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090517 CC Agenda
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL ADJOURNED MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA SEPTEMBER 5, 2017 — 6:00 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. No Closed Session Next in Order: Ordinance: 17-06 Resolution: 17-52 CALL TO ORDER: Mayor Maryann Edwards Prelude Music: Susan Miyamoto Invocation: Doug VomSteeg of Ventana Ministries Flag Salute: Council Member James "Stew" Stewart ROLL CALL: Comerchero, Naggar, Rahn, Stewart, Edwards 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. 1 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 August 22, 2017 RECOMMENDATION: 2.1 That the City Council approve the action minutes of August 22, 2017. 3 Approve the List of Demands RECOMMENDATION: 3.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Authorize the City to Execute and Deliver a 2007 Bond Proceeds Funding Agreement RECOMMENDATION: 4.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A 2007 BOND PROCEEDS FUNDING AGREEMENT AND THE TAKING OF RELATED ACTIONS 2 5 Authorize the City to Execute and Deliver a Housing Bond Proceeds Funding Agreement RECOMMENDATION: 5.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, ACTING IN ITS CAPACITY AS THE HOUSING SUCCESSOR, DESIGNATING THE USE OF HOUSING BOND PROCEEDS, APPROVING THE EXECUTION AND DELIVERY OF A HOUSING BOND PROCEEDS FUNDING AGREEMENT AND THE TAKING OF CERTAIN RELATED ACTIONS 6 Award a Construction Contract to Kaveh Engineering & Construction, Inc. for the Overland Drive Extension, Project No. PW16-06 RECOMMENDATION: 6.1 Award a Construction Contract to Kaveh Engineering & Construction, Inc., in the amount of $844,949, for Overland Drive Extension (from Commerce Center Drive to Enterprise Circle West), PW16-06; 6.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $84,494.90, which is equal to 10% of the Contract amount; 6.3 Make a finding that Overland Drive Extension, PW16-06, is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees 7 Authorize the City Manager to Approve Agreements for Excavation Monitoring for Interstate 15/State Route 79 South Ultimate Interchange, PW04-08 RECOMMENDATION: 7.1 That the City Council authorize the City Manager to approve agreements for excavation monitoring in excess of $30,000, but totaling no more than $100,000, for Interstate 15 / State Route 79 South Ultimate Interchange, PW04-08. 8 Approve a Fee Waiver for Grading Plan Check Fees for the Meadowview Streambed Restoration Project RECOMMENDATION: 8.1 That the City Council approve a fee waiver for grading plan check fees for the Meadowview Streambed Restoration project. 3 9 Approve Plans and Specifications, and Authorize the Solicitation of Construction Bids for the Traffic Signal Installation — Redhawk Parkway/Vail Ranch Parkway at El Chimisal Road/Tehachapi Pass, PW15-09 RECOMMENDATION: 9.1 Approve the Plans and Specifications, and authorize the Department of Public Works to solicit construction bids for the Traffic Signal Installation — Redhawk Parkway/Vail Ranch Parkway at El Chimisal Road/Tehachapi Pass, PW15-09; 9.2 Make a finding that this project is exempt from CEQA pursuant to Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. 10 Authorize the Director of Public Works to Execute the Extra Work Authorization for Grant Application Services for French Valley Parkway/Interstate 15 Improvements — Phase II and III, PW16-01 RECOMMENDATION: 10.1 Authorize the Director of Public Works to execute the Extra Work Authorization to the Agreement for Consultant Services with T.Y. Lin International for the preparation and submittal of an application for the Infrastructure for Rebuilding America (INFRA) Grant for French Valley Parkway / Interstate 15 Improvements — Phase II and III, PW16-01. 11 Approve an Increase to the Contingency for the Pavement Rehabilitation Program — Residential Slurry Seal, PW17-03 RECOMMENDATION: 11.1 Approve an increase to the contingency, in the amount of $140,000, for the Pavement Rehabilitation Program — Residential Slurry Seal, PW17-03; 11.2 Increase the City Manager authority to approve contract change orders by the same amount. ******************** 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 ******************** 4 TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: CSD 17-01 Resolution: CSD 17-05 CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Rahn, Stewart, Comerchero 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. 12 Approve the Action Minutes of August 22, 2017 RECOMMENDATION: 12.1 That the Board of Directors approve the action minutes of August 22, 2017. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT Next regular meeting: Tuesday, September 26, 2017, 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 SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY MEETING Next in Order: Ordinance: SARDA 17-01 Resolution: SARDA 17-03 CALL TO ORDER: Chairperson Maryann Edwards ROLL CALL: DIRECTORS: Comerchero, Naggar, Rahn, Stewart, Edwards 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. 13 Authorize the Successor Agency to the Temecula Redevelopment Agency to Execute and Deliver a Housing Bond Proceeds Funding Agreement RECOMMENDATION: 13.1 That the Board of Directors adopt a resolution entitled: RESOLUTION NO. SARDA 17- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY APPROVING THE SUCCESSOR AGENCY'S EXECUTION OF A HOUSING BOND PROCEEDS FUNDING AGREEMENT AND THE TAKING OF RELATED ACTIONS 6 14 Authorize the Successor Agency to the Temecula Redevelopment Agency to Execute and Deliver a 2007 Bond Proceeds Funding Agreement RECOMMENDATION: 14.1 That the Board of Directors adopt a resolution entitled: RESOLUTION NO. SARDA 17- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY APPROVING THE SUCCESSOR AGENCY'S EXECUTION OF A 2007 BOND PROCEEDS FUNDING AGREEMENT AND THE TAKING OF RELATED ACTIONS 15 Authorize the Successor Agency to the Temecula Redevelopment Agency to Issue Bonds to Refinance Existing Tax Allocation Bonds of the Former Temecula Redevelopment Agency RECOMMENDATION: 15.1 That the Board of Directors adopt a resolution entitled: RESOLUTION NO. SARDA 17- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY APPROVING THE ISSUANCE OF REFUNDING BONDS IN ORDER TO REFUND CERTAIN OUTSTANDING BONDS OF THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, APPROVING THE EXECUTION AND DELIVERY OF VARIOUS DOCUMENTS RELATING THERETO, REQUESTING OVERSIGHT BOARD APPROVAL OF THE ISSUANCE OF THE REFUNDING BONDS, REQUESTING CERTAIN DETERMINATIONS BY THE OVERSIGHT BOARD, AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO SARDA EXECUTIVE DIRECTOR REPORT SARDA BOARD OF DIRECTORS REPORTS SARDA ADJOURNMENT Next regular meeting: Tuesday, September 26, 2017, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. 7 TEMECULA HOUSING AUTHORITY — No Meeting TEMECULA PUBLIC FINANCING AUTHORITY — No Meeting 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. 16 Consider the Truax Hotel Project Including a Specific Plan Amendment, a Development Plan Application, and a Minor Exception (Planning Application Nos. PA17-0109, PA16-0270, and PA17-1020) RECOMMENDATION: That the City Council conduct a Public Hearing and: 16.1 Adopt a resolution entitled: RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT, ADOPTING FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE TRUAX HOTEL PROJECT, CONSISTING OF APPROXIMATELY 2.46 ACRES, GENERALLY LOCATED ON THE NORTH AND SOUTH SIDE OF 3RD STREET BETWEEN OLD TOWN FRONT STREET AND MERCEDES STREET (APNS 922-043-002, 922-043-004, 922-043-018, 922-043-024, 922-043-003, 922-043-015, 922-043-023, 922-043-025, 922-044-017, AND 922-044-020) 8 16.2 Adopt a resolution entitled: RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SPECIFIC PLAN NO. 5 (OLD TOWN) TO RELOCATE A PORTION OF THE EXISTING HOTEL OVERLAY FOR THE TRUAX HOTEL PROJECT, CONSISTING OF APPROXIMATELY 1.48 ACRES GENERALLY LOCATED ON THE SOUTH SIDE OF 3RD STREET BETWEEN OLD TOWN FRONT STREET AND MERCEDES STREET AND TAKE ACTIONS RELATED THERETO (APNS 922-043-002, 922-043-004, 922-043-018, 922-043-024, 922-043-003, 922-043-015, 922-043-023, AND 922-043-025) (PA17-0109) 16.3 Adopt a resolution entitled: RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DEVELOPMENT PLAN APPLICATION FOR THE TRUAX HOTEL PROJECT TO ALLOW FOR THE CONSTRUCTION OF A SIX -STORY, APPROXIMATELY 175,677 SQUARE FOOT HOTEL GENERALLY LOCATED ALONG THE SOUTH SIDE OF 3RD STREET BETWEEN OLD TOWN FRONT STREET AND MERCEDES STREET, AND A PARKING STRUCTURE TOTALING APPROXIMATELY 86,117 SQUARE FEET AND CONTAINING APPROXIMATELY 2,846 SQUARE FEET OF GROUND FLOOR SPACE (APNS: 922-043-002, 922-043-004, 922-043-018, 922-043-024, 922-043-003, 922-043-015, 922-043-023, 922-043-025, 922-044-017, AND 922-044-020) (PA16-0270) 16.4 Adopt a resolution entitled: RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A MINOR EXCEPTION APPLICATION TO ALLOW FOR AN INCREASE IN BUILDING HEIGHT FOR A PARKING GARAGE IN CONNECTION WITH THE TRUAX HOTEL PROJECT (APNS: 922-044-017, 922-044-020) (PA17-1020) 9 17 Consider the Cypress Ridge Residential Project Including a General Plan Amendment, a Planned Development Overlay/Zone Change, a Tentative Tract Map, and a Development Plan (Planning Application Nos. PA15-1894, PA15-1893, and PA15-1892) RECOMMENDATION: That the City Council conduct a Public Hearing and consider the Cypress Ridge Residential Project including a General Plan Amendment, a Planned Development Overlay/Zone Change, a Tentative Tract Map, and a Development Plan (Planning Application Nos. PA15-1894, PA15-1893, and PA15-1892) and adopt related resolutions and introduce ordinance: 17.1 Adopt a resolution entitled: RESOLUTION NO. 17- 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 ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE CYPRESS RIDGE PROJECT, CONSISTING OF APPROXIMATELY 22.73 ACRES, GENERALLY LOCATED ON THE NORTHEAST CORNER OF PECHANGA PARKWAY AND LOMA LINDA ROAD (APNS 961-450-003, 961-450-012, 961-450-013) 17.2 Adopt a resolution entitled: RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A GENERAL PLAN AMENDMENT APPLICATION TO REVISE THE GENERAL PLAN DESIGNATION OF THREE EXISTING PARCELS FROM PROFESSIONAL OFFICE (PO) TO MEDIUM DENSITY (M) RESIDENTIAL IN CONNECTION WITH THE CYPRESS RIDGE PROJECT (APNS: 961-450-003, 961-450-012, 961-450-013) (PA15-1894) 10 17.3 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 17 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 17 OF THE TEMECULA ZONING CODE TO ADD A NEW ARTICLE XVI (CYPRESS RIDGE PLANNED DEVELOPMENT OVERLAY DISTRICT 15) TO CHAPTER 17.22 (PLANNED DEVELOPMENT OVERLAY ZONING DISTRICT) ON A 22.73 ACRE SITE GENERALLY LOCATED ON THE NORTHEAST CORNER OF PECHANGA PARKWAY AND LOMA LINDA ROAD (APNS: 961-450-003, 961-450-012, 961-450-013) AND AMENDING THE TEMECULA ZONING MAP (PA15-1895) 17.4 Adopt a resolution entitled: RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING TENTATIVE TRACT MAP 37021 TO DIVIDE THREE EXISTING PARCELS TOTALING 22.73 ACRES INTO TWO LOTS (WITH THREE LETTERED LOTS) TO ALLOW FOR A RESIDENTIAL DEVELOPMENT ON THE NORTHEAST CORNER OF PECHANGA PARKWAY AND LOMA LINDA ROAD (APNS 961-450-003, 961-450-012, 961-450-013) (PA15-1893) 17.5 Adopt a resolution entitled: RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DEVELOPMENT PLAN APPLICATION TO ALLOW FOR 245 RESIDENTIAL MARKET RATE UNITS CONSISTING OF DETACHED/ATTACHED CLUSTER AND DUPLEX/TRIPLEX UNITS TOTALING APPROXIMATELY 439,341 SQUARE FEET AND THE CONVERSION OF A 0.67 -ACRE OFF-SITE EXISTING CONCRETE DRAINAGE DITCH INTO A LANDSCAPED INFILTRATION BASIN AND MAKING IMPROVEMENTS TO PALA PARK AND ADDITIONAL OFF-SITE LANDSCAPE IMPROVEMENTS NORTH OF THE PROJECT SITE ALONG PECHANGA PARKWAY (APNS: 961-450-003, 961-450-012, 961-450-013) (PA15-1892) 11 17.6 If the City Council approves recommendations 1 through 5, thereby approving the proposed Cypress Ridge Residential Development; Adopt a resolution entitled: RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A JOINT COMMUNITY FACILITIES AGREEMENT AMONG THE CITY OF TEMECULA, THE TEMECULA VALLEY UNIFIED SCHOOL DISTRICT AND RC PECHANGA 20, LP FOR COMMUNITY FACILITIES DISTRICT NO. 2017-1 OF THE TEMECULA VALLEY UNIFIED SCHOOL DISTRICT 18 Approve the Generations Proiect Including a Development Plan and Planned Development Overlay Amendment (Planning Application Nos. PA15-1885 and PA15-1886) RECOMMENDATION: That the City Council conduct a Public Hearing and approve the Generations Project including a Development Plan and Planned Development Overlay Amendment (Planning Application Nos. PA15-1885 and PA15-1886) and adopt related resolutions and introduce ordinance: 18.1 Adopt a resolution entitled: RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A MITIGATED NEGATIVE DECLARATION, AND MITIGATION MONITORING PROGRAM FOR A PLANNED DEVELOPMENT OVERLAY AMENDMENT TO THE LINFIELD CHRISTIAN SCHOOL PLANNED DEVELOPMENT OVERLAY (PDO -7) AND A DEVELOPMENT PLAN APPLICATION FOR THE CONSTRUCTION OF AN APPROXIMATELY 493,044 SQUARE -FOOT INDEPENDENT LIVING, ASSISTED LIVING, AND MEMORY CARE COMMUNITY CONTAINING 317 UNITS GENERALLY LOCATED ON THE SOUTH SIDE OF RANCHO VISTA ROAD, APPROXIMATELY 2,500 FEET EAST OF MARGARITA ROAD (APNS 955-020-019, 955-020-018, 955-020-012, 955-020-017) 18.2 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 17 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A PLANNED DEVELOPMENT OVERLAY AMENDMENT (PA15-1886) TO THE LINFIELD CHRISTIAN SCHOOL PLANNED DEVELOPMENT OVERLAY (PDO -7) GENERALLY LOCATED ON THE SOUTH SIDE OF RANCHO VISTA ROAD, APPROXIMATELY 2,500 FEET EAST OF MARGARITA ROAD (APN 955-020-019, 955-020-018, 955-020-012, 955-020-017) 12 18.3 Adopt a resolution entitled: RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DEVELOPMENT PLAN (PA15-1885) TO ALLOW FOR THE CONSTRUCTION OF AN APPROXIMATELY 493,044 SQUARE -FOOT INDEPENDENT LIVING, ASSISTED LIVING, AND MEMORY CARE COMMUNITY CONTAINING 317 UNITS GENERALLY LOCATED ON THE SOUTH SIDE OF RANCHO VISTA ROAD, APPROXIMATELY 2,500 FEET EAST OF MARGARITA ROAD (APN 955-020-018) CITY COUNCIL BUSINESS 19 Consider Formation of the Southwest Riverside County Interstate 15 Lane Expansion Task Force (At the Request of Council Member Naggar) RECOMMENDATION: 19.1 Provide direction to the City Manager to initiate and plan the formation of the Southwest Riverside County Interstate 15 Lane Expansion Task Force, with initial meetings with regional cities and subsequent meetings with transportation partners; 19.2 Appoint Mayor and City Council RCTC Representative (Riverside County Transportation Commission) to participate on the Southwest Riverside County Interstate 15 Lane Expansion Task Force. BOARD/COMMISSION REPORTS CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: Tuesday, September 26, 2017, 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 — Tem eculaCA.gov — 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 — TemeculaCA.gov — 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. 13 CITY COUNCIL CONSENT Item No. 1 Approvals City Attorney Director of Finance City Manager Ozer - ..1 . CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, City Clerk DATE: September 5, 2017 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 AUGUST 22, 2017 – 7:00 PM 6:00 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: CONFERENCE WITH LEGAL COUNSEL—PENDING LITIGATION. The City Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(1) with respect to one matter of pending litigation: Los Ranchitos Homeowners Association v. City of Temecula, Riverside County Superior Court No. RIC1512880. At 6:00 PM Mayor Edwards 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 PM CALL TO ORDER: Mayor Maryann Edwards Prelude Music: TVCA Chamber Musicians – Caroline Nguyen, Joseph Campbell and Michael May Invocation: Pastor Gary Nelson of Calvary Chapel Temecula Valley Flag Salute: Mayor Pro Tem Matt Rahn ROLL CALL: Comerchero, Naggar (absent), Rahn, Stewart, Edwards PRESENTATIONS/PROCLAMATIONS Presentation of Certificate of Recognition to Paradise Chevrolet Cadillac for Receiving General Motors Business Elite Mark of Excellence Dealer Award Presentation of National Preparedness Month Proclamation Presentation of Certificates of Recognition to Jerzy Kanigowski, Bill McAteer, and Bruce Wedeking PUBLIC COMMENTS The following individual addressed the City Council: • Mark Katan Action Minutes 082217 1 CITY COUNCIL REPORTS CONSENT CALENDAR 1 Waive Reading of Standard Ordinances and Resolutions - Approved Staff Recommendation (4-0, Naggar absent); Motion by Rahn, Second by Comerchero; and electronic vote reflected approval by Comerchero, Rahn, Stewart and Edwards with Naggar absent. 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 August 8, 2017 - Approved Staff Recommendation (4-0, Naggar absent); Motion by Rahn, Second by Comerchero; and electronic vote reflected approval by Comerchero, Rahn, Stewart and Edwards with Naggar absent. RECOMMENDATION: 2.1 That the City Council approve the action minutes of August 8, 2017. 3 Approve the List of Demands - Approved Staff Recommendation (4-0, Naggar absent); Motion by Rahn, Second by Comerchero; and electronic vote reflected approval by Comerchero, Rahn, Stewart and Edwards with Naggar absent. RECOMMENDATION: 3.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 17-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Adopt Ordinance 17-05 Amending Chapter 15.08, Western Riverside County Transportation Uniform Mitigation Fee Program, and Finding this Action Exempt from CEQA (Second Reading) - Approved Staff Recommendation (4-0, Naggar absent); Motion by Rahn, Second by Comerchero; and electronic vote reflected approval by Comerchero, Rahn, Stewart and Edwards with Naggar absent. RECOMMENDATION: Action Minutes 082217 2 4.1 That the City Council adopt an ordinance entitled: ORDINANCE NO. 17-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 15.08, WESTERN RIVERSIDE COUNTY TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM, AND FINDING THIS ACTION EXEMPT FROM CEQA 5 Approve the Second Amendment to the Consultant Services Agreement with Park Consulting Group for Technology Services - Approved Staff Recommendation (4-0, Naggar absent); Motion by Rahn, Second by Comerchero; and electronic vote reflected approval by Comerchero, Rahn, Stewart and Edwards with Naggar absent. RECOMMENDATION: 5.1 That the City Council approve a Second Amendment to the Consultant Services Agreement with Park Consulting Group to extend the term to June 30, 2019, and to increase the authorized contract amount in the amount of $100,000 for technology services, for a total agreement amount of $150,000 6 Approve the Sponsorship Agreement with Michelle's Place for the Michelle's Place Walk of Hope (At the Request of Economic Development Committee Mayor Edwards and Council Member Comerchero) - Approved Staff Recommendation (4-0, Naggar absent); Motion by Rahn, Second by Comerchero; and electronic vote reflected approval by Comerchero, Rahn, Stewart and Edwards with Naggar absent. RECOMMENDATION: 6.1 That the City Council approve the Sponsorship Agreement with Michelle's Place for city -support costs, in the amount of $250 and in-kind promotional services of $11,415, for the Michelle's Place Walk of Hope. 7 Approve the Sponsorship Agreement with Valley of the Mist Quilt Guild for the 2017 Old Town Temecula Outdoor Quilt Show (At the Request of Economic Development Committee Mayor Edwards and Council Member Comerchero) - Approved Staff Recommendation (4-0, Naggar absent); Motion by Rahn, Second by Comerchero; and electronic vote reflected approval by Comerchero, Rahn, Stewart and Edwards with Naggar absent. RECOMMENDATION: 7.1 That the City Council approve the Sponsorship Agreement with Valley of the Mist Quilt Guild for city -support costs, in the amount of $1,900 and in-kind promotional services of $11,415, for the 2017 Old Town Temecula Outdoor Quilt Show. 8 Approve an Agreement for Minor Maintenance Services with Rene B. Martinez, Sr. dba Rene's Commercial Management for Homeless Encampment Cleanup Services, and Approve an Appropriation from the General Fund Reserve - Approved Staff Recommendation (4-0, Naggar absent); Motion by Comerchero, Second by Rahn; Action Minutes 082217 3 and electronic vote reflected approval by Comerchero, Rahn, Stewart and Edwards with Naggar absent. RECOMMENDATION: 8.1 Approve an Agreement for Minor Maintenance Services with Rene B. Martinez, Sr. dba Rene's Commercial Management, in the amount of $100,000, for Homeless Encampment Cleanup Services; 8.2 Approve an appropriation, in the amount of $100,000, from the General Fund Reserve. The following individuals addressed the City Council on item 8: • Tami Sims • Martha Howard 9 Receive and File Temporary Street Closure for 2017 Autumnfest Events - Approved Staff Recommendation (4-0, Naggar absent); Motion by Rahn, Second by Comerchero; and electronic vote reflected approval by Comerchero, Rahn, Stewart and Edwards with Naggar absent. RECOMMENDATION: 9.1 That the City Council receive and file the following proposed action by the City Manager: Temporarily close certain streets for the following 2017 Autumnfest Events: WESTERN DAYS HEALTH & COMMUNITY RESOURCE FAIR GREEK FESTIVAL VETERAN'S DAY PECHANGA PU'ESKA MOUNTAIN DAY 10 Summarily Vacate Restricted Access Along a Portion of Rancho California Road at Parcel 3 of Parcel Map 19580-1 - Approved Staff Recommendation (4-0, Naggar absent); Motion by Rahn, Second by Comerchero; and electronic vote reflected approval by Comerchero, Rahn, Stewart and Edwards with Naggar absent. RECOMMENDATION: 10.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 17-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO SUMMARILY VACATE RESTRICTED ACCESS ALONG A PORTION OF RANCHO CALIFORNIA ROAD AT PARCEL 3 OF PARCEL MAP 19580-1, PURSUANT TO THE AUTHORITY PROVIDED BY CHAPTER 4, PART 3, DIVISION 9 OF THE STREETS AND HIGHWAY CODE Action Minutes 082217 4 11 Summarily Vacate Restricted Access Along a Portion of Rancho California Road at Parcel 1 of Parcel Map 35481 - Approved Staff Recommendation (4-0, Naggar absent); Motion by Rahn, Second by Comerchero; and electronic vote reflected approval by Comerchero, Rahn, Stewart and Edwards with Naggar absent. RECOMMENDATION: 11.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 17-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO SUMMARILY VACATE RESTRICTED ACCESS ALONG A PORTION OF RANCHO CALIFORNIA ROAD AT PARCEL 1 OF PARCEL MAP 35481, PURSUANT TO THE AUTHORITY PROVIDED BY CHAPTER 4, PART 3, DIVISION 9 OF THE STREETS AND HIGHWAY CODE 12 Approve Tract Map 36479 (Located at the Southeast Corner of Nicolas Road and Via Lobo - Approved Staff Recommendation (4-0, Naggar absent); Motion by Rahn, Second by Comerchero; and electronic vote reflected approval by Comerchero, Rahn, Stewart and Edwards with Naggar absent. RECOMMENDATION: 12.1 Approve Tract Map 36479 in conformance with the Conditions of Approval; 12.2 Approve the Subdivision Improvement Agreement and accept the Faithful Performance Bond and Labor and Material Bond as security for the Agreement; 12.3 Approve the Subdivision Monument Agreement and accept the Monumentation Bond as security for the Agreement. RECESS: At 7:46 PM, the City Council recessed and convened as the Temecula Community Services District Meeting. At 7:47 PM, the City Council resumed with the remainder of the City Council Agenda. RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING 14 Adopt Weed Abatement Lien Resolution for Fiscal Year 2016-17 - Approved Staff Recommendation (4-0, Naggar absent); Motion by Comerchero, Second by Rahn; and electronic vote reflected approval by Comerchero, Rahn, Stewart and Edwards with Naggar absent. RECOMMENDATION: Action Minutes 082217 5 14.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 17-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ORDERING CONFIRMATION OF THE SPECIAL ASSESSMENTS AGAINST PARCELS OF LAND WITHIN THE CITY OF TEMECULA FOR COSTS OF ABATEMENT AND REMOVAL OF HAZARDOUS VEGETATION FOR FISCAL YEAR 2016-17 DEPARTMENTAL REPORTS 15 Community Development Department Monthly Report 16 Fire Department Monthly Report 17 Police Department Monthly Report 18 Public Works Department Monthly Report BOARD/COMMISSION REPORTS CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Thorson stated there were no reportable actions under the Brown Act in regards to the Closed Session item. ADJOURNMENT At 8:00 PM, the City Council meeting was formally adjourned to Tuesday, September 5, 2017, with regular session commencing at 6:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Maryann Edwards, Mayor ATTEST: Randi Johl, City Clerk [SEAL] Action Minutes 082217 6 Item No. 3 TO: FROM: DATE: SUBJECT: Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT City Manager/City Council Jennifer Hennessy, Director of Finance September 5, 2017 Approve the List of Demands PREPARED BY: RECOMMENDATION: Pascale Brown, Fiscal Services Manager Pam Espinoza, Accounting Tech I That the City Council adopt a resolution entitled: RESOLUTION NO. 17- 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. 17- 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 $5,387,760.78. 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 5th day of September, 2017. Maryann Edwards, 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. 17- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 5th day of September, 2017, 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 08/10/2017 TOTAL CHECK RUN: $ 3,946,428.28 08/17/2017 TOTAL CHECK RUN: 934,033.38 08/10/2017 TOTAL PAYROLL RUN: 507,299.12 TOTAL LIST OF DEMANDS FOR 09/05/2017 COUNCIL MEETING: $ 5,387,760.78 DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL FUND $ 3,709,210.06 125 PEG PUBLIC EDUCATION & GOVERNMENT 26,474.77 140 COMMUNITY DEV BLOCK GRANT 21,325.43 165 AFFORDABLE HOUSING 2,491.60 190 TEMECULA COMMUNITY SERVICES DISTRICT 255,892.56 192 TCSD SERVICE LEVEL B STREET LIGHTS 239.88 194 TCSD SERVICE LEVEL D REFUSE RECYCLING 1,453.68 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 9,399.99 197 TEMECULA LIBRARY FUND 24,824.65 210 CAPITAL IMPROVEMENT PROJECTS FUND 601,910.46 300 INSURANCE FUND 6,886.52 305 WORKERS' COMPENSATION 2,528.63 320 INFORMATION TECHNOLOGY 91,631.34 325 TECHNOLOGY REPLACEMENT FUND 24,000.00 330 CENTRAL SERVICES 2,824.71 340 FACILITIES 65,962.92 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 62.27 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 107.50 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 1,536.72 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 28.69 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 143.55 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 28.71 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 57.09 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 399.96 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 25.29 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 31.50 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 26.71 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 289.49 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 1,488.03 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 79.43 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 30.03 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 73.45 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 24.94 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 235.32 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 1,139.10 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 311.34 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 4,890.43 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 27.53 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 414.46 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 4,757.06 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 60.22 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 25.29 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 30.34 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 9,117.73 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 26.28 700 CERBT CALIFORNIA EE RETIREE-GASB45 7,936.00 $ 4,880,461.66 CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 257,145.10 140 COMMUNITY DEV BLOCK GRANT 408.07 165 AFFORDABLE HOUSING 3,133.68 190 TEMECULA COMMUNITY SERVICES DISTRICT 150,292.87 192 TCSD SERVICE LEVEL B STREET LIGHTS 323.69 194 TCSD SERVICE LEVEL D REFUSE RECYCLING 2,462.57 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 314.90 197 TEMECULA LIBRARY FUND 1,461.14 300 INSURANCE FUND 886.29 305 WORKERS' COMPENSATION 1,876.42 320 INFORMATION TECHNOLOGY 25,260.58 330 CENTRAL SERVICES 4,033.22 340 FACILITIES 10,548.16 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 18.74 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 38.70 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 30.38 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 4.17 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 49.52 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTR 7.07 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 7.65 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 188.12 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 1.53 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 7.85 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 2.39 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 105.61 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 22.41 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 7.27 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 5.90 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 26.31 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 0.51 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 98.00 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 52.28 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 147.11 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 240.54 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 3.18 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 6.10 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 135.29 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 43.36 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 0.98 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 6.10 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 209.28 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 1.92 700 CERBT CALIFORNIA EE RETIREE-GASB45 47,684.16 507,299.12 TOTAL BY FUND: $ 5,387,760.78 apChkLst Final Check List 08/10/2017 9:59:23AM CITY OF TEMECULA Page: 1 Bank : union UNION BANK Check # Date Vendor Description 3446 08/10/2017 000246 PERS (EMPLOYEES' PERS EMPLOYEE RETIREMENT RETIREMENT) PAYMENT Amount Paid Check Total 89,960.09 89,960.09 3451 08/10/2017 010349 CALIF DEPT OF CHILD SUPPORT PAYMENT 1,008.45 1,008.45 SUPPORT 3452 08/10/2017 017429 COBRA ADVANTAGE INC., DBA: REIMBURSEMENT FSA PAYMENT 19,700.70 19,700.70 FLEX ADVANTAGE 3453 08/10/2017 000194 I CMA RETIREMENT -PLAN I CMA RETIREMENT TRUST 457 8,476.58 8,476.58 303355 PAYMENT 3454 08/10/2017 000444 INSTATAX (EDD) STATE TAXES PAYMENT 24,076.91 24,076.91 3455 08/10/2017 000283 INSTATAX (IRS) FEDERAL INCOME TAXES PAYMENT 3456 08/10/2017 000389 NATIONWIDE RETIREMENT OBRA- PROJECT RETIREMENT SOLUTION PAYMENT 3457 08/10/2017 001065 NATIONWIDE RETIREMENT NATIONWIDE RETIREMENT PAYMENT SOLUTION 3458 08/10/2017 019088 NATIONWIDE RETIREMENT NATIONWIDE LOAN REPAYMENT SOLUTION PAYMENT 3460 08/10/2017 000245 PERS - HEALTH INSUR PREMIUM 184375 08/09/2017 018070 HAWKINS, KEVIN 89,345.92 89,345.92 6,077.32 6,077.32 11,632.49 11,632.49 442.44 442.44 PERS HEALTH PAYMENT 0.00 PERS HEALTH PAYMENT 114,732.50 ADV. CLAIMS PAYMENT 6,314.14 184376 08/10/2017 004973 ABACHERLI, LINDI TCSD INSTRUCTOR EARNINGS 184377 08/10/2017 018098 ACME ADMINISTRATORS, INC AUG THIRD PARTY CLAIMS ADMIN: WORKERS 114, 732.50 6,314.14 350.00 350.00 1,250.00 1,250.00 184378 08/10/2017 020107 ADAMS QUAN, SHANNON REFUND:RETURNED LOST 26.00 26.00 MATERIALS:LIBRARY 184379 08/10/2017 019075 ADORAMA INC miscA/V production equip:PEG supplies 1,599.00 1,599.00 184380 08/10/2017 004240 AMERICAN FORENSIC NURSES DUI DRUG SCREENINGS: POLICE 225.00 (AFN) DUI DRUG SCREENINGS: POLICE 750.00 975.00 Pagel apChkLst Final Check List 08/10/2017 9:59:23AM CITY OF TEMECULA Page: 2 Bank : union UNION BANK (Continued) Check # Date Vendor Description 184381 08/10/2017 002187 ANIMAL FRIENDS OF THE JUN ANIMAL CONTROL SRVCS:CITY VALLEYS OF TEMECUL 184382 08/10/2017 013950 AQUA CHILL OF SAN DIEGO 184383 08/10/2017 004623 AQUA SOURCE INC 184384 08/10/2017 006254 BALLET FOLKLORICO JUL DRINKING WATER SRVCS: INFO TECH JUL DRINKING WATER SYSTEM: CIVIC C JUL DRINKING WATER SYSTEM: MPSC JUL DRINKING WATER SYSTEM: JRC Amount Paid Check Total 10,000.00 10,000.00 28.28 183.71 34.75 28.28 POOL MAI NT:TES 417.92 POOL TEST REAGENTS:AQUATICS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS 184385 08/10/2017 010806 BARNEYS TIRE AND WHEEL VEHICLE MAINTENANCE: TCC 184386 08/10/2017 014293 BIBLIOTHECA ITG, LLC SELF SVC CHECKOUT SYSTEM: LIBRARY 184387 08/10/2017 014284 BLAKELY'S TRUCK SERVICE VEH & EQUIP REPAIRS: PW STREET MAINT VEH & EQUIP REPAIRS: PW STREET MAI VEH & EQUIP REPAIRS: PW STREET MAI VEH & EQUIP REPAIRS: PW STREET MAI 275.02 146.04 563.96 367.50 171.50 147.00 686.00 190.00 190.00 8,722.48 8,722.48 236.68 175.32 100.89 521.58 184388 08/10/2017 018408 BOB CALLAHAN'S POOL JUL POOLS & FOUNTAINS MAINT:VAR 925.00 SERVICE FACILITI JUL POOLS & FOUNTAINS MAINT: VAR F/ 1,095.00 184389 08/10/2017 011348 BONCOR WATER SYSTEMS JUL & AUG WATER TANK FILTER REPL: 508.00 LLC STA 73 184390 08/10/2017 008605 BONTERRA PSOMAS JUN ENVIRO MITIGATION SVCS 1,034.47 2,020.00 508.00 2,381.25 2,381.25 184391 08/10/2017 017878 CALFEST 24TH ANNUAL CONVENTION:ADAMIAK 495.00 495.00 1/23-25 184392 08/10/2017 004248 CALIF DEPT OF JUSTICE-ACCTING MAY DOJ ALCOHOL 35.00 ANALYSIS:TEMECULA POLICE APR DOJ ALCOHOLANALYSIS:TEMECUL 35.00 70.00 184393 08/10/2017 018828 CASC ENGINEERING AND PREP CEQA DOCS:PRECISION STORAGE 184394 08/10/2017 004462 CDW, LLC 43.75 43.75 printer lifecycle replacement:info tech 2,917.11 MISC SMALL TOOLS & EQUIP:INFO TECF 724.58 3,641.69 Page2 apChkLst 08/10/2017 9:59:23AM Final Check List CITY OF TEMECULA Page: 3 Bank : union UNION BANK (Continued) Check # Date Vendor 184395 08/10/2017 004405 COMMUNITY HEALTH CHARITIES, C/O WELLS FARGO BANK 184396 08/10/2017 016530 COMMUNITY MISSION OF HOPE 184397 08/10/2017 013379 COSSOU, CELINE 184398 08/10/2017 014521 COSTAR GROUP INFORMATION, INC 184399 08/10/2017 004329 COSTCO TEMECULA #491 184400 08/10/2017 010650 CRAFTSMEN PLUMBING & HVAC INC 184401 08/10/2017 018491 CRONBERG PHOTOGRAPHY 184402 08/10/2017 000209 CROP PRODUCTION SERVICES 184403 08/10/2017 003272 DAISY WHEEL RIBBON CO.,INC DBA 184404 08/10/2017 002990 DAVID TURCH &ASSOCIATES 184405 08/10/2017 008943 DEPT OF GENERAL SERVICES (DGS) 184406 08/10/2017 003945 DIAMOND ENVIRONMENTAL SRVCS Description EMPLOYEE CHARITY DONATIONS PAYMENT CDBG SUBRECIPIENT:INCLEMENT WEATHER TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS AUG 17 WEB SUBSCRIPTION:ECO DEV SUPPLIES:HUMAN SERVICES SUPPLIES,REFRESHMENTS & MISC. ITE SUPPLIES:HUMAN SERVICES PLUMBING SRVCS: VARIOUS PARKS RE -ATTACH TOWER PANELS: CIVIC CEN PLUMBING REPAIR: SENIOR CENTER PLUMBING SVCS: PBSP INSTALL HVAC PART: BIRDSALL SNACK E PLUMBING SVCS: SKATE PARK CUTAND REPAIR EOC DESK TCSD INSTRUCTOR EARNINGS MAINTENANCE SUPPLIES:PW STREET DIV MISC TONER & INK FOR PRINTERS:ALL FACILI JUN 17 FED LEGISLATIVE CONSULTING SVCS: CASE FILING FEE: RANCHO MASSAGE PORTABLE RESTROOM RENTALS: LONG CANYON P PORTABLE RESTROOM RENTALS: LASE PORTABLE RESTROOM RENTALS: VAIL F PORTABLE RESTROOM RENTALS: RIVEF PORTABLE RESTROOM RENTALS: GRED 184407 08/10/2017 020102 DYNAMIC WOORDWORKS OVERPAYMENT OF BUS LIC APPLICATION Amount Paid Check Total 24.00 8,283.00 1,330.00 490.00 433.67 72.27 413.72 424.12 399.22 7,000.00 225.00 110.00 248.00 210.00 350.00 392.00 54.38 2,465.46 3,500.00 672.50 55.96 55.96 55.96 55.96 55.96 24.00 8,283.00 1,820.00 433.67 910.11 8,542.22 392.00 54.38 2,465.46 3,500.00 672.50 279.80 1.00 1.00 Page3 apChkLst Final Check List 08/10/2017 9:59:23AM CITY OF TEMECULA Page: 4 Bank : union UNION BANK (Continued) Check # Date Vendor Description 184408 08/10/2017 004592 EBS GENERAL ENGINEERING, CITYWIDE CONCRETE REPAIRS: INC. PW16-04 Amount Paid Check Total 32,717.05 32,717.05 184409 08/10/2017 004068 ECALDRE MANALILI-DE VILLA, TCSD INSTRUCTOR EARNINGS 175.00 AILEEN 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 184410 08/10/2017 011202 EMH SPORTS USA, INC TCSD INSTRUCTOR EARNINGS 184411 08/10/2017 011292 ENVIRONMENTAL SCIENCE ASSOC. 184412 08/10/2017 020103 ESCOLERO, LOUIS 184413 08/10/2017 001056 EXCEL LANDSCAPE, INC. 231.00 280.00 215.60 262.50 140.00 105.00 245.00 350.00 315.00 354.20 2,673.30 840.00 840.00 JUN SEIR FOR THE PROPOSED: 4,820.00 TRUAX HOTEL DEC 16 EIR:CYPRESS RIDGE DEV 5,185.60 BALANCE ADJ FOR VIOLATION 305.00 DISMISSAL JUL LNDSCP MAINT:PARKS:MEDIANS JUL LNDSCP MAINT:PARKS:SCHOOLS JUL LNDSCP MAINT:PARKS:MEDIANS 184414 08/10/2017 017432 EYEMED VISION CARE VISION PLAN PAYMENT 184415 08/10/2017 015330 FAIR HOUSING COUNCIL JUN 17 FAIR HOUSING SRVCS:CDBG FUNDING 184416 08/10/2017 019469 FALCON ENGINEERING JUL 17 CONST MGMT SRVCS: PW04-08 SERVICES 51,049.63 54,261.63 19,085.51 10,005.60 305.00 124,396.77 1,202.26 1,202.26 527.36 527.36 158,244.83 158,244.83 184417 08/10/2017 017736 FEAST CALIFORNIA CAFE, LLC FOOD:ART OFF THE WALLS EVENTS 549.66 549.66 184418 08/10/2017 000165 FEDERAL EXPRESS INC 7/20-7/21 EXP MAIL SVCS: CLERK/LAND DEV 184419 08/10/2017 003747 FINE ARTS NETWORK 184420 08/10/2017 002982 FRANCHISE TAX BOARD 31.65 31.65 STTLMT: MONTY PYTHON'S 14,984.39 SPAMALOT 7/21-8/6 STTLMNT: "TONY SURACI" 8/5/17 3,500.70 SUPPORT PAYMENT 308.66 18,485.09 308.66 Page4 apChkLst Final Check List 08/10/2017 9:59:23AM CITY OF TEMECULA Page: 5 Bank : union UNION BANK (Continued) Check # Date Vendor Description 184421 08/10/2017 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 184422 08/10/2017 018858 FRONTIER CALIFORNIA, INC. 184423 08/10/2017 007279 GAIL MATERIALS INC 184424 08/10/2017 013076 GAUDET, YVONNE M. 184425 08/10/2017 000177 GLENNIES OFFICE PRODUCTS INC Amount Paid Check Total 150.00 150.00 AUG INTERNET SVCS:LIBRARY 7.42 AUG INTERNET SVCS:LIBRARY 7.42 AUG INTERNET SVCS:SKATE PARK 41.94 AUG INTERNET SVCS:EOC 135.00 AUG INTERNET SVCS:FIRE STN 95 122.04 313.82 BASEBALL MOUND CLAY:MIX: PBSP 6,936.76 6,936.76 TCSD INSTRUCTOR EARNINGS 571.20 571.20 MISC OFC SUPPLIES: FIRE STA. 12 482.85 482.85 184426 08/10/2017 009475 GOLDEN STAR TECHNOLOGY, CREDIT MEMO: EXCEEDED PO -546.15 INC AMOUNT GETAC T800 MINI RUGGED TABLETS: PC 58,809.70 184427 08/10/2017 019719 GOLDFIELD STAGE COMPANY, TRANSPORTATION:SUMMER DAY 702.97 MCCLINTOCK ENTERPRISE CAMP INC TRANSPORTATION:SUMMER DAY CAMP 587.94 TRANSPORTATION:SUMMER DAY CAMP 184428 08/10/2017 016552 GONZALES, MARK ALLEN TCSD INSTRUCTOR EARNINGS 184429 08/10/2017 003342 HABITAT FOR HUMANITY CDBG SUB -RECIPIENT CDBG SUB -RECIPIENT 58,263.55 3,323.13 4,614.04 360.00 360.00 2,207.23 10,000.00 12,207.23 Pages apChkLst Final Check List 08/10/2017 9:59:23AM CITY OF TEMECULA Page: 6 Bank : union UNION BANK (Continued) Check # Date Vendor 184430 08/10/2017 000186 HANKS HARDWARE INC Description MISC HARDWARE SUPPLIES: FIRE STA. 12 MAINTENANCE SUPPLIES: VAR PARKS MAINTENANCE SUPPLIES TCC MAINTENANCE SUPPLIES AQUATICS MAINTENANCE SUPPLIES CIVIC CENTE MAINTENANCE SUPPLIES CIVIC CENTE MAINTENANCE SUPPLIES AQUATICS MAINTENANCE SUPPLIES AQUATICS MAINTENANCE SUPPLIES AQUATICS MAINTENANCE SUPPLIES AQUATICS MAINTENANCE SUPPLIES CRC MAINTENANCE SUPPLIES CRC MAINTENANCE SUPPLIES CRC MAINTENANCE SUPPLIES IWTCM MAINTENANCE SUPPLIES IWTCM MAINTENANCE SUPPLIES HISTORY MU; MAINTENANCE SUPPLIES HISTORY MU; MAINTENANCE SUPPLIES OTTT MAINTENANCE SUPPLIES: VAR PARKS MAINTENANCE SUPPLIES: VAR PARKS MAINTENANCE SUPPLIES: VAR PARKS MAINTENANCE SUPPLIES:PW STREET C MAINTENANCE SUPPLIES:PW STREET C MAINTENANCE SUPPLIES:PW STREET C MAINTENANCE SUPPLIES:PW STREET C MAINTENANCE SUPPLIES CIVIC CENTE MAINTENANCE SUPPLIES CRC MAINTENANCE SUPPLIES CIVIC CENTE MAINTENANCE SUPPLIES CIVIC CENTE MAINTENANCE SUPPLIES MPSC MAINTENANCE SUPPLIES TPL MAINTENANCE SUPPLIES AQUATICS MAINTENANCE SUPPLIES AQUATICS MAINTENANCE SUPPLIES CRC MAINTENANCE SUPPLIES CRC MAINTENANCE SUPPLIES CRC MAINTENANCE SUPPLIES IWTCM MAINTENANCE SUPPLIES IWTCM MAINTENANCE SUPPLIES IWTCM MAINTENANCE SUPPLIES TCC MAINTENANCE SUPPLIES: VAR PARKS MAINTENANCE SUPPLIES: VAR PARKS MAINTENANCE SUPPLIES: VAR PARKS MAINTENANCE SUPPLIES:PW STREET C MAINTENANCE SUPPLIES:PW STREET C MAINTENANCE SUPPLIES:PW STREET C Amount Paid Check Total 153.07 27.04 26.61 7.37 15.75 109.82 49.98 8.66 35.87 43.02 13.91 3.03 95.61 23.90 24.45 21.71 10.85 14.13 1.08 3.25 13.01 19.09 38.90 141.60 -27.44 5.83 8.74 31.66 15.71 30.10 26.09 42.09 11.95 29.99 19.07 39.47 49.96 26.08 30.43 13.58 3.46 43.48 31.53 10.64 40.23 22.39 Page6 apChkLst Final Check List 08/10/2017 9:59:23AM CITY OF TEMECULA Page: 7 Bank : union UNION BANK (Continued) Check # Date Vendor 184431 08/10/2017 006250 HAZ MAT TRANS INC Description Amount Paid Check Total MAINTENANCE SUPPLIES:PW STREET C 93.40 MAINTENANCE SUPPLIES:PW STREET C -1.18 MAINTENANCE SUPPLIES CIVIC CENTE 41.29 1,540.26 HAZ MAT DISPOSAL SERVICE: PW 3,335.73 3,335.73 MAINT 184432 08/10/2017 000520 HDL COREN & CONE INC CAFR 2016-17: TEMECULA FINANCE 645.00 645.00 DEPT 184433 08/10/2017 010210 HOME DEPOT SUPPLY INC, SUPPLIES: SAFETY TRAILER 116.71 THE CPR PROGRAM: MEDICS 288.49 405.20 184434 08/10/2017 003198 HOME DEPOT, THE MAINT SUPPLIES: CIVIC CTR 88.78 MAINT SUPPLIES: CIVIC CTR 93.70 MAINT SUPPLIES: CIVIC CTR 54.86 237.34 184435 08/10/2017 001407 INTER VALLEY POOL SUPPLY POOL CHEMICAL SUPPLIES: VAR 915.78 INC POOLS POOL CHEMICAL SUPPLIES: VAR POOLE 452.35 POOL CHEMICAL SUPPLIES: VAR POOLE 541.28 1,909.41 184436 08/10/2017 012883 JACOB'S HOUSE INC EMPLOYEE CHARITY DONATIONS 40.00 40.00 PAYMENT 184437 08/10/2017 012285 JOHNSTONE SUPPLY MAINTENANCE SUPPLIES: LIBRARY 599.89 599.89 184438 08/10/2017 019508 LARRY WALKER ASSOCIATES, JUN ENVIRON COMPLIANCE SVCS: 1,493.75 1,493.75 INC. NPDES 184439 08/10/2017 011022 LATITUDE GEOGRAPHICS GEOCORTEX ESSENTIALS MAINT:GIS GROUP LTD 184440 08/10/2017 003726 LIFE ASSIST INC EMERGENCY MEDICAL SUPPLIES: STA. 84 EMERGENCY MEDICAL SUPPLIES: STA. EMERGENCY MEDICAL SUPPLIES: STA. EMERGENCY MEDICAL SUPPLIES: STA. EMERGENCY MEDICAL SUPPLIES: STA. EMERGENCY MEDICAL SUPPLIES: STA. 184441 08/10/2017 011145 LODATO, JILL CHRISTINE TCSD INSTRUCTOR EARNINGS 3,700.00 3,700.00 925.73 3,263.19 2.37 98.14 1,481.78 3,915.00 9,686.21 1,095.15 1,095.15 184442 08/10/2017 014392 MC COLLOUGH, JILL DENISE JUL PLANTSCAPE SRVCS: LIBRARY 200.00 JUL PLANTSCAPE SRVCS:CIVIC CTR 500.00 700.00 184443 08/10/2017 000944 MCCAIN TRAFFIC SUPPLY INC TRAFFIC SIGNAL REPAIRS: PW 4,794.59 4,794.59 Page:7 apChkLst Final Check List 08/10/2017 9:59:23AM CITY OF TEMECULA Page: 8 Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 184444 08/10/2017 015959 MEHEULA MUSIC Contacted Temecula Presents Presenter 10,000.00 10,000.00 PRODUCTIONS 184445 08/10/2017 018314 MICHAEL BAKER INT'L INC. 5/1-7/2 PLAN REV SUPPORT: PW06-09 4,312.32 4,312.32 184446 08/10/2017 001868 MIYAMOTO-JURKOSKY, SUSAN TCSD INSTRUCTOR EARNINGS 269.50 269.50 ANN 184447 08/10/2017 016445 MKB PRINTING & BUSINESS CARDS: CLEMENTS & 97.98 97.98 PROMOTIONAL INC KODANI 184448 08/10/2017 004586 MOORE FENCE COMPANY INC install vinyl fence parts:various parks 770.68 770.68 184449 08/10/2017 004040 MORAMARCO, ANTHONY J. 184450 08/10/2017 001323 NESTLE WATERS NORTH AMERICA TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS 6/23-7/22/17 DELIV. DRINKING WATER: PBSP 6/23-7/22/17 DELIV. DRINKING WATER: Cl 6/23-7/22/17 DELIV. DRINKING WATER: T\ 6/23-7/22/17 DELIV. DRINKING WATER: T( 6/23-7/22/17 DELIV. DRINKING WATER: TE 6/23-7/22/17 DELIV. DRINKING WATER: M 6/23-7/22/17 DELIV. DRINKING WATER: TE 6/23-7/22/17 DELIV. DRINKING WATER: T\ 6/23-7/22 DELIV DRINKING WTR: SKATE I 6/23-7/22/17 DELIV. DRINKING WATER: F( 6/23-7/22/17 DELIV. DRINKING WATER: 0 6/23-7/22/17 DELIV. DRINKING WATER: CI 6/23-7/22/17 DELIV. DRINKING WATER: IV 184451 08/10/2017 019839 O'CONNOR, DENISE TCSD INSTRUCTOR EARNINGS 63.00 2,205.00 441.00 77.00 1,680.00 47.20 27.32 29.87 24.04 74.25 26.85 142.82 47.64 6.45 150.22 37.73 171.06 28.42 4,466.00 813.87 70.00 70.00 184452 08/10/2017 003964 OFFICE DEPOT BUSINESS SVS OFFICE SUPPLIES: HR 26.96 DIV 184453 08/10/2017 002105 OLD TOWN TIRE & SERVICE OFFICE SUPPLIES: HR CREDIT/OFFICE SUPPLIES:HR CREDIT/OFFICE SUPPLIES:HR CITY VEHICLE MAINT SVCS:PW PARKS MAI NT CITY VEHICLE MAINT SVCS:PW PARKS F CITY VEHICLE MAINT SVCS:PW PARKS F CITY VEHICLE MAINT SVCS:PW PARKS F CITY VEHICLE MAINT SVCS:PW PARKS F 63.49 -15.98 -47.51 66.87 177.25 1,071.53 48.01 711.54 26.96 2,075.20 Page:8 apChkLst Final Check List 08/10/2017 9:59:23AM CITY OF TEMECULA Page: 9 Bank : union UNION BANK (Continued) Check # Date Vendor Description 184454 08/10/2017 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE MAINT SVCS:PW PARKS MAINT 184455 08/10/2017 019334 PARK CONSULTING GROUP, JUL CONSULTING & ENTERPRISE INC SRVCS:I.T. 184456 08/10/2017 004605 PERSONAL TOUCH CATERING DEPOSIT:COMMISSION RECOGN. 9/7/17 184457 08/10/2017 017431 PLIC - SBD GRAND ISLAND DENTAL INSURANCE PAYMENT Amount Paid Check Total 743.71 743.71 3,315.00 3,315.00 1,194.21 1,194.21 10,285.35 10,285.35 184458 08/10/2017 010338 POOL & ELECTRICAL CHEMICALS AND SUPPLIES: VAR 417.21 417.21 PRODUCTS INC POOLS 184459 08/10/2017 005820 PRE -PAID LEGAL SERVICES PREPAID LEGAL SERVICES PAYMENT INC 184460 08/10/2017 000254 PRESS ENTERPRISE COMPANY INC 184461 08/10/2017 019015 PROJECT RADIAN 6/25-30 SUBSCR:PLNG 180905646 7/1-31 SUBSCR:PLNG 180905646 TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS 184462 08/10/2017 020106 RANCHO HEIGHTS ROAD & REFUND:SEC DEP:RM RENTAL:CONF CTR A/B 342.85 342.85 10.70 42.82 53.52 1,764.00 1,764.00 3,528.00 200.00 200.00 184463 08/10/2017 000947 RANCHO REPROGRAPHICS BLUEPRINTS:MARG. RD. PAVEMENT 35.24 35.24 REHAB 184464 08/10/2017 003591 RENES COMMERCIAL WEED ABATEMENT SRVCS:DIAZ CITY MANAGEMENT LOT 184465 08/10/2017 000406 RIVERSIDE CO SHERIFFS 05/25/17-06/30/17 LAW ENFORCEMENT DEPT 184466 08/10/2017 014347 ROBERTS, PATRICIA G. TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS 184467 08/10/2017 017446 ROSE AGAIN FOUNDATION FY 17/18 (JC) COUNCIL CSF AWARD FY 17/18 (JS) COUNCIL CSF AWARD 7,500.00 7,500.00 2,718,667.59 2,718,667.59 252.00 252.00 252.00 252.00 1,000.00 1,008.00 1,000.00 2,000.00 Page9 apChkLst Final Check List 08/10/2017 9:59:23AM CITY OF TEMECULA Page: 10 Bank : union UNION BANK (Continued) Check # Date Vendor 184468 08/10/2017 004274 SAFE & SECURE LOCKSMITH Description LOCKSMITH SRVCS:CROWN HILL PARK USE TAX/LOCKSMITH SRVCS:CROWN HI LOCKSMITH SRVCS:MARG. PARK LOCKSMITH SRVCS:SKATE PARK LOCKSMITH SRVCS:VAR. PARKS LOCKSMITH SRVCS:SKATE PARK 184469 08/10/2017 009980 SANBORN, GWYNETH A. COUNTRY LIVE! @ THE MERC Amount Paid Check Total 149.97 -0.27 206.53 37.37 22.63 30.78 447.01 703.50 703.50 184470 08/10/2017 017699 SARNOWSKI, SHAWNA, M PHOTOGRAPHY:INTERN 150.00 150.00 PRESTON APPRECIATION LUNCHEON 184471 08/10/2017 018012 SAUNDERS, CATHY TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS 214.20 275.10 277.20 254.10 1,020.60 184472 08/10/2017 009213 SHERRY BERRY MUSIC JAZZ @ THE MERC 8/3/17 483.00 483.00 184473 08/10/2017 009746 SIGNS BY TOMORROW 184474 08/10/2017 000645 SMART & FINAL INC USE TAX/PUBLIC NTCS -4.00 POSTING:PW/PECHANGA PUBLIC NTCS POSTING: PW/PECH. PKV'J 855.00 SUPPLIES & MISC. ITEMS:MPSC SUPPLIES & MISC. ITEMS:HUMAN SERV! SUPPLIES FOR EVENTS:CULTURALART: 165.71 120.60 140.09 851.00 426.40 Pagel 0 apChkLst Final Check List 08/10/2017 9:59:23AM CITY OF TEMECULA Page: 11 Bank : union UNION BANK (Continued) Check # Date Vendor 184476 08/10/2017 000537 SO CALIF EDISON Description JUL 2-29-295-3510:32211 WOLF VLY RD JUL 2-00-397-5042:43200 BUS PARK DR t JUL 2-00-397-5067:TCSD SVC LEV C JUL 2-30-220-8749:45850 N WOLF CREEK JUL 2-29-953-8447:31738 WOLF VLY RD JUL 2-29-657-2332:45538 REDWOOD RD JUL 2-31-404-6020:28771 OT FRONT ST JUL 2-28-629-0507:30600 PAUBA RD JUL 2-29-224-0173:32364 OVERLAND TRL JUL 2-19-171-8568:28300 MERCEDES ST JUL 2-18-937-3152:28314 MERCEDES ST JUL 2-14-204-1615:30027 FRONT ST RDIC JUL 2-30-520-4414:32781 TEM PKWY LS3 JUL 2-36-641-3912:27498 ENTERPRISE C JUL 2-36-641-3839:27498 ENTERPRISE C JUL 2-35-664-9053:29119 MARGARITA RD JUL 2-25-393-4681:41951 MORAGA RD JUL 2-35-403-6337:41375 MCCABE CT JUL 2-29-223-8607:42035 2ND ST PED JUL 2-29-953-8249:46497 WOLF CREEK C JUL 2-29-953-8082:31523 WOLF VLY RD JUL 2-31-536-3226:28690 MERCEDES ST JUL 2-32-903-8293:41000 MAIN ST JUL 2-35-707-0010:33451 S HWY-79 PED JUL 2-21-981-4720:30153 TEM PKWY TPP JUL 2-28-904-7706:32329 OVERLAND TRL JUL 2-29-657-2787:41638 WINCHESTER F JUL 2-29-807-1093:28079 DIAZ RD PED JUL 2-29-807-1226:28077 DIAZ RD PED JUL2-31-031-2616:27991 DIAZ RD PED JUL 2-31-282-0665:27407 DIAZ RD PED JUL 2-31-536-3481:41902 MAIN ST JUL 2-31-536-3655:41904 MAIN ST JUL 2-31-419-2873:43000 HWY-395 JUL 2-34-333-3589:41702 MAIN ST JUL 2-02-351-4946:41845 6TH ST JUL 2-31-912-7494:28690 MERCEDES ST JUL 2-29-933-3831:43230 BUS PARK DR 184477 08/10/2017 001212 SO CALIF GAS COMPANY JUL 091-085-1632-0:41951 MORAGA/POOL 184478 08/10/2017 012652 SOUTHERN CALIFORNIA AUG GEN USAG::0141,0839,2593,9306 184482 08/10/2017 007762 STANDARD INSURANCE BASIC LIFE INSURANCE PAYMENT COMPANY Amount Paid Check Total 2,191.98 5,663.53 2,111.99 404.80 24.45 24.78 1,021.45 13,440.39 2,603.38 652.14 1,368.15 62.45 1,087.00 25.05 27.93 1,084.27 772.74 1,468.17 657.53 27.22 27.99 2,055.65 25,503.88 51.27 19.03 134.63 25.69 26.29 25.01 26.48 26.29 152.10 773.67 25.69 26.72 2,685.17 1,278.01 2,909.12 70,492.09 109.53 109.53 566.81 566.81 7,952.87 7,952.87 Page:11 apChkLst 08/10/2017 9:59:23AM Final Check List CITY OF TEMECULA Page: 12 Bank : union UNION BANK (Continued) Check # Date Vendor 184483 08/10/2017 012723 STANDARD INSURANCE COMPANY 184484 08/10/2017 014665 STAR WAY SYSTEMS CORPORATION 184485 08/10/2017 015648 STEIN, ANDREW 184486 08/10/2017 016262 STEVE ADAMIAK GOLF INSTRUCTION 184487 08/10/2017 007698 SWANK MOTIONS PICTURES, INC. 184488 08/10/2017 013387 SWEEPING UNLIMITED INC 184489 08/10/2017 003599 TY LIN INTERNATIONAL 184490 08/10/2017 001547 TEAMSTERS LOCAL 911 184491 08/10/2017 017295 TEMECULA PIZZA FACTORY 184492 08/10/2017 000306 TEMECULA VALLEY PIPE & SUPPLY 184493 08/10/2017 003941 TEMECULA WINNELSON COMPANY 184494 08/10/2017 017415 THYSSENKRUPP ELEVATOR CORP 184495 08/10/2017 016311 TIERCE, NICHOLAS 184496 08/10/2017 010276 TIME WARNER CABLE 184497 08/10/2017 017430 TRANSAMERICA LIFE INSURANCE CO 184498 08/10/2017 000278 TRONC, INC. Description VOLUNTARY SUPP LIFE INSURANCE PAYMENT INSTALLAMPLIFIER: OLD TOWN 3/17 MISC SUPPLIES:4TH OF JULY TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS MOVIE RENTAL:MOVIES IN THE PARK 7/28 JUL SWEEPING SRVCS: PARKING GARAGE 5/27-6/30 CONSULT SRVCS:F.V.PKWY/I-15 UNION DUES PAYMENT REFRESHMENTS:CRC TEEN ZONE EVENT REFRESHMENTS:CRC TEEN GYM EVEN' IRRIG & PLUMBING SUPPLIES:VAR PARKS PLUMBING SUPPLIES: LIBRARY PLUMBING SUPPLIES: VARIOUS PARKS JUL-SEPT ELEVATOR MAI NT SRVCS:CITY FACS GRAPHIC DESIGN SRVCS:THEATER AUG HIGH SPEED INTERNET:LIBRARY TRANSAMERICA ACCIDENT ADVANTAG PAYMENT JUN PUBLIC NTCADS:PW/PLNG/CITY CLERK CREDIT:BILLING ADJ./CITY CLERK Amount Paid Check Total 878.06 2,337.17 1,074.29 504.00 672.00 411.25 678.00 540.00 124,579.09 5,154.00 112.99 90.69 37.16 308.32 65.43 5,049.00 2,205.00 593.32 3,066.68 4,649.35 878.06 2,337.17 1,074.29 1,587.25 678.00 540.00 124,579.09 5,154.00 203.68 37.16 373.75 5,049.00 2,205.00 593.32 3,066.68 -1,121.82 3,527.53 Page:12 apChkLst Final Check List 08/10/2017 9:59:23AM CITY OF TEMECULA Page: 13 Bank : union UNION BANK (Continued) Check # Date Vendor Description 184499 08/10/2017 000278 TRONC, INC. ANN'LSUBSCR-8/29/18: FINANCE 47545664 184500 08/10/2017 009709 U H S OF RANCHO SPRINGS, JUN ASSAULT EXAMS:POLICE INC 184501 08/10/2017 017579 U.S. HEALTHWORKS MEDICAL PRE EMPLOY DRUG SCREENINGS:HR CREDIT:BILLING ADJ./HR PRE-EMPLOYMENT SCREENINGS: HR 184502 08/10/2017 018995 VILLANUEVA, CHRISTOPHER TCSD INSTRUCTOR EARNINGS 184503 08/10/2017 007987 WALMART Amount Paid Check Total 311.42 311.42 1,800.00 1,800.00 315.00 -99.00 520.00 736.00 1,417.50 1,417.50 SUPPLIES:PPW 121.27 SUPPLIES:MPSC POOL TOURNAMENT 184504 08/10/2017 003730 WEST COASTARBORISTS INC PALM TREE TRIMMINGS: TVE2 7/1-15 TREE MAINT SRVCS:PARKS & MEI 7/1-15 TREE TRIMMING SRVCS:HARVES- 7/1-15 TREE TRIMMINGS: ROW TREES 6/27-28 TREE TRIMS & REMOVALS: MPS( 1001774 08/04/2017 019873 CARVER, KAREN 1001775 08/04/2017 019873 CARVER, KAREN 1001776 08/04/2017 020108 DANCHO, JENNIFER 1001777 08/04/2017 020108 DANCHO, JENNIFER 1001778 08/04/2017 020117 DAVIS, TERI 1001779 08/04/2017 020118 GIBBS, JENNIFER 1001780 08/04/2017 020109 HRBC INSURANCE 50.00 171.27 675.00 23,242.00 890.00 6,688.00 1,830.00 33, 325.00 REFUND:SUMMER DAY CAMP 0410.205 20.00 20.00 REFUND:SUMMER DAY CAMP 0410.205 188.00 188.00 REFUND:SUMMER DAY CAMP 0410.205 20.00 20.00 REFUND:SUMMER DAY CAMP 0410.205 188.00 188.00 REFUND:SOFTBALL CONDITIONING & 64.00 64.00 AGILITY REFUND:SWEETTREATS BAKING 80.00 80.00 CAMP REFUND:SEC DEP:RM RENTAL:TCC 200.00 200.00 1001781 08/04/2017 019959 HUFFORD, KRISTEN REFUND:SEC DEP:PICNIC RENTAL:RRSP 1001782 08/04/2017 020110 KEYSER, CIARA REFUND:MOTHER & SON DATE NIGHT 1001783 08/04/2017 020119 MAIRHOFER, NEALA REFUND:BEAR CUB UNIV 4005.202 200.00 200.00 12.00 12.00 501.60 501.60 Page:13 apChkLst Final Check List 08/10/2017 9:59:23AM CITY OF TEMECULA Page: 14 Bank : union UNION BANK (Continued) Check # Date Vendor Description 1001784 08/04/2017 020120 MANN, SHAWN REFUND:MULTISPORT CAMP 2315.205 Amount Paid Check Total 80.00 80.00 1001785 08/04/2017 020111 MARSHALL, NANCY REFUND:SEC 200.00 200.00 DEP:AMPHITHEATER:CRC 1001786 08/04/2017 020121 MAYR, MARIA 1001787 08/04/2017 020112 MCLEARY, KERRY 1001788 08/04/2017 020122 MORA, ANTONIO 1001789 08/04/2017 020123 PAREKH, ANJALI 1001790 08/04/2017 020113 PERRY, BETHANIE 1001791 08/04/2017 020114 SCHAUL, CASEY 1001792 08/04/2017 020115 THORNTON, YULIA REFUND:GEARS 2 ROBOTS 2635.202 96.00 96.00 REFUND:MULTISPORT CAMP 2315.205 80.00 80.00 REFUND:MULTISPORT CAMP 2315.205 80.00 80.00 REFUND:JR SPORTS 3-4 YRS 2205.205 105.00 105.00 REFUND:LEVEL 5/6 SWIM LESSONS 36.00 36.00 REFUND:SCUBA DIVING LESSONS 120.00 120.00 3805.203 REFUND:SUMMER DAY CAMP 0400.205 20.00 20.00 1001793 08/04/2017 020115 THORNTON, YULIA REFUND:SUMMER DAY CAMP 0400.205 1001794 08/04/2017 020124 WEST, BRIANNA REFUND:MISS CATHY'S TINY TOTS 1040.204 250.00 250.00 156.00 156.00 1001795 08/04/2017 020124 WEST, BRIANNA REFUND:MISS CATHY'S TINY TOTS 144.00 144.00 1040.207 1001796 08/04/2017 020116 WITTENBERG, JOSIE REFUND:SEC DEP:RM RENTAL:TCC 200.00 200.00 Grand total for UNION BANK: 3,946,428.28 Page:14 apChkLst 08/10/2017 9:59:23AM Final Check List CITY OF TEMECULA Page: 15 159 checks in this report. Grand Total All Checks: 3,946,428.28 Page:15 apChkLst Final Check List 08/17/2017 8:53:49AM CITY OF TEMECULA Page: 1 Bank : union UNION BANK Check # Date Vendor Description 3471 08/15/2017 000621 WESTERN RIVERSIDE JULY 2017 TUMF PAYMENT COUNCI L OF 3472 08/17/2017 007282 AMAZON.COM, INC 184505 08/17/2017 004594 2 HOT UNIFORMS INC 184506 08/17/2017 004422 AMERICAN BATTERY CORPORATION 184507 08/17/2017 000101 APPLE ONE INC 184508 08/17/2017 004623 AQUA SOURCE INC Amount Paid Check Total 290,216.40 290,216.40 SUPPLIES:SUMMER DAY CAMP 57.07 SUPPLIES:SUMMER DAY CAMP 45.42 BOOKS/COLLECTIONS: LI BRARY 66.77 PLOTTER PRINTHEAD:CENTRAL SVCS 355.00 524.26 ACTIVEWEAR & UNIFORMS: MEDICS 883.33 883.33 CREDIT MEMO: OVERPAID INV# -2.00 T64294 TRAFFIC SIGNAL EQUIP 49.89 47.89 JUL TEMP STAFF SVCS: CITY CLERK & 9,679.84 9,679.84 HR CHLORINE TABLETS: TES POOL 1,802.75 1,802.75 184509 08/17/2017 018941 AZTEC LANDSCAPING, INC. JUL RESTROOMS:SHELTERS MAINT: VAR PARKS 184510 08/17/2017 007065 B & H PHOTO VIDEO INC 184511 08/17/2017 015592 BAMM PROMOTIONAL PRODUCTS, INC 184512 08/17/2017 014293 BIBLIOTHECA ITG, LLC 7,518.35 7,518.35 MISC AUDIO/VISUAL SUPPLIES 274.35 MISC AUDIO/VISUAL SUPPLIES 841.33 CREDIT: DOUBLE PAYMENT -1,135.82 misc A/V production equip:PEG supplies 69.99 AWARDS:SPORTS 3,933.95 AWARDS:SPORTS 784.42 SELF SVC CHECKOUT SYSTEM: 16,030.59 LIBRARY 184513 08/17/2017 003455 BROADCAST MUSIC INC music license copywright 184514 08/17/2017 017813 BUXTON COMPANY CONSULTANT AGREEMENT: ECON DEV 49.85 4,718.37 16,030.59 818.00 818.00 25,000.00 25,000.00 184515 08/17/2017 003138 CAL MAT ASPHALT PURCH:PW STREET MAINT 132.03 ASPHALT PURCH:PW STREET MAINT 470.80 184516 08/17/2017 000924 CALIF ASSOC OF PUBLIC REGIST: TRAINING CONFERENCE: 395.00 VOLLMUTH, 184517 08/17/2017 001054 CALIF BUILDING OFFICIALS CALBO TRAINING:B&S DEPT Calbo Training: Bldg Inspectors Calbo Training: Bldg Inspectors 780.00 390.00 1,755.00 602.83 395.00 2,925.00 Pagel apChkLst Final Check List 08/17/2017 8:53:49AM CITY OF TEMECULA Page: 2 Bank : union UNION BANK (Continued) Check # Date Vendor Description 184518 08/17/2017 019878 CERTIFIED ACCESS MEMBERSHIP: CLEMENTS, BRIAN SPECIALIST Amount Paid Check Total 150.00 150.00 184519 08/17/2017 009640 CERTIFION CORPORATION AUG ONLINE DATABASE 162.99 162.99 SUBSCRIPTION:PD 184520 08/17/2017 018956 CHANNING BETE COMPANY CPR CLASS SUPPLIES: MEDICS 692.19 692.19 INC 184521 08/17/2017 018719 CM SCHOOL SUPPLY INC SUPPLIES:PPW 148.99 148.99 184522 08/17/2017 017429 COBRA ADVANTAGE INC., DBA: JUL 17 FLEX PROCESSING FEES 526.50 526.50 FLEX ADVANTAGE 184523 08/17/2017 000442 COMPUTER ALERT SYSTEMS JUL-SEP ALARM SYS MONITORING: 5,775.00 5,775.00 MAINT FAC 184524 08/17/2017 002945 CONSOLIDATED ELECTRICAL ELECTRICAL SUPPLIES: VAR PARKS 373.97 373.97 DIST. 184525 08/17/2017 011922 CORELOGIC, INC. JUL PROPERTY ID SFTWR: CODE 246.00 246.00 ENFORCEMENT 184526 08/17/2017 001264 COSTCO TEMECULA #491 OFFICE SUPPLIES:INFO TECH 184527 08/17/2017 004329 COSTCO TEMECULA #491 RFRSHMNTS:MRC COMMUNITY WORKSHOP 184528 08/17/2017 010650 CRAFTSMEN PLUMBING & HVAC INC LIGHT POLE IMPROVEMENTS: OLD TOWN REHAB PLUMBING SVCS: RRSP APPLIANCE REPAIR: MPSC SWAMP COOLER REMOVE/REPLACE:MF HVAC PREV MAINT: MPSC PLUMBING REPAIR: RRSP SKATE PARK PLUMBING REPAIR: SAM HICKS PARK 184529 08/17/2017 003272 DAISY WHEEL RIBBON CO.,INC PLOTTER PAPER & INK:GIS DBA 184530 08/17/2017 001393 DATA TICKET, INC. JUL 17 PARKING CITATION PROCESSING:PD 51.65 51.65 178.86 178.86 21,200.00 2,200.00 381.00 2,600.00 340.00 540.00 310.00 580.73 27,571.00 580.73 882.03 882.03 Page2 apChkLst 08/17/2017 8:53:49AM Final Check List CITY OF TEMECULA Page: 3 Bank : union UNION BANK (Continued) Check # Date Vendor 184531 08/17/2017 003945 DIAMOND ENVIRONMENTAL SRVCS 184532 08/17/2017 004192 DOWNS ENERGY FUEL& LUBRICANTS 184533 08/17/2017 008532 DREAMSHAPERS 184534 08/17/2017 002390 EASTERN MUNICIPAL WATER DIST 184535 08/17/2017 015090 EVAPCO PRODUCTS, INC. 184536 08/17/2017 012170 E -Z UP DIRECT.COM, LLC 184537 08/17/2017 000165 FEDERAL EXPRESS INC 184538 08/17/2017 018858 FRONTIER CALIFORNIA, INC. 184539 08/17/2017 001937 GALLS, LLC Description PORTABLE RESTROOMS, 4TH OF JULY EVENT PORTABLE RESTROOMS, 4TH OF JULY E PORTABLE RESTROOMS, 4TH OF JULY E PORTABLE RESTROOMS, 4TH OF JULY E PORTABLE RESTROOM RENTALS: VAIL F PORTABLE RESTROOM RENTALS: LONG PORTABLE RESTROOM RENTALS: LASE PORTABLE RESTROOM RENTALS: RIVEF FUEL FOR CITY VEHICLES: PUBLIC WORKS FUEL FOR CITY VEHICLES: PUBLIC WOF FUEL FOR CITY VEHICLES: PUBLIC WOF FUEL FOR CITY VEHICLES: PLANNING & FUEL FOR CITY VEHICLES: BLDG & SAFE FUEL FOR CITY VEHICLES: POLICE DEP' FUEL FOR CITY VEHICLES: PUBLIC WOF FUEL FOR CITY VEHICLES: PUBLIC WOF FUEL FOR CITY VEHICLES: TCSD FUEL FOR CITY VEHICLES: TCSD PERFORMANCE:CULTURE QUEST CAMP JUL WATER METER:32131 S LOOP RD DCDA JUL 32131 WATER METER:S LOOP RD BL JUL WATER METER:32131 S LOOP RD LE JUL CONDENSER H2O SYS MAINT: CIVIC CTR SHADE CANOPIES:AQUATICS CANOPIES AND SIDES: JULY 4TH 7/27 EXP MAIL SVCS: PUBLIC WORKS AUG INTERNET SVCS:C. MUSEUM, GIFT SHOP AUG INTERNET SVCS:EXT DMV INET LIN equip: police volunteers 184540 08/17/2017 012066 GEOCON WEST, INC GEOTECH TESTING: PAVEMENT REHAB: MARGARI Amount Paid Check Total 2,906.00 938.29 307.36 6,680.35 55.96 55.96 55.96 55.96 306.98 171.07 63.11 179.16 173.44 42.83 752.76 646.88 419.33 31.70 490.00 46.60 111.37 320.00 583.50 27.99 4,994.22 18.82 126.98 107.84 6.54 11,055.84 2,787.26 490.00 477.97 583.50 5,022.21 18.82 234.82 6.54 2,835.00 2,835.00 Page3 apChkLst Final Check List 08/17/2017 8:53:49AM CITY OF TEMECULA Page: 4 Bank : union UNION BANK (Continued) Check # Date Vendor 184541 08/17/2017 000177 GLENNIES OFFICE PRODUCTS INC 184542 08/17/2017 019719 GOLDFIELD STAGE COMPANY, MCCLINTOCK ENTERPRISE INC Description Amount Paid Check Total Office supplies: Bldg & Safety 16.70 Office Supplies: Planning MISC. OFFICE SUPPLIES: WORKFORCE CUSTOM STAMPS - PREVENTION MISC. OFFICE SUPPLIES: CITY CLERK MISC. OFFICE SUPPLIES: WORKFORCE MISC. OFFICE SUPPLIES: WORKFORCE MISC OFC SUPPLIES: AQUATICS MISC OFC SUPPLIES:CENTRAL SVCS MISC. OFFICE SUPPLIES: WORKFORCE TRANSP: SUMMER DAY CAMP 52.04 76.77 90.74 23.53 20.66 69.10 19.89 37.39 162.48 569.30 702.97 702.97 184543 08/17/2017 003792 GRAINGER SAFETY SUPPLIES: PW STREET 327.02 327.02 MAINT DIV 184544 08/17/2017 000186 HANKS HARDWARE INC 184545 08/17/2017 000186 HANKS HARDWARE INC MAINTENANCE SUPPLIES: VAR PARKS 26.84 MAINTENANCE SUPPLIES: VAR PARKS 55.51 MAINTENANCE SUPPLIES: VAR PARKS 34.78 MAINTENANCE SUPPLIES: VAR PARKS 78.26 MAINTENANCE SUPPLIES: VAR PARKS 32.28 MAINTENANCE SUPPLIES: VAR PARKS 42.38 MISC MAI NT. SUPPLIES: TVM MISC MAI NT. SUPPLIES:TVM MAINT SUPPLIES: TVM MAINT SUPPLIES: TVM 184546 08/17/2017 000186 HANKS HARDWARE INC HARDWARE SUPPLIES - PREVENTION HARDWARE SUPPLIES - STA 84 270.05 14.13 76.11 22.60 13.90 126.74 41.50 54.49 95.99 184547 08/17/2017 000186 HANKS HARDWARE INC MISC MAI NT. SUPPLIES: TVM : IWTCM 7.06 MISC MAI NT. SUPPLIES: IWTCM 43.47 50.53 184548 08/17/2017 000186 HANKS HARDWARE INC MAINTENANCE SUPPLIES:PW STREET 32.56 32.56 DIV 184549 08/17/2017 000186 HANKS HARDWARE INC MISC MAI NT. SUPPLIES: OTTT 184550 08/17/2017 000186 HANKS HARDWARE INC MISC MAI NT. SUPPLIES: OTTT 29.30 3.24 MISC MAI NT. SUPPLIES: CIVIC CTR 14.40 MISC MAI NT. SUPPLIES: CIVIC CTR 22.79 MISC MAI NT. SUPPLIES: CIVIC CTR 0.52 184551 08/17/2017 000186 HANKS HARDWARE INC Misc. hardware supplies: Code 32.54 37.71 16.30 16.30 Page4 apChkLst Final Check List 08/17/2017 8:53:49AM CITY OF TEMECULA Page: 5 Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 184552 08/17/2017 000186 HANKS HARDWARE INC MISC MAI NT. SUPPLIES: AQUATICS 9.40 9.40 184553 08/17/2017 020130 HOMESMART REAL ESTATE REFUND:SEC DEP:RM RENTAL:CONF CTR A/B 184554 08/17/2017 019315 HOPE LUTHERAN CHURCH FINAL PMT: UTILITY UNDERGROUNDING 184555 08/17/2017 020138 HORIZON UNDERGROUND INC FINAL PMT: UTILITY UNDERGROUNDING 184556 08/17/2017 016564 IMPACT TELECOM JUL 800 SERVICES:CIVIC CENTER 112.50 112.50 22,194.27 22,194.27 24,530.50 24,530.50 56.75 56.75 184557 08/17/2017 001407 INTER VALLEY POOL SUPPLY POOL CHEMICAL SUPPLIES: VAR 447.75 447.75 INC POOLS 184558 08/17/2017 020129 JOHNSON, MARCIA REFUND:RETURNED LOST 16.99 16.99 MATERIALS:LIBRARY 184559 08/17/2017 000488 KNOTTS BERRY FARM EXCURSION:SUMMER DAY CAMP 5,399.00 5,399.00 184560 08/17/2017 012370 LEADER PROMOTIONS INC SUPPLIES:CRC EVENTS 322.41 322.41 184561 08/17/2017 019884 LEONIDA BUILDERS, INC. OLD TOWN SIDEWALK 203,040.65 203,040.65 IMPROVEMENTS: PW15-06 184562 08/17/2017 003726 LIFE ASSIST INC EMERGENCY MEDICAL 694.50 694.50 EQUIP/S:MEDICS 184563 08/17/2017 011351 LUCITY, INC SFTWRANN'LMAI NT: 8/1/17-7/31/18 15,629.99 15,629.99 184564 08/17/2017 012364 MASTERS, TRACY REIMB: RFSHMNTS: MRC COMMUNITY 235.73 235.73 WORKSHOP 184565 08/17/2017 017427 MATCHETT, VIVIAN TCSD INSTRUCTOR EARNINGS 364.00 364.00 184566 08/17/2017 014392 MC COLLOUGH, JILL DENISE AUG PLANTSCAPE SRVCS: LIBRARY 200.00 AUG PLANTSCAPE SVCS:CIVIC CTR 500.00 700.00 184567 08/17/2017 004043 MISSION ELECTRIC SUPPLY, ELECTRICAL SUPPLIES: VAR PARKS 200.76 200.76 INC 184568 08/17/2017 016445 MKB PRINTING & BUSINESS CARDS:TEMECULA POLICE 246.24 246.24 PROMOTIONAL INC Pages apChkLst 08/17/2017 8:53:49AM Final Check List CITY OF TEMECULA Page: 6 Bank : union UNION BANK (Continued) Check # Date Vendor 184569 08/17/2017 004040 MORAMARCO, ANTHONY J. 184570 08/17/2017 017089 MORRIS-HOPKINS, BROOKE 184571 08/17/2017 019019 MUSIC CONNECTION LLC 184572 08/17/2017 002925 NAPA AUTO PARTS 184573 08/17/2017 010167 ODYSSEY POWER CORPORATION 184574 08/17/2017 003964 OFFICE DEPOT BUSINESS SVS DIV 184575 08/17/2017 002105 OLD TOWN TIRE & SERVICE 184576 08/17/2017 002105 OLD TOWN TIRE & SERVICE 184577 08/17/2017 002105 OLD TOWN TIRE & SERVICE 184578 08/17/2017 011737 PERLMUTTER PURCHASING POWER 184579 08/17/2017 010338 POOL& ELECTRICAL PRODUCTS INC Description TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS STTLMNT: "SPEAKEASY AT THE MERC" 7/8/17 AUTO PARTS & MISC SUPPLIES: STA84 AUTO PARTS & MISC SUPPLIES: STA84 FY 17/18 UPS PREV MAINT:LIBRARY FY 17/18 UPS PREV MAINT:CITY HALL OFFICE SUPPLIES: HR OFFICE SUPPLIES: HR CREDIT:OFFICE SUPPLIES/HR OFFICE SUPPLIES: FINANCE OFFICE SUPPLIES: FINANCE CITY VEHICLE MAINT SVCS:PARK RANGER CITY VEHICLE MAINT SVCS:FIRE PREV CITY VEHICLE MAINT SVCS:FIRE PREV CITY VEHICLE MAINT SVCS:BLDG & SAFETY EQUIP PURCH:TEMECULA POLICE DEPT CHEMICAL SUPPLIES:SPLASH PAD, POOLS CHEMICAL SUPPLIES: AQUATICS CHEMICAL SUPPLIES:SPLASH PAD, POC CHEMICALSUPPLIES:SPLASH PAD, POC CHEMICALSUPPLIES:SPLASH PAD, POC CHEMICALSUPPLIES:SPLASH PAD, POC CHEMICAL SUPPLIES:SPLASH PAD, POC CHEMICALS AND SUPPLIES: VAR POOL: CHEMICALS AND SUPPLIES: VAR POOL: CHEMICALS AND SUPPLIES: VAR POOL: CREDIT:CHEMICAL SUPPLIES/AQUATIC CHEMICAL SUPPLIES:SPLASH PAD, POC CHEMICALSUPPLIES:SPLASH PAD, POC CHEMICAL SUPPLIES:SPLASH PAD, POC Amount Paid Check Total 2,768.50 6,217.05 457.80 68.50 72.29 1,178.75 2,530.00 122.14 119.61 -186.73 64.00 124.96 1,133.81 52.99 193.85 41.93 1,348.50 112.60 412.60 134.54 191.57 162.37 159.72 7.17 81.68 126.36 75.29 -412.60 241.82 104.30 67.27 2,768.50 6,217.05 457.80 140.79 3,708.75 243.98 1,133.81 246.84 41.93 1,348.50 1,464.69 Pages apChkLst 08/17/2017 8:53:49AM Final Check List CITY OF TEMECULA Page: 7 Bank : union UNION BANK (Continued) Check # Date Vendor 184580 08/17/2017 012904 PROACTIVE FIRE DESIGN 184581 08/17/2017 019015 PROJECT RADIAN 184582 08/17/2017 009623 PUBLIC AGENCY RISK MANAGERS 184583 08/17/2017 010281 RAINBOW RACING SYSTEM INC 184584 08/17/2017 000262 RANCHO CALIF WATER DISTRICT 184585 08/17/2017 014311 RMSJ, INC. 184586 08/17/2017 014347 ROBERTS, PATRICIA G. 184587 08/17/2017 004274 SAFE & SECURE LOCKSMITH 184588 08/17/2017 017699 SARNOWSKI, SHAWNA, M PRESTON 184589 08/17/2017 009213 SHERRY BERRY MUSIC 184590 08/17/2017 013695 SHRED -IT US JV, LLC 184591 08/17/2017 000645 SMART & FINAL INC 184592 08/17/2017 000824 SO CALIF ASSN OF GOVERNMENTS Description JUL PLAN REVIEW SRVC: FIRE PREVENTION TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS ANN'L MEMBERSHIP DUES:R. CARDENAS RACING BIBS:FIT COLOR RUN JUL VAR WATER METERS:TCSD SVC LEV C JUL VAR WATER METERS:28640 PUJOL JUL VAR WATER METERS:PW VAR SITE JUL VAR WATER METERS:PW FAC JUL VAR WATER METERS:PW OLD TOM JUL VAR WATER METERS:PW CIP JUL VAR WATER METERS:PW CIP JUL VAR WATER METERS:PW MAINT JUL VAR WATER METERS:PWJRC JUL VAR WATER METERS:FIRE STNS JUL VAR WATER METERS:PW MAINT MARATHON MOTOR W/PUMP: AQUATICS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS LOCKSMITH SRVCS: VARIOUS PARKS PHOTOGRAPHY SRVCS:CITY COUNCIL AUG '17 PHOTOGRAPHY SRVCS:MRC JAZZ @ THE MERC 8/10 & 8/11 6/22&28,7/11, DOC SHRED SRVCS:RCRDS SUPPLIES & MISC ITEMS:HUMAN SERVICES REC SUPPLIES:CRC FY 17/18 AGENCY MEMBERSHIP DUES Amount Paid Check Total 10,022.85 1,596.00 756.00 150.00 146.00 61,902.93 10.81 1,033.90 4,269.37 1,173.28 464.49 61.02 175.85 134.36 828.64 2,875.60 3,309.75 252.00 252.00 210.00 210.00 236.63 150.00 150.00 957.00 118.31 72.30 113.53 10,430.00 10,022.85 2,352.00 150.00 146.00 72,930.25 3,309.75 924.00 236.63 300.00 957.00 118.31 185.83 10,430.00 Page:7 apChkLst Final Check List 08/17/2017 8:53:49AM CITY OF TEMECULA Page: 8 Bank : union UNION BANK (Continued) Check # Date Vendor 184593 08/17/2017 000537 SO CALIF EDISON Description JUL 2-02-351-5281:30875 RANCHO VISTA JUL 2-20-798-3248:42081 MAIN ST JUL 2-10-331-2153:28816 PUJOL ST JUL 2-02-502-8077:43210 BUS PARK DR E JUL 2-39-737-1063:42061 MAIN ST JUL 2-35-421-1260:41955 4TH ST LS3 JUL 2-27-805-3194:42051 MAIN ST JUL 2-39-043-8521:29028 OT FRONT ST JUL 2-29-974-7899:26953 YNEZ RD LS3 JUL 2-29-479-2981:31454 TEM PKWY TC1 JUL 2-37-303-0485:27498 ENTERPRISE C JUL 2-31-031-2590:28301 RANCHO CAL JUL 2-05-791-8807:31587 TEM PKWY LS3 JUL 2-31-936-3511:46488 PECHANGA PK% JUL 2-29-458-7548:32000 RANCHO CAL JUL 2-29-657-2563:42902 B UTTE RFI E LD JUL 2-36-122-7820:31777 DEPORTOLA RE JUL 2-25-350-5119:45602 REDHAWK PK\A JUL 2-36-531-7916:44205 MAIN ST PED JUL 2-30-066-2889:30051 RANCHO VISTA Amount Paid Check Total 9,899.88 2,849.27 1,624.52 565.01 23.31 20.09 6,185.14 23.62 152.95 92.48 56.42 17.02 8,060.14 52.67 267.23 210.05 23.52 25.97 167.86 23.67 30,340.82 184594 08/17/2017 019362 SOFTCHOICE CORPORATION MICROSOFT OFFICE:INFO TECH 10,296.00 10,296.00 184595 08/17/2017 000519 SOUTH COUNTY PEST CONTROL INC PEST CONTROL SERVICES: WOLF CREEK PARK PEST CONTROL SERVICES: PBSP PEST CONTROL SERVICES: VAR. PARKS PEST CONTROL SERVICES: STA 84 PEST CONTROL SERVICES: STA 95 PEST CONTROL SERVICES: STA 73 184596 08/17/2017 005786 SPRINT JUN 26 - JUL 25 CELLULAR USAGE/EQUIP 184597 08/17/2017 000293 STADIUM PIZZA INC 49.00 70.00 493.00 80.00 80.00 68.00 840.00 4,931.34 4,931.34 REFRESHMENTS:SKATE PARK 7/28 58.34 REFRESHMENTS:TEEN PRGM 7/31 239.95 REFRESHMENTS: WORKFORCE DEV 7/E 167.53 REFRESHMENTS: WORKFORCE DEV 7/2 132.86 REFRESHMENTS:AQUATICS 117.18 715.86 Page:8 apChkLst Final Check List 08/17/2017 8:53:49AM CITY OF TEMECULA Page: 9 Bank : union UNION BANK (Continued) Check # Date Vendor 184598 08/17/2017 008337 STAPLES BUSINESS ADVANTAGE Description Amount Paid Check Total OFFICE SUPPLIES:THEATER 11.88 OFFICE SUPPLIES:PD MALL STOREFROI 78.74 CREDIT: OFFICE SUPPLIES/PD MALL ST( -78.74 OFFICE SUPPLIES:PW DEPTS 77.82 OFFICE SUPPLIES:TCSD 6.49 OFFICE SUPPLIES:HUMAN SERVICES 15.21 OFFICE SUPPLIES:PW CIP 3.94 OFFICE SUPPLIES:PW CIP 36.95 OFFICE SUPPLIES:TCSDADMIN 135.70 OFFICE SUPPLIES:TCSDADMIN 57.33 OFFICE SUPPLIES:DAY CAMP 77.38 OFFICE SUPPLIES:DAY CAMP 30.18 452.88 184599 08/17/2017 002015 STAR WAY SYSTEMS SOUND TECHNICIAN:4TH OF JULY 945.00 945.00 CORPORATION 184600 08/17/2017 008023 STATER BROTHERS MARKETS COMMUNITY PRGM SUPPLIES: STA 73 423.30 423.30 184601 08/17/2017 012789 STUART, JENNIFER SARAH TCSD INSTRUCTOR EARNINGS 2,943.15 2,943.15 184602 08/17/2017 020131 SWAY GROUP LLC REFUND:SEC DEP:RM RENTAL:CONF 200.00 200.00 CTR A/B 184603 08/17/2017 010679 TEMECULA AUTO VEH MAINT& REPAIR:TCSD 335.41 335.41 REPAIR/RADIATOR 184604 08/17/2017 003677 TEMECULA MOTORSPORTS VEH REPAIR & MAINT:TEMECULA 306.57 LLC POLICE VEH REPAIR & MAINT:TEMECULA POLICI 311.19 VEH REPAIR & MAINT:TEMECULA POLICI 284.29 902.05 184605 08/17/2017 020073 TITUS, INC. DATA CATEGORIZATION 24,000.00 24,000.00 SOFTWARE:INFO TECH 184606 08/17/2017 013078 TOROK, LORI A. PERF: TEMECULA PRESENTS DANCE 1,600.00 1,600.00 LECTURE 184607 08/17/2017 020132 TVUSD REFUND:SEC DEP:RM RENTAL:CONF 200.00 200.00 CTR A/B 184608 08/17/2017 017579 U.S. HEALTHWORKS MEDICAL PRE-EMPLOYMENT SCREENINGS: HR 55.00 PRE-EMPLOYMENT SCREENINGS: HR 154.00 209.00 184609 08/17/2017 008977 VALLEY EVENTS, INC. MISC RENTALS:MARG REC CENTER 250.00 250.00 184610 08/17/2017 014848 VALUTEC CARD SOLUTIONS, JUL TICKETING SERVICES: THEATER 27.13 27.13 LLC Page9 apChkLst Final Check List 08/17/2017 8:53:49AM CITY OF TEMECULA Page: 10 Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 184611 08/17/2017 009101 VISION ONE, INC. JUL SHOWARE TICKETING 2,816.80 2,816.80 SRVCS:THEATER 184612 08/17/2017 018147 WADDLETON, JEFFREY L. DJ/ANNOUNCER SRVCS:BOAT 360.00 360.00 REGATTA 8/18 184613 08/17/2017 001342 WAXIE SANITARY SUPPLY INC CLEANING SUPPLIES: VAR. PARKS 540.12 540.12 184614 08/17/2017 013286 WEST SAFETY SERVICES, INC. AUG 911 ENTERPRISE SVCS: IT 300.00 300.00 184615 08/17/2017 013556 WESTERN AV 3 CAMERAS:PEG EQUIP 24,805.78 24,805.78 184616 08/17/2017 005195 ZOOLOGICAL SOCIETY OF EXCURSION:SUMMER DAY CAMP 8/3 6,338.40 6,338.40 SANDIEGO 1001797 08/11/2017 020133 BALANON, MAY ANNE REFUND:MULTISPORT CAMP 2315.205 80.00 80.00 1001798 08/11/2017 020134 EIDEN, TAMARA REFUND:BEAR CUB UNIV 4010.201 209.00 209.00 1001799 08/11/2017 020135 FENNER, TRACIE REFUND:BRIGHT START FOR KIDS 201.00 201.00 6015.201 1001800 08/11/2017 020135 FENNER, TRACIE REFUND:BRIGHT START FOR KIDS 45.00 45.00 6015.201 1001801 08/11/2017 020135 FENNER, TRACIE REFUND:BRIGHT START FOR KIDS 10.00 10.00 6015.201 1001802 08/11/2017 020136 MCKEE, SHAINA REFUND:MISS CATHY'S TINY TOTS 57.60 57.60 1040.208 1001803 08/11/2017 020137 KELLY, MEGAN REFUND:BIGFOOT'SALL-DAY ART 295.00 295.00 CAMP Grand total for UNION BANK: 934,033.38 Page:10 apChkLst 08/17/2017 8:53:49AM Final Check List CITY OF TEMECULA Page: 11 121 checks in this report. Grand Total All Checks: 934,033.38 Page:11 Item No. 4 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Director of Finance DATE: September 5, 2017 SUBJECT: Authorize the City to Execute and Deliver a 2007 Bond Proceeds Funding Agreement PREPARED BY: Jennifer Hennessy, Director of Finance RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A 2007 BOND PROCEEDS FUNDING AGREEMENT AND THE TAKING OF RELATED ACTIONS BACKGROUND: Before dissolution, the former Redevelopment Agency of the City of Temecula issued the multiple series of bonds, including its Temecula Redevelopment Project No. 1 2007 Tax Allocation Bonds (Subordinate Lien), in the principal amount of $15,790,000 (below, the "Bonds"). Proceeds of the Bonds were intended to be used to finance projects within or of benefit to Temecula Redevelopment Project No. 1 project area. According to the bond trustee's records, there is approximately $210,000 of unspent bond proceeds remaining. Pursuant to Section 34191.4 of the Health and Safety Code, after the receipt by the Successor Agency to the Temecula Redevelopment Agency (the "Successor Agency") of a finding of completion (the "Finding of Completion") issued by the California State Department of Finance (the "DOF"), the unspent proceeds of the Bonds shall be used for the purposes for which the Bonds were sold, in a manner consistent with the bond covenants. The Successor Agency received its Finding of Completion on April 26, 2013. Because of the Successor Agency's limited staffing and resources and the City's traditional role and established procedures for the awarding of public works contracts, it is desirable for the Successor Agency to transfer the remaining unspent bond proceeds to the City, for the City to implement and perform the work required for the projects. Each transfer of bond proceeds to the City must be listed on a Recognized Obligation Payment ("ROPS"). Under current law, the Successor Agency prepares a ROPS once a year. Each ROPS must be submitted to the Successor Agency's Oversight Board and the DOF for approval. While the Successor Agency may choose to transfer the bond proceeds over time based on actual contract needs for each ROPS period, it is preferable for all of the remaining unspent bond proceeds to be transferred to the City at once, to facilitate the effective and efficient implementation of the projects. Pursuant to the attached 2007 Bond Proceeds Funding Agreement, the Successor Agency will list the transfer of all of the remaining bond proceeds on the next available ROPS (which covers the 2018-19 fiscal year), and will transfer the bond proceeds to the City per the DOF-approved ROPS. Exhibit A of the 2007 Bond Proceeds Funding Agreement contains a list of the anticipated projects, but also specifies that the actual projects to be funded may be different from those currently listed, as determined by the City. FISCAL IMPACT: Assuming the Oversight Board's and the DOF's approval of the 2007 Bond Proceeds Funding Agreement and the relevant line item on the next ROPS, the Successor Agency will transfer the remaining unspent proceeds of the Bonds to the City at the commencement of fiscal year 2018-19. Thereafter, the City will use the bond proceeds for projects in a manner consistent with the bond covenants and the 2007 Bond Proceeds Funding Agreement, without additional review by the Oversight Board and the DOF. ATTACHMENTS: Resolution with Attachment A-2007 Bond Proceeds Funding Agreement RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A 2007 BOND PROCEEDS FUNDING AGREEMENT AND THE TAKING OF RELATED ACTIONS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Recitals. The City Council of the City of Temecula (the "City") hereby finds, determines and declares that: (a) Before dissolution, the former Redevelopment Agency of the City of Temecula (the "Former Agency") issued its Temecula Redevelopment Project No. 1 2007 Tax Allocation Bonds (Subordinate Lien), in the principal amount of $15,790,000 (the "Bonds"). (b) The Bonds were issued pursuant to and are governed by an Indenture of Trust, dated as of December 1, 2006, as supplemented and amended by a First Supplemental Indenture of Trust, dated as of October 1, 2007, each by and between the Former Agency and U.S. Bank National Association, as trustee. (c) The Bonds were issued to finance projects within or of benefit to a project area known as the Temecula Redevelopment Project No. 1 (the "Project Area"). (d) Pursuant to AB X1 26 (enacted in June 2011), and the California Supreme Court's decision in California Redevelopment Association, et al. v. Ana Matosantos, et al., 53 Cal. 4th 231 (2011), the Former Agency was dissolved as of February 1, 2012, the Successor Agency to the Temecula Redevelopment Agency (the "Successor Agency") was constituted as the successor entity to the Former Agency, and an oversight board of the Successor Agency was established. (e) Pursuant to Section 34175(b) of the California Health and Safety Code ("HSC"), all assets, properties, contracts, books and records of the Former Agency, including the unspent proceeds of the Bonds, transferred to the control of the Successor Agency by operation of law. (f) Pursuant to HSC Section 34191.4(c)(1)(A), after the receipt by the Successor Agency of a finding of completion (the "Finding of Completion") issued by the California State Department of Finance (the "DOF") under HSC Section 34179.7, the unspent proceeds of the Bonds shall be used for the purposes for which the Bonds were sold, in a manner consistent with the bond covenants. (g) By a letter dated April 26, 2013, the DOF informed the Successor Agency that the DOF has issued a Finding of Completion to the Successor Agency. (h) The Successor Agency desires to use the remaining unspent proceeds of the Bonds (the "Remaining Bond Proceeds") for the purpose of which the Bonds were sold, namely the financing of projects within or of benefit to the Project Area that are consistent with the bond covenants (collectively, the "Projects"). (i) Because of the limited staffing of the Successor Agency and the City's traditional role and established procedures with respect to the awarding of public works contracts, the Successor Agency and the City desire to enter into a 2007 Bond Proceeds Funding Agreement in order that the City may perform or cause to be performed the work required for the Projects, substantially in the form attached as Attachment A (the "Funding Agreement"). (j) The Funding Agreement will provide for the transfer of the Remaining Bond Proceeds to the City, for the City to perform or cause to be performed the work required for the Projects and expend the Remaining Bond Proceeds in connection therewith. (k) The execution of the Funding Agreement will be in furtherance of the winding down of the Former Agency's affairs, with respect to the expenditure of unspent bond proceeds as permitted under HSC Section 34191.4. Section 2. Approval of Agreement. The Funding Agreement, in the form attached hereto as Attachment A, is hereby approved. The Mayor (or in the Mayor's absence, the Mayor Pro Tem) is hereby authorized to execute and deliver, for and in the name of the Successor Agency, the Funding Agreement, in substantially such form, with changes therein as the Mayor (or the Mayor Pro Tem, as the case may be) may approve (such approval to be conclusively evidenced by the execution and delivery thereof). Section 3. Other Acts. The Mayor, the Mayor Pro Tem, the City Manager and all other officers of the Successor Agency are hereby authorized, jointly and severally, to do all things, including the execution and delivery of documents and instruments, which they may deem necessary or proper to effectuate the purposes of this Resolution and the Funding Agreement and implement the Funding Agreement. The City Clerk is authorized to attest to the City officers' signatures to any such document or instrument. Section 4. Certification. 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 5th day of September, 2017. Maryann Edwards, 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. 17- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 5til day of September, 2017, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk ATTACHMENT A 2007 Bond Proceeds Funding Agreement (substantial final form) (see attached) -1- 2007 BOND PROCEEDS FUNDING AGREEMENT This 2007 BOND PROCEEDS FUNDING AGREEMENT (this "Agreement"), dated as of , 2017, is entered into by and between the Successor Agency to the Temecula Redevelopment Agency (the "Successor Agency") and the City of Temecula (the "City," and together with the City, the "Parties"). RECITALS: A. Before dissolution, the former Redevelopment Agency of the City of Temecula (the "Former Agency") issued its Temecula Redevelopment Project No. 1 2007 Tax Allocation Bonds (Subordinate Lien), in the principal amount of $15,790,000 (the "Bonds"). B. The Bonds were issued pursuant to and are governed by an Indenture of Trust, dated as of December 1, 2006, as supplemented and amended by a First Supplemental Indenture of Trust, dated as of October 1, 2007 (as supplemented and amended, the "Indenture"), each by and between the Former Agency and U.S. Bank National Association, as trustee (the "Trustee"). C. The Bonds were issued to finance projects within or of benefit to a project area known as the Temecula Redevelopment Project No. 1 (the "Project Area"). D. Pursuant to AB X1 26 (enacted in June 2011), and the California Supreme Court's decision in California Redevelopment Association, et al. v. Ana Matosantos, et al., 53 Cal. 4th 231 (2011), the Former Agency was dissolved as of February 1, 2012, the Successor Agency was constituted as the successor entity to the Former Agency, and an oversight board of the Successor Agency (the "Oversight Board") was established. E. Pursuant to Section 34175(b) of the California Health and Safety Code ("HSC"), all assets, properties, contracts, books and records of the Former Agency, including the unspent proceeds of the Bonds, transferred to the control of the Successor Agency by operation of law. F. Pursuant to HSC Section 34191.4(c)(1)(A), after the receipt by the Successor Agency of a finding of completion (the "Finding of Completion") issued by the California State Department of Finance (the "DOF") under HSC Section 34179.7, the unspent proceeds of the Bonds shall be used for the purposes for which the Bonds were sold, in a manner consistent with the bond covenants. G. By a letter dated April 26, 2013, the DOF informed the Successor Agency that the DOF has issued a Finding of Completion to the Successor Agency. H. The Successor Agency desires to use the remaining unspent proceeds of the Bonds (the "Remaining Bond Proceeds") for the purpose of which the Bonds were sold, namely the financing of projects within or of benefit to the Project Area that are consistent with the bond covenants, including those listed in Exhibit A (collectively, the "Projects"). I. Because of the limited staffing of the Successor Agency and the City's traditional role and established procedures with respect to the awarding of public works contracts, the -2- Successor Agency and the City desire to enter into this Agreement in order that the City may perform or cause to be performed the work required for the Projects, with payment therefor to be made from the Remaining Bond Proceeds. J. This Agreement provides for the transfer of the Remaining Bond Proceeds to the City for the City to perform or cause to be performed the work required for the Projects. K. Pursuant to HSC Section 34177(o), the Successor Agency must prepare a Recognized Obligation Payment Schedule ("ROPS") each year, listing its expected expenditure and disbursement of moneys during each six month period covered by such ROPS. Each ROPS must be submitted to the Oversight Board and the DOF for approval. L. Pursuant to HSC Section 34191.4(c)(1)(A), the expenditure of the Remaining Bond Proceeds for an obligation must be listed on a ROPS. M. This Agreement is in furtherance of the winding down of the Former Agency's affairs, with respect to the expenditure of unspent bond proceeds as permitted under HSC Section 34191.4. N. Resolution No. adopted by the Oversight Board on , 2017 approving the Successor Agency's execution and delivery of this Agreement was approved [deemed approved] by the DOF pursuant to HSC Section 34179(h) on , 2017. NOW, THEREFORE, THE PARTIES DO HEREBY AGREE AS FOLLOWS: Section 1. Subject to the provisions of this Agreement and with the funding provided pursuant to this Agreement, the City agrees to perform or cause to be performed the work required for the Projects, including but not limited to contracting for, or otherwise supervising or performing the preparation of designs, plans and specifications and all demolitions, construction and installations. The City shall perform such work in accordance with all applicable federal, state and local laws, rules and regulations. Subject to the covenants set forth herein, the City shall have the sole discretion with respect to the design, planning, specification and the timing with respect to all components of the Projects. Section 2. (a) The Successor Agency has included on the ROPS ("ROPS 18-19") for the period from July 1, 2018 through June 30, 2019 (the "ROPS 18-19 Period"), a line item listing the transfer of the Remaining Bond Proceeds to the City. (b) As soon as practicable after the commencement of the ROPS 18-19 Period, the Successor Agency shall transfer the Remaining Bond Proceeds, as approved on ROPS 18-19, to the City. Section 3. The City shall use the Remaining Bond Proceeds transferred to it pursuant to this Agreement for costs of the Projects (or reimbursement to the City for any funds advanced for costs of the Projects) in a manner consistent with the applicable bond covenants, including, but not limited to, any covenants regarding the tax-exempt status of interest on the Bonds (and any tax-exempt bonds issued to refund the Bonds) under the Internal Revenue Code of 1986, as amended, and any regulations promulgated thereunder. -3- Section 4. To the extent the City still holds unspent Remaining Bond Proceeds transferred pursuant to this Agreement after the completion of the Projects (as determined by the legislative body of the City), the City shall return such unspent Remaining Bond Proceeds to the Successor Agency within a reasonable time after such determination to be disposed of as provided in HSC Section 34191.4(c)(2) or otherwise consistent with the applicable provisions of the HSC. Section 5. Each Party shall maintain books and records regarding its duties pursuant to this Agreement. Such books and records shall be available for inspection by the officers and agents of the other Party at all reasonable times. Section 6. The Parties agree to take all appropriate steps and execute any documents which may reasonably be necessary or convenient to implement the intent of this Agreement. Section 7. This Agreement may be amended from time to time by written instrument executed by both Parties. Section 8. No official, agent, or employee of the Successor Agency or the City, or members of the City Council, or members of the Successor Agency Board of Directors or Oversight Board shall be individually or personally liable for any payment hereunder in the event of any default or breach by the Successor Agency or the City, or for any amount which may otherwise become due to the City or Successor Agency, or successor thereto, or on any obligations under the terms or in furtherance of this Agreement. Section 9. This Agreement is made in the State of California under the Constitution and laws of the State of California, and is to be so construed. -4- IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized officers. ATTEST: Secretary ATTEST: City Clerk SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA By Executive Director CITY OF TEMECULA By Mayor -5- EXHIBIT A Description of Proj ects 1. Design and construction of roadway improvements on Motor Car Parkway, Ynez Road, Margarita Road and Solana Way. 2. Any other programs, projects and activities within or of benefit to the Project Area, so long as the program or project is determined by the City to be consistent with applicable bond covenants. -6- Item No. 5 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA, ACTING AS THE HOUSING SUCCESSOR AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Director of Finance DATE: September 5, 2017 SUBJECT: Authorize the City to Execute and Deliver a Housing Bond Proceeds Funding Agreement PREPARED BY: Jennifer Hennessy, Director of Finance RECOMMENDATION: That the City Council adopt a a resolution entitled: RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, ACTING IN ITS CAPACITY AS THE HOUSING SUCCESSOR, DESIGNATING THE USE OF HOUSING BOND PROCEEDS, APPROVING THE EXECUTION AND DELIVERY OF A HOUSING BOND PROCEEDS FUNDING AGREEMENT AND THE TAKING OF CERTAIN RELATED ACTIONS BACKGROUND: Pursuant to AB X1 26, the City Council of the City of Temecula adopted Resolution No. 12-11 on January 24, 2012, electing for the City to retain the housing assets and housing functions previously performed by the former Redevelopment Agency of the City of Temecula (the "Former Agency"), as allowed by law, and thereby becoming the "Housing Successor." Before dissolution, the Former Agency issued bonds in 2010 and 2011 to finance low and moderate income housing projects (the "Housing Bonds"). According to the bond trustee's records, there remains approximately $12.5 million of unspent proceeds of the Housing Bonds (the "Remaining Housing Bond Proceeds"). Pursuant to Health and Safety Code Section 34176, the Housing Successor may designate the use of the remaining Housing Bond Proceeds, provided that such use is consistent with bond covenants. A designation by the Housing Successor must be listed on a Recognizable Obligation Payment Schedule ("ROPS") of the Successor Agency of the Temecula Redevelopment Agency. Under current law, the Successor Agency prepares a ROPS once a year. Each ROPS must be submitted to the Oversight Board and the DOF for approval. The Housing Successor has not yet entered into any specific contract committing to the use of the Housing Bond Proceeds on a project. The Housing Successor may choose to make designations to the Successor Agency regarding the use of the Housing Bond Proceeds after specific contracts have been identified, and based on the expenditures for each relevant six- month ROPS Period. However, in order for the Housing Successor to effectively and efficiently negotiate for and implement viable projects, it may be preferable for all of the Housing Bond Proceeds to be transferred to the Housing Successor at once. After such single transfer, the Housing Successor would be able to utilize the Housing Bond Proceeds without further timing restrictions and risks (of the Oversight Board's and the DOF's disapproval) imposed by the ROPS process. The one-time transfer of the Housing Bond Proceeds by the Successor Agency to the Housing Successor can be accomplished through a Housing Bond Proceeds Funding Agreement (the "Agreement"), between the Successor Agency and the City, as the Housing Successor, coupled with a listing of such transfer on the next ROPS. Under the Agreement, the Successor Agency will agree to transfer the remaining Housing Bond Proceeds to the Housing Successor at the beginning of the upcoming ROPS Period (which starts on July 1, 2018), and the Housing Successor will agree to use the Housing Bond Proceeds in a manner consistent with the bond covenants. Both of the Agreement and the ROPS will be subject to the review and approval by the Oversight Board and the DOF. By adopting the attached Resolution, the City Council will approve the execution and delivery by the City, as the Housing Successor, of the Agreement, in substantially the form attached to the Resolution as Exhibit A. The City Clerk will be directed to provide a copy of the Resolution to the Successor Agency files, thereby satisfying the Dissolution Act requirement pertaining to the Housing Successor's notification to the Successor Agency regarding the designation of Housing Bond Proceeds. FISCAL IMPACT: Assuming the Oversight Board's and the DOF's approval of the Housing Bond Proceeds Funding Agreement and the relevant item on the ROPS, the Successor Agency will transfer the remaining Housing Bond Proceeds to the Housing Successor at the commencement of the upcoming ROPS Period (which begins July 1, 2018). Thereafter, such money will be available for the Housing Successor to use for low and moderate income housing projects pursuant to the Housing Bond Proceeds Funding Agreement and applicable law. ATTACHMENTS: Resolution with Attachment A - Housing Bond Proceeds Funding Agreement RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, ACTING IN ITS CAPACITY AS THE HOUSING SUCCESSOR, DESIGNATING THE USE OF HOUSING BOND PROCEEDS, APPROVING THE EXECUTION AND DELIVERY OF A HOUSING BOND PROCEEDS FUNDING AGREEMENT AND THE TAKING OF CERTAIN RELATED ACTIONS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Recitals. The City Council of the City of Temecula (the "City") hereby finds, determines and declares that: (a) The former Redevelopment Agency of the City of Temecula (the "Former Agency") issued multiple series of bonds, including the following: (i) its Temecula Redevelopment Project No. 1 Tax Allocation Housing Bonds, 2010 Series A (Tax Exempt) (the "2010A Bonds"), (ii) its Temecula Redevelopment Project No. 1 Tax Allocation Housing Bonds, 2010 Series B (Taxable Build America Bonds) (the "2010B Bonds"), and (iii) its Temecula Redevelopment Project No. 1 Tax Allocation Housing Bonds, 2011 Series A (the "2011A Bonds," and collectively with the 2010A Bonds and the 2010B Bonds, the "Housing Bonds"). (b) The 2010A Bonds and the 2010B Bonds were issued pursuant to an Indenture of Trust, dated as of March 1, 2010 (the "2010 Indenture"), by and between the Former Agency and U.S. Bank National Association, as trustee (the "Trustee"). (c) The 2011A Bonds were issued pursuant to the 2010 Indenture, as supplemented by a First Supplemental Indenture of Trust, dated as of March 1, 2011, by and between the Former Agency and the Trustee (as so supplemented, the "Indenture"). (d) The Housing Bonds were issued to finance projects in furtherance of the Former Agency's low and moderate income housing program. (e) Pursuant to AB X1 26 (enacted in June 2011) and the California Supreme Court's decision in California Redevelopment Association, et al. v. Ana Matosantos, et al., 53 Cal. 4th 231 (2011), the Former Agency was dissolved as of February 1, 2012, the Successor Agency to the Temecula Redevelopment Agency (the "Successor Agency") was constituted, and an oversight board of the Successor Agency (the "Oversight Board") was established. (f) Pursuant to Section 34175(b) of the California Health and Safety Code ("HSC"), all assets, properties and contracts of the Former Agency, including the unspent proceeds of the Housing Bonds transferred to the control of the Successor Agency by operation of law. (g) Within the accounts of the Housing Projects Fund (as defined in the Indenture), there remain certain unspent proceeds of the 2010A Bonds (the "Remaining 2010A Bond Proceeds") and unspent proceeds of the 2010B Bonds (the "Remaining 2010B Bond Proceeds"). (h) Within the 2011 Housing Projects Fund (as defined in the Indenture), there remain certain unspent proceeds of the 2011A Bonds (collectively with the Remaining 2010A Bond Proceeds and the Remaining 2010B Bond Proceeds, the "Remaining Housing Bond Proceeds"). (i) Pursuant to HSC Section 34176(a), the City Council adopted Resolution No. 12-11 on January 24, 2012, electing for the City to retain the housing assets and housing functions previously performed by the Former Agency, as allowed by law, and thereby becoming the "Housing Successor." (j) HSC Section 34176(g) provides that the Housing Successor may designate the use of, and commit, the Remaining Housing Bond Proceeds; provided that such use or commitment of the Remaining Housing Bond Proceeds is consistent with the bond covenants. (k) HSC Section 34176(g) further provides that a designation of the use (or commitment) of the Remaining Housing Bond Proceeds must be listed on a Recognized Obligation Payment Schedule ("ROPS") and that the Housing Successor must provide notice to the Successor Agency regarding a designation of the use (or commitment) of the Remaining Housing Bond Proceeds before submitting the ROPS to the Oversight Board. (I) The Housing Successor is adopting this Resolution to designate the use of the Remaining Housing Bond Proceeds for projects to be engaged by the Housing Successor for the purpose of increasing, preserving and improving housing for low and moderate income persons (the "Housing Successor Projects"). (m) HSC Section 34176(g) provides that the review by the Successor Agency, the Oversight Board and the State Department of Finance of the Housing Successor's designations and commitments of the Remaining Housing Bond Proceeds shall be limited to a determination that the designations and commitments are consistent with bond covenants and that there are sufficient funds available therefor. (n) The Housing Successor and the Successor Agency desire to enter into a Housing Bond Proceeds Funding Agreement (the "Proceeds Funding Agreement") in connection with the use of the Remaining Housing Bond Proceeds for the Housing Successor Projects. Section 2. Designation of Housing Bond Proceeds Use. The City, acting as the Housing Successor, hereby designates the use of the Remaining Housing Bond Proceeds for the Housing Successor Projects. The City Clerk is hereby authorized and directed to provide a copy of this Resolution to the Successor Agency files. Section 3. Approval of Agreement. The Proceeds Funding Agreement, in the form attached hereto as Attachment A, is hereby approved. The Mayor (or in the Mayor's absence, the Mayor Pro Tem) is hereby authorized to execute and deliver, for and in the name of the Successor Agency, the Proceeds Funding Agreement, in substantially such form, with changes therein as the Mayor (or the Mayor Pro Tem, as the case may be) may approve (such approval to be conclusively evidenced by the execution and delivery thereof). Section 4. Other Acts. The Mayor, the Mayor Pro Tem, the City Manager and all other officers of the City are hereby authorized, jointly and severally, to do all things, including the execution and delivery of documents and instruments, which they may deem necessary or proper to effectuate the purposes of this Resolution and the Proceeds Funding Agreement. The City Clerk is authorized to attest to the City officers' signatures to any such document or instrument. Section 5. Certification. 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 5th day of September, 2017. Maryann Edwards, 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. 17- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 5tn day of September, 2017, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk ATTACHMENT A Housing Bond Proceeds Funding Agreement (substantial final form) (see attached) HOUSING BOND PROCEEDS FUNDING AGREEMENT This HOUSING BOND PROCEEDS FUNDING AGREEMENT (this "Agreement"), dated as of , 2017, is entered into by and between the City of Temecula, in its capacity as the successor to the housing assets and functions of the former Redevelopment Agency of the City of Temecula (the "Housing Successor"), and the Successor Agency to the Temecula Redevelopment Agency (the "Successor Agency," and together with the Housing Successor, the "Parties"). RECITALS: A. The former Redevelopment Agency of the City of Temecula (the "Former Agency") issued multiple series of bonds, including the following: (i) its Temecula Redevelopment Project No. 1 Tax Allocation Housing Bonds, 2010 Series A (Tax Exempt) (the "2010A Bonds"), (ii) its Temecula Redevelopment Project No. 1 Tax Allocation Housing Bonds, 2010 Series B (Taxable Build America Bonds) (the "2010B Bonds"), and (iii) its Temecula Redevelopment Project No. 1 Tax Allocation Housing Bonds, 2011 Series A (the "2011A Bonds," and collectively with the 2010A Bonds and the 2010B Bonds, the "Housing Bonds"). B. The 2010A Bonds and the 2010B Bonds were issued pursuant to an Indenture of Trust, dated as of March 1, 2010 (the "2010 Indenture"), by and between the Former Agency and U.S. Bank National Association, as trustee (the "Trustee"). C. The 2011A Bonds were issued pursuant to the 2010 Indenture, as supplemented by a First Supplemental Indenture of Trust, dated as of March 1, 2011, by and between the Former Agency and the Trustee (as so supplemented, the "Indenture"). D. The Housing Bonds were issued to finance projects in furtherance of the Former Agency's low and moderate income housing program. E. Pursuant to AB X1 26 (enacted in June 2011) and the California Supreme Court's decision in California Redevelopment Association, et al. v. Ana Matosantos, et al., 53 Cal. 4th 231 (2011), the Former Agency was dissolved as of February 1, 2012, the Successor Agency was constituted, and an oversight board of the Successor Agency (the "Oversight Board") was established. F. Pursuant to Section 34175(b) of the California Health and Safety Code ("HSC"), all assets, properties and contracts of the Former Agency, including the unspent proceeds of the Housing Bonds transferred to the control of the Successor Agency by operation of law. G. Within the accounts of the Housing Projects Fund (as defined in the Indenture), there remain certain unspent proceeds of the 2010A Bonds (the "Remaining 2010A Bond Proceeds") and unspent proceeds of the 2010B Bonds (the "Remaining 2010B Bond Proceeds"). H. Within the 2011 Housing Projects Fund (as defined in the Indenture), there remain certain unspent proceeds of the 2011A Bonds (the "Remaining 2011A Bond Proceeds" and collectively with the Remaining 2010A Bond Proceeds and the Remaining 2010B Bond Proceeds, the "Remaining Housing Bond Proceeds"). I. Pursuant to HSC Section 34176(a), the City Council of the City of Temecula (the "City") adopted Resolution No. 12-11 on January 24, 2012, electing for the City to retain the housing assets and housing functions previously performed by the Former Agency, as allowed by law, and thereby becoming the Housing Successor. J. HSC Section 34176(g) provides that the Housing Successor may designate the use of, and commit, the Remaining Housing Bond Proceeds; provided that such use or commitment of Remaining Housing Bond Proceeds is consistent with the bond covenants. K. HSC Section 34176(g) further provides that a designation of the use (or commitment) of the Remaining Housing Bond Proceeds must be listed on a Recognized Obligation Payment Schedule ("ROPS") and that the Housing Successor must provide notice to the Successor Agency regarding a designation of the use (or commitment) of the Remaining Housing Bond Proceeds before submitting the ROPS to the Oversight Board. L. HSC Section 34176(g) provides that the review by the Successor Agency, the Oversight Board and the State Department of Finance (the "DOF") of the Housing Successor's designations and commitments of the Remaining Housing Bond Proceeds shall be limited to a determination that the designations and commitments are consistent with bond covenants and that there are sufficient funds available therefor. M. The Successor Agency received a copy of Resolution No. , adopted on , 2017, by the City Council of the City, acting in its capacity as the Housing Successor, which provides for the Housing Successor' s designation of the use of the Remaining Housing Bond Proceeds for proj ects to be engaged by the Housing Successor for the purpose of increasing, preserving and improving housing for low and moderate income persons (the "Housing Successor Projects"). N. The use of the Remaining Housing Bond Proceeds for the Housing Successor Projects shall be consistent with the covenants relating to the Housing Bonds. O. The Housing Successor and the Successor Agency desire to enter into this Agreement in connection with the use of the Remaining Housing Bond Proceeds for the Housing Successor Proj ects. P. This Agreement is in furtherance of the winding down of the affairs of the Former Agency, with respect to the expenditure of the Remaining Housing Bond Proceeds as permitted under HSC Section 34176(g). Q. Resolution No. adopted by the Oversight Board on , 2017, approving the Successor Agency's execution and delivery of this Agreement was [approved] [deemed approved] by the DOF pursuant to HSC Section 34179(h) on , 2017. NOW, THEREFORE, THE PARTIES DO HEREBY AGREE AS FOLLOWS: Section 1. (a) For the ROPS ("ROPS 18-19") covering the period from July 1, 2018 through June 30, 2019 ("ROPS 18-19 Period"), the Successor Agency shall list the transfer of all of the Remaining Housing Bond Proceeds (including estimated interest earnings to the date of transfer under Section 1(b)) to the Housing Successor to be used for the costs of the Housing Successor Projects. (b) As soon as practicable after the commencement of the ROPS 18-19 Period, the Successor Agency shall transfer the Remaining Housing Bond Proceeds to the Housing Successor. Section 2. Upon receipt, the Housing Successor shall deposit the Remaining Housing Bond Proceeds into the Low and Moderate Income Housing Asset Fund, which fund has been established and is maintained by the Housing Successor pursuant to HSC Sections 34176 and 34176.1. Section 3. The Housing Successor shall use the Remaining Housing Bond Proceeds in a manner consistent with all applicable bond covenants and all applicable law. Section 4. Each Party shall maintain books and records regarding its duties pursuant to this Agreement. Such books and records shall be available for inspection by the officers and agents of the other Party at all reasonable times. Section 5. The Parties agree to take all appropriate steps and execute any documents which may reasonably be necessary or convenient to implement the intent of this Agreement. Section 6. This Agreement may be amended from time to time by written instrument executed by both Parties. Section 7. No official, agent, or employee of the Successor Agency or the City (whether or not acting in its capacity as the Housing Successor), or members of the City Council, or members of the Successor Agency Board of Directors or Oversight Board shall be individually or personally liable for any payment hereunder in the event of any default hereunder or breach hereof by the Successor Agency or the Housing Successor, or for any amount which may otherwise become due to the Housing Successor or Successor Agency, or successor thereto, or on any obligations under the terms or in furtherance of this Agreement. Section 8. This Agreement is made in the State of California under the Constitution and laws of the State of California, and is to be so construed. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized officers. SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY By Executive Director ATTEST: Board Secretary CITY OF TEMECULA, as Housing Successor By Mayor ATTEST: City Clerk Item No. 6 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick A. Thomas, Director of Public Works / City Engineer DATE: September 5, 2017 SUBJECT: Award a Construction Contract to Kaveh Engineering & Construction, Inc. for the Overland Drive Extension, Project No. PW16-06 PREPARED BY: Amer Attar, Principal Engineer Chris White, Associate Engineer - CIP RECOMMENDATION: That the City Council: 1. Award a Construction Contract to Kaveh Engineering & Construction, Inc., in the amount of $844,949, for Overland Drive Extension (from Commerce Center Drive to Enterprise Circle West), PW16-06; 2. Authorize the City Manager to approve change orders not to exceed the contingency amount of $84,494.90, which is equal to 10% of the Contract amount; 3. Make a finding that Overland Drive Extension, PW16-06, is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. BACKGROUND: The project will consist of the demolition of two existing buildings for the extension of Overland Drive to connect Commerce Center Drive and Enterprise Circle West, including removal and relocation of existing utilities, grading, construction of roadway pavement section, sidewalk and ADA ramps, traffic signing and striping, and landscaping and irrigation. A Mitigated Negative Declaration (MND) was prepared for this project pursuant to the provisions of the California Environmental Quality Act (CEQA). The City Council adopted the MND at its September 10, 2013 meeting. The Notice of Determination was filed with the County of Riverside on October 29, 2013, in compliance with the provisions of Section 21152 of the Public Resource Code. On December 13, 2016, City Council approved the plans and specifications, and authorized staff to solicit construction bids. On Thursday, August 3, 2017, nine bids were electronically opened and publicly posted on PlanetBids. The results were as follows: Staff has reviewed the bid proposals and found Kaveh Engineering & Construction, Inc., to be the lowest responsible bidder. Kaveh Engineering & Construction, Inc. has successfully completed similar projects for public agencies. The Engineer's estimate for the project was $1,108,500. The Specifications allow for one hundred twenty working days for construction, which is six months. The Multiple Species Habitat Conservation Plan (MSHCP) is an element of the Riverside County Integrated Project (RCIP) to conserve open space, nature preserves and wildlife to be set aside in some areas. It is designed to protect over 150 species and conserve over 500,000 acres in Western Riverside County. The City of Temecula is a permittee to the MSHCP and as such is required to abide by the Regional Conservation Authority's (RCA) Fee Remittance and Collection Policy adopted by Resolution 07-04 on September 10, 2007. The RCA is a joint regional authority formed by the County and the Cities to provide primary policy direction for implementation of the MSHCP. Beginning July 1, 2008, the RCA will require that locally funded Capital Improvement Projects contribute applicable MSHCP fees within 90 -days of construction contract award. Fees outside the public right of way are calculated on a cost per acre of disturbed area basis, while fees for typical right of way improvements projects are five percent of construction costs. Projects funded by TUMF or Measure A are exempt from MSHCP fees as those programs contribute directly to the MSHCP. Since this project involves demolition of two existing buildings, disturbed properties, and constructing a road in their place, it is exempt from MHSCP fees. FISCAL IMPACT: The Overland Drive Extension (Commerce Center Drive to West of Enterprise Circle) is identified in the City's Capital Improvement Program Budget for Fiscal Year 2018-22. It is funded with Development Impact Fees (DIF), Street Improvements, and General Fund. Adequate funds are available in the project accounts for the contract amount of $844,949, plus a 10% contingency of $84,494.90, for a total amount of $929,443.90. ATTACHMENTS: 1. Contract 2. Project Location Map 3. Project Description Base Bid 1. Kaveh Engineering & Construction, Inc. $ 844,949.00 2. Griffith Company $ 921,455.00 3. GMC Engineering, Inc. $ 950,950.00 4 Hazard Construction $ 968,868.00 5 Roadway Engineering $ 989,871.50 6 HaitbrinkAsphalt Paving, Inc. $1,069,237.25 7 SEMA Construction, Inc. $1,113,986.46 8 Leonida Builders, Inc. $1,280,080.00 9 Harry H. Joh $1,459,801.05 Staff has reviewed the bid proposals and found Kaveh Engineering & Construction, Inc., to be the lowest responsible bidder. Kaveh Engineering & Construction, Inc. has successfully completed similar projects for public agencies. The Engineer's estimate for the project was $1,108,500. The Specifications allow for one hundred twenty working days for construction, which is six months. The Multiple Species Habitat Conservation Plan (MSHCP) is an element of the Riverside County Integrated Project (RCIP) to conserve open space, nature preserves and wildlife to be set aside in some areas. It is designed to protect over 150 species and conserve over 500,000 acres in Western Riverside County. The City of Temecula is a permittee to the MSHCP and as such is required to abide by the Regional Conservation Authority's (RCA) Fee Remittance and Collection Policy adopted by Resolution 07-04 on September 10, 2007. The RCA is a joint regional authority formed by the County and the Cities to provide primary policy direction for implementation of the MSHCP. Beginning July 1, 2008, the RCA will require that locally funded Capital Improvement Projects contribute applicable MSHCP fees within 90 -days of construction contract award. Fees outside the public right of way are calculated on a cost per acre of disturbed area basis, while fees for typical right of way improvements projects are five percent of construction costs. Projects funded by TUMF or Measure A are exempt from MSHCP fees as those programs contribute directly to the MSHCP. Since this project involves demolition of two existing buildings, disturbed properties, and constructing a road in their place, it is exempt from MHSCP fees. FISCAL IMPACT: The Overland Drive Extension (Commerce Center Drive to West of Enterprise Circle) is identified in the City's Capital Improvement Program Budget for Fiscal Year 2018-22. It is funded with Development Impact Fees (DIF), Street Improvements, and General Fund. Adequate funds are available in the project accounts for the contract amount of $844,949, plus a 10% contingency of $84,494.90, for a total amount of $929,443.90. ATTACHMENTS: 1. Contract 2. Project Location Map 3. Project Description CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS CONTRACT for OVERLAND DRIVE EXTENSION (Commerce Center Drive to West of Enterprise Circle) PROJECT NO. PW16-06 THIS CONTRACT, made and entered into the 5th day of September, 2017 by and between the City of Temecula, a municipal corporation, hereinafter referred to as "City", and Kaveh Engineering & Construction, Inc., hereinafter referred to as "Contractor." WITNESSETH: That City and Contractor, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACT DOCUMENTS The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled OVERLAND DRIVE EXTENSION (Commerce Center Drive to West of Enterprise Circle), PROJECT NO. PW16-06, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Standard Plans and Specifications, (latest edition), issued by the California Department of Transportation, where specifically referenced in the Plans, Special Provisions, and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by Public Works Standards, Inc. (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for OVERLAND DRIVE EXTENSION (COMMERCE CENTER DRIVE TO WEST OF ENTERPRISE CIRCLE), PROJECT NO. PW16-06. Copies of these Standard Specifications are available from the publisher: BNi Building News Division of BNi Publications, Inc. 990 Park Center Drive, Suite E Vista, CA 92081 (760) 734-1113 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provisions, and Technical Specifications for OVERLAND DRIVE EXTENSION Commerce Center Drive to West of Enterprise Circle), PROJECT NO. PW16-06. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions. Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: OVERLAND DRIVE EXTENSION (Commerce Center Drive to West of Enterprise Circle), PROJECT NO. PW16-06. All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by City. 3. CITY APPROVAL All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of City or its authorized representatives. 4. CONTRACT AMOUNT AND SCHEDULE The City agrees to pay, and Contractor agrees to accept, in full payment for, the work agreed to be done, the sum of: EIGHT HUNDRED FORTY-FOUR THOUSAND NINE HUNDRED FORTY-NINE DOLLARS ($844,949), the total amount of the base bid. Contractor agrees to complete the work in a period not to exceed 120 working days, commencing with delivery of a Notice to Proceed by City. Construction shall not commence until bonds and insurance are approved by City. 5. CHANGE ORDERS All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. 6. PAYMENTS a. Lump Sum Bid Schedule: Before submittal of the first payment request, the Contractor shall submit to the Director of Public Works a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the Director of Public Works may require. This schedule, as approved by the Director of Public Works, shall be used as the basis for reviewing the Contractor's payment requests. b. Unit Price Bid Schedule: Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) days after submission of a payment request to the City, the Contractor shall be paid a sum equal to 95% of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the thirtieth (30th) day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made sixty (60) days after acceptance of final payment and the Contractor filing a one-year Warranty and an Affidavit of Final Release with the City on forms provided by the City. c. Payment for Work Performed: Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. d. Payment of Interest: Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contract Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. 7 LIQUIDATED DAMAGES / EXTENSION OF TIME a. Liquidated Damages: In accordance with Government Code Section 53069.85, Contractor agrees to forfeit and pay to City the sum of $1,000 per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to Contractor. b. Extension of Time: Contractor will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of the Contractor, including delays caused by City. Within ten (10) calendar days of the occurrence of such delay, Contractor shall give written notice to City. Within thirty (30) calendar days of the occurrence of the delay, Contractor shall provide written documentation sufficient to support its delay claim to City. Contractor's failure to provide such notice and documentation shall constitute Contractor's waiver, discharge, and release of such delay claims against City. 8. WAIVER OF CLAIMS On or before making each request for payment under Paragraph 6 above, Contractor shall submit to City, in writing, all claims for compensation as to work related to the payment. Unless the Contractor has disputed the amount of the payment, the acceptance by Contractor of each payment shall constitute a release of all claims against the City related to the payment. Contractor shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. 9. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Contractor shall provide a copy of prevailing wage rates to any staff or subcontractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1720, 1720.9, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DI R) pursuant to Labor Code Section 1771.4. 10. TIME OF THE ESSENCE Time is of the essence in this Contract. 11. INDEMNIFICATION All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of Contractor alone. Contractor agrees to save, indemnify, hold harmless and defend the City of Temecula, Temecula Community Services District, and/or Successor Agency to the Temecula Redevelopment Agency, its officers, employees, and agents, against any and all liability, injuries, or death of persons (Contractor's employees included), and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by Contractor, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the City. The Contractor shall indemnify and be responsible for reimbursing the City for any and all costs incurred by the City as a result of Stop Notices filed against the project. The City shall deduct such costs from progress payments or final payments due to the Contractor. 12. GRATUITIES Contractor warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to City's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 13. CONFLICT OF INTEREST Contractor warrants that none of its partners, members or shareholders are related by blood or marriage to any employee of the City who has participated in the development of the specifications or approval of this project or who will administer this project nor are they in any way financially associated with any City officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. Contractor further warrants that no person in its employ nor any person with an ownership interest in the Contractor has been employed by the City within one year of the date of the Notice Inviting Bids. 14. CONTRACTOR'S AFFIDAVIT After the completion of the work contemplated by this Contract, Contractor shall file with the City Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 15. NOTICE TO CITY OF LABOR DISPUTES Whenever the Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, Contractor shall immediately give notice thereof, including all relevant information with respect thereto, to City. 16. BOOKS AND RECORDS Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 17. INSPECTION The work shall be subject to inspection and testing by City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plants of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 18. DISCRIMINATION Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 19. GOVERNING LAW The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. 20. PROHIBITED INTEREST No member, officer, or employee of the City of Temecula or of a local public body who has participated in the development of the specifications or approval of this project or will administer this project shall have any interest, direct or indirect, in the Contract or the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the Contractor covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 21. ADA REQUIREMENTS. By signing this Contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101- 336, as amended. 22. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the Contractor as set forth in the Contract Documents, and to the City addressed as follows: Mailing and Delivery Address: Patrick A. Thomas, PE Director of Public Works/City Engineer City of Temecula 41000 Main Street Temecula, CA 92590 23. CLAIM DISPUTE RESOLUTION. In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of work, but shall proceed with the performance of the work in dispute. The Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The disputed work will be categorized as an "unresolved dispute" and payment, if any, shall be as later determined by mutual agreement or a court of law. The Contractor shall keep accurate, detailed records of all disputed work, claims and other disputed matters. All claims arising out of or related to the Contract or this project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims. All such claims are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Contract hereby incorporates those provisions as though fully set forth herein. Thus, the Contractor or any Subcontractor must file a claim in accordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with Section 9204 and Article 1.5 (if applicable), and must then adhere to Article 1.5 and Section 9204, as applicable, pursuant to the definition of "claim" as individually defined therein. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: DATED: ATTEST: Randi Johl, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney CONTRACTOR: Kaveh Engineering & Construction, Inc. 22600 Savi Ranch Parkway, Suite A17 Yorba Linda, CA 92887 (714) 793-6655 fred@kavehinc.com By: Farhad Bashardoost President, Secretary and Treasurer CITY OF TEMECULA By: Maryann Edwards, Mayor Corporate Resolution of Kaveh Engineering & Construction, Inc. The directors of Kaveh Engineering & Construction, Inc., a California corporation (the "Corporation"), hereby adopt the following resolutions by written consent and direct that this consent be filed with the minutes of the proceedings of the Board of Directors: Adoption of Bylaws. RESOLVED, that the bylaws presented to the Directors and attached hereto are adopted as the bylaws of the Corporation. Stock Issuance. RESOLVED, that the Corporation is hereby authorized to issue and sell shares of Common Stock of the Corporation to each person named below in exchange for the indicated capital contribution: Name of Stockholder Farhad Bashardoost Number of Shares 100 Capital Contribution $0.00 (cash/services) FURTHER RESOLVED, that the consideration to be received for the above- mentioned shares is adequate and approved, and the President and Secretary of the Corporation are hereby authorized to execute and deliver to each person named above a certificate representing the shares of filly paid and non -assessable Common. Stock of the Corporation as set forth above upon receipt of payment there for. Election of Officers. RESOLVED, that the following persons be, and they hereby are, elected to hold the offices of the Corporation set forth opposite their respective names until their respective successors are elected and qualified or until their earlier resignation or removal: President: Farhad Bashardoost Treasurer: Farhad Bashardoost Secretary: Farhad Bashardoost Corporate Documents and Proceedings. RESOLVED, that the officers of the Corporation be, and they hereby are, authorized, empowered and directed to procure all corporate books, books of account and stock books which may be required by the laws of California or of any state in which the Corporation may do business or which may be necessary or appropriate in connection with the business of the Corporation. FURTHER RESOLVED, that the Corporation shall maintain a minute book containing the minutes of any and all meetings of and actions of the Board of Directors, Board committees and of the shareholders, together with such documents and papers, including this Written Consent, as the Corporation, its Board of Directors or its shareholders shall from time to time direct, FURTHER RESOLVED, that the Secretary of the Corporation be, and the Secretary hereby is, authorized and instructed to insert in the minute book of the Corporation a copy of the Articles of incorporation as filed in the office of the California Secretary of State and certified by said Secretary of State. FURTHER RESOLVED, that a corporate seal is adopted as the seal of this Corporation in the form of two concentric circles, with the name of the Corporation between the two circles and the year of incorporation and California. Within the inner circle. FURTHER RESOLVED, that the form of stock certificate is approved and adopted as the Stock Certificate of this Corporation. The Secretary is instructed to insert a specimen copy of the stock certificate in the Minute Book immediately following this consent. FURTHER RESOLVED, that the Secretary of the Corporation be, and the Secretary hereby is, authorized, empowered and directed to insert a copy of the bylaws in the minute book of the Corporation and to see that a copy of said bylaws is kept at the principal executive office for the transaction of business of the Corporation. FURTHER RESOLVED, that all actions taken by United States Corporation Agents, Inc. and its agents in connection with the formation of the Corporation are hereby approved, ratified and adopted. Annual Accounting Period. RESOLVED, thRt until otherwise determined by the Board of Directors the fiscal year of the Corporation shall end on December 31. Principal Executive Office. RESOLVED, that the principal executive office ofthe Corporation shall be located at 22600 Savi Ranch Pkwy. Suite A17, Yorba Linda, CA 92887 Bank Account. RESOLVED, that the Corporation establishes in its name an account with any federally insured depository institution and that the officers of the Corporation be, and they hereby are, authorized, empowered and directed to establish such an account. Qualification to do Business. RESOLVED, that for the purpose of authorizing the Corporation to do business under the laws of any state, territory or possession of the United States or of any foreign country in which it is necessary or convenient for the Corporation to transact business, the proper officers of the Corporation are hereby authorized in the name and on behalf of the Corporation to take such action as may be necessary or advisable to effect the qualification of the Corporation to do business as a foreign corporation in any of such states, territories, possessions or foreign countries and in connection therewith to appoint and substitute all necessary agents or attorneys for service of process, to designate or change the location of all necessary statutory offices, and to execute, acknowledge, verify, deliver, file or cause to be published any necessary applications, papers, certificates, reports, consents to service of process, powers of attorney and other instruments as may be required by any of such laws, and, whenever it is expedient for the Corporation to cease doing business and withdraw from any such state, territory, possession or foreign country, to revoke any appointment of agent or attorney for service of process and to file such applications, papers, certificates, reports, revocation of appointment or surrender of authority as may be necessary to terminate the authority of the Corporation to do business in any such state, territory, possession or foreign country. Payment of Expenses RESOLVED, that the officers of the Corporation be, and they hereby are, authorized, empowered and directed to pay all charges and expenses incident to or arising out of the organization of the Corporation and to reimburse any person who has made any disbursement therefore Agent for Service of Process RESOLVED, that Farhad Bashardoost, 863 S. Sapphire Lane, Anaheim, California 92807, shall be appointed the Corporation's agent for service of process, Subchapter S Election RESOLVED, that the Corporation shall elect to be taxed as an S Corporation, and the officers of the Corporation are authorized and directed to file all proper and necessary forms with the Internal Revenue Service and to obtain the consent of each stockholder to be taxed as a S corporation. General Authorization RESOLVED, that the officers ofthe Corporation are, and each ofthem hereby is, authorized, empowered and directed, in the name of and on behalf of the Corporation, to make all other arrangements and to take allfurther action, including the payment of expenditures and the preparation of officer's certificates or any other documents, as the officer deems necessary or appropriate in order to fully effectuate the purposes of the foregoing resolutions. RESOLVED, that any and all actions taken by any officer of the Corporation in connection with the matters contemplated by the foregoing resolutions are hereby approved, ratified and confirmed in all respects as fully as if such actions had been presented to the Board of Directors for its approval prior to such actions being taken. IN WITNESS WHEREOF, this consent has been executed as of the date below. Date: 5/ t .,�v���7 • .off✓�f� e `Yj t �`%/t�r;f`,� 544:,,x•\`•• Farhad Bashardoost President/CFO/Secretary -4- OVERLAND DRIVE EXTENSION (COMMERCE CENTER TO WEST OF ENTERPRISE CIRCLE) Circulation Project Location Aerial Data - 2015 0 125 250 Feet 500 54 2020-21 2018-19 W,ne Country Capital Improvement Program Fiscal Years 2018-22 OVERLAND DRIVE EXTENSION (COMMERCE CENTER DRIVE TO WEST OF ENTERPRISE CIRCLE) Circulation Project Project Description: This project includes the design and construction of the extension of Overland Drive from Commerce Center Drive to Murrieta Creek, just west of Enterprise Circle West. This project also includes environmental studies, acquisition of right-of- way, new road improvements and installation of new traffic signals at Overland Drive intersections with Commerce Center Drive. Benefit / Core Value: This project improves traffic circulation and access to Overland Drive freeway over -crossing. In addition, this project satisfies the City's Core Value of Transportation Mobility and Connectivity. Project Status: The design of the project and the environmental document are complete. The city is working on finalizing all right-of- way acquisitions. Department: Public Works - Account No. 210.165.602 PW00-26 & PW16-06 & PW 15-13 Level: Project Cost: Prior Years FYE 2017 2017-18 Actual Carryover Adopted 2018-19 Expenditures Budget Appropriation Projected 2019-20 Projected 2021-22 Projected 2020-21 and Future Total Project Projected Years Cost Administration $ 433,960 $ 107,627 $ 541,587 Acquisition $ 5,018,028 $ 350,982 $ 5,369,010 Construction $ 59,596 $ 1,538,457 $ - $ - $ - $ - $ - $ 1,598,053 Construction Engineering $ 1,000 $ 64,582 $ 65,582 Design/Environmental $ 680,570 $ 143,365 $ 823,935 Utilities $ 24,237 $ 944 $ 25,181 Totals $ 6,217,391 $ 2,205,957 $ - $ - $ - $ - $ - $ 8,423,348 Source of Funds: Prior Years FYE 2017 2017-18 Actual Carryover Adopted 2018-19 Expenditures Budget Appropriation Projected 2019-20 Projected 2020-21 2021-22 Total Project Projected Projected Cost General Fund $ 235,422 $ 235,422 DIF (Street Improvements) $ 5,981,969 $ 2,205,957 $ 8,187,926 Total Funding: $ 6,217,391 $ 2,205,957 $ - $ - $ - $ - $ - $ 8,423,348 Future Operation & Maintenance Costs: 2017-18 2019-20 2021-22 63 Item No. 7 Approvals City Attorney Director of Finance City Manager Mr - CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick A. Thomas, Director of Public Works / City Engineer DATE: September 5, 2017 SUBJECT: Authorize the City Manager to Approve Agreements for Excavation Monitoring for Interstate 15 / State Route 79 South Ultimate Interchange, PW04-08 PREPARED BY: Amer Attar, Principal Engineer Avlin R. Odviar, Senior Civil Engineer RECOMMENDATION: That the City Council authorize the City Manager to approve agreements for excavation monitoring in excess of $30,000, but totaling no more than $100,000, for Interstate 15 / State Route 79 South Ultimate Interchange, PW04-08. BACKGROUND: In accordance with the approved Environmental Document for Interstate 15 / State Route 79 South Ultimate Interchange (Project), the City must ensure that ground -disturbing activities such as clearing and grubbing, excavating, grading, trenching, and drilling are monitored for potential unearthing of paleontological, archeological, cultural, anthropological, fossil, or historical resources. The type, intensity, and location of the construction activities dictate the intensity and frequency of monitoring, as well as the parties to be involved in the monitoring. Authorizing the City Manager to approve these activities in excess of $30,000 will facilitate the flexibility needed to deploy monitors expeditiously to match on-going construction activities. On June 13, 2017, City Council adopted Resolution No. 17-33. Section 6 of the Resolution lists several controls placed on the use of budget appropriations, including Item B. The City Manager may authorize expenditures of funds in amounts up to $30,000. Any expenditure of funds in excess of $30,000 requires City Council action. FISCAL IMPACT: The Interstate 15 / State Route 79 South Ultimate Interchange Project is included in the City's Capital Improvement Program Fiscal Years 2018-22. Construction costs are funded by several sources including Safe, Accountable, Flexible, Efficient, Transportation Equity Act — Legacy for Users (SAFETEA-LU), Surface Transportation Program (STP), Senate Bill 621, and Transportation Uniform Mitigation Fee (TUMF) pursuant to Agreement Nos. 11-72-041-00 and 13 -SW -TEM -1163. There are sufficient funds in the project account to cover the cost of excavation monitoring up to $100,000. ATTACHMENTS: 1. Project Description 2. Project Location FLA 1 of Southern Wme Country Capital Improvement Program Fiscal Years 2018-22 INTERSTATE 15 / STATE ROUTE 79 SOUTH ULTIMATE INTERCHANGE Circulation Project Project Description: This project includes right-of-way acquisition, design, environmental clearance, and construction of a ramp system that will improve access to Interstatel5 from Temecula Parkway/State Route 79 South. The interchange will accommodate traffic generated by future development of the City's General Plan land use as well as regional traffic volume increases forecasted for the year 2037. This project is crucial, as the projected traffic volume increases currently exceed the capacity of the existing interchange improvements constructed by the Riverside County Transportation Department. Benefit / Core Value: This project will improve circulation, freeway access, and level of service at the Interstate 15 and Temecula Parkway / State Route 79 South intersection. In addition, this project satisfies the City's Core Value of Transportation Mobility and Connectivity. Project Status: Environmental clearance was completed in 2010. Right -of -Way acquisition and utility easements were completed in 2013. Design and preparation of constuction Plans, Specifications, and Estimate was completed in 2016. The construction contract was advertised and awarded in 2016-17. Construction is scheduled to start during Fiscal Year 2017-18. Department: Public Works - Account No. 210.165.662 PW04-08 Level: I Project Cost: Prior Years Actual Expenditures FYE 2017 Carryover Budget 2017-18 Adopted 2018-19 Appropriation Projected 2019-20 Projected 2020-21 Projected 2021-22 Projected and Future Total Project Years Cost Administration $ 929,548 $ 141,983 $ 200,000 $ 150,000 $ 1,421,531 Acquisition $ 13,032,631 $ 151,097 $ 13,183,728 Construction $ 104,088 $ 27,564,105 $ 640,000 $ 672,872 $ 28,308,193 Construction Engineering $ 3,625,000 $ 522,872 $ 4,147,872 Design $ 4,103,841 $ 24,087 $ 100,000 $ 4,227,928 MSHCP $ 1,400,000 $ 670,705 $ 670,705 Totals $ 18,170,108 $ 32,176,977 $ 940,000 $ 672,872 $ - $ - $ - $ 51,959,957 Source of Funds: Prior Years Actual Expenditures FYE 2017 Carryover Budget 2017-18 Adopted 2018-19 Appropriation Projected 2019-20 Projected 2020-21 Projected 2021-22 Total Project Projected Cost CFD (Crowne Hill) Reimbursement/ Other (Morgan Hill) $ 502,211 $ 1,190,582 $ 502,211 $ 1,190,582 SAFETEA-LU $ 1,439,840 $ 1,439,840 Senate Bill 621 $ 10,625,315 $ 3,040,333 $ 200,000 $ 672,872 $ 14,538,520 STP (RcTc) "' $ 12,976,000 $ 12,976,000 TUMF (Rc-rcicETAP)(21 $ 4,452,000 $ 4,452,000 TUMF (RCTC/Region)13 $ 1,400,000 $ 4,000,000 $ 5,400,000 TUMF (WRCOG)1" $ 10,025,244 $ 10,025,244 Reimbursement/RCWD $ 280,560 $ 280,560 Reimbursement/EMWD $ 415,000 $ 415,000 Reimbursement/Lease $ 740,000 $ 740,000 Total Funding: $ 18,170,108 $ 32,176,977 $ 940,000 $ 672,872 $ - $ - $ 51,959,957 Future Operation & Maintenance Costs: 2017-18 2018-19 2019-20 2020-21 2021-22 $ 150,000 $ 153,000 $ 156,060 (1) SAFETEA-LU - Funding is pursuant to Authorization/Agreement Summary (E-76) (5.43% of Federal Participating Costs, up to $1,439,840) (2) STP(RCTC) - Funding is pursuan to Authorization/Agreement Summary (E-76)(48.93% of Federal Participating Costs, up to $12,976,000) (3) TUMF (RCTC/Region) - Funding is pursuant to RCTC Agreement No. 06-72-506 ($4,452,000 Total) (4) TUMF (RCTC/CETAP) - Funding is pursuant to RCTC Agreement No. 11-72-041-00 ($5,400,000 Total $1,400,000 ROW;$4,000,000 CON). (5) TUMF (WRCOG) - Funding is pursuant to WRCOG Agreement 13 -SW -TEM -1163($10,025,244 CON) (6) Pursuant to RCWD UA 23316 - RCWD shall reimburse City for actual costs of Additive Bid No. 01 ($280,560) (7) Pursuant to EMWD UA 23317 - EMWD shall reimburse City for actual costs of Additive Bid No. 02 ($415,000) (8) Revenues collected on Lease Agreement with Front Street - Service Station, LP dated September 11, 2013 (est. $740,000) 57 INTERSTATE -15 / STATE ROUTE 79 SOUTH ULTIMATE INTERCHANGE Circulation Project Location Aerial Data - March 2012 Feet 0 262.5 525 1,050 A 56 Item No. 8 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick A. Thomas, Director of Public Works/City Engineer DATE: September 5, 2017 SUBJECT: Approve a Fee Waiver for Grading Plan Check Fees for the Meadowview Streambed Restoration Project PREPARED BY: Mayra De La Torre, Principal Civil Engineer, Land Development RECOMMENDATION: That the City Council approve a fee waiver for grading plan check fees for the Meadowview Streambed Restoration project. BACKGROUND: The Meadowview Community Association (MCA) is one of many associations that lies within the limits of the City of Temecula. The Association's 400 -acre natural area is bisected by an intermittent creek which, in the last several years, has developed significant vertical and collapsing banks. This condition has made areas adjacent to the creek banks extremely dangerous due to bank instability. The Directors of MCA have been concerned about the creek's erosion as it creates unsafe conditions for many walkers, cyclists, and equestrians who use the area daily. Throughout the recent years, MCA has been driven to resolve this unsafe condition proactively and moved forward with a voluntary streambed restoration project within its open space. Understanding the value in partnerships, they have partnered with various agencies to find a viable solution. These agencies include Riverside County Flood Control and Water Conservation District (RCFC&WCD), US Department of Agriculture (USDA)/National Resources Conservation Service (NRCS), US Army Corp, Department of Fish & Wildlife, and the San Diego Regional Water Quality Control Board. Together they are proposing the Meadowview Streambed Restoration Project, which is a 4.25 -acre habitat restoration project, will involve streambed stabilization with native vegetation and bio -engineering techniques. This will include laying back cut banks and adding rock, compost rolls, and vegetation planting, and staking along the entire project length of approximately 1,200 feet to ultimately improve public safety, increase habitat and recreational values, and reduce erosion and sedimentation along the creek banks. This project has evolved via a collaborative process to include its design, construction, restoration, maintenance, and funding. MCA is the "Applicant" for the project, which is being sponsored by USDA/NRCS and RCFC&WCD. The project is being designed by USDA/NRCS. RCFC&WCD and MCA are currently working on a Cooperative Agreement, which will set each of their roles and responsibilities on this project. Namely, RCFC&WCD will be responsible for the grading and rock placement activities, and MCA will be responsible for obtaining the required permits, installing the restoration and providing the required long-term maintenance. Regarding funding, RCFC&WCD will fund the grading/rock placement activities and some hydro -seeding costs. MCA will fund the stabilization phase, the restoration phase, and the long- term maintenance phase with $150,000 in grant and community money. Regulatory permitting and CEQA clearances have been addressed. The regulatory agency permits (i.e., US Army Corp's 404 Permit, Department of Fish & Wildlife's 1600 Permit, and the Regional Board's 401 Permit) have been obtained, as well as the WDID number (9000003180). RCFC&WCD filed a Notice of Exemption (NOE). It was determined that the project qualifies for a "Class 33 Categorical Exemption" pursuant to Article 19 of the CEQA Guidelines Section 15333, Small Habitat Restoration Projects. Teri Biancardi, Director of MCA, is leading the Association's efforts to coordinate this project with the City of Temecula regarding any City permit requirements. Based on staff's findings that the project has been designed, approved, permitted, and environmentally cleared, the City's involvement will be minimal. Because the project is in the City limit and grading will be performed on private property, the City will require MCA to obtain a grading permit and pay the appropriate fees pursuant to the City's adopted Fee Schedule. The grading permit will be issued ministerially, after staff plan checks the construction plans as it relates to "erosion and sediment control" items of work only (since these plans have already been approved by USDA/NRSC and RCFC&WCD). The City will not be involved in inspection activities as RCFC&WCD will be conducting inspections. On behalf of MCA, Teri Biancardi has submitted a letter requesting that the grading plan check fees of approximately $11,000 be waived due to the uniqueness of this project, as well as the derived benefits to the community, the City and agencies. Their reasons for requesting a fee waiver include the following: (1) the dangerous vertical banks are the result of hydro - modification caused by a RCFC&WCD culvert, upstream of the Meadowview streambed; and, (2) the City would benefit financially by reducing its maintenance costs associated with removing sediment from a retention basin downstream of Meadowview's streambed. Currently, the City spends approximate $40,000 per sediment removal activity on this retention basin; and removal activities are typically performed at least two times per year. Because the City's Fee Schedule was established by Resolution, staff is not authorized to waive fees. Thus, staff requests City Council to consider MCA's request as moving this project forward into its construction phase will increase public safety and benefit the community. FISCAL IMPACT: There is no fiscal impact as a result of the fee waiver for this project when compared to the City's cost savings in maintenance costs. ATTACHMENTS: 1. MCA Letter dated August 11, 2017) 2. Location Map Ateadowview Community August 11, 2017 Pat Thomas Director of Public Works City of Temecula 41000 Main Street, Temecula CA 92590 Dear Pat Thomas, i �►��ti of As we have discussed on several occasions, Meadowview Community Association (MCA) is planning to move forward early next year with a voluntary stream restoration in its open space. The Meadowview Stream Restoration Project (MSRP) is being drivers by the need to rectify a dangerous public safety situation. It hasevolved over a number of years in a collaborative process which has drawn upon the expertise of many individuals from the public resource agencies as well as private entities. The Association's 400 acre natural area is bisected by an intermittent creek which, due to offsite stormwater being directed across this open space, has developed vertical creek banks standing, in places, at greater than ten feet tall. These banks are extremely unstable and collapse in large chunks during rain events, or when stood upon. The directors are very concerned that this creek poses a safety risk to the many walkers, cyclists and equestrians who -utilize the area daily. To resolve this situation, MCA has partnered with Riverside County Flood Control and Water Conservation District (RCFCWCD), who in early 2018 will grade these dangerous banks back to a 3:1 slope, which will then be planted with native plants by the Association. The MSRP is a "bio- engineered" project, which uses the power of nature to achieve human engineering objectives. It is a pioneer project of the sort that RCFCWCD hopes to do more of in the future, to improve public safety, water quality, increase habitat and recreational values. The City of Temecula stands also to benefit from this project, as the retention basin directly downstream from Meadowview Stream requires sediment removal on a bi-annual basis, even in drought years. This costs the City approximately $75,000 per removal. Lessening the sediment transfer caused by the upstream bank collapses will reduce the frequency and quantity of the removals. ,C I D z 7Z 3 ( ../eadowview Community Because this project occurs on private land, a grading permit is required by the City of Temecula. Plan check alone will cost the Association over $10,000. The Association respectfully requests the City waive these fees, for two reasons: 1) The dangerous creek banks are the result of hydro -modification, caused by the positioning of a 918CFS Flood Control culvert directly above Meadowivew's private property, and the installation of impervious surfaces in the upstream watershed. 2) The City stands to directly benefit financially from this project. I understand that this is not a decision that can be made by City staff, (who have been wonderfully helpful, by the way) but needs to be addressed by City Councillors. On behalf of the Association, respectfully request that you submit this letter for consideration by our representatives, at the September 12 council meeting. Regards, I(e, Teri Biancardi Director, Meadowview Home Owners' Association 30400 Via Norte, Temecula, CA 92591 ATTACHMENT 2 MEADOWVIEW STREAMBED RESTORATION PROJECT LOCATION MAP Pro ject site Tamaawla L❑CATION MAP (NTS) Item No. 9 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick A. Thomas, Director of Public Works/City Engineer DATE: September 5, 2017 SUBJECT: Approve Plans and Specifications, and Authorize the Solicitation of Construction Bids for the Traffic Signal Installation — Redhawk Parkway/Vail Ranch Parkway at El Chimisal Road/Tehachapi Pass, PW15-09 PREPARED BY: Avlin R. Odviar, Senior Civil Engineer — CIP Kendra Hannah-Meistrell, Associate Civil Engineer - CIP RECOMMENDATION: That the City Council: 1. Approve the Plans and Specifications, and authorize the Department of Public Works to solicit construction bids for the Traffic Signal Installation — Redhawk Parkway/Vail Ranch Parkway at El Chimisal Road/Tehachapi Pass, PW15-09; 2. Make a finding that this project is exempt from CEQA pursuant to Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. BACKGROUND: The Traffic Signal Installation - Redhawk ParkwayNail Ranch Parkway at El Chimisal Road/Tehachapi Pass project is necessary to mitigate impacts from traffic generated by the Terracina development outside the City limits. The City was able to secure funding from the developer of Terracina to contribute to the installation costs. The project is identified as part of the City's Capital Improvement Program for Fiscal Years 2018-22. The subject intersection is located on a major arterial adjacent to an elementary school. Vehicle movements are uncontrolled along the major arterial with entering stop signs at El Chimisal Road and Tehachapi Pass. This traffic signal is necessary and will improve school area safety and traffic circulation. This project is exempt from the CEQA requirements pursuant to Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. Section 15301 states that minor alteration which do not result in the expansion of the use of existing highways and streets are Class 1 activities, which is exempt from CEQA. Project plans and specifications are complete and the project is ready to be advertised for construction bids. The contract documents are available for review in the Director of Public Works' office. The Engineer's Construction Estimate for the project is $260,000, and the number of allowable working days is forty. FISCAL IMPACT: The Traffic Signal Installation - Redhawk Parkway/Vail Ranch Parkway at El Chimisal Road/Tehachapi Pass project is identified in the City's Capital Improvement Program, Fiscal Years 2018-22, and funded with Developer Contributions and Development Impact Fees — Traffic Signal. Adequate funds are available for the project. ATTACHMENTS: 1. Project Description 2. Project Location Capital Improvement Program Fiscal Years 2018-22 TRAFFIC SIGNAL INSTALLATION - CITYWIDE Circulation Project Signal Location Cost to Complete Year Funding Source Winchester Road at Roripaugh Road Signal Modification(3) $ 75,000 2016-17 DIF(Traffic) Vail Ranch Parkway at Tehachapi Pass/EI Chimisal Road(1) $ 250,000 2016-17 Developer Contributions $ 45,000 2016-17 DIF(Traffic) Meadows Parkway at Pauba Road(2) $ 379,968 2017-18 DIF(Traffic) Meadows Parkway at Leena Way(2) $ 242,000 2017-18 DIF(Traffic) De Portola Road at Campanula Way (East)(2) Rancho Califonia Road at Temecula Ridge(2) $ 260,000 2018-19 DIF(Traffic) $ 280,000 2018-19 DIF(Traffic) Meadows Parkway at Campanula Way (West)(2) $ 280,000 2019-20 DIF(Traffic) Rancho California Road at Tee Drive $ 295,000 2019-20 Measure S Rancho California Road at Promenade Chardonnay $ 55,000 2019-20 Measure S Rancho California Road at Promenade Chardonnay $ 240,000 2019-20 Unspecified Ynez Road at Waverly Lane $ 300,000 2020-21 Measure S Butterfield Stage Road at Rancho Vista Road $ 295,000 2021-22 Measure S Rancho Vista Road at Avenida de la Reina $ 105,000 2021-22 Measure S Rancho Vista Road at Avenida de la Reina $ 175,000 2021-22 Unspecified Ynez Road at Rancho Way $ 280,000 2021-22 Unspecified $ 3,556,968 (1) Developer Contributions is $250,000 (2) DIF Traffic Developer Reimbursement (3) Amount included in Carry over to be completed by June 2017. Fiscal Year 2016-17 $ 370,000 Fiscal Year 2017-18 $ 621,968 Fiscal Year 2018-19 $ 540,000 Fiscal Year 2019-20 $ 870,000 Fiscal Year 2020-21 $ 300,000 Fiscal Year 2021-22 $ 855,000 TOTAL: $ 3,556,968 74 Capital Improvement Program Fiscal Years 2018-22 TRAFFIC SIGNAL INSTALLATION - CITYWIDE Circulation Project Project Description: This project includes the design, construction, installation and modification of traffic signals at various locations throughout the City including: Rancho California Road, Ynez Road, Butterfield Stage Road, Meadows Parkway, Rancho Vista Road and Redhawk ParkwayNail Ranch Parkway. The project also includes reimbursement for developer installed traffic signals. Benefit / Core Value: This project improves traffic safety and circulation throughout the City. In addition, this project satisfies the City's Core Values of a Healthy and Livable City, A Safe and Prepared Community, and Transportation Mobility and Connectivity. Project Status: A priority list of traffic signals has been developed. The traffic signals scheduled for installation will be designed and constructed in the scheduled fiscal year. Reimbursements for developer installed traffic signals will be made as Development Impact Fee (DIF) traffic become available. Department: Public Works - Account No. 210.165.682 Level: I Project Cost: Prior Years Actual Expenditures FYE 2017 Carryover Budget 2017-18 Adopted Appropriation 2018-19 Projected 2019-20 Projected 2021-22 2020-21 Projected and Total Project Projected Future Years Cost Administration $ 68,168 $ 45,000 $ 30,000 $540,000 $ 280,000 $ 225,780 $ 143,168 Construction $ 85,800 $ 400,532 $ 349,468 $ 540,000 $ 870,000 $350,000 $ 805,000 $ 3,400,800 Design/Environmental $ 13,000 $ 250,000 $ 13,000 Totals $ 166,968 $ 445,532 $ 379,468 $540,000 $ 870,000 $350,000 $ 805,000 $3,556,968 Source of Funds: Prior Years Actual Expenditures FYE 2017 Carryover Budget 2017-18 Adopted Appropriation 2018-19 Projected 2019-20 2020-21 2021-22 Total Project Projected Projected Projected Cost DIF (Traffic Signals) $ 166,968 $ 195,532 $ 379,468 $540,000 $ 280,000 $ 225,780 $ 1,787,748 Developer Contributions $ 250,000 $ 250,000 Measure S $ 350,000 $350,000 $ 350,000 $ 1,050,000 Unspecified* $ 240,000 $ 229,220 $ 469,220 Total Funding: $ 166,968 $ 445,532 $ 379,468 $540,000 $ 870,000 $350,000 $ 805,000 $ 3,556,968 Future Operation & Maintenance Costs: 2017-18 2018-19 2019-20 2020-21 2021-22 1 $ 4,000 1 $ 8,000 1 $ 4,000 1 $ 8,000 1 *Project cannot be constructed until a funding source is identified 75 711E CITY OF TEIVIECUTiA TRAFFIC SIGNAL INSTALLATION - REDHAWK PARKWAY/VAIL RANCH PARKWAY AT EL CHIMISAL ROAD/TEHACHAPI PASS 682.3 0 341.14 682.3 Feet WGS_1984_ Web_ Mercator_ Auxiliary_ Sphere © Latitude Geographics Group Ltd. This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION Legend [� Parcels Highways HWY INTERCHANGE INTERSTATE OFFRAMP ONRAMP USHWY Street Names City of Temecula Boundary Notes Item No. 10 Approvals City Attorney Director of Finance City Manager TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: September 5, 2017 SUBJECT: Authorize the Director of Public Works to Execute the Extra Work Authorization for Grant Application Services for French Valley Parkway/Interstate 15 Improvements — Phase !land 111, PW16-01 PREPARED BY: Patrick Thomas, Director of Public Works/City Engineer RECOMMENDATION: Authorize the Director of Public Works to execute the Extra Work Authorization to the Agreement for Consultant Services with T.Y. Lin International for the preparation and submittal of an application for the Infrastructure for Rebuilding America (INFRA) Grant for French Valley Parkway / Interstate 15 Improvements — Phase II and 111, PW16-01. BACKGROUND: The Nationally Significant Freight and Highway Projects, Infrastructure for Rebuilding America (INFRA) program provides federal financial assistance to highway and freight projects of national and regional significance. To maximize the value of fiscal year 2017-18 INFRA funds, the U.S. Department of Transportation (USDOT) is focusing the competition on transportation infrastructure projects that support four key objectives: 1. Supporting economic vitality at the national and regional level; 2. Leveraging federal funding to attract other non-federal sources of infrastructure investment, as well as accounting for life -cycle costs of projects; 3. Using innovative approaches to improve safety and expedite project delivery; and 4. Holding grant recipients accountable for their performance and achieving specific, measureable outcomes identified by grant applicants. The Notice of Funding Opportunity for INFRA grants for fiscal year 2017-18 funding was opened on August 1, 2017. Applications must be submitted by 8:00 p.m. on November 2, 2017. INFRA grants may be used for up to sixty percent of future eligible project costs. It is anticipated that grant awards will be announced in spring 2018. City staff requested T.Y. Lin International provide a proposal for preparation and submittal of the application for the INFRA Grant. The project to be submitted for the funding opportunity is the combination of Phase !land 111 of the French Valley Parkway / Interstate 15 Improvements. The total estimated cost of the project included in the grant application is approximately $200,000,000. FISCAL IMPACT: The Extra Work Authorization for preparation and submittal of application for INFRA Grant is in the amount of $69,460. The original Agreement amount for the French Valley Parkway / Interstate 15 Improvements — Phase II was $3,947,823, and the total amount authorized to date will be $4,017,283. There are adequate funds available in the current budget for this Extra Work Authorization. ATTACHMENT: Extra Work Authorization No. 01 CITY OF TEMECULA Extra Work Authorization No. 01 AGMT NO.16-213 PROJECT NO. PW16-01 Page 1 of 3 PROJECT: French Valley Parkway/I-15 Improvements — Phase II TO CONSULTANT: T.Y. Lin International NOTE: This extra work authorization is not effective until approved by the City Manager. EXTRA WORK REQUESTED BY: City SCOPE OF WORK: Preparation and Submittal of an application for an INFRA Grant The U.S. Department of Transportation (Department) issued a Notice of Funding Opportunity (NOFO) for the INFRA Grants for Fiscal Years 2017 and 2018. The INFRA grant program is authorized as the Nationally Significant Freight and Highway Projects program at 23 U.S.C. 117 and advances a pre- existing grant program established in the FAST Act of 2015. The Department formerly referred to INFRA grants as Fostering Advancements in Shipping and Transportation for the Long-term Achievement of National Efficiencies (FASTLANE) grants. The Department has renamed the program Infrastructure For Rebuilding America (INFRA), to call attention to new priorities: Rebuilding and revitalizing the economy through infrastructure investment. The project to be submitted for the funding opportunity is the combination of Phase II and Phase III of the French Valley Parkway/I-15 Improvements Project. Consultant will complete the following tasks for the preparation and submittal of an application for an INFRA grant. All tasks will be completed prior to the November 2, 2017 grant application deadline. Task 1 — Project Management. Consultant will complete administrative tasks for project set-up, tracking and monitoring progress, and coordination meetings (two assumed) for an assumed duration of two months. Consultant will also be responsible for the quality control review of all components of the application package. Task 2 — Research and Coordination. Consultant will collect, compile and review pertinent project reports, plans, estimates, and data needed for documenting the application narrative. Coordination with City staff will be necessary to obtain the reference material and verification as necessary, and to obtain input on the City's preferences for presenting the material in the grant application package. Task 3 — Application Preparation. Consultant will generate the components of the project narrative. Following the program guidelines and instructions, the complete project narrative that accompanies the application forms will be prepared, including: • Cover sheet, Project Narrative consisting of: o Summary — description, previously incurred costs, location maps, and participants, o Funding — grant funds, sources and uses of project funds, o Merit criteria — explanations and justifications for how the project complies with the program criteria addressing economic vitality, leveraging of federal funding, innovation, and performance/accountability, o Project readiness — documentation of technical feasibility, schedule, required approvals obtained, and assessment of project risks and proposed mitigation CITY OF TEMECULA Extra Work Authorization No. 01 AGMT NO.16-213 PROJECT NO. PW16-01 Page 2 of 3 strategies, Benefit -Cost Analysis. This analysis must include full costs of developing, constructing, operating and maintaining the project. Task 4 — Application Submittal. Consultant will fill in the application forms on the grants.gov website and upload project narrative components and supporting documentation for a complete application package. SUMMARY OF FEES: FRENCH VALLEY PARKWAY/I-15 OVERCROSSING & INTERCHANGE Task 1 — Project Management $ 10,300.00 Task 2 — Research and Coordination $ 14,080.00 Task 3 — Application Preparation $ 37,620.00 Task 4 — Application Submittal $ 7,160.00 Task 5 — Other Direct Costs $ 300.00 SR -79 WINCHESTER ROAD/I-15 INTERCHANGE Task 1 — Project Management $ 0.00 Task 2 — Research and Coordination $ 0.00 Task 3 — Application Preparation $ 0.00 Task 4 — Application Submittal $ 0.00 Task 5 — Other Direct Costs $ 0.00 TOTAL COST OF Extra Work Authorization No. 01 $ 69,460.00 CONTRACT SUMMARY Original Agreement Amount $ 3,947,823.00 Previously Approved Amendments & Extra Work Authorizations $ 0.00 This Extra Work Authorization No. 01 $ 69,460.00 Total Authorized to Date $ 4,017,283.00 CITY OF TEMECULA Extra Work Authorization No. 01 AGMT NO.16-213 PROJECT NO. PW16-01 Page 3 of 3 Prepared by: Submitted by: Approved: City of Temecula — Kendra Hannah-Meistrell, P.E. Associate Civil Engineer City of Temecula — Avlin R. Odviar, P.E. Senior Civil Engineer (as authorized City of Temecula — Patrick Thomas, P.E. by City Manager) Director of Public Works/City Engineer Date: Date: Date: Accepted: Date: By: Name: Signature Mark Ashley, P.E. Printed Consultant: T.Y. Lin International Title: Senior Vice President Item No. 11 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick A. Thomas, Director of Public Works/City Engineer DATE: September 5, 2017 SUBJECT: Approve an Increase to the Contingency for the Pavement Rehabilitation Program — Residential Slurry Seal, PW17-03 PREPARED BY: Amer Attar, Principal Civil Engineer RECOMMENDATION: That the City Council: 1. Approve an increase to the contingency, in the amount of $140,000, for the Pavement Rehabilitation Program — Residential Slurry Seal, PW17-03; 2. Increase the City Manager authority to approve contract change orders by the same amount. BACKGROUND: On April 25, 2017, the City Council awarded a construction Contract to American Asphalt South, Inc., in the amount of $1,796,532.84, for the Pavement Rehabilitation Program — Residential Slurry Seal, PW17-03. In addition, the City Council authorized the City Manager to approve change orders not to exceed the contingency amount of $179,653.28, which is equal to 10% of the Contract amount. The Pavement Rehabilitation Program - Residential Slurry Seal is a project that was initiated as a direct result of voters' approval of Measure "S" in November 2016. The project is currently under construction. It is utilizing slurry to seal the roadways against water intrusion and deterioration of asphalt concrete pavement wearing surface. Construction involves roadway preparation by removal of existing striping and markings, and cleaning and sealing large cracks. This is followed by application of slurry seal and subsequent restoration of striping and pavement markings. Staff has identified the street locations based on a previously completed Pavement Management System (PMS) study, current pavement conditions, time elapsed since the last preventative maintenance measure and geographical proximity. The areas that were included under this slurry seal project are: Area Neighborhood 1 Harveston 2 Avendale/Barclay 3 Industrial Area — North Jefferson Business Park 4 Woodcrest Country, The Villages, Ridgeview, Promenade Mall at Temecula, Costain Signet, Rancho Del Sol, Rancho Solana, Verano 5 Crowne Hill 6 (Additive) Wolf Creek The project Specifications included a Base Bid, which comprises Areas 1 through 5, in addition to an Additive Bid to slurry the Wolf Creek neighborhood (Area 6) if the bids were low enough to allow the addition of this area. Area 6 was included in the contract The Contractor has completed most of the work and is currently working in the Wolf Creek area (Area 6). It has come to the attention of staff that Wolf Creek Drive South and Wolf Creek Drive North were not included in the project. It is apparent in the field that both segments of Wolf Creek Drive should be added to this project. Staff requested a proposal from the Contractor for the slurry of this street. A proposal in the amount of $107,665.40 was just delivered to the City. This proposal includes Traffic Control, Type I RPMS slurry (at the Contract unit price), removal of striping, and replacement of striping. The proposal excluded crack weeding, cleaning and sealing. Staff is still discussing the proposal and the final scope with the Contractor at the time the report is being prepared. However, staff is confident that the requested amount will be sufficient to complete the additional work and any unforeseen conditions until the completion of the project. It should be noted that the current 10% contingency is just about exhausted. FISCAL IMPACT: The Pavement Rehabilitation Program - Residential Slurry Seal project is identified in the City's Capital Improvement Program, Fiscal Years 2018-22, and is funded with the General Fund, Measure A, and Measure "S." sufficient funds are available in the project accounts to cover the requested increase to the contingency of $140,000. ATTACHMENTS: 1. Slurry Seal Street List 2. Location Maps SLURRY SEAL STREET LIST for PAVEMENT REHABILITATION PROGRAM — RESIDENTIAL SLURRY SEAL, PW17-03 Area 1 Harveston Neighborhood 12.95 Total Lane Miles 3,138,687 Total Square Feet ABERDEEN LN EDENTON WY SALEM WY ALBANY CT EMERY DR SARASOTA LN ALBION CT EVANSTON PL SAVOY LN AMESBURY LN EVERETT WY SHERBOURNE PL ANN ARBOR PL FAIRMONT PL SOMMERVILLE LN ANNAPOLIS DR FRANKFORT LN SOUTH LAKE DR ANSELMO WY GALLATIN CT SPRING PLACE CT ASHVILLE LN GARRISON DR SPRINGFIELD PL AUBURN LN GLOUCESTER CT ST AUGUSTINE PL AUGUSTA RD GREENSTONE ST STOWE RD AVON LN HARVESTON DR TOPSFIELD CT AYER LN HARVESTON SCHOOL RD TOWNSHIP RD BALBOA DR HARVESTON WY TRENTON CT BAR HARBOR LN KENILWORTH WY VILLAGE RD BELLEVUE DR KENNEBUNK CT WAVERLY LN BLACKSTONE RD LAKE FRONT RD WELLSLEY CT BOOTH BAY RD LAKEVIEW RD WENHAM WY BRANDON LN LANDINGS RD WESTCHESTER CT BRIDGEHAMPTON RD LANDRUM PL WILLIAMSBURG PL BRISTOL RD LAUREL LN WILLISTON CT CAMBRIDGE PL LEXINGTON RD WORTHINGTON PL CAMDEN CT LOCK HAVEN CT CANTON CT LOGAN CT CAPE CHARLES DR LONGLEAF ST CAPE COD LN LOVETTSVILLE LN CHARLESBURG DR MARTHAS VINEYARD LN CHARLESTON LN MEDFORD RD CHATHAM LN MENDOCINO LN CHERRYGROVE CT NANTUCKET RD CHEVERLY CT NEW HAVEN RD CLARION CT NEWPORT RD CORRIGAN PL OAK PARK LN COURTLAND WY OAKHURST WY CROFTON PL PASADENA DR CUMBERLAND RD PLYMOUTH WY DALTON RD PORTLAND CT DANBURY CT PRESCOTT WY DATE ST PROVIDENCE RD DAVENPORT CT QUINCY LN DAVENPORT LN ROSEWELL CT DAYTON LN SLURRY SEAL STREET LIST for PAVEMENT REHABILITATION PROGRAM — RESIDENTIAL SLURRY SEAL, PW17-03 Area 2 Avendale / Barclay Estates Neighborhoods 2.56 Total Lane Miles 546,676 Total Square Feet ANDREWS WY JONS PL SANJAY CT CHANDLER DR MEADOW VIEW CIR SERAPHINA RD DIEGO DR NORTHGATE PKY SHREE RD EASTGATE PKY PARK VISTA CIR SONIA LN GRAND VIEW CIR PARKVIEW DR SOUTHGATE WY HIGHLAND VISTA CIR RITA WY SUZI LN HILLCREST DR TERRACE VIEW CIR Area 3 Industrial Area — North Jefferson Business Park 0.78 Total Lane Miles 275,480 Total Square Feet BUECKING DR MADISON AV MC CABE CT SANBORN AV SLURRY SEAL STREET LIST for PAVEMENT REHABILITATION PROGRAM — RESIDENTIAL SLURRY SEAL, PW17-03 Area 4 Woodcrest Country, The Villages, Ridgeview, Promenade Mall at Temecula, Costain Signet, Rancho Del Sol, Rancho Solana, Verano Neighborhoods 15.99 Total Lane Miles 3,581,490 Total Square Feet AMWOOD WY HOLLYBERRY LN TEATREE CT ANACONDA CT HUMBER DR TRADEWATER CT AVENIDA CIMA DEL SOL IRON BARK CT VAIL BROOK DR AVENIDA SONOMA KAFFIRBOOM CT VIA BESO DEL SOL AVENIDA VISTA LADERA KIOWA RIVER CT VIA CUESTA AL SOL BARGIL CT KO RIVER CT VIA LA VIDA BIG SAGE CT LA SERENA WY VIA LAS CHACRAS BITTER CREEK CT LONG VALLEY DR VIA PUESTA DEL SOL BRANDEIS CIR LOS CAMPOS VERDE VIA RENATE BRAVOS CT LYNDIE LN WAYNEWOOD DR CALLE ARANDA MARHILL CIR WHITE ROCKS CIR CALLE FUEGO MARWOOD CIR WILLOW RUN RD CALLE PALMAS MEADE RIVER CT WINDWOOD CIR CALLE PANTANO MERSEY CT YANKEE RUN CT CALLE PINA COLADA MORAGA RD YUBA CIR CALLE PRIMA VERA NICOLE LN YUKON RD CARLETON WY NIGHTCREST CIR CHURCHILL CT NIGHTVIEW CIR COPPERBEECH LN ORCHID CT CORTE CANTANIA PASEO BRILLANTE CORTE CANTERA PASEO RAYO DEL SOL CORTE CARRIZO PASEO SONRISA DEL SOL CORTE CASTILLE RAMSEY CT CORTE FALDAS RED RIVER CIR CORTE GRANADA RIO GRANDE DR CORTE PLATA ROANOAKE ST CORTE SAN LUIS ROGUE CIR CORTE SELVA RUBICON CIR CORTE TOLANO RYCREST DR DAHLIA WY SALT RIVER CT DANUBE CT SELBY CIR DAWNCREST CIR SHENANDOAH CT DEAL CT SHOREWOOD CT DEEPWOOD CIR SKYWOOD DR ELGIN CT SOLANA WY FEATHER CT SOUTH GENERAL KEARNY RD GEORGETOWN LN STONEWOOD RD GILWOOD CT SWEETSHADE LN . GUADALUPE CT SLURRY SEAL STREET LIST for PAVEMENT REHABILITATION PROGRAM — RESIDENTIAL SLURRY SEAL, PW17-03 Area 5 Crowne Hill Neighborhood 14.26 Total Lane Miles 2,919,208 Total Square Feet ADEN CR JANDA CT TIEMPO CR ASHLEY ROSE CT JOHN WY TOPEKA CT BIGH CT JOLENE CT TRESTLE LN BRADSHAW DR JOLLE CT TRINI CT BROOKWAY DR KENSINGTON PL VANDAMERE CT CALLE MORITA KNIGHTSBRIDGE WY VERMONT RD CAMELOT RD LANCASHIRE COMMON VIA ALVARO CAMINO ROMO LARRY LEE LN VIA ANGELES CASTLE CT LYLES DR VIA AZALEA CINNAMON LN MAIDSTONE CT VIA CHAPPARO CORTE BONILLA MAJESTIC CT VIA SABINO CORTE CASTRO MANCHESTER CT VICTORIA CT CORTE EBANO MEADE CR WAKEEN CR CORTE FIGUEROA MONROY CR WHISTLE CT CORTE MANGARINO NACKE DR WYANDOTTE ST CORTE MENDOZA NICHOLAS COMMON CORTE PORFIRIO NOBLE CT CORTE RUIZ NORTHSHIRE CR CORTE VILLOSA OLD KENT RD CORTE YACA OSLO CR CROWNE HILL DR PAMPA CT DAHL DR PAOLI CT DEVANT CR PARAGUAY DR DRENNON CT PLIANCE WY DUPONT ST PUDDING CT ELIZABETH RD REGENTS HILL CIR ESSER CT RIVERA DR FABER CT ROTHENBERG DR FIJI WY ROYAL CREST PL FOX RD RUDY CT GARCIA WY SAGE CT GATESHEAD CT SAN JOSE CT GLICK CT SAN JUAN CT GRANDCOLAS DR SPARKS CT GRONLUND CT STONEFIELD LN GUADAGNO DR SUVA LN HARWICK LN SWOBODA CT HILL ST HUSSAR CT SLURRY SEAL STREET LIST for PAVEMENT REHABILITATION PROGRAM - RESIDENTIAL SLURRY SEAL, PW17-03 Area 6 (Additive) Wolf Creek Neighborhood 11.94 Total Lane Miles 2,528,780 Total Square Feet ALPINE CT HAWK CT RED MOUNTAIN WY ALPINE PL HAZEL WY RED PINE WY ANTELOPE PL HICKORY PL REDWOOD RD ASPEN WY HONEYSUCKLE CT ROCKY BAR DR BADGER WY HUMMINGBIRD WY ROCKY TRAIL LN BASSWOOD CT HUNTER LODGE LN SAWTOOTH LN BAYBERRY PL HUNTER TR SEAGULL WY BEAVER CREEK LN IRONWOOD WY SEASTAR PL BEECH CT JAGUAR WY SEQUOIA CT BIRCH CT JAYBEE LN SHADE TREE CT BISON CT JUNIPER PL SHASTA LN BITTERROOT CT KLAMATH CT SIERRA CT BLUEBEECH CT LILAC WY SIERRA RIDGE WY BOULDER WY LIVE OAK DR SILVERMINE WY BRISTLECONE CT LOCUST CT SIX RIVERS CT CABIN CT LODGE HOUSE CT SPRUCE CT CANYON CREST CT LOGGER TR SWEETGUM PL CEDAR CREST CT LONE PINE DR SYCAMORE LN CEDAR WY LYON LN TALL OAK CT CLOUDBURST LN MACAWS CT TAMARACK CT COLD CREEK CT MAGNOLIA PL TETON TR COPPER CREST LN MALLARD WY TIMBERMINE LN COTTONWOOD DR MANATEE WY WALLABY WY COYOTE CANYON MAPLE DR WHITE TAIL LN DAVANA WY MENDOCINO CT WILDWOOD CT DOMENGE WY MINER TR WOODSIDE CT DURANGO DR MOOSE CT YELLOWSTONE LN ELK GROVE CT MULE DEER WY YELLOWWOOD WY ELM PL MURDOCK LN YOSEMITE LN EUCALYPTUS CT NIGHTINGALE RD FALCON WY OLIVE CT FICUS WY OREGON LN FIRESIDE DR PEACOCK PL FOREST FALLS WY PENGUIN PL GOLD MINE DR PHEASANT PL GRANITE DR PINON PINE WY GRASS MEADOW WY PLUM WY GREEN OAK WY PONDEROSA CT PROVENZANO WY SLURRY SEAL STREET LIST for PAVEMENT REHABILITATION PROGRAM — RESIDENTIAL SLURRY SEAL, PW17-03 HOA's Containing Streets for Residential Slurry Seal Project Area 1 Harveston Area 2 Avendale/Barclay Estates Area 3 Industrial Area — North Jefferson Business Park Area 4 Woodcrest Country The Villages Ridgeview Promenade Mall at Temecula Costain Signet Rancho Del Sol Rancho Solana Verano Area 5 Crowne Hill Area 6 Wolf Creek Area 1 12.95 Lane Miles 3,138,687.83 Sq.Ft. Streets for Proposed Slurry Seal (Area 1) Street Centerline QCity Boundary 4 1 I 375 I 750 I 1 1,500 Feet Area 2 2.56 Lane Miles 546,676.57 Sq.Ft. FLA 0 INGO SANTALIE A CRUZ DR MILL VALLEY CT MAVERICK LN LAZY K DR PARKP01N 0 HISTLING ORES DR EVAN DR RRIETA HOT SPRINGS SKYLINE R SKYLINE DR SON IA LN 9G ithA ANDREWS WY V CHECK Streets for Proposed Slurry Seal (Area 2) Street Centerline QCity Boundary 0 250 500 INDIAN SUMMER RD GATLIN RD 1,000 Feet QUAIL RUN DR NICOLAS RD Area 3 0.78 Lane Miles 275,480.20 Sq.Ft. Streets for Proposed Slurry Seal (Area 3) Street Centerline QCity Boundary 1 I 250 I 500 I 4 1,000 Feet Area 4 15.99 Lane Miles 3,581,490.32 Sq.Ft. OVERLAND DR PUESTA `EL SOL AVENIDA o DELSOL E VIA MEDIA Q4✓/ /LLY A'[ ,re., N Streets for Proposed Slurry Seal (Area 4) Street Centerline QCity Boundary I 500 I 1,000 4 2,000 Feet v_ CRYSTALA RE DR NOR DR ALATA DR 1,10'9. - NN 000 Area 5 14.26 Lane Miles 2,919,208.34 Sq.Ft. CORTE POSITAS CORrF FLORECITA CAMINO NUNEZ CORTE CARME CAMINO SEN CASTL T LL MCCABE DR SUNNY ME °RTE IL VIA ARIAS CORTE CARR RRIGAN CT ROSADO CT CALLEAVELLA VIA JASSO ARAST CAI\5c44' BALLS' 0 VIACESARIO ANGEL° DR LANCASHIRE - Streets for Proposed Slurry Seal (Area 5) - Street Centerline QCity Boundary ALCOBA .R 500 1,000 2,000 Feet ADELAATE ST Area 6 11.94 Lane Miles 2,528,780.57 Sq.Ft. VARLOS J\P ti C'ysyco y n Q :ENPOP LORTF AO v�F�TNo sF�gr� 9 Pm o VIA COCDOBA n' A O R9 REOHAWK PIN Streets for Proposed Slurry Seal (Area 6) Street Centerline QCity Boundary 500 1,000 2,000 Feet o5, TEMECULA COMMUNITY SERVICES DISTRICT CONSENT Item No. 12 ACTION MINUTES August 22, 2017 City Council Chambers, 41000 Main Street, Temecula, California TEMECULA COMMUNITY SERVICES DISTRICT MEETING The Temecula Community Services District meeting convened at 7:46 PM CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar (absent), Rahn, Stewart, Comerchero CSD PUBLIC COMMENTS (None) CSD CONSENT CALENDAR 13 Approve the Action Minutes of August 8, 2017 - Approved Staff Recommendation (4-0, Naggar absent) Motion by Edwards, Second by Stewart; and electronic vote reflected approval by Edwards, Rahn, Stewart and Comerchero with Naggar absent. RECOMMENDATION: 13.1 That the Board of Directors approve the action minutes of August 8, 2017. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT At 7:47 PM, the Community Services District meeting was formally adjourned to Tuesday, September 5, 2017, with regular session commencing at 6:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Jeff Comerchero, President ATTEST: Randi Johl, Secretary [SEAL] CSD Action Minutes 082217 1 SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY CONSENT Item No. 13 Approvals City Attorney Director of Finance City Manager THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Board of Directors FROM: Jennifer Hennessy, Finance Officer DATE: September 5, 2017 SUBJECT: Authorize the Successor Agency to the Temecula Redevelopment Agency to Execute and Deliver a Housing Bond Proceeds Funding Agreement PREPARED BY: Jennifer Hennessy, Finance Officer RECOMMENDATION: That the Board of Directors adopt a resolution entitled: RESOLUTION NO. SARDA 17- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY APPROVING THE SUCCESSOR AGENCY'S EXECUTION OF A HOUSING BOND PROCEEDS FUNDING AGREEMENT AND THE TAKING OF RELATED ACTIONS BACKGROUND: Pursuant to AB X1 26, the City Council of the City of Temecula adopted Resolution No. 12-11 on January 24, 2012, electing for the City to retain the housing assets and housing functions previously performed by the former Redevelopment Agency of the City of Temecula (the "Former Agency"), as allowed by law, and thereby becoming the "Housing Successor." Before dissolution, the Former Agency issued bonds in 2010 and 2011 to finance low and moderate income housing projects (the "Housing Bonds"). According to the bond trustee's records, there remains approximately $12.5 million of unspent proceeds of the Housing Bonds (the "Remaining Housing Bond Proceeds"). Pursuant to Health and Safety Code Section 34176, the Housing Successor may designate the use of the remaining Housing Bond Proceeds, provided that such use is consistent with bond covenants. A designation by the Housing Successor must be listed on a Recognizable Obligation Payment Schedule ("ROPS") of the Successor Agency of the Temecula Redevelopment Agency. Under current law, the Successor Agency prepares a ROPS once a year. Each ROPS must be submitted to the Oversight Board and the DOF for approval. The Housing Successor has not yet entered into any specific contract committing to the use of the Housing Bond Proceeds on a project. The Housing Successor may choose to make designations to the Successor Agency regarding the use of the Housing Bond Proceeds after specific contracts have been identified, and based on the expenditures for each relevant six- month ROPS Period. However, in order for the Housing Successor to effectively and efficiently negotiate for and implement viable projects, it may be preferable for all of the Housing Bond Proceeds to be transferred to the Housing Successor at once. After such single transfer, the Housing Successor would be able to utilize the Housing Bond Proceeds without further timing restrictions and risks (of the Oversight Board's and the DOF's disapproval) imposed by the ROPS process. The one-time transfer of the Housing Bond Proceeds by the Successor Agency to the Housing Successor can be accomplished through a Housing Bond Proceeds Funding Agreement (the "Agreement"), between the Successor Agency and the City, as the Housing Successor, coupled with a listing of such transfer on the next ROPS. Under the Agreement, the Successor Agency will agree to transfer the remaining Housing Bond Proceeds to the Housing Successor at the beginning of the upcoming ROPS Period (which starts on July 1, 2018), and the Housing Successor will agree to use the Housing Bond Proceeds in a manner consistent with the bond covenants. Both of the Agreement and the ROPS will be subject to the review and approval by the Oversight Board and the DOF. FISCAL IMPACT: Assuming the Oversight Board's and the DOF's approval of the Housing Bond Proceeds Funding Agreement and the relevant item on the ROPS, the Successor Agency will transfer the remaining Housing Bond Proceeds to the Housing Successor at the commencement of the upcoming ROPS Period (which begins July 1, 2018). Thereafter, such money will be available for the Housing Successor to use for low and moderate income housing projects pursuant to the Housing Bond Proceeds Funding Agreement and applicable law. ATTACHMENTS: SARDA Resolution with Attachment A - Housing Bond Proceeds Funding Agreement RESOLUTION NO. SARDA 17- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY APPROVING THE SUCCESSOR AGENCY'S EXECUTION OF A HOUSING BOND PROCEEDS FUNDING AGREEMENT AND THE TAKING OF RELATED ACTIONS THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Recitals. The Board of Directors (this "Board") of the Successor Agency to the Temecula Redevelopment Agency (the "Successor Agency") hereby finds, determines and declares that: (a) The former Redevelopment Agency of the City of Temecula (the "Former Agency") issued multiple series of bonds, including the following: (i) its Temecula Redevelopment Project No. 1 Tax Allocation Housing Bonds, 2010 Series A (Tax Exempt) (the "2010A Bonds"), (ii) its Temecula Redevelopment Project No. 1 Tax Allocation Housing Bonds, 2010 Series B (Taxable Build America Bonds) (the "2010B Bonds"), and (iii) its Temecula Redevelopment Project No. 1 Tax Allocation Housing Bonds, 2011 Series A (the "2011A Bonds," and collectively with the 2010A Bonds and the 2010B Bonds, the "Housing Bonds"). (b) The 2010A Bonds and the 2010B Bonds were issued pursuant to an Indenture of Trust, dated as of March 1, 2010 (the "2010 Indenture"), by and between the Former Agency and U.S. Bank National Association, as trustee (the "Trustee"). (c) The 2011A Bonds were issued pursuant to the 2010 Indenture, as supplemented by a First Supplemental Indenture of Trust, dated as of March 1, 2011, by and between the Former Agency and the Trustee (as so supplemented, the "Indenture"). (d) The Housing Bonds were issued to finance projects in furtherance of the Former Agency's low and moderate income housing program. (e) Pursuant to AB X1 26 (enacted in June 2011) and the California Supreme Court's decision in California Redevelopment Association, et al. v. Ana Matosantos, et al., 53 Cal. 4th 231 (2011), the Former Agency was dissolved as of February 1, 2012, the Successor Agency was constituted, and an oversight board of the Successor Agency (the "Oversight Board") was established. (f) Pursuant to Section 34175(b) of the California Health and Safety Code ("HSC"), all assets, properties and contracts of the Former Agency, including the unspent proceeds of the Housing Bonds transferred to the control of the Successor Agency by operation of law. (g) Within the accounts of the Housing Projects Fund (as defined in the Indenture), there remain certain unspent proceeds of the 2010A Bonds (the "Remaining 2010A Bond Proceeds") and unspent proceeds of the 2010B Bonds (the "Remaining 2010B Bond Proceeds"). (h) Within the 2011 Housing Projects Fund (as defined in the Indenture), there remain certain unspent proceeds of the 2011A Bonds (collectively with the Remaining 2010A Bond Proceeds and the Remaining 2010B Bond Proceeds, the "Remaining Housing Bond Proceeds"). (i) Pursuant to HSC Section 34176(a), the City Council of the City of Temecula (the "City") adopted Resolution No. 12-11 on January 24, 2012, electing for the City to retain the housing assets and housing functions previously performed by the Former Agency, as allowed by law, and thereby becoming the "Housing Successor." (j) HSC Section 34176(g) provides that the Housing Successor may designate the use of, and commit, the Remaining Housing Bond Proceeds; provided that such use or commitment of Remaining Housing Bond Proceeds is consistent with the bond covenants. (k) HSC Section 34176(g) further provides that a designation of the use (or commitment) of the Remaining Housing Bond Proceeds must be listed on a Recognized Obligation Payment Schedule ("ROPS") and that the Housing Successor must provide notice to the Successor Agency regarding a designation of the use (or commitment) of the Remaining Housing Bond Proceeds before submitting the ROPS to the Oversight Board. (I) The Successor Agency received a copy of a resolution adopted by the City Council of the City, acting in its capacity as the Housing Successor, which provides for the Housing Successor's designation of the use of the Remaining Housing Bond Proceeds for projects to be engaged by the Housing Successor for the purpose of increasing, preserving and improving housing for low and moderate income persons (the "Housing Successor Projects"). (m) HSC Section 34176(g) provides that the review by the Successor Agency, the Oversight Board and the State Department of Finance of the Housing Successor's designations and commitments of the Remaining Housing Bond Proceeds shall be limited to a determination that the designations and commitments are consistent with bond covenants and that there are sufficient funds available therefor. (n) The Housing Successor and the Successor Agency desire to enter into a Housing Bond Proceeds Funding Agreement (the "Proceeds Funding Agreement") in connection with the use of the Remaining Housing Bond Proceeds for the Housing Successor Projects. (o) The Proceeds Funding Agreement is in furtherance of the winding down of the affairs of the Former Agency, with respect to the expenditure of the Remaining Housing Bond Proceeds as permitted under HSC Section 34176(g). Section 2. Approval of Agreement. The Proceeds Funding Agreement, in the form attached hereto as Attachment A, is hereby approved. Each of the Chair of this Board (or in the Chair's absence, the Vice Chair) and the Executive Director of the Successor Agency (each, an "Authorized Officer"), acting individually, is hereby authorized to execute and deliver, for and in the name of the Successor Agency, the Proceeds Funding Agreement, in substantially such form, with changes therein as the Authorized Officer executing the same may approve (such approval to be conclusively evidenced by the execution and delivery thereof); provided that such execution and delivery shall occur after the effectiveness (pursuant to Health and Safety Code Section 34179(h)) of the Oversight Board's resolution approving the execution and delivery of the Funding Agreement. Section 3. Request to Oversight Board for Approval. This Board hereby requests the Oversight Board to approve the execution and delivery of the Proceeds Funding Agreement. The Successor Agency Board Secretary is hereby directed to transmit this Resolution to the Oversight Board for consideration at the earliest possible date. Section 4. Other Acts. The Chair, the Vice Chair, the Executive Director and all other officers of the Successor Agency are hereby authorized, jointly and severally, to do all things, including the execution and delivery of documents and instruments, which they may deem necessary or proper to effectuate the purposes of this Resolution and the Proceeds Funding Agreement, and the implementation of the Proceeds Funding Agreement. The Successor Agency Board Secretary is authorized to attest to the Successor Agency officers' signatures to any such document or instrument. Section 5. Certification. The Board Secretary shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Successor Agency to the Temecula Redevelopment Agency this 5t" day of September, 2017. Maryann Edwards, Chair ATTEST: Randi Johl, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA I, Randi Johl, Secretary of the Successor Agency to the Temecula Redevelopment Agency, do hereby certify that the foregoing Resolution No. SARDA 17- was duly and regularly adopted by the Board of Directors of the Successor Agency to the Temecula Redevelopment Agency at a meeting thereof held on the 5th day of September, 2017, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: ABSENT: BOARD MEMBERS: Randi Johl, Secretary ATTACHMENT A Housing Bond Proceeds Funding Agreement (substantial final form) (see attached) HOUSING BOND PROCEEDS FUNDING AGREEMENT This HOUSING BOND PROCEEDS FUNDING AGREEMENT (this "Agreement"), dated as of , 2017, is entered into by and between the City of Temecula, in its capacity as the successor to the housing assets and functions of the former Redevelopment Agency of the City of Temecula (the "Housing Successor"), and the Successor Agency to the Temecula Redevelopment Agency (the "Successor Agency," and together with the Housing Successor, the "Parties"). RECITALS: A. The former Redevelopment Agency of the City of Temecula (the "Former Agency") issued multiple series of bonds, including the following: (i) its Temecula Redevelopment Project No. 1 Tax Allocation Housing Bonds, 2010 Series A (Tax Exempt) (the "2010A Bonds"), (ii) its Temecula Redevelopment Project No. 1 Tax Allocation Housing Bonds, 2010 Series B (Taxable Build America Bonds) (the "2010B Bonds"), and (iii) its Temecula Redevelopment Project No. 1 Tax Allocation Housing Bonds, 2011 Series A (the "2011A Bonds," and collectively with the 2010A Bonds and the 2010B Bonds, the "Housing Bonds"). B. The 2010A Bonds and the 2010B Bonds were issued pursuant to an Indenture of Trust, dated as of March 1, 2010 (the "2010 Indenture"), by and between the Former Agency and U.S. Bank National Association, as trustee (the "Trustee"). C. The 2011A Bonds were issued pursuant to the 2010 Indenture, as supplemented by a First Supplemental Indenture of Trust, dated as of March 1, 2011, by and between the Former Agency and the Trustee (as so supplemented, the "Indenture"). D. The Housing Bonds were issued to finance projects in furtherance of the Former Agency's low and moderate income housing program. E. Pursuant to AB X1 26 (enacted in June 2011) and the California Supreme Court's decision in California Redevelopment Association, et al. v. Ana Matosantos, et al., 53 Cal. 4th 231 (2011), the Former Agency was dissolved as of February 1, 2012, the Successor Agency was constituted, and an oversight board of the Successor Agency (the "Oversight Board") was established. F. Pursuant to Section 34175(b) of the California Health and Safety Code ("HSC"), all assets, properties and contracts of the Former Agency, including the unspent proceeds of the Housing Bonds transferred to the control of the Successor Agency by operation of law. G. Within the accounts of the Housing Projects Fund (as defined in the Indenture), there remain certain unspent proceeds of the 2010A Bonds (the "Remaining 2010A Bond Proceeds") and unspent proceeds of the 2010B Bonds (the "Remaining 2010B Bond Proceeds"). H. Within the 2011 Housing Projects Fund (as defined in the Indenture), there remain certain unspent proceeds of the 2011A Bonds (the "Remaining 2011A Bond Proceeds" and collectively with the Remaining 2010A Bond Proceeds and the Remaining 2010B Bond Proceeds, the "Remaining Housing Bond Proceeds"). I. Pursuant to HSC Section 34176(a), the City Council of the City of Temecula (the "City") adopted Resolution No. 12-11 on January 24, 2012, electing for the City to retain the housing assets and housing functions previously performed by the Former Agency, as allowed by law, and thereby becoming the Housing Successor. J. HSC Section 34176(g) provides that the Housing Successor may designate the use of, and commit, the Remaining Housing Bond Proceeds; provided that such use or commitment of Remaining Housing Bond Proceeds is consistent with the bond covenants. K. HSC Section 34176(g) further provides that a designation of the use (or commitment) of the Remaining Housing Bond Proceeds must be listed on a Recognized Obligation Payment Schedule ("ROPS") and that the Housing Successor must provide notice to the Successor Agency regarding a designation of the use (or commitment) of the Remaining Housing Bond Proceeds before submitting the ROPS to the Oversight Board. L. HSC Section 34176(g) provides that the review by the Successor Agency, the Oversight Board and the State Department of Finance (the "DOF") of the Housing Successor's designations and commitments of the Remaining Housing Bond Proceeds shall be limited to a determination that the designations and commitments are consistent with bond covenants and that there are sufficient funds available therefor. M. The Successor Agency received a copy of Resolution No. , adopted on , 2017, by the City Council of the City, acting in its capacity as the Housing Successor, which provides for the Housing Successor' s designation of the use of the Remaining Housing Bond Proceeds for proj ects to be engaged by the Housing Successor for the purpose of increasing, preserving and improving housing for low and moderate income persons (the "Housing Successor Projects"). N. The use of the Remaining Housing Bond Proceeds for the Housing Successor Projects shall be consistent with the covenants relating to the Housing Bonds. O. The Housing Successor and the Successor Agency desire to enter into this Agreement in connection with the use of the Remaining Housing Bond Proceeds for the Housing Successor Proj ects. P. This Agreement is in furtherance of the winding down of the affairs of the Former Agency, with respect to the expenditure of the Remaining Housing Bond Proceeds as permitted under HSC Section 34176(g). Q. Resolution No. adopted by the Oversight Board on , 2017, approving the Successor Agency' s execution and delivery of this Agreement was [approved] [deemed approved] by the DOF pursuant to HSC Section 34179(h) on , 2017. NOW, THEREFORE, THE PARTIES DO HEREBY AGREE AS FOLLOWS: Section 1. (a) For the ROPS ("ROPS 18-19") covering the period from July 1, 2018 through June 30, 2019 ("ROPS 18-19 Period"), the Successor Agency shall list the transfer of all of the Remaining Housing Bond Proceeds (including estimated interest earnings to the date of transfer under Section 1(b)) to the Housing Successor to be used for the costs of the Housing Successor Projects. (b) As soon as practicable after the commencement of the ROPS 18-19 Period, the Successor Agency shall transfer the Remaining Housing Bond Proceeds to the Housing Successor. Section 2. Upon receipt, the Housing Successor shall deposit the Remaining Housing Bond Proceeds into the Low and Moderate Income Housing Asset Fund, which fund has been established and is maintained by the Housing Successor pursuant to HSC Sections 34176 and 34176.1. Section 3. The Housing Successor shall use the Remaining Housing Bond Proceeds in a manner consistent with all applicable bond covenants and all applicable law. Section 4. Each Party shall maintain books and records regarding its duties pursuant to this Agreement. Such books and records shall be available for inspection by the officers and agents of the other Party at all reasonable times. Section 5. The Parties agree to take all appropriate steps and execute any documents which may reasonably be necessary or convenient to implement the intent of this Agreement. Section 6. This Agreement may be amended from time to time by written instrument executed by both Parties. Section 7. No official, agent, or employee of the Successor Agency or the City (whether or not acting in its capacity as the Housing Successor), or members of the City Council, or members of the Successor Agency Board of Directors or Oversight Board shall be individually or personally liable for any payment hereunder in the event of any default hereunder or breach hereof by the Successor Agency or the Housing Successor, or for any amount which may otherwise become due to the Housing Successor or Successor Agency, or successor thereto, or on any obligations under the terms or in furtherance of this Agreement. Section 8. This Agreement is made in the State of California under the Constitution and laws of the State of California, and is to be so construed. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized officers. SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY By Executive Director ATTEST: Board Secretary CITY OF TEMECULA, as Housing Successor By Mayor ATTEST: City Clerk Item No. 14 Approvals City Attorney Director of Finance City Manager THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Board of Directors FROM: Jennifer Hennessy, Finance Officer DATE: September 5, 2017 SUBJECT: Authorize the Successor Agency to the Temecula Redevelopment Agency to Execute and Deliver a 2007 Bond Proceeds Funding Agreement PREPARED BY: Jennifer Hennessy, Finance Officer RECOMMENDATION: That the Board of Directors adopt a resolution entitled: RESOLUTION NO. SARDA 17- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY APPROVING THE SUCCESSOR AGENCY'S EXECUTION OF A 2007 BOND PROCEEDS FUNDING AGREEMENT AND THE TAKING OF RELATED ACTIONS BACKGROUND: Before dissolution, the former Redevelopment Agency issued the multiple series of bonds, including its Temecula Redevelopment Project No. 1 2007 Tax Allocation Bonds (Subordinate Lien), in the principal amount of $15,790,000 (below, the "Bonds"). Proceeds of the Bonds were intended to be used to finance projects within or of benefit to Temecula Redevelopment Project No. 1 project area. According to the bond trustee's records, there is approximately $210,000 of unspent bond proceeds remaining. Pursuant to Section 34191.4 of the Health and Safety Code, after the Successor Agency's receipt of a finding of completion (the "Finding of Completion") issued by the California State Department of Finance (the "DOF"), the unspent proceeds of the Bonds shall be used for the purposes for which the Bonds were sold, in a manner consistent with the bond covenants. The Successor Agency received its Finding of Completion on April 26, 2013. Because of the Successor Agency's limited staffing and resources and the City's traditional role and established procedures for the awarding of public works contracts, it is desirable for the Successor Agency to transfer the remaining unspent bond proceeds to the City, for the City to implement and perform the work required for the projects. Each transfer of bond proceeds to the City must be listed on a Recognized Obligation Payment ("ROPS"). Under current law, the Successor Agency prepares a ROPS once a year. Each ROPS must be submitted to the Oversight Board and the DOF for approval. While the Successor Agency may choose to transfer the bond proceeds over time based on actual contract needs for each ROPS period, it is preferable for all of the remaining unspent bond proceeds to be transferred to the City at once, to facilitate the effective and efficient implementation of the projects. Pursuant to the attached 2007 Bond Proceeds Funding Agreement, the Successor Agency will list the transfer of all of the remaining bond proceeds on the next available ROPS (which covers the 2018-19 fiscal year), and will transfer the bond proceeds to the City per the DOF-approved ROPS. Exhibit A of the 2007 Bond Proceeds Funding Agreement contains a list of the anticipated projects, but also specifies that the actual projects to be funded may be different from those currently listed, as determined by the City. FISCAL IMPACT: Assuming the Oversight Board's and the DOF's approval of the 2007 Bond Proceeds Funding Agreement and the relevant line item on the next ROPS, the Successor Agency will transfer the remaining unspent proceeds of the Bonds to the City at the commencement of fiscal year 2018-19. Thereafter, the City will use the bond proceeds for projects in a manner consistent with the bond covenants and the 2007 Bond Proceeds Funding Agreement, without additional review by the Oversight Board and the DOF. ATTACHMENTS: SARDA Resolution with Attachment A — 2007 Bond Proceeds Funding Agreement RESOLUTION NO. SARDA 17- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY APPROVING THE SUCCESSOR AGENCY'S EXECUTION OF A 2007 BOND PROCEEDS FUNDING AGREEMENT AND THE TAKING OF RELATED ACTIONS THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Recitals. The Board of Directors (this "Board") of the Successor Agency to the Temecula Redevelopment Agency (the "Successor Agency") hereby finds, determines and declares that: (a) Before dissolution, the former Redevelopment Agency of the City of Temecula (the "Former Agency") issued its Temecula Redevelopment Project No. 1 2007 Tax Allocation Bonds (Subordinate Lien), in the principal amount of $15,790,000 (the "Bonds"). (b) The Bonds were issued pursuant to and are governed by an Indenture of Trust, dated as of December 1, 2006, as supplemented and amended by a First Supplemental Indenture of Trust, dated as of October 1, 2007, each by and between the Former Agency and U.S. Bank National Association, as trustee. (c) The Bonds were issued to finance projects within or of benefit to a project area known as the Temecula Redevelopment Project No. 1 (the "Project Area"). (d) Pursuant to AB X1 26 (enacted in June 2011), and the California Supreme Court's decision in California Redevelopment Association, et al. v. Ana Matosantos, et al., 53 Cal. 4th 231 (2011), the Former Agency was dissolved as of February 1, 2012, the Successor Agency was constituted as the successor entity to the Former Agency, and an oversight board of the Successor Agency (the "Oversight Board") was established. (e) Pursuant to Section 34175(b) of the California Health and Safety Code ("HSC"), all assets, properties, contracts, books and records of the Former Agency, including the unspent proceeds of the Bonds, transferred to the control of the Successor Agency by operation of law. (f) Pursuant to HSC Section 34191.4(c)(1)(A), after the receipt by the Successor Agency of a finding of completion (the "Finding of Completion") issued by the California State Department of Finance (the "DOF") under HSC Section 34179.7, the unspent proceeds of the Bonds shall be used for the purposes for which the Bonds were sold, in a manner consistent with the bond covenants. (g) By a letter dated April 26, 2013, the DOF informed the Successor Agency that the DOF has issued a Finding of Completion to the Successor Agency. (h) The Successor Agency desires to use the remaining unspent proceeds of the Bonds (the "Remaining Bond Proceeds") for the purpose of which the Bonds were sold, namely the financing of projects within or of benefit to the Project Area that are consistent with the bond covenants (collectively, the "Projects"). (i) Because of the limited staffing of the Successor Agency and the City's traditional role and established procedures with respect to the awarding of public works contracts, the Successor Agency and the City desire to enter into a 2007 Bond Proceeds Funding Agreement in order that the City may perform or cause to be performed the work required for the Projects, substantially in the form attached as Attachment A (the "Funding Agreement"). (j) The Funding Agreement will provide for the transfer of the Remaining Bond Proceeds to the City, for the City to perform or cause to be performed the work required for the Projects and expend the Remaining Bond Proceeds in connection therewith. (k) The execution of the Funding Agreement will be in furtherance of the winding down of the Former Agency's affairs, with respect to the expenditure of unspent bond proceeds as permitted under HSC Section 34191.4. Section 2. Approval of Agreement. The Funding Agreement, in the form attached hereto as Attachment A, is hereby approved. Each of the Chair of this Board (or in the Chair's absence, the Vice Chair) and the Executive Director of the Successor Agency (each, an "Authorized Officer"), acting individually, is hereby authorized to execute and deliver, for and in the name of the Successor Agency, the Funding Agreement, in substantially such form, with changes therein as the Authorized Officer executing the same may approve (such approval to be conclusively evidenced by the execution and delivery thereof); provided that such execution and delivery shall occur after the effectiveness (pursuant to Health and Safety Code Section 34179(h)) of the Oversight Board's resolution approving the execution and delivery of the Funding Agreement. Section 3. Request to Oversight Board for Approval. This Board hereby requests that the Oversight Board approve the execution and delivery of the Successor Agency's Funding Agreement. The Successor Agency Board Secretary is hereby directed to transmit this Resolution to the Oversight Board for consideration at the earliest possible date. Section 4. Other Acts. The Chair, the Vice Chair, the Executive Director and all other officers of the Successor Agency are hereby authorized, jointly and severally, to do all things, including the execution and delivery of documents and instruments, which they may deem necessary or proper to effectuate the purposes of this Resolution and the Funding Agreement, and implement the Funding Agreement. The Successor Section 5. Certification. The Board Secretary shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Successor Agency to the Temecula Redevelopment Agency this 5th day of September, 2017. Maryann Edwards, Chair ATTEST: Randi Johl, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA I, Randi Johl, Secretary of the Successor Agency to the Temecula Redevelopment Agency, do hereby certify that the foregoing Resolution No. SARDA 17- was duly and regularly adopted by the Board of Directors of the Successor Agency to the Temecula Redevelopment Agency at a meeting thereof held on the 5th day of September, 2017, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: ABSENT: BOARD MEMBERS: Randi Johl, Secretary ATTACHMENT A 2007 Bond Proceeds Funding Agreement (substantial final form) (see attached) 2007 BOND PROCEEDS FUNDING AGREEMENT This 2007 BOND PROCEEDS FUNDING AGREEMENT (this "Agreement"), dated as of , 2017, is entered into by and between the Successor Agency to the Temecula Redevelopment Agency (the "Successor Agency") and the City of Temecula (the "City," and together with the City, the "Parties"). RECITALS: A. Before dissolution, the former Redevelopment Agency of the City of Temecula (the "Former Agency") issued its Temecula Redevelopment Project No. 1 2007 Tax Allocation Bonds (Subordinate Lien), in the principal amount of $15,790,000 (the "Bonds"). B. The Bonds were issued pursuant to and are governed by an Indenture of Trust, dated as of December 1, 2006, as supplemented and amended by a First Supplemental Indenture of Trust, dated as of October 1, 2007 (as supplemented and amended, the "Indenture"), each by and between the Former Agency and U.S. Bank National Association, as trustee (the "Trustee"). C. The Bonds were issued to finance projects within or of benefit to a project area known as the Temecula Redevelopment Project No. 1 (the "Project Area"). D. Pursuant to AB X1 26 (enacted in June 2011), and the California Supreme Court's decision in California Redevelopment Association, et al. v. Ana Matosantos, et al., 53 Cal. 4th 231 (2011), the Former Agency was dissolved as of February 1, 2012, the Successor Agency was constituted as the successor entity to the Former Agency, and an oversight board of the Successor Agency (the "Oversight Board") was established. E. Pursuant to Section 34175(b) of the California Health and Safety Code ("HSC"), all assets, properties, contracts, books and records of the Former Agency, including the unspent proceeds of the Bonds, transferred to the control of the Successor Agency by operation of law. F. Pursuant to HSC Section 34191.4(c)(1)(A), after the receipt by the Successor Agency of a finding of completion (the "Finding of Completion") issued by the California State Department of Finance (the "DOF") under HSC Section 34179.7, the unspent proceeds of the Bonds shall be used for the purposes for which the Bonds were sold, in a manner consistent with the bond covenants. G. By a letter dated April 26, 2013, the DOF informed the Successor Agency that the DOF has issued a Finding of Completion to the Successor Agency. H. The Successor Agency desires to use the remaining unspent proceeds of the Bonds (the "Remaining Bond Proceeds") for the purpose of which the Bonds were sold, namely the financing of projects within or of benefit to the Project Area that are consistent with the bond covenants, including those listed in Exhibit A (collectively, the "Projects"). I. Because of the limited staffing of the Successor Agency and the City's traditional role and established procedures with respect to the awarding of public works contracts, the Successor Agency and the City desire to enter into this Agreement in order that the City may perform or cause to be performed the work required for the Projects, with payment therefor to be made from the Remaining Bond Proceeds. J. This Agreement provides for the transfer of the Remaining Bond Proceeds to the City for the City to perform or cause to be performed the work required for the Projects. K. Pursuant to HSC Section 34177(o), the Successor Agency must prepare a Recognized Obligation Payment Schedule ("ROPS") each year, listing its expected expenditure and disbursement of moneys during each six month period covered by such ROPS. Each ROPS must be submitted to the Oversight Board and the DOF for approval. L. Pursuant to HSC Section 34191.4(c)(1)(A), the expenditure of the Remaining Bond Proceeds for an obligation must be listed on a ROPS. M. This Agreement is in furtherance of the winding down of the Former Agency's affairs, with respect to the expenditure of unspent bond proceeds as permitted under HSC Section 34191.4. N. Resolution No. adopted by the Oversight Board on , 2017 approving the Successor Agency's execution and delivery of this Agreement was approved [deemed approved] by the DOF pursuant to HSC Section 34179(h) on , 2017. NOW, THEREFORE, THE PARTIES DO HEREBY AGREE AS FOLLOWS: Section 1. Subject to the provisions of this Agreement and with the funding provided pursuant to this Agreement, the City agrees to perform or cause to be performed the work required for the Projects, including but not limited to contracting for, or otherwise supervising or performing the preparation of designs, plans and specifications and all demolitions, construction and installations. The City shall perform such work in accordance with all applicable federal, state and local laws, rules and regulations. Subject to the covenants set forth herein, the City shall have the sole discretion with respect to the design, planning, specification and the timing with respect to all components of the Projects. Section 2. (a) The Successor Agency has included on the ROPS ("ROPS 18-19") for the period from July 1, 2018 through June 30, 2019 (the "ROPS 18-19 Period"), a line item listing the transfer of the Remaining Bond Proceeds to the City. (b) As soon as practicable after the commencement of the ROPS 18-19 Period, the Successor Agency shall transfer the Remaining Bond Proceeds, as approved on ROPS 18-19, to the City. Section 3. The City shall use the Remaining Bond Proceeds transferred to it pursuant to this Agreement for costs of the Projects (or reimbursement to the City for any funds advanced for costs of the Projects) in a manner consistent with the applicable bond covenants, including, but not limited to, any covenants regarding the tax-exempt status of interest on the Bonds (and any tax-exempt bonds issued to refund the Bonds) under the Internal Revenue Code of 1986, as amended, and any regulations promulgated thereunder. Section 4. To the extent the City still holds unspent Remaining Bond Proceeds transferred pursuant to this Agreement after the completion of the Projects (as determined by the legislative body of the City), the City shall return such unspent Remaining Bond Proceeds to the Successor Agency within a reasonable time after such determination to be disposed of as provided in HSC Section 34191.4(c)(2) or otherwise consistent with the applicable provisions of the HSC. Section 5. Each Party shall maintain books and records regarding its duties pursuant to this Agreement. Such books and records shall be available for inspection by the officers and agents of the other Party at all reasonable times. Section 6. The Parties agree to take all appropriate steps and execute any documents which may reasonably be necessary or convenient to implement the intent of this Agreement. Section 7. This Agreement may be amended from time to time by written instrument executed by both Parties. Section 8. No official, agent, or employee of the Successor Agency or the City, or members of the City Council, or members of the Successor Agency Board of Directors or Oversight Board shall be individually or personally liable for any payment hereunder in the event of any default or breach by the Successor Agency or the City, or for any amount which may otherwise become due to the City or Successor Agency, or successor thereto, or on any obligations under the terms or in furtherance of this Agreement. Section 9. This Agreement is made in the State of California under the Constitution and laws of the State of California, and is to be so construed. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized officers. SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA By Executive Director ATTEST: Secretary CITY OF TEMECULA By Mayor ATTEST: City Clerk EXHIBIT A Description of Proj ects 1. Design and construction of roadway improvements on Motor Car Parkway, Ynez Road, Margarita Road and Solana Way 2. Any other programs, projects and activities within or of benefit to the Project Area, so long as the program or project is determined by the City to be consistent with applicable bond covenants. Item No. 15 Approvals City Attorney Director of Finance City Manager THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Board of Directors FROM: Jennifer Hennessy, Finance Officer DATE: September 5, 2017 SUBJECT: Authorize the Successor Agency to the Temecula Redevelopment Agency to Issue Bonds to Refinance Existing Tax Allocation Bonds of the former Temecula Redevelopment Agency PREPARED BY: Jennifer Hennessy, Finance Officer RECOMMENDATION: That the Board of Directors adopt a resolution entitled: RESOLUTION NO. SARDA 17- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY APPROVING THE ISSUANCE OF REFUNDING BONDS IN ORDER TO REFUND CERTAIN OUTSTANDING BONDS OF THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, APPROVING THE EXECUTION AND DELIVERY OF VARIOUS DOCUMENTS RELATING THERETO, REQUESTING OVERSIGHT BOARD APPROVAL OF THE ISSUANCE OF THE REFUNDING BONDS, REQUESTING CERTAIN DETERMINATIONS BY THE OVERSIGHT BOARD, AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO BACKGROUND: Under Assembly Bill (AB) 1484, the Redevelopment Elimination "clean up" Bill, existing bonds can be refinanced (refunded) to lower interest rates as long as the term is not extended and there is no new debt added to the financing. By refunding certain eligible bond issues, the debt service payments will be reduced and the taxing entities will receive additional revenues. Staff has identified such an opportunity which is presented in this staff report. Prior to the dissolution of the Redevelopment Agency, the Redevelopment Agency issued the following bonds (collectively, the "Prior Bonds") for the purpose of financing and refinancing redevelopment and housing activities: a) In May 2002, the Redevelopment Agency issued $28,055,000 in Project No. 1 2002 Tax Allocation Bonds (the "2002 Bonds) to finance redevelopment activities and refund the Project No. 1 1993 Tax Allocation Bonds, Series A. Currently the Agency has $21,185,000 outstanding 2002 Bonds available for refunding. b) In December 2006, the Redevelopment Agency issued $18,105,000 in Project No. 1 2006 Tax Allocation Bonds, Series A (the "2006A Bonds") and $3,040,000 in Project No. 1 2006 Tax Allocation Bonds, Series B (Subordinate Lien) (the "2006B Bonds"). The proceeds were used to refinance redevelopment activities. Currently the Agency has $14,965,000 outstanding 2006A Bonds and $2,630,000 outstanding 2006B Bonds available for refunding. c) In October 2007, the Redevelopment Agency issued $15,790,000 in Project No. 1 2007 Tax Allocation Bonds (Subordinate Lien) to finance redevelopment activities (the "2007 Bonds"). Currently the Agency has $13,820,000 outstanding 2007 Bonds available for refunding. d) In March 2010, the Redevelopment Agency issued $12,720,000 in Project No. 1 Tax Allocation Housing Bonds, 2010 Series B (Taxable Build America Bonds) to finance housing activities (the "2010 Bonds"). Currently the Agency has $11,850,000 outstanding 2010 Bonds available for refunding. e) In March 2011, the Redevelopment Agency issued $17,035,000 in Project No. 1 Tax Allocation Housing Bonds, 2011 Series A to finance housing activities (the "2011 Bonds"). Currently the Agency has $15,760,000 outstanding 2011 Bonds available for refunding. AB 1484 permits successor agencies to refund outstanding bonds and other obligations of a former redevelopment agency which requires the approval of the Successor Agency, Oversight Board and the California Department of Finance. It is anticipated that the refunding of the Prior Bonds described above will produce an annual average reduction in bond payments of approximately $570,000. This same reduction in annual bond payments frees up additional property tax revenues for distribution to the affected taxing entities. This will result in an average annual increase of approximately $60,000 in property tax revenues to the City, based on current market conditions as of August 11, 2017, and are subject to change. The proposed bond financing was discussed by the Finance Committee on August 30, 2017 and recommended that it be brought forward to the Successor Agency. The first step in moving forward with the refunding bonds is to adopt the attached resolution directing the Successor Agency to undertake proceedings for the refunding of the outstanding bonds, approve the required legal documents and authorize all of the necessary actions relating to the proposed refinancing. Subsequent to the adoption of the resolution by the Successor Agency, the Oversight Board has a meeting scheduled for September 13, 2017 for their adoption of the required resolution accompanied by the Successor Agency resolution and the indenture of trust, six escrow agreements, debt service savings analysis and the bond purchase agreement. Once the Oversight Board has approved their resolution, they are required to be forwarded to the California Department of Finance who has up to sixty days to approve the Oversight Board resolution. The final step will occur after the California Department of Finance approves the Oversight Board resolution. Thereafter, the Successor Agency will then adopt resolutions approving the Preliminary Official Statement (bond offering document) and other related bond documents. FISCAL IMPACT: The fiscal impact of the issuance of refunding bonds will result in the average annual reduction in bond payments of approximately $570,000. This same reduction in annual bond payments frees up additional property tax revenues for distribution to affected taxing entities. This will result in an average annual increase of approximately $60,000 in property tax revenues to the City. These are estimated savings based on current bond market conditions as of August 11, 2017 and are subject to change. ATTACHMENTS: 1. SARDA Resolution 2. Debt Service Savings Analysis 3. Indenture of Trust 4. Escrow Agreements (6) 5. Bond Purchase Agreement RESOLUTION NO. SARDA 17- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY APPROVING THE ISSUANCE OF REFUNDING BONDS IN ORDER TO REFUND CERTAIN OUTSTANDING BONDS OF THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, APPROVING THE EXECUTION AND DELIVERY OF VARIOUS DOCUMENTS RELATING THERETO, REQUESTING OVERSIGHT BOARD APPROVAL OF THE ISSUANCE OF THE REFUNDING BONDS, REQUESTING CERTAIN DETERMINATIONS BY THE OVERSIGHT BOARD, AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Board of Directors (this "Board") of the Successor Agency to the Temecula Redevelopment Agency (the "Successor Agency") hereby finds, determines and declares that: (a) Pursuant to section 34172(a) of the California Health and Safety Code (unless otherwise noted, all section references in this Resolution being to such Code), the Redevelopment Agency of the City of Temecula (the "Former Agency") has been dissolved and no longer exists, and pursuant to section 34173, the Successor Agency has become the successor agency to the Former Agency. (b) Prior to the dissolution of the Former Agency, the Former Agency issued the following bonds (collectively, the "Prior Bonds") for the purpose of financing and refinancing redevelopment and housing activities of the Former Agency, which Prior Bonds remain outstanding: (i) Redevelopment Agency of the City of Temecula Temecula Redevelopment Project No. 1 2002 Tax Allocation Bonds (the "2002 Bonds"), (ii) Redevelopment Agency of the City of Temecula Temecula Redevelopment Project No. 1 2006 Tax Allocation Bonds, Series A (the "2006A Bonds"), (iii) Redevelopment Agency of the City of Temecula Temecula Redevelopment Project No. 1 2006 Tax Allocation Bonds, Series B (Subordinate Lien) (the "2006B Bonds"), (iv) Redevelopment Agency of the City of Temecula Temecula Redevelopment Project No. 1 2007 Tax Allocation Bonds (Subordinate Lien) (the "2007 Bonds"), (v) Redevelopment Agency of the City of Temecula Temecula Redevelopment Project No. 1 Tax Allocation Housing Bonds 2010 Series B (Taxable Build America Bonds) (the "2010 Bonds"), and (vi) Redevelopment Agency of the City of Temecula Temecula Redevelopment Project No. 1 Tax Allocation Housing Bonds, 2011 Series A (the "2011 Bonds"). (c) Section 34177.5 authorizes the Successor Agency to issue refunding bonds pursuant to Article 11 (commencing with section 53580) of Chapter 3 of Part 1 of Division 2 of Title 5 of the California Government Code (the "Refunding Law") for the purpose of achieving debt service savings within the parameters set forth in section 34177.5(a)(1) (the "Savings Parameters"). (d) City of Temecula Staff have been presented with a refunding analysis for a possible issuance of tax allocation refunding bonds by the Successor Agency indicating that a refunding of the Prior Bonds will satisfy the Savings Parameters. (e) The Successor Agency desires at this time to authorize the issuance of its Successor Agency to the Temecula Redevelopment Agency Tax Allocation Refunding Bonds, Series 2017A (the "Series 2017A Bonds") to refund the 2002 Bonds, the 2006A Bonds, the 2006B Bonds and the 2007 Bonds, and its Successor Agency to the Temecula Redevelopment Agency Taxable Tax Allocation Refunding Bonds, Series 2017B (the "Series 2017B Bonds," and together with the Series 2017A Bonds, the "Bonds") to refund the 2010 Bonds and the 2011 Bonds, all pursuant to an indenture of trust, by and between the Successor Agency and U.S. Bank National Association, as trustee (the "Indenture"). (f) Pursuant to section 34179, an oversight board (the "Oversight Board") has been established for the Successor Agency, and the Successor Agency now desires to request that the Oversight Board direct the Successor Agency to undertake the refunding proceedings and to approve the issuance of the Bonds pursuant to this Resolution and the Indenture, and the Successor Agency also desires to request that the Oversight Board make certain determinations described below on which the Successor Agency will rely in undertaking the refunding proceedings and the issuance of the Bonds. (g) The Successor Agency has determined to sell the Bonds to Stifel, Nicolaus & Company, Incorporated (the "Underwriter") pursuant to the terms of a bond purchase agreement (the "Purchase Agreement") to be entered into by the Successor Agency and the Underwriter. Section 2. The Successor Agency has determined that there are significant potential savings available to the Successor Agency and to applicable taxing entities in compliance with the Savings Parameters by the issuance by the Successor Agency of the Bonds to provide funds to refund and defease the Prior Bonds. Section 3. The Successor Agency hereby authorizes and approves the issuance of the Bonds under the applicable provisions of the California Health and Safety Code and the Refunding Law in the aggregate principal amount of not to exceed $86,000,000 in order to refund the Prior Bonds, provided that the Bonds are in compliance with the Savings Parameters at the time of issuance of the Bonds. Section 4. The Successor Agency hereby approves the Indenture prescribing the terms and provisions of the Bonds and the application of the proceeds of the Bonds, in the form on file with the Secretary of the Successor Agency. Each of the Chair, Executive Director and the Finance Officer of the Successor Agency (each, an "Authorized Officer"), acting alone, is hereby authorized to execute and deliver the Indenture, for and in the name and on behalf of the Successor Agency, in such form, together with such changes therein, deletions therefrom and additions thereto as the Authorized Officer executing the same shall approve following consultation with the Successor Agency's General Counsel and bond counsel, such approval to be conclusively evidenced by the execution and delivery by an Authorized Officer of the Indenture. The Successor Agency hereby authorizes the delivery and performance of the Indenture. Section 5. The six escrow agreements, one relating to each series of the Prior Bonds, each by and between the Successor Agency and U.S. Bank National Association, as escrow bank (collectively, the "Escrow Agreements"), in the respective forms on file with the Secretary of the Successor Agency, are hereby approved. The Authorized Officers are, each acting alone, hereby authorized, for and in the name and on behalf of the Successor Agency, to execute and deliver the Escrow Agreements in such forms together with such changes therein, deletions therefrom and additions thereto as the Authorized Officer executing the same shall approve following consultation with the Successor Agency's General Counsel and bond counsel, such approval to be conclusively evidenced by the execution and delivery by an Authorized Officer of the Escrow Agreements. The Successor Agency hereby authorizes the delivery and performance of the Escrow Agreements. Section 6. It is the intent of the Successor Agency to sell and deliver the Bonds in whole, provided that there is compliance with the Savings Parameters. However, the Successor Agency hereby authorizes the sale and delivery of the Bonds in whole or, if such Savings Parameters cannot be met with respect to the whole or the Successor Agency otherwise determines not to issue all of the Bonds at this time, then in part; provided that the Bonds so sold and delivered in part are in compliance with the Savings Parameters. The sale and delivery of the Bonds in part will in each instance provide sufficient net funds only for the refunding of that portion of the Prior Bonds that meet the Savings Parameters. In the event the Bonds are initially sold in part, the Successor Agency intends to sell and deliver additional series of the Bonds to refund the Prior Bonds not refunded with proceeds of the Bonds without the prior approval of the Oversight Board provided that in each such instance the Bonds so sold and delivered in part are in compliance with the Savings Parameters. Section 7. The Successor Agency hereby authorizes the sale of the Bonds to the Underwriter. The Successor Agency hereby approves the Purchase Agreement, by and between the Underwriter and the Successor Agency, in the form on file with the Secretary, pursuant to which the Bonds are to be sold to the Underwriter. The Authorized Officers, each acting alone, are hereby authorized to execute and deliver the Purchase Agreement in said form, together with such additions thereto and changes therein as an Authorized Officer executing the Purchase Agreement, upon consultation with the Successor Agency's General Counsel and bond counsel, shall deem necessary, desirable or appropriate, so long as the principal amount of the Bonds does not exceed $86,000,000, the requirements of section 34177.5(a)(1) are satisfied with respect to the Bonds and the Underwriter's discount, excluding original issue discount which does not constitute compensation to the Underwriter, does not exceed 0.60% of the initial aggregate principal amount of the Bonds, and the execution by an Authorized Officer of the Purchase Agreement shall be conclusive evidence of the approval of any such additions and changes. The Successor Agency hereby authorizes the delivery and performance by the Successor Agency of the Purchase Agreement. Section 8. The Authorized Officers, each acting alone, are hereby authorized to take all actions necessary to obtain a municipal bond insurance policy for one or more maturities of one or both series of the Bonds and reserve account surety bond or insurance policy for one or both series of the Bonds from a municipal bond insurance company if it is determined, upon consultation with Fieldman, Rolapp & Associates, the Successor Agency's municipal advisor (the "Municipal Advisor") and the Underwriter, that such municipal bond insurance policy and/or surety bond or insurance policy will reduce the interest cost with respect to the Bonds to which they pertain. Section 9. Following approval by the Oversight Board of the issuance of the Bonds by the Successor Agency and upon submission of this Resolution and the Oversight Board Resolution to the California Department of Finance, the Successor Agency will, with the assistance of Quint & Thimmig LLP, its disclosure counsel for the Bonds (the "Disclosure Counsel"), HdL Companies, the fiscal consultant to the Successor Agency (the "Fiscal Consultant") and the Municipal Advisor, cause to be prepared a form of official statement for the Bonds describing the Bonds and containing material information relating to the Successor Agency and the Bonds, the preliminary form of which will be submitted to the Successor Agency for approval for distribution by the Underwriter to persons and institutions interested in purchasing the Bonds. Section 10. The Successor Agency hereby requests the Oversight Board, as authorized by section 34177.5(f), to direct the Successor Agency to undertake proceedings to refund the Prior Bonds, and as authorized by section 34177.5(f) and section 34180, to approve the issuance of the Bonds pursuant to section 34177.5(a)(1), this Resolution and the Indenture. Section 11. The Successor Agency requests that the Oversight Board make the following determinations which the Successor Agency has considered in undertaking the refunding proceedings and the issuance of the Bonds: (a) The Successor Agency is authorized, as provided in section 34177.5(f), to recover its costs related to the issuance of the Bonds from the proceeds of the Bonds, including the cost of reimbursing its administrative staff for time spent with respect to the authorization, issuance, sale and delivery of the Bonds; and (b) The application of the proceeds of the Bonds by the Successor Agency to the refunding and defeasance of the Prior Bonds, as well as the payment by the Successor Agency of costs of issuance of the Bonds, as provided in section 34177.5(a), including municipal bond insurance and reserve fund surety bond or insurance premiums, shall be implemented by the Successor Agency promptly upon sale and delivery of the Bonds, notwithstanding section 34177.3 or any other provision of law to the contrary, without the approval of the Oversight Board, the California Department of Finance, the Riverside County Auditor -Controller or any other person or entity other than the Successor Agency. Section 12. The Secretary of the Successor Agency is hereby authorized and directed to file a certified copy of this Resolution with the Oversight Board, and, as provided in section 34180(j), with the Riverside County Administrative Officer, the Riverside County Auditor -Controller and the California Department of Finance. Section 13. The firm of Fieldman, Rolapp & Associates is hereby designated as Municipal Advisor to the Successor Agency for the Bonds, the firm of Quint & Thimmig LLP is hereby designated as Bond Counsel and as Disclosure Counsel to the Successor Agency for the Bonds and the firm of HdL Companies is hereby designated as Fiscal Consultant to the Successor Agency for the Bonds. The Executive Director is hereby authorized and directed to execute and deliver agreements with such firms for their services related to the Bonds, each such agreement to be in the respective form on file with the Successor Agency Secretary, or otherwise in a form acceptable to the Executive Director and General Counsel to the Successor Agency. Section 14. The Authorized Officers and any and all other officers of the Successor Agency are hereby authorized and directed, for and in the name and on behalf of the Successor Agency, to do any and all things and take any and all actions, which they, or any of them, may deem necessary or advisable in obtaining the requested approvals by the Oversight Board and the California Department of Finance and in the issuance, sale and delivery of the Bonds. Whenever in this Resolution any officer of the Successor Agency is directed to execute or countersign any document or take any action, such execution, countersigning or action may be taken on behalf of such officer by any person designated by such officer to act on his or her behalf in the case such officer is absent or unavailable. Section 15. The Board Secretary shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Successor Agency to the Temecula Redevelopment Agency this 5t" day of September, 2017. Maryann Edwards, Chair ATTEST: Randi Johl, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, Secretary of the Successor Agency to the Temecula Redevelopment Agency, do hereby certify that the foregoing Resolution No. SARDA 17 - was duly and regularly adopted by the Board of Directors of the Successor Agency to the Temecula Redevelopment Agency at a meeting thereof held on the 5th day of September, 2017, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: ABSENT: BOARD MEMBERS: Randi Johl, Secretary Debt Service Savings Analysis Successor Agency to the Temecula Redevelopment Agency 2017 Tax Allocation Refunding Bonds Tax -Exempt Current Refunding of 2002, 2006A, 2006B, 2007 TABs; Taxable Advanced Refunding of 2010 & 2011 TABs All Maturities 2017 TABs 'BBB+' Underlying, Surety (1)(2) Refunding Bond Amount Par Refunded Final Maturity Average Coupon of Refunded Bonds Average Coupon of Refunding Bonds True Interest Cost (effective rate) Net Present Value Savings ($) Present Value Savings (%) Nominal Savings ($) Average Annual Savings ($) Taxing Entities Share of Average Annual Savings: Riverside County General Fund (3) County Free Library (3) Structural Fire (3) City of Temecula (Includes City of Temecula Inc. Dispute) Temecula USD Mt. San Antonio Junior College Elsinore Area Elementary School Fund Riverside County Office of Education County Flood Control Administration (3) County Flood Control Zone 7 (3) Temecula Public Cemetery (3) Temecula Zone B Eastern Municipal Water District (3) Eastern Municipal Water District 14th Fringe (3) Rancho California Water - Debt Service (3) $76,645,000 $80,210,000 12/15/2039 5.90% 4.83% 4.06% $6,110,813 7.62% $12,586,856 $572,130 $0.00 $0.00 $0.00 $60,639.48 $352,735.37 $40,655.90 $74,303.73 $43,141.96 $0.00 $0.00 $0.00 $653.37 $0.00 $0.00 $0.00 Total $572,129.81 (1) Assumes Closing Date of 11/15/2017, Market Conditions as of 8/11/2017 (2) Refunding assumes Surety at 2.5% and Bond Insurance at 90 bps (3) Taxing entities that receive 100% of their share of tax increment revenue through their pass through agreements receive no share of residual revenue. The residual revenue that is allocated is divided among the taxing entities that have not received their full shares of tax increment revenue Quint & Thimmig LLP 6/28/17 7/10/17 8/18/17 INDENTURE OF TRUST by and between the SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY and U.S. BANK NATIONAL ASSOCIATION, as Trustee dated as of 1, 2017 Relating to: Successor Agency to the Temecula Redevelopment Agency Tax Allocation Refunding Bonds, Series 2017A and Successor Agency to the Temecula Redevelopment Agency Taxable Tax Allocation Refunding Bonds, Series 2017B 19139.01:114756 TABLE OF CONTENTS ARTICLE I DETERMINATIONS; DEFINITIONS Section 1.01. Findings and Determinations 4 Section 1.02. Definitions 4 Section 1.03. Rules of Construction 14 ARTICLE II AUTHORIZATION AND TERMS Section 2.01. Authorization of Bonds 15 Section 2.02. Terms of Bonds 15 Section 2.03. Redemption of Bonds. 16 Section 2.04. Forms of Bonds 19 Section 2.05. Execution of Bonds 19 Section 2.06. Transfer of Bonds 19 Section 2.07. Exchange of Bonds 20 Section 2.08. Registration of Bonds 20 Section 2.09. Temporary Bonds 20 Section 2.10. Bonds Mutilated, Lost, Destroyed or Stolen 20 Section 2.11. CUSIP Numbers 21 Section 2.12. Book -Entry Only System 21 Section 2.13. Successor Securities Depository; Transfer Outside Book -Entry Only System 22 ARTICLE III DEPOSIT AND APPLICATION OF PROCEEDS OF BONDS; PARITY DEBT Section 3.01. Issuance of Bonds 23 Section 3.02. Application of Proceeds of Sale 23 Section 3.03. Costs of Issuance Fund 24 Section 3.04. Program Fund 24 Section 3.05. Issuance of Parity Debt 25 Section 3.06. Validity of Bonds 25 ARTICLE IV SECURITY OF BONDS; FLOW OF FUNDS Section 4.01. Security of Bonds; Equal Security 26 Section 4.02. Redevelopment Obligation Retirement Fund; Deposit of Tax Revenues 26 Section 4.03. Deposit of Amounts by Trustee 26 ARTICLE V COVENANTS OF THE SUCCESSOR AGENCY Section 5.01. Covenants of the Successor Agency 30 ARTICLE VI THE TRUSTEE Section 6.01. Duties, Immunities and Liabilities of Trustee 35 Section 6.02. Merger or Consolidation 36 Section 6.03. Liability of Trustee 36 Section 6.04. Right to Rely on Documents and Opinions 38 Section 6.05. Preservation and Inspection of Documents 39 Section 6.06. Compensation and Indemnification 39 Section 6.07. Deposit and Investment of Moneys in Funds 39 Section 6.08. Accounting Records and Financial Statements 41 Section 6.09. Appointment of Co -Trustee or Agent 41 Section 6.10. Other Transactions with Successor Agency 42 ARTICLE VII MODIFICATION OR AMENDMENT OF THIS INDENTURE Section 7.01. Amendment 43 Section 7.02. Effect of Supplemental Indenture 43 Section 7.03. Endorsement or Replacement of Bonds After Amendment 44 Section 7.04. Amendment by Mutual Consent 44 -i- ARTICLE VIII EVENTS OF DEFAULT AND REMEDIES OF OWNERS Section 8.01. Events of Default 45 Section 8.02. Remedies of Bondowners 45 Section 8.03. Application of Funds 46 Section 8.04. Limitation on Owner's Right to Sue 46 Section 8.05. Non -Waiver 47 Section 8.06. Actions by Trustee as Attorney -in -Fact 47 Section 8.07. Remedies Not Exclusive 47 Section 8.08. Parties Interested Herein 47 ARTICLE IX PROVISIONS RELATING TO THE MUNICIPAL BOND INSURER AND THE MUNICIPAL BOND INSURANCE POLICY Section 9.01. Provisions Relating to the Municipal Bond Insurer and the Municipal Bond Insurance 48 ARTICLE X MISCELLANEOUS Section 10.01. Benefits Limited to Parties 49 Section 10.02. Successor is Deemed Included in All References to Predecessor 49 Section 10.03. Discharge of Indenture 49 Section 10.04. Execution of Documents and Proof of Ownership by Owners 50 Section 10.05. Disqualified Bonds 50 Section 10.06. Waiver of Personal Liability 50 Section 10.07. Destruction of Canceled Bonds 50 Section 10.08. Notices 51 Section 10.09. Partial Invalidity 51 Section 10.10. Unclaimed Moneys 51 Section 10.11. Execution in Counterparts 52 Section 10.12. Governing Law 52 EXHIBIT A: FORM OF 2017A BOND EXHIBIT B: FORM OF 2017B BOND INDENTURE OF TRUST THIS INDENTURE OF TRUST (this "Indenture") is dated as of 1, 2017, is by and between the SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY, a public body duly organized and existing under the laws of the State of California (the "Successor Agency"), and U.S. BANK NATIONAL ASSOCIATION, a national banking association organized and existing under the laws of the United States of America, as trustee (the "Trustee"). RECITALS: WHEREAS, the Redevelopment Agency of the City of Temecula (the "Former Agency") was a public body, corporate and politic, duly established and authorized to transact business and exercise powers under and pursuant to the provisions of the Community Redevelopment Law of the State of California, constituting Part 1 of Division 24 of the California Health and Safety Code (the "Law"), including the power to borrow funds for any of its corporate purposes; WHEREAS, in order to finance redevelopment and housing activities of the Former Agency, the Former Agency has issued the following bonds (collectively, the "Prior Bonds"): Redevelopment Agency of the City of Temecula Temecula Redevelopment Project No. 1 2002 Tax Allocation Bonds (the "2002 Bonds"), Redevelopment Agency of the City of Temecula Temecula Redevelopment Project No. 1 2006 Tax Allocation Bonds, Series A (the "2006A Bonds"), Redevelopment Agency of the City of Temecula Temecula Redevelopment Project No. 1 2006 Tax Allocation Bonds, Series B (Subordinate Lien) (the "2006B Bonds"), Redevelopment Agency of the City of Temecula Temecula Redevelopment Project No. 1 2007 Tax Allocation Bonds (Subordinate Lien) (the "2007 Bonds"), Redevelopment Agency of the City of Temecula Temecula Redevelopment Project No. 1 Tax Allocation Housing Bonds 2010 Series B (Taxable Build America Bonds) (the "2010B Bonds"), and (vi) Redevelopment Agency of the City of Temecula Temecula Redevelopment Project No. 1 Tax Allocation Housing Bonds, 2011 Series A (the "2011A Bonds"). WHEREAS, on June 28, 2011, the California Legislature adopted ABx1 26 (the "Dissolution Act") and ABx1 27 (the "Opt -in Bill"); WHEREAS, the California Supreme Court subsequently upheld the provisions of the Dissolution Act and invalidated the Opt -in Bill resulting in the Former Agency being dissolved as of February 1, 2012; WHEREAS, the powers, assets and obligations of the Former Agency were transferred on February 1, 2012, to the Successor Agency; WHEREAS, on or about June 27, 2012, the California Legislature adopted AB 1484 as a trailer bill in connection with the 2012-13 California Budget; WHEREAS, AB 1484 added various provisions to the Law, including section 34177.5(a)(1) thereof which specifically authorizes the issuance of refunding bonds by the Successor Agency in certain circumstances to refund bonds and indebtedness of the Former Agency; WHEREAS, on or about September 17, 2015, the California Legislature adopted SB 107 as a trailer bill in connection with the 2015-16 California Budget; WHEREAS, SB 107 revised various provisions of the Law, including removing certain time limits affecting the number of tax dollars and other statutory limitations on redevelopment plans; WHEREAS, section 34179 of the Law established an oversight board (the "Oversight Board") for the Successor Agency; WHEREAS, the Successor Agency has determined that, due to prevailing financial market conditions, it is in the best interests of the Successor Agency at this time to refund the Prior Bonds; WHEREAS, the Successor Agency has determined to issue its Successor Agency to the Temecula Redevelopment Agency Tax Allocation Refunding Bonds, Series 2017A in the aggregate principal amount of $ (the "2017A Bonds") in order to provide moneys to refund the 2002 Bonds, the 2006A Bonds, the 2006B Bonds and the 2007 Bonds, and to issue its Successor Agency to the Temecula Redevelopment Agency Taxable Tax Allocation Refunding Bonds, Series 2017B in the aggregate principal amount of $ (the "2017B Bonds," and together with the 2017A Bonds, the "Bonds") in order to provide moneys to refund the 2010B Bonds and the 2011A Bonds, all under the provisions of section 34177.5(g) of the Law and Article 11 (commencing with Section 53580) of Chapter 3 of Part 1 of Division 2 of Title 5 of the California Government Code; WHEREAS, the Successor Agency has determined that the total net interest cost to maturity of the Bonds plus the principal amount of the Bonds will not exceed the total net interest cost to maturity of the Prior Bonds to be refunded plus the principal amount of the Prior Bonds to be refunded; WHEREAS, in order to provide for the authentication and delivery of the Bonds, to establish and declare the terms and conditions upon which the Bonds are to be issued and secured and to secure the payment of the principal thereof and interest and redemption premium (if any) thereon, the Successor Agency and the Trustee have duly authorized the execution and delivery of this Indenture; and WHEREAS, the Successor Agency has determined that all acts and proceedings required by law necessary to make the Bonds when executed by the Successor Agency and authenticated and delivered by the Trustee, the valid, binding and legal special obligations of the Successor Agency, and to constitute this Indenture a legal, valid and binding agreement for the uses and purposes herein set forth in accordance with its terms, have been done or taken. -2- AGREEMENT: NOW, THEREFORE, THIS INDENTURE WITNESSETH, that in order to secure the payment of the principal of and the interest and redemption premium (if any) on all the Bonds issued and Outstanding under this Indenture, according to their tenor, and to secure the performance and observance of all the covenants and conditions therein and herein set forth, and to declare the terms and conditions upon and subject to which the Bonds are to be issued and received, and in consideration of the premises and of the mutual covenants herein contained and of the purchase and acceptance of the Bonds by the Owners thereof, and for other valuable consideration, the receipt of which is hereby acknowledged, the Successor Agency and the Trustee do hereby covenant and agree with one another, for the benefit of the respective Owners from time to time of the Bonds, as follows: -3- ARTICLE I DETERMINATIONS; DEFINITIONS Section 1.01. Findings and Determinations. The Successor Agency has reviewed all proceedings heretofore taken and has found, as a result of such review, and hereby finds and determines that all things, conditions and acts required by law to exist, happen or be performed precedent to and in connection with the issuance of the Bonds do exist, have happened and have been performed in due time, form and manner as required by law, and the Successor Agency is now duly empowered, pursuant to each and every requirement of law, to issue the Bonds in the manner and form provided in this Indenture. Section 1.02. Definitions. Unless the context otherwise requires, the terms defined in this Section 1.02 shall, for all purposes of this Indenture, of any Supplemental Indenture, and of any certificate, opinion or other document herein mentioned, have the meanings herein specified. "Act" means Articles 1 through 4 (commencing with Section 6500) of Chapter 5, Division 7, Title 1 of the Government Code of the State, as in existence on the Closing Date or as thereafter amended from time to time. "Annual Debt Service" means, for each Bond Year, the sum of (a) the interest payable on the Outstanding Bonds and any Parity Debt in such Bond Year, assuming that the Outstanding Bonds and Parity Debt are retired as scheduled, and (b) the principal or sinking fund amount of the Outstanding Bonds and Parity Debt payable by their terms in such Bond Year. "Bond Law" means the Marks -Roos Local Bond Pooling Act of 1985, constituting Article 4 of the Act (commencing with Section 6584), as in existence on the Closing Date or as thereafter amended from time to time. "Bond Proceeds Account" means the temporary account on the Trustee's records to facilitate the deposits and transfers of the proceeds of the Bonds. "Bond Year" means any twelve-month period beginning on December 16 in any year and ending on the next succeeding December 15, both dates inclusive, except that the first Bond Year shall begin on the Closing Date, and end on December 15, 2017. "Bonds" means, collectively, the 2017A Bonds and the 2017B Bonds. "Business Day" means a day of the year, other than a Saturday or Sunday, on which banks in Los Angeles and San Francisco, California, are not required or permitted to be closed and on which the New York Stock Exchange is not closed. "Certificate of the Successor Agency" means a certificate in writing signed by the Chair, the Vice Chair, the Executive Director or the Finance Officer of the Successor Agency. "City" means the City of Temecula, California. "Closing Date" means , 2017, the date on which the Bonds are delivered by the Successor Agency to the Original Purchaser. -4- "Code" means the Internal Revenue Code of 1986 as in effect on the date of issuance of the 2017A Bonds or (except as otherwise referenced herein) as it may be amended to apply to obligations issued on the date of issuance of the 2017A Bonds, together with applicable temporary and final regulations promulgated, and applicable official public guidance published, under the Code. "Continuing Disclosure Certificate" means the Continuing Disclosure Certificate executed by the Successor Agency dated as of the Closing Date, as originally executed and as it may be amended from time to time in accordance with the terms thereof. "Costs of Issuance" means all items of expense directly or indirectly payable by or reimbursable to the Successor Agency relating to the authorization, issuance, sale and delivery of the Bonds and the refunding of the Prior Bonds, including but not limited to printing expenses, operating expenses, rating agency fees, filing and recording fees, initial fees and charges and first annual administrative fee of the Trustee and fees and expenses of its counsel, Escrow Bank fees and those of its counsel, fees, charges and disbursements of attorneys, municipal advisors, fiscal consultants, accounting firms, consultants and other professionals, fees and charges for preparation, execution and safekeeping of the Bonds, [premiums for the Municipal Bond Insurance Policy and the Reserve Policy] and any other cost, charge or fee in connection with the issuance of the Bonds and the refinancing of the Prior Bonds. "Costs of Issuance Fund" means the fund by that name established and held by the Trustee pursuant to Section 3.03. "County" means Riverside County, California. "Debt Service Fund" means the fund by that name established and held by the Trustee pursuant to Section 4.03. "Defeasance Obligations" means (a) cash, (b) direct non -callable obligations of the United States of America, (c) securities fully and unconditionally guaranteed as to the timely payment of principal and interest by the United States of America, to which direct obligation or guarantee the full faith and credit of the United States of America has been pledged, (d) Refcorp interest strips, (e) CATS, TIGRS, STRPS, (f) defeased municipal bonds rated AAA by S&P or Aaa by Moody's, and (g) or any combination of the foregoing. "Dissolution Act" means Parts 1.8 (commencing with section 34161) and 1.85 (commencing with section 34170) of Division 24 of the California Health and Safety Code, as amended. "DOF" means the Department of Finance of the State of California. "DTC" means The Depository Trust Company, New York, New York. "Escrow Agreements" means, collectively, the 2002 Escrow Agreement, the 2006A Escrow Agreement, the 2006B Escrow Agreement, the 2007 Escrow Agreement, the 2010B Escrow Agreement and the 2011A Escrow Agreement. "Escrow Bank" means U.S. Bank National Association, as escrow agent under the Escrow Agreements, or any successor thereto appointed as escrow agent thereunder. "Event of Default" means any of the events described in Section 8.01. -5- "Federal Securities" means (a) cash, and (b) obligations of, or obligations guaranteed as to principal and interest by, the United States or any agency or instrumentality thereof, when such obligations are backed by the full faith and credit of the United States including: (i) United States treasury obligations, (ii) all direct or fully guaranteed obligations, (iii) Farmers Home Administration, (iv) General Services Administration, (v) Guaranteed Title XI financing, (vi) Government National Mortgage Association (GNMA), and (vi) State and Local Government Series. "Fiscal Year" means any twelve-month period beginning on July 1 in any year and extending to the next succeeding June 30, both dates inclusive, or any other twelve month period selected and designated by the Successor Agency to the Trustee in writing as its official fiscal year period. "Former Agency" means the former Redevelopment Agency of the City of Temecula. "Housing Projects Account" means the account by that name within the Program Fund established and held by the Trustee pursuant to Section 3.04. "Indenture" means this Indenture of Trust by and between the Successor Agency and the Trustee, as originally entered into or as it may be amended or supplemented by any Supplemental Indenture entered into pursuant to the provisions hereof. "Independent Accountant" means any accountant or firm of such accountants duly licensed or registered or entitled to practice and practicing as such under the laws of the State, appointed by the Successor Agency, and who, or each of whom: (a) is in fact independent and not under domination of the Successor Agency; (b) does not have any substantial interest, direct or indirect, with the Successor Agency; and (c) is not connected with the Successor Agency as an officer or employee of the Successor Agency, but who may be regularly retained to make reports to the Successor Agency. "Independent Financial Consultant" means any financial consultant or firm of such consultants appointed by the Successor Agency, and who, or each of whom: (a) is in fact independent and not under domination of the Successor Agency; (b) does not have any substantial interest, direct or indirect, with the Successor Agency, other than as original purchaser of the Bonds or any Parity Debt; and (c) is not connected with the Successor Agency as an officer or employee of the Successor Agency, but who may be regularly retained to make reports to the Successor Agency. "Independent Redevelopment Consultant" means any consultant or firm of such consultants appointed by the Successor Agency, and who, or each of whom: (a) is judged by the Successor Agency to have experience in matters relating to the collection of tax increment revenues or otherwise with respect to the financing of Redevelopment Project; (b) is in fact independent and not under domination of the Successor Agency; (c) does not have any substantial interest, direct or indirect, with the Successor Agency; and (d) is not connected with the Successor Agency as an officer or employee of the Successor Agency, but who may be regularly retained to make reports to the Successor Agency. "Information Services" means the Electronic Municipal Market Access System (referred to as "EMMA"), a facility of the Municipal Securities Rulemaking Board (at http: / / emma.msrb.org) or, in accordance with then current guidelines of the Securities and Exchange Commission, such other addresses and/or such other national information services -6- providing information with respect to called bonds as the Successor Agency may designate in a Written Certificate of the Successor Agency delivered to the Trustee. "Interest Account" means the account by that name established and held by the Trustee pursuant to Section 4.03(a). "Interest Payment Date" means June 15 and December 15 in each year, commencing June 15, 2018, so long as any of the Bonds remain Outstanding hereunder. "Last and Final ROPS" means a Last and Final Recognized Obligation Payment Schedule authorized by Section 34191.6 of the Dissolution Act. ["Late Payment Rate" means the lesser of (a) the greater of (i) the per annum rate of interest, publicly announced from time to time by JPMorgan Chase Bank at its principal office in the City of New York, as its prime or base lending rate ("Prime Rate") (any change in such Prime Rate to be effective on the date such changes are announced by JPMorgan Chase Bank) plus 3%, and (ii) then applicable highest rate of interest on the Bonds, and (b) the maximum rate permissible under applicable usury or similar laws limiting interest rates. The Late Payment Rate shall be computed on the basis of the actual number of days elapsed over a year of 360 days. In the event JPMorgan Chase Bank ceases to announce its Prime Rate publicly, Prime Rate shall be the publicly announced prime or base lending rate of such bank, banking association or trust company bank as the Municipal Bond Insurer in its sole and absolute discretion shall specify.] "Law" means the Community Redevelopment Law of the State, constituting Part 1 of Division 24 of the California Health and Safety Code, and the acts amendatory thereof and supplemental thereto. "Maximum Annual Debt Service" means, as of the date of calculation, the largest Annual Debt Service for the current or any future Bond Year following the anticipated issuance of Bonds and Parity Debt. "Moody's" means Moody's Investors Service, its successors and assigns. ["Municipal Bond Insurance Policy" means the Municipal Bond Insurance Policy issued by the Municipal Bond Insurer that guarantees the scheduled payment of principal of and interest on the Bonds when due.] ["Municipal Bond Insurer" means or any successor thereto.] "Original Purchaser" means Stifel, Nicolaus & Company Incorporated, the original purchaser of the Bonds upon their delivery by the Trustee on the Closing Date. "Outstanding" when used as of any particular time with reference to Bonds, means (subject to the provisions of Section 10.05) all Bonds except: (a) Bonds theretofore canceled by the Trustee or surrendered to the Trustee for cancellation; (b) Bonds paid or deemed to have been paid within the meaning of Section 10.03; and (c) Bonds in lieu of or in substitution for which other Bonds shall have been authorized, executed, issued and delivered by the Successor Agency pursuant hereto. -7- "Oversight Board" means the oversight board to the Successor Agency duly constituted from time to time pursuant to section 34179 of the Dissolution Act. "Owner" or "Bondowner" or "Bond Owner," when used with respect to the Bonds, means the person in whose name the ownership of the Bonds shall be registered on the Registration Books. "Parity Debt" means any loans, advances or indebtedness issued or incurred by the Successor Agency on a parity with the Bonds pursuant to Section 3.05. "Participating Underwriter" has the meaning ascribed thereto in the Continuing Disclosure Certificate. "Pass -Through Agreements" means, collectively, the following agreements: (a) Amended and Restated Agreement Between the County of Riverside, the Redevelopment Agency of the County of Riverside, the City of Temecula and the Redevelopment Agency of the City of Temecula for Reimbursement and Distribution of Tax Increment Funds from the Temecula Redevelopment Project, dated January 22, 2002; (b) Cooperation Agreement Between The Mt. San Jacinto Community College District, The County of Riverside and The Redevelopment Agency for the County of Riverside, dated August 23, 1988; (c) Cooperation Agreement Between the Temecula Public Cemetery District, The County of Riverside and The Redevelopment Agency for the County of Riverside, dated August 1, 1988; (d) Cooperation Agreement Between Temecula Valley Unified School District, the County of Riverside and the Redevelopment Agency for the County of Riverside, dated April 17, 1991; (e) Cooperation Agreement Between the County Service Area No. 75, the County of Riverside and the Redevelopment Agency For the County of Riverside, dated August 4, 1988; (f) Cooperation Agreement Between the Eastern Municipal Water District, the County of Riverside and the Redevelopment Agency for the County of Riverside, dated October 3, 1988; and (g) Cooperation Agreement Between the Riverside County Flood Control and Water Conservation District, the County of Riverside and the Redevelopment Agency For the County of Riverside, dated November 1, 1988. "Permitted Investments" means the following, but only to the extent that the same are acquired at Fair Market Value: (a) Federal Securities. (b) Bonds, debentures, notes or other evidence of indebtedness issued or guaranteed by any of the following federal agencies and provided such obligations are backed by the full faith and credit of the United States of America (stripped securities are only permitted if they have been stripped by the agency itself): 1. U.S. Export -Import Bank (Eximbank) Direct obligations or fully guaranteed certificates of beneficial ownership 2. U.S. Farmers Home Administration (FmHA) Certificates of Beneficial Ownership 3. Federal Financing Bank 4. Federal Housing Administration Debentures (FHA) 5. General Services Administration Participation Certificates -8- 6. Government National Mortgage Association (GNMA or Ginnie Mae) GNMA—guaranteed mortgage-backed bonds GNMA—guaranteed pass-through obligations 7. U.S. Maritime Administration Guaranteed Title XI financing 8. U.S. Department of Housing and Urban Development (HUD) Project Notes Local Authority Bonds New Communities Debentures - U.S. government guaranteed debentures U.S. Public Housing Notes and Bonds - U.S. government guaranteed public housing notes and bonds (c) Bonds, debentures, notes or other evidence of indebtedness issued or guaranteed by any of the following federal agencies which are not backed by the full faith and credit of the United States of America (stripped securities are only permitted if they have been stripped by the agency itself): 1. Federal Home Loan Bank System Senior debt obligations 2. Federal Home Loan Mortgage Corporation (FHLMC or Freddie Mac) Participation Certificate Senior debt obligations 3. Federal National Mortgage Association (FNMA or Fannie Mae) Mortgage-backed securities and senior debt obligations 4. Student Loan Marketing Association (SLMA or Sallie Mae) Senior debt obligations 5. Resolution Funding Corp. (REFCORP) obligations 6. Farm Credit System Consolidated systemwide bonds and notes (d) Money market funds registered under the Federal Investment Company Act of 1940, whose shares are registered under the Federal Securities Act of 1933, which invest solely in Federal Securities, if rated by S&P, having a rating of AAAm-G; and if rated by Moody's having a rating of Aaa, including such funds for which the Trustee, its affiliates or subsidiaries provide investment advisory or other management services or for which the Trustee or an affiliate of the Trustee serves as investment administrator, shareholder servicing agent, and / or custodian or subcustodian, notwithstanding that (i) the Trustee or an affiliate of the Trustee receives fees from funds for services rendered, (ii) the Trustee collects fees for services rendered pursuant to this Indenture, which fees are separate from the fees received from such funds, and (iii) services performed for such funds and pursuant to this Indenture may at times duplicate those provided to such funds by the Trustee or an affiliate of the Trustee. (e) Certificates of deposit secured at all times by collateral described in (a) and/or (b) above. Such certificates must be issued by commercial banks or savings and loan associations (including the Trustee or its affiliates). The collateral must be held by a third party and the bondholders must have a perfected first security interest in the collateral. -9- (f) Certificates of deposit, savings accounts, deposit accounts or money market deposits which are fully insured by FDIC including those of the Trustee or its affiliates or secured at all times by collateral described in (a) and/or (b) above. (g) Commercial paper rated, at the time of purchase, "Prime -1" by Moody's and "A-1" or better by S&P. (h) Deposit accounts, Federal funds or bankers acceptances with a maximum term of 180 days of any bank which has an unsecured, uninsured and unguaranteed obligation rating of "Prime -1" or better by Moody's and "A-1" or better by S&P. (i) The Local Agency Investment Fund of the State, created pursuant to section 16429.1 of the California Government Code. (j) Other forms of investments that satisfy the City's Statement of Investment Policy. "Principal Account" means the account by that name established and held by the Trustee pursuant to Section 4.03(b). "Principal Corporate Trust Office" means such corporate trust office of the Trustee as may be designated from time to time by written notice from the Trustee to the Successor Agency, initially being at 655 West Fifth Street, 24th Floor, Los Angeles, California 90071, Attention: Corporate Trust Services, except that, with respect to presentation of Bonds for payment or for registration of transfer and exchange, such term shall mean the office or agency of the Trustee at which, at any particular time, its corporate trust operations and agency business shall be conducted, initially in St. Paul, Minnesota. "Prior Bond Proceeds Account" means the account by that name within the Program Fund established and held by the Trustee pursuant to Section 3.04. "Prior Bonds" has the meaning given to such term in the second Recital to this Indenture. "Program Fund" means the fund by that name established and held by the Trustee pursuant to Section 3.04. "Rating Category" means any generic rating category of Moody's or S&P, without regard to any refinement of such category by plus or minus sign or by numerical or other qualifying designation. "Recognized Obligation Payment Schedule" or "ROPS" means a Recognized Obligation Payment Schedule, prepared and approved from time to time pursuant to subdivision (1) of section 34177 of the Dissolution Act. "Record Date" means, with respect to any Interest Payment Date, the close of business on the first (1st) calendar day of the month in which such Interest Payment Date occurs, whether or not such first (1st) calendar day is a Business Day. "Redemption Account" means the account by that name established and held by the Trustee pursuant to Section 4.03(e). "Redevelopment Obligation Retirement Fund" means the fund by that name established pursuant to section 34170.5 of the Dissolution Act and referenced in Section 4.02 of this Indenture. -10- "Redevelopment Plan" means the Redevelopment Plan for the Temecula Redevelopment Project No. 1 of the Former Agency, approved by Ordinance No. 658 enacted by the Board of Supervisors of the County on July 12, 1988, and subsequently amended by Ordinance Nos. 91- 15, 94-33, 06-11, 07-20 and 07-21, adopted by the City Council of the City on April 9, 1991, December 20, 1994, September 26, 2006, January 8, 2008, and January 8, 2008, respectively, together with any further amendments to such Redevelopment Plan duly authorized pursuant to the Law. "Redevelopment Project" means the undertaking of the Former Agency and the Successor Agency pursuant to the Redevelopment Plan and the Law for the redevelopment of the project area described in the Redevelopment Plan. "Redevelopment Property Tax Trust Fund" means the fund established under section 34170.5(b) of the Law and administered by the County Auditor -Controller. "Refunding Bond Law" means, collectively, section 34177.5(g) of the Law and section 53580 et seq. of the California Government Code "Registration Books" means the records maintained by the Trustee pursuant to Section 2.08 for the registration and transfer of ownership of the Bonds. "Report" means a document in writing signed by an Independent Financial Consultant or an Independent Redevelopment Consultant and including: (a) a statement that the person or firm making or giving such Report has read the pertinent provisions of this Indenture to which such Report relates; (b) a brief statement as to the nature and scope of the examination or investigation upon which the Report is based; and (c) a statement that, in the opinion of such person or firm, sufficient examination or investigation was made as is necessary to enable said consultant to express an informed opinion with respect to the subject matter referred to in the Report. "Reserve Account" means the account by that name established and held by the Trustee pursuant to Section 4.03(d). ["Reserve Policy" means the Municipal Bond Debt Service Reserve Insurance Policy issued by the Municipal Bond Insurer in lieu of a cash funded reserve fund for the Bonds, which allows for draws in an aggregate amount equal to the Reserve Requirement as of the Closing Date.] "Reserve Requirement" means, as of any date of calculation, to be equal to the least of (a) Maximum Annual Debt Service (not including for such purpose debt service on any Parity Debt) for then current or every subsequent Bond Year, (b) 125% of average Annual Debt Service (not including for such purpose debt service on any Parity Debt) for then current or every subsequent Bond Year, and (c) 10% of the original principal amount of the Bonds (not including any Parity Debt). On the Closing Date, such amount is $ "Responsible Officer" means any Vice President, Assistant Vice President or Trust Officer of the Trustee with responsibility for matters related to this Indenture. "ROPS" means a Recognized Obligation Payment Schedule, as contemplated by the Dissolution Act. -11- "ROPS Payment Period" means the six-month fiscal period (commencing on each January 1 and July 1) during which monies distributed on a RPTTF Distribution Date are permitted to be expended under the Dissolution Act. "ROPS Period" means the twelve-month fiscal period (commencing on each July 1) covered by a ROPS; provided, that if the Dissolution Act is hereafter amended, such that each ROPS covers a fiscal period of a different length, or if the Successor Agency adopts a Last and Final ROPS that is approved by the Oversight Board and the State Department of Finance, then "ROPS Period" shall mean such other fiscal period per the Dissolution Act, as amended, or the fiscal period covered by the Last and Final ROPS, as applicable. "RPTTF Distribution Date" means each January 2 and June 1, as specified in Section 34183 of the Dissolution Act, on which the County Auditor -Controller allocates and distributes to the Successor Agency monies from the Redevelopment Property Tax Trust Fund for payment on enforceable obligations pursuant to an approved ROPS. "S&P" means S&P Global Ratings, a Standard & Poor's Financial Services LLC business, New York, New York, or its successors. "Securities Depositories" means The Depository Trust Company, and, in accordance with then current guidelines of the Securities and Exchange Commission, such other addresses and/or such other securities depositories as the Successor Agency may designate in a Certificate of the Successor Agency delivered to the Trustee. "Sinking Account" means the account by that name established and held by the Trustee pursuant to Section 4.03(c). "State" means the State of California. "Statutory Pass -Through Amounts" means all amounts required to be paid to affected taxing agencies pursuant to sections 33607.5 and / or 33607.7 of the Law and section 34183 of the Dissolution Act. "Successor Agency" means the Successor Agency to the Temecula Redevelopment Agency, as successor to the Former Agency, a public body corporate and politic duly organized and existing under the Law. "Supplemental Indenture" means any resolution, agreement or other instrument which has been duly adopted or entered into by the Successor Agency, but only if and to the extent that such Supplemental Indenture is specifically authorized hereunder. "Tax Revenues" means the moneys deposited or available for deposit from time to time in the Redevelopment Property Tax Trust Fund established pursuant to subdivision (b) of section 34170.5 of the Dissolution Act, as provided in paragraph (2) of subdivision (a) of section 34183 of the Dissolution Act, after payment of (a) County administrative fees pursuant to section 34183(a) of the Dissolution Act, and (b) all amounts required to be paid by the Successor Agency pursuant to any Pass -Through Agreement or any Statutory Pass -Through Amounts (to the extent that the payments thereunder or any such Statutory Pass -Through Amounts, respectively, are not subordinated to the Successor Agency's obligation to repay the Bonds). If, and to the extent, that the provisions of section 34172 or paragraph (2) of subdivision (a) of section 34183 of the Dissolution Act are invalidated by a final judicial decision, then Tax Revenues shall include all tax revenues allocated to the payment of indebtedness of the -12- Successor Agency pursuant to section 33670 of the Law or such other section as may be in effect at the time providing for the allocation of tax increment revenues to the Successor Agency in accordance with Article XVI, Section 16 of the California Constitution. "Term Bonds" means the Bonds maturing on December 15, and December 15, and any Parity Debt the principal thereof is payable from sinking fund installments. "Trustee" means U.S. Bank National Association, as trustee hereunder, or any successor thereto appointed as trustee hereunder in accordance with the provisions of Article VI. "2011A Bonds" means the Redevelopment Agency of the City of Temecula Temecula Redevelopment Project No. 1 Tax Allocation Housing Bonds, 2011 Series A. "2011A Escrow Agreement" means that certain Escrow Deposit, dated as of 1, 2017, by and between the Successor Agency and the Escrow Bank, to provide for the defeasance and redemption of the 2011A Bonds. "2007 Bonds" means the Redevelopment Agency of the City of Temecula Temecula Redevelopment Project No. 1 2007 Tax Allocation Bonds (Subordinate Lien). "2007 Escrow Agreement" means that certain Escrow Deposit, dated as of 1, 2017, by and between the Successor Agency and the Escrow Bank, to provide for the defeasance and redemption of the 2007 Bonds. "2017A Bonds" means the $ Successor Agency to the Temecula Redevelopment Agency Tax Allocation Refunding Bonds, Series 2017A; and, when the context requires, any Parity Debt. "2017B Bonds" means the $ Successor Agency to the Temecula Redevelopment Agency Taxable Tax Allocation Refunding Bonds, Series 2017B; and, when the context requires, any Parity Debt. "2006A Bonds" means the Redevelopment Agency of the City of Temecula Temecula Redevelopment Project No. 1 2006 Tax Allocation Bonds, Series A. "2006A Escrow Agreement" means that certain Escrow Agreement, dated as of 2017, by and between the Successor Agency and the Escrow Bank, to provide for the defeasance and redemption of the 2006A Bonds. "2006B Bonds" means the Redevelopment Agency of the City of Temecula Temecula Redevelopment Project No. 1 2006 Tax Allocation Bonds, Series B (Subordinate Lien). "2006B Escrow Agreement" means that certain Escrow Deposit, dated as of 1, 2017, by and between the Successor Agency and the Escrow Bank, to provide for the defeasance and redemption of the 2006B Bonds. "2010B Bonds" means the Redevelopment Agency of the City of Temecula Temecula Redevelopment Project No. 1 Tax Allocation Housing Bonds, 2010 Series B (Taxable Build America Bonds). "2010B Escrow Agreement" means that certain Escrow Deposit, dated as of 1, 2017, by and between the Successor Agency and the Escrow Bank, to provide for the payment of -13- a portion of the debt service on the Bonds to and including December 15, 2020, and the redemption of the then outstanding 2010B Bonds maturing on and after December 15, 2021 on December 15, 2020. "2002 Bonds" means the Redevelopment Agency of the City of Temecula Temecula Redevelopment Project No. 1 2002 Tax Allocation Bonds. "2002 Escrow Agreement" means that certain Escrow Agreement, dated as of , 2017, by and between the Successor Agency and the Escrow Bank, to provide for the defeasance and redemption of the 2002 Bonds. "Written Request of the Successor Agency" or "Written Certificate of the Successor Agency" means a request or certificate, in writing signed by the Chair, Vice Chair, Executive Director or the Finance Officer of the Successor Agency or by any other officer of the Successor Agency duly authorized by the Successor Agency for that purpose. Section 1.03. Rules of Construction. All references herein to "Articles," "Sections" and other subdivisions are to the corresponding Articles, Sections or subdivisions of this Indenture, and the words "herein," "hereof," "hereunder" and other words of similar import refer to this Indenture as a whole and not to any particular Article, Section or subdivision hereof. -14- ARTICLE II AUTHORIZATION AND TERMS Section 2.01. Authorization of Bonds. (a) 2017A Bonds in the aggregate principal amount of million hundred thousand dollars ($ ) are hereby authorized to be issued by the Successor Agency under and subject to the terms of this Indenture and the Refunding Bond Law. The Bonds shall be designated the "Successor Agency to the Temecula Redevelopment Agency Tax Allocation Refunding Bonds, Series 2017A." (b) 2017B Bonds in the aggregate principal amount of million thousand dollars ($ ) are hereby authorized to be issued by the Successor Agency under and subject to the terms of this Indenture and the Refunding Bond Law. The 2017B Bonds shall be designated the "Successor Agency to the Temecula Redevelopment Agency Taxable Tax Allocation Refunding Bonds, Series 2017B." (c) This Indenture constitutes a continuing agreement with the Owners of all of the Bonds issued or to be issued hereunder and then Outstanding to secure the full and final payment of principal and redemption premiums (if any) and the interest on all Bonds which may from time to time be executed and delivered hereunder, subject to the covenants, agreements, provisions and conditions herein contained. Section 2.02. Terms of Bonds. (a) The 2017A Bonds shall be issued in fully registered form without coupons in the denomination of $5,000 or any integral multiple thereof. The 2017A Bonds shall mature on December 15 in the years and shall bear interest (calculated on the basis of a 360 -day year of twelve 30 -day months) at the rates per annum as follows: Maturity Date Principal Interest (December 15) Amount Rate -15- (b) The 2017B Bonds shall be issued in fully registered form without coupons in the denomination of $5,000 or any integral multiple thereof. The 2017B Bonds shall mature on August 1 in the years and shall bear interest (calculated on the basis of a 360 -day year of twelve 30 -day months) at the rates per annum as follows: Maturity Date Principal Interest (August 1) Amount Rate (c) Interest on the Bonds (including the final interest payment upon maturity or earlier redemption) shall be payable on each Interest Payment Date to the person whose name appears on the Registration Books as the Owner thereof as of the Record Date immediately preceding each such Interest Payment Date, such interest to be paid by check of the Trustee mailed by first class mail, postage prepaid, on the Interest Payment Date, to such Owner at the address of such Owner as it appears on the Registration Books as of such Record Date; provided however, that payment of interest may be by wire transfer to an account in the United States of America to any registered owner of Bonds in the aggregate principal amount of $1,000,000 or more who shall furnish written wire instructions to the Trustee on or before the applicable Record Date. Such instructions shall remain in effect until rescinded in writing by the Owner. Principal of and redemption premium (if any) on any Bond shall be paid upon presentation and surrender thereof, at maturity or redemption (except for Sinking Account redemptions which do not require presentment for payment), at the Principal Corporate Trust Office. Both the principal of and interest and premium (if any) on the Bonds shall be payable in lawful money of the United States of America. (d) The Bonds shall be dated as of their date of delivery and shall bear interest from the Interest Payment Date next preceding the date of authentication thereof, unless (a) it is authenticated after a Record Date and on or before the following Interest Payment Date, in which event it shall bear interest from such Interest Payment Date; or (b) the Bonds are authenticated on or before June 1, 2018, in which event they shall bear interest from their date of delivery; provided, however, that if, as of the date of authentication of the Bonds, interest thereon is in default, the Bonds shall bear interest from the Interest Payment Date to which interest has previously been paid or made available for payment thereon. Section 2.03. Redemption of Bonds. (a)(i) Optional Redemption. The 2017A Bonds maturing on or before December 15, , are not subject to optional redemption prior to maturity. The 2017A Bonds maturing on or after December 15, , are subject to redemption, at the option of the Successor Agency on any date on or after December 15, , as a whole or in part, by such maturities as shall be determined by the Successor Agency (or, in lieu of such determination, pro rata among maturities), and by lot within a maturity, from any available source of funds, at a redemption price equal to the principal amount thereof, together with accrued interest to the date fixed for redemption, without premium. -16- (ii) The 2017B Bonds maturing on or before December 15, , are not subject to optional redemption prior to maturity. The 2017B Bonds maturing on or after December 15, , are subject to redemption, at the option of the Successor Agency on any date on or after December 15, , as a whole or in part, by such maturities as shall be determined by the Successor Agency (or, in lieu of such determination, pro rata among maturities), and by lot within a maturity, from any available source of funds, at a redemption price equal to the principal amount thereof, together with accrued interest to the date fixed for redemption, without premium. (iii) The Successor Agency shall be required to give the Trustee written notice of its intention to redeem Bonds under this subsection (a) with a designation of the series and maturities to be redeemed at least forty-five (45), but not more than seventy-five (75) days, prior to the date fixed for such redemption, or such lesser number of days as shall be agreed to by the Trustee in the sole determination of the Trustee. (b) Sinking Account Redemption. (i) The 2017A Bonds maturing on December 15, (" 2017A Term Bonds"), are subject to mandatory redemption from Sinking Account payments set forth in the following schedule on December 15, , and on each December 15 thereafter, to and including December 15, , at a redemption price equal to the principal amount thereof to be redeemed (without premium), together with interest accrued thereon to the date fixed for redemption; provided, however, that if some but not all of the 2017A Term Bonds have been redeemed pursuant to subsection (a)(i) above, the total amount of Sinking Account payments to be made subsequent to such redemption shall be reduced in an amount equal to the principal amount of the 2017A Term Bonds so redeemed by reducing each such future Sinking Account payment on a pro rata basis (as nearly as practicable) in integral multiples of $5,000, as shall be designated pursuant to written notice filed by the Successor Agency with the Trustee. Redemption Date (December 15) Principal Amount (ii) The 2017B Bonds maturing on December 15, (" 2017B Term Bonds"), are subject to mandatory redemption from Sinking Account payments set forth in the following schedule on December 15, , and on each December 15 thereafter, to and including December 15, , at a redemption price equal to the principal amount thereof to be redeemed (without premium), together with interest accrued thereon to the date fixed for redemption; provided, however, that if some but not all of the 2017B Term Bonds have been redeemed pursuant to subsection (a)(ii) above, the total amount of Sinking Account payments to be made subsequent to such redemption shall be reduced in an amount equal to the principal amount of the 2017B Term Bonds so redeemed by reducing each such future Sinking Account payment on a pro rata basis (as nearly as practicable) in integral multiples of $5,000, as shall be designated pursuant to written notice filed by the Successor Agency with the Trustee. -17- Redemption Date (December 15) Principal Amount (c) Notice of Redemption. The Trustee on behalf of and at the expense of the Successor Agency will send (by first class mail, postage prepaid, or by such other means as is acceptable to the recipient thereof) notice of any redemption at least twenty (20) (or, if more, such minimum number of days as may be required by the Securities Depositories) but not more than sixty (60) days prior to the redemption date, to (i) the Owners of any Bonds designated for redemption at their respective addresses appearing on the Registration Books, and (ii) to the Securities Depositories and to the Information Services designated in a Written Request of the Successor Agency filed with the Trustee at the time the Successor Agency notifies the Trustee of its intention to redeem Bonds; but such sending of the notice of redemption will not be a condition precedent to such redemption and neither failure to receive any such notice nor any defect therein will affect the validity of the proceedings for the redemption of such Bonds or the cessation of the accrual of interest thereon. Such notice will state the redemption date and the redemption price, will designate the series and CUSIP number of the Bonds to be redeemed, state the individual number of each Bond to be redeemed or state that all Bonds of a series between two stated numbers (both inclusive) or all of the Bonds Outstanding of a series (or all Bonds of a maturity of a series) are to be redeemed, and will require that such Bonds be then surrendered (except for mandatory Sinking Account redemptions) at the Principal Corporate Trust Office of the Trustee for redemption at the said redemption price, giving notice also that further interest on such Bonds will not accrue from and after the redemption date. Notwithstanding the foregoing, in the case of any optional redemption of the Bonds under Section 2.03(a)(i) or (ii) above, the notice of redemption may also state that the redemption is conditioned upon receipt by the Trustee of sufficient moneys to redeem the applicable Bonds on the anticipated redemption date, and that the optional redemption shall not occur if, by no later than the scheduled redemption date, sufficient moneys to redeem such Bonds have not been deposited with the Trustee. In the event that the Trustee does not receive sufficient funds by the scheduled optional redemption date to so redeem the Bonds to be optionally redeemed, such event shall not constitute an Event of Default; the Trustee shall send written notice to the Owners to the effect that the redemption did not occur as anticipated, and the Bonds for which notice of optional redemption was given shall remain Outstanding for all purposes of this Indenture. Upon the payment of the redemption price of Bonds being redeemed, each check or other transfer of funds issued for such purpose shall, to the extent practicable, bear the CUSIP number identifying, by issue and maturity, the Bonds being redeemed with the proceeds of such check or other transfer. (d) Effect of Redemption. From and after the date fixed for redemption, if funds available for the payment of the redemption price of and interest on the Bonds so called for redemption shall have been duly deposited with the Trustee, such Bonds so called shall cease to be entitled to any benefit under this Indenture other than the right to receive payment of the redemption price and accrued interest to the redemption date, and no interest shall accrue thereon from and after the redemption date specified in such notice. -18- (e) Manner of Redemption. Whenever any Bonds or portions thereof are to be selected for redemption by lot, the Trustee shall make such selection, in such manner as the Trustee shall deem appropriate, and shall notify the Successor Agency thereof. All Bonds redeemed or purchased pursuant to this Section 2.03 shall be canceled and destroyed as provided in Section 10.07 hereof. (f) Selection of Bonds for Redemption. Whenever provision (other than pursuant to Section 2.03(b)) is made in this Indenture for the redemption of Bonds and less than all Bonds then currently Outstanding of a series are called for redemption, the Trustee will select Bonds of a series for redemption from Bonds of such series then currently Outstanding and not previously called for redemption, at the written direction of the Successor Agency in such order of maturity as shall be designated by the Successor Agency, and in the absence of such direction, pro rata among maturities of such series and by lot within a maturity. The Trustee will promptly notify the Successor Agency in writing of the Bonds so selected for redemption. Section 2.04. Forms of Bonds. The Bonds, the form of Trustee's Certificate of Authentication, and the form of Assignment to appear thereon, shall be substantially in the form set forth in Exhibits A and B, as applicable, attached hereto and by this reference incorporated herein, with necessary or appropriate variations, omissions and insertions, as permitted or required by this Indenture. Section 2.05. Execution of Bonds. The Bonds shall be executed on behalf of the Successor Agency by the signature of its Chair and the signature of its Secretary who are in office on the date of execution and delivery of this Indenture or at any time thereafter. Either or both of such signatures may be made manually or may be affixed by facsimile thereof. If any officer whose signature appears on any Bond ceases to be such officer before delivery of the Bonds to the purchaser, such signature shall nevertheless be as effective as if the officer had remained in office until the delivery of the Bonds to the purchaser. Any Bond may be signed and attested on behalf of the Successor Agency by such persons as at the actual date of the execution of such Bond shall be the proper officers of the Successor Agency although on the date of such Bond any such person shall not have been such officer of the Successor Agency. Only such of the Bonds as shall bear thereon a Certificate of Authentication in the form hereinafter set forth, manually executed and dated by the Trustee, shall be valid or obligatory for any purpose or entitled to the benefits of this Indenture, and such Certificate shall be conclusive evidence that such Bonds have been duly authenticated and delivered hereunder and are entitled to the benefits of this Indenture. In the event temporary Bonds are issued pursuant to Section 2.09 hereof, the temporary Bonds may bear thereon a Certificate of Authentication executed and dated by the Trustee, may be initially registered by the Trustee, and, until so exchanged as provided under Section 2.09 hereof, the temporary Bonds shall be entitled to the same benefits pursuant to this Indenture as definitive Bonds authenticated and delivered hereunder. Section 2.06. Transfer of Bonds. Any Bond may, in accordance with its terms, be transferred, upon the Registration Books, by the person in whose name it is registered, in person or by a duly authorized attorney of such person, upon surrender of such Bond to the Trustee at its Principal Corporate Trust Office for cancellation, accompanied by delivery of a written instrument of transfer in a form acceptable to the Trustee, duly executed. Whenever any Bond or Bonds shall be surrendered for registration of transfer, the Successor Agency shall execute and the Trustee shall deliver a new Bond or Bonds, of like series, interest rate, maturity and principal amount of authorized denominations. The Trustee shall collect from the Owner -19- any tax or other governmental charge on the transfer of any Bonds pursuant to this Section 2.06. The cost of printing Bonds and any services rendered or expenses incurred by the Trustee in connection with any transfer shall be paid by the Successor Agency. The Trustee may refuse to transfer, under the provisions of this Section 2.06, either (a) any Bonds during the period fifteen (15) days prior to the date established by the Trustee for the selection of Bonds for redemption, or (b) any Bonds selected by the Trustee for redemption. Section 2.07. Exchange of Bonds. Bonds may be exchanged at the Principal Corporate Trust Office for a like aggregate principal amount of Bonds of other authorized denominations of the same series, interest rate and maturity. The Trustee shall collect any tax or other governmental charge on the exchange of any Bonds pursuant to this Section 2.07. The cost of printing Bonds and any services rendered or expenses incurred by the Trustee in connection with any exchange shall be paid by the Successor Agency. The Trustee may refuse to exchange, under the provisions of this Section 2.07, either (a) any Bonds during the fifteen (15) days prior to the date established by the Trustee for the selection of Bonds for redemption or (b) any Bonds selected by the Trustee for redemption. Section 2.08. Registration of Bonds. The Trustee will keep or cause to be kept, at its Principal Corporate Trust Office, sufficient records for the registration and registration of transfer of the Bonds, which shall at all times during normal business hours be open to inspection by the Successor Agency, upon reasonable prior notice to the Trustee; and, upon presentation for such purpose, the Trustee shall, under such reasonable regulations as it may prescribe, register or transfer or cause to be registered or transferred, on the Registration Books Bonds as hereinbefore provided. Section 2.09. Temporary Bonds. The Bonds may be initially issued in temporary form exchangeable for definitive Bonds when ready for delivery. The temporary Bonds may be printed, lithographed or typewritten, shall be of such denominations as may be determined by the Successor Agency, and may contain such reference to any of the provisions of this Indenture as may be appropriate. Every temporary Bond shall be executed by the Successor Agency upon the same conditions and in substantially the same manner as the definitive Bonds. If the Successor Agency issues temporary Bonds, it will execute and furnish definitive Bonds without delay, and thereupon the temporary Bonds shall be surrendered, for cancellation, in exchange therefor at the Principal Corporate Trust Office, and the Trustee shall deliver in exchange for such temporary Bonds an equal aggregate principal amount of definitive Bonds of authorized denominations, interest rates and like maturities. Until so exchanged, the temporary Bonds shall be entitled to the same benefits pursuant to this Indenture as definitive Bonds authenticated and delivered hereunder. Section 2.10. Bonds Mutilated, Lost, Destroyed or Stolen. If any Bond shall become mutilated, the Successor Agency, at the expense of the Owner of such Bond, shall execute, and the Trustee shall thereupon deliver, a new Bond of like tenor and amount in exchange and substitution for the Bond so mutilated, but only upon surrender to the Trustee of the Bond so mutilated. Every mutilated Bond so surrendered to the Trustee shall be canceled by it. If any Bond shall be lost, destroyed or stolen, evidence of such loss, destruction or theft may be submitted to the Trustee and, if such evidence be satisfactory to the Trustee and indemnity for the Trustee and the Successor Agency satisfactory to the Trustee shall be given, the Successor Agency, at the expense of the Owner, shall execute, and the Trustee shall thereupon deliver, a new Bond of like tenor and amount in lieu of and in substitution for the Bond so lost, destroyed or stolen (or if any such Bond has matured or has been called for redemption, instead of issuing -20- a substitute Bond, the Trustee may pay the same without surrender thereof upon receipt of indemnity satisfactory to the Trustee and the Successor Agency). The Successor Agency may require payment by the Owner of a sum not exceeding the actual cost of preparing each new Bond issued under this Section 2.10 and of the expenses which may be incurred by the Successor Agency and the Trustee in the premises. Any Bond issued under the provisions of this Section 2.10 in lieu of any Bond alleged to be lost, destroyed or stolen shall constitute an original additional contractual obligation on the part of the Successor Agency whether or not the Bond so alleged to be lost, destroyed or stolen be at any time enforceable by anyone, and shall be equally and proportionately entitled to the benefits of this Indenture with all other Bonds issued pursuant to this Indenture. Section 2.11. CUSIP Numbers. The Trustee and the Successor Agency shall not be liable for any defect or inaccuracy in the CUSIP number that appears on any Bond, check, advise of payment or redemption notice and any such document may contain a statement to the effect that CUSIP numbers have been assigned by an independent service for convenience of reference and that neither the Successor Agency nor the Trustee shall be liable for any inaccuracy in such numbers. Section 2.12. Book -Entry Only System. It is intended that the Bonds, be registered so as to participate in a securities depository system with DTC (the "DTC System"), as set forth herein. The Bonds shall be initially issued in the form of a separate single fully registered Bond for each of the maturities of the Bonds in the name of Cede & Co., as nominee of DTC. The Successor Agency and the Trustee are authorized to execute and deliver such letters to or agreements with DTC as shall be necessary to effectuate the DTC System, including a representation letter in the form required by DTC (the "Representation Letter"). In the event of any conflict between the terms of any such letter or agreement, including the Representation Letter, and the terms of this Indenture, the terms of this Indenture shall control. DTC may exercise the rights of a Bondholder only in accordance with the terms hereof applicable to the exercise of such rights. With respect to the Bonds registered in the books of the Trustee in the name of Cede & Co., as nominee of DTC, the Successor Agency and the Trustee, shall have no responsibility or obligation to any broker-dealer, bank or other financial institution for which DTC holds Bonds from time to time as securities depository (each such broker-dealer, bank or other financial institution being referred to herein as a "DTC Participant") or to any person on behalf of whom such a DTC Participant directly or indirectly holds an interest in the Bonds (each such person being herein referred to as an "Indirect Participant"). Without limiting the immediately preceding sentence, Successor Agency and the Trustee shall have no responsibility or obligation with respect to (a) the accuracy of the records of DTC, Cede & Co. or any DTC Participant with respect to any ownership interest in the Bonds, (b) the delivery to any DTC Participant or any Indirect Participant or any other person, other than a Bondholder, as shown in the Register, of any notice with respect to the Bonds, including any notice of redemption, (c) the payment to any DTC Participant or Indirect Participant or any other Person, other than a Bondholder, as shown in the Register, of any amount with respect to principal of, premium, if any, or interest on, the Bonds or (d) any consent given by DTC as registered owner. So long as certificates for the Bonds are not issued pursuant to this Section 2.12 and the Bonds are registered to DTC, the Successor Agency, and the Trustee shall treat DTC or any successor securities depository as, and deem DTC or any successor securities depository to be, the absolute owner of the Bonds for all purposes whatsoever, including without limitation (i) the payment of principal and interest on the Bonds, (ii) giving notice of redemption and other matters with respect to the Bonds, (iii) registering transfers with respect to the Bonds and (iv) the selection of Bonds for redemption. While in the DTC System, no person other than Cede & Co., or any successor thereto, as -21- nominee for DTC, shall receive a Bond certificate with respect to any Bond. Notwithstanding any other provision of this Indenture to the contrary, so long as any of the Bonds are registered in the name of Cede & Co., as nominee of DTC, all payments with respect to principal of, premium, if any, and interest on such Bonds and all notices with respect to such Bonds shall be made and given, respectively, in the manner provided in the Representation Letter. Upon delivery by DTC to the Trustee of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., and subject to the provisions in this Indenture with respect to interest checks being mailed to the registered owner at the close of business on the Record Date applicable to any Interest Payment Date, the name "Cede & Co." in this Indenture shall refer to such new nominee of DTC. Section 2.13. Successor Securities Depository; Transfers Outside Book Entry -Only System. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the Successor Agency and the Trustee and discharging its responsibilities with respect thereto under applicable law. The Successor Agency, without the consent of any other person, but following written notice to the Trustee, may terminate the services of DTC with respect to the Bonds. Upon the discontinuance or termination of the services of DTC with respect to the Bonds pursuant to the foregoing provisions, unless a substitute securities depository is appointed to undertake the functions of DTC hereunder, the Successor Agency, at the expense of the Successor Agency, is obligated to deliver Bond certificates to the beneficial owners of the Bonds, as described in this Indenture, and the Bonds shall no longer be restricted to being registered in the books of the Trustee in the name of Cede & Co. as nominee of DTC, but may be registered in whatever name or name Bondowner transferring or exchanging Bonds shall designate to the Trustee in writing, in accordance with the provisions of this Indenture. The Successor Agency may determine that the Bonds shall be registered in the name of and deposited with a successor depository operating a securities depository system, qualified to act as such under Section 17(a) of the Securities Exchange Act of 1934, as amended, as may be acceptable to the Successor Agency, or such depository's agent or designee. -22- ARTICLE III DEPOSIT AND APPLICATION OF PROCEEDS OF BONDS; PARITY DEBT Section 3.01. Issuance of Bonds. Upon the execution and delivery of this Indenture, the Successor Agency shall execute and deliver the 2017A Bonds to the Trustee in the aggregate principal amount of million hundred thousand dollars ($ ) and shall execute and deliver the 2017B Bonds to the Trustee in the aggregate principal amount of million thousand dollars ($ ), and the Trustee shall authenticate and deliver the Bonds upon the Written Request of the Successor Agency. Section 3.02. Application of Proceeds of Sale. (a) Upon the receipt of payment for the 2017A Bonds on the Closing Date of $ , being the principal amount of the 2017A Bonds of $ , less an underwriter's discount of $ , less [plus] an original issue discount [premium] of $ , [less $ being a portion of the premium for the Municipal Bond Insurance Policy and less $ being a portion of the premium for the Reserve Policy (which premiums were paid by the Original Purchaser as an accommodation to the Successor Agency)], the Trustee shall deposit the proceeds of sale thereof in the Bond Proceeds Account and then apply such proceeds as follows: (i) The Trustee shall deposit the amount of $ in the Costs of Issuance Fund; (ii) The Trustee shall transfer the amount of $ to the Escrow Bank for deposit as follows: $ to the escrow fund established under the 2002 Escrow Agreement, $ to the escrow fund established under the 2006A Escrow Agreement, $ to the escrow fund established under the 2006B Escrow Agreement, and $ to the escrow fund established under the 2007 Escrow Agreement. (b) Upon the receipt of payment for the 2017B Bonds on the Closing Date of $ , being the principal amount of the 2017B Bonds of $ , less an underwriter's discount of $ , less [plus] an original issue discount [premium] of $ , [less $ being a portion of the premium for the Municipal Bond Insurance Policy and less $ being a portion of the premium for the Reserve Policy (which premiums were paid by the Original Purchaser as an accommodation to the Successor Agency)], the Trustee shall deposit the proceeds of sale thereof in the Bond Proceeds Account and then apply such proceeds as follows: (i) The Trustee shall deposit the amount of $ Fund; in the Costs of Issuance (ii) The Trustee shall transfer the amount of $ to the Escrow Bank for deposit as follows: $ to the escrow fund established under the 2010B Escrow Agreement, and $ to the escrow fund established under the 2011A Escrow Agreement. -23- (c) In addition to the foregoing, the Trustee, in its capacity as trustee for the Prior Bonds, shall transfer on the Closing Date: (i) The following amounts from the following funds held under the Indenture of Trust, dated as of April 1, 2002, as amended and supplemented by the First Supplemental Indenture of Trust, dated as of December 1, 2006, each between the Former Agency and the Trustee: (A) to the escrow fund established under the Escrow Agreement $ in Fund; and (B) to the escrow fund established under the Escrow Agreement $ in the Fund. (ii) The following amounts from the following funds held under the Indenture of Trust, dated as of December 1, 2006, as amended and supplemented by the First Supplemental Indenture of Trust, dated as of October 1, 2007, each between the Former Agency and the Trustee: (A) to the Prior Bonds Proceeds Account of the Program Fund, all amounts in the Project Fund; (B) to the escrow fund established under the Escrow Agreement $ in Fund; and (C) to the escrow fund established under the Escrow Agreement $ in Fund. (iii) The following amounts from the following funds held under the Indenture of Trust, dated as of March 1, 2010, as amended and supplemented by the First Supplemental Indenture of Trust, dated as of March 1, 2011, each between the Former Agency and the Trustee: (A) to the Housing Projects Account of the Program Fund, all amounts in the 2010 Series B Bonds Housing Projects Account of the Housing Projects Fund and all amounts in the 2011 Housing Projects Fund; (B) to the escrow fund established under the Escrow Agreement $ in Fund; and (C) to the escrow fund established under the Escrow Agreement $ in Fund. (d) Upon the application of the proceeds as set forth above, the Trustee shall close the Bond Proceeds Account. The Trustee may establish, as it deems necessary, a temporary fund or account on its records to facilitate the deposits set forth herein. Section 3.03. Costs of Issuance Fund. There is hereby established a separate fund to be known as the "Costs of Issuance Fund," which shall be held by the Trustee in trust. The moneys in the Costs of Issuance Fund shall be used and withdrawn by the Trustee from time to time to pay the Costs of Issuance upon submission of a Written Request of the Successor Agency stating the person to whom payment is to be made, the amount to be paid, the purpose for which the obligation was incurred and that such payment is a proper charge against said fund. Each such Written Request of the Successor Agency shall be sufficient evidence to the Trustee of the facts stated therein and the Trustee shall have no duty to confirm the accuracy of such facts. On the date which is four months after the Closing Date, or upon the earlier Written Request of the Successor Agency, any moneys remaining on deposit in the Costs of Issuance Fund shall be withdrawn therefrom by the Trustee and transferred to the Interest Account and the Costs of Issuance Fund shall be closed. Section 3.04. Program Fund. (a) There is hereby established a separate fund to be known as the "Program Fund," and within the Program Fund a "Prior Bonds Proceeds Account" and a "Housing Projects Account," which fund and accounts shall be held by the Trustee, and into which accounts funds shall be deposited as provided in Section 3.02(c)(ii)(A) and 3.02(c)(iii)(A), respectively. -24- (b) All amounts in the Prior Bonds Proceeds Account of the Program Fund shall be transferred by the Trustee to the City upon submission to the Trustee of a Certificate of the Successor Agency stating that such amounts are to be so transferred in accordance with Section 2 of the 2007 Bond Proceeds Funding Agreement, dated as of , 2017, between the Successor Agency and the City. (c) The amounts in the Housing Projects Account of the Program Fund shall be transferred by the Trustee to the Successor Agency to be deposited by the Successor Agency to the Low and Moderate Income Housing Asset Fund maintained by the City, as the successor to the housing assets and functions of the Former Agency, upon the submission of a Certificate of the Successor Agency stating such amounts are to be so transferred and deposited in accordance with Section 1 of the Housing Bond Proceeds Funding Agreement, dated as of , 2017, between the City and the Successor Agency. (d) When no amounts remain in either the Prior Bond Proceeds Account or the Housing Projects Account of the Program Fund, the Program Fund shall be closed. Section 3.05. Issuance of Parity Debt. In addition to the Bonds, the Successor Agency may issue or incur Parity Debt only to refund the Bonds or other Parity Debt in such principal amount as shall be determined by the Successor Agency, pursuant to a separate or Supplemental Indenture adopted or entered into by the Successor Agency and Trustee. The Successor Agency may issue or incur such Parity Debt subject to the following specific conditions precedent: (a) The Successor Agency will be in compliance with all covenants set forth in this Indenture; (b) If required by the Law, the Oversight Board shall have approved the issuance of the Parity Debt. (c) The Parity Debt will be on such terms and conditions as may be set forth in a separate or Supplemental Indenture, which will provide for bonds substantially in accordance with this Indenture; (d) Receipt of a certificate or opinion of an Independent Financial Consultant stating that the total net interest cost to maturity of the Parity Debt plus the principal amount of the Parity Debt will not exceed the total net interest cost to maturity of the Bonds or previously issued Parity Debt to be refunded plus the principal amount of the Bonds or previously issued Parity Debt to be refunded. (e) The Parity Debt will mature on and interest will be payable on the same dates as the Bonds (except the first interest payment may be from the date of the Parity Debt until either the next succeeding June 15 or December 15). Section 3.06. Validity of Bonds. The validity of the authorization and issuance of the Bonds shall not be dependent upon the completion of the Redevelopment Project or upon the performance by any person of his obligation with respect to the Redevelopment Project. -25- ARTICLE IV SECURITY OF BONDS; FLOW OF FUNDS Section 4.01. Security of Bonds; Equal Security. Except as provided in Section 6.06, the Bonds and any additional Parity Debt shall be equally secured by a pledge and lien on all of the Tax Revenues and by a first and exclusive pledge and lien upon all of the moneys in the Debt Service Fund (including the Interest Account, the Principal Account, the Sinking Account and the Redemption Account therein) and the Redevelopment Obligation Retirement Fund without preference or priority for series, issue, number, dated date, sale date, date of execution or date of delivery. The Bonds (exclusive of any Parity Debt) are also secured by an exclusive pledge of, security interest in and lien on amounts in the Reserve Account. Except for the Tax Revenues and such moneys, no funds or properties of the Successor Agency shall be pledged to, or otherwise liable for, the payment of principal of or interest or redemption premium (if any) on the Bonds. In consideration of the acceptance of the Bonds by those who shall own the same from time to time, this Indenture shall be deemed to be and shall constitute a contract between the Successor Agency and the Trustee for the benefit of the Owners from time to time of the Bonds, and the covenants and agreements herein set forth to be performed on behalf of the Successor Agency shall be for the equal and proportionate benefit, security and protection of all Owners of the Bonds without preference, priority or distinction as to security or otherwise of any of the Bonds over any of the others by reason of the number or date thereof or the time of sale, execution and delivery thereof, or otherwise for any cause whatsoever, except as expressly provided therein or herein. Section 4.02. Redevelopment Obligation Retirement Fund; Deposit of Tax Revenues. There has been established a special trust fund known as the "Redevelopment Obligation Retirement Fund," which shall be held by the Successor Agency pursuant to section 34170.5 of the Dissolution Act. There is hereby established a special trust fund known as the "Debt Service Fund" and the accounts therein referred to below which shall be held by the Trustee. The Successor Agency shall deposit all of the Tax Revenues received by the Successor Agency in any Bond Year in the Redevelopment Obligation Retirement Fund promptly upon receipt thereof by the Successor Agency, and promptly thereafter shall transfer amounts received therein to the Debt Service Fund established and held by the Trustee under this Indenture until such time during such Bond Year as the amounts so transferred to the Debt Service Fund hereunder equal the aggregate amounts required to be deposited by the Trustee into the Interest Account, the Principal Account, the Sinking Account, the Reserve Account and the Redemption Account of the Debt Service Fund in such Bond Year pursuant to Section 4.03 of this Indenture and for deposit in such Bond Year in the funds and accounts established with respect to Parity Debt, as provided in any Supplemental Indenture. Any Tax Revenues received during a Bond Year and held in the Redevelopment Obligation Retirement Fund, to the extent remaining after making the foregoing transfers in such Bond Year, shall be released from the pledge and lien under this Indenture. Section 4.03. Deposit of Amounts by Trustee. There are hereby created accounts within the Debt Service Fund as set forth below, to be known respectively as the Interest Account, the Principal Account, the Sinking Account, the Reserve Account and the Redemption Account. Moneys in the Debt Service Fund will be transferred by the Trustee in the following amounts at -26- the following times, for deposit by the Trustee in the following respective accounts within the Debt Service Fund, in the following order of priority: (a) Interest Account. On or before the fifth (5th) Business Day preceding each Interest Payment Date, commencing with the June 15, 2018, Interest Payment Date, to the extent there are moneys available, the Trustee shall transfer funds from the Debt Service Fund for deposit in the Interest Account an amount which, when added to the amount contained in the Interest Account on that date, will be equal to the aggregate amount of the interest becoming due and payable on the Outstanding Bonds and Parity Debt on such Interest Payment Date. No such transfer and deposit need be made to the Interest Account if the amount contained therein is at least equal to the interest to become due on such Interest Payment Date upon all of the Outstanding Bonds and Parity Debt. Subject to this Indenture, all moneys in the Interest Account will be used and withdrawn by the Trustee solely for the purpose of paying the interest on the Bonds and Parity Debt as it becomes due and payable (including accrued interest on any Bonds and Parity Debt redeemed prior to maturity pursuant to this Indenture). (b) Principal Account. On or before the fifth (5th) Business Day preceding each Interest Payment Date, commencing with the June 15, 2018, Interest Payment Date, to the extent there are monies available, the Trustee shall transfer funds from the Debt Service Fund for deposit in the Principal Account an amount equal to one-half of the principal payments coming due and payable on the Outstanding Bonds and any Parity Debt on the next December 15. No such transfer and deposit need be made to the Principal Account if the amount contained therein is at least equal to the principal to become due on the next December 15 on all Outstanding Bonds and any Parity Debt. All moneys in the Principal Account shall be used and withdrawn by the Trustee solely for the purpose of paying the principal of the Bonds and any Parity Debt as it shall become due and payable. (c) Sinking Account. On or before the fifth (5th) Business Day preceding each Interest Payment Date, commencing with the first such date which is six months prior to the date on which principal (or any mandatory sinking payment) is due on any Term Bonds, to the extent there are moneys available, the Trustee shall transfer funds from the Debt Service Fund for deposit in the Sinking Account an amount equal to one-half of the sinking account payments becoming due and payable on any Bonds and Parity Debt that constitute Term Bonds on the next December 15, to the extent monies on deposit in the Debt Service Fund are available therefor. No such transfer and deposit need be made to the Sinking Account if the amount contained therein is at least equal to the sinking account payments to become due on the next December 15 on all Outstanding Bonds and Parity Debt that constitute Term Bonds. Subject to this Indenture, all moneys in the Sinking Account will be used and withdrawn by the Trustee solely for the purpose of paying the aggregate principal amount of the Term Bonds and term bonds relating to Parity Debt required to be redeemed on such December 15 pursuant to the provisions of the document providing for the issuance of any Parity Debt that constitutes Term Bonds. (d) Reserve Account. (i) In lieu of a cash deposit to the Reserve Account, the Reserve Policy shall be delivered to the Trustee on the Closing Date, and shall be held by the Trustee for the credit of the Reserve Account solely for the benefit of the Bonds issued on the Closing Date (and not for the benefit of any Parity Debt). The prior written consent of the Municipal Bond Insurer shall be a condition precedent to the deposit of any credit instrument in lieu of a cash deposit into the Reserve Account, other than the Reserve Policy. -27- If, on any Interest Payment Date, the moneys available in the Interest Account, the Principal Account and the Sinking Account do not equal the amount of the principal or interest on the Bonds (not including any Parity Debt) then coming due and payable, the Trustee shall apply the moneys available in the Reserve Account to make delinquent amounts by transferring the amount necessary for this purpose to the Interest Account, the Principal Account and/or the Sinking Account or shall draw on the Reserve Policy and apply amounts received from such draw to make delinquent amounts by transferring the amount necessary for this purpose to the Interest Account, the Principal Account and/or the Sinking Account. To the extent there is cash or investments on deposit in the Reserve Account, such cash or investments shall be applied first before there is any draw on the Reserve Policy or any other credit facility credited to the Reserve Account in lieu of cash (a "Credit Facility"). Payment of any Policy Costs (hereinafter defined) shall be made prior to replenishment of any such cash amounts. Draws on all Credit Facilities (including the Reserve Policy) on which there is available coverage shall be made on a pro rata basis (calculated by reference to the coverage then available thereunder) after applying all available cash and investments in the Reserve Account. Payment of Policy Costs and reimbursement of amounts with respect to other Credit Facilities shall be made on a pro rata basis prior to replenishment of any cash drawn from the Reserve Account. For the avoidance of doubt, "available coverage" means the coverage then available for disbursement pursuant to the terms of the applicable Credit Facility without regard to the legal or financial ability or willingness of the provider thereof to honor a claim or draw thereon or the failure of such provider to honor any such claim or draw. Upon receipt of any delinquent amount with respect to which moneys have been advanced from the Reserve Account or there has been a draw on the Reserve Policy, such amount shall be deposited in the Reserve Account to the extent of such advance and first applied to reimburse a draw on the Reserve Policy and then to replenish any cash drawn therefrom. The Successor Agency has no obligation to replace the Reserve Policy or to fund the Reserve Account with cash if, at any time the Bonds are outstanding, (i) amounts are unavailable under the Reserve Policy or (ii) the rating assigned to the Municipal Bond Insurer by any rating agency is downgraded, suspended or withdrawn at any time. (ii) The Successor Agency shall repay any draws under the Reserve Policy and pay all related reasonable expenses incurred by the Municipal Bond Insurer. Interest shall accrue and be payable on such draws and expenses from the date of payment by the Municipal Bond Insurer at the Late Payment Rate. Repayment of draws and payment of expenses and accrued interest thereon at the Late Payment Rate (collectively, the "Policy Costs") shall commence in the first month following each draw, and each such monthly payment shall be in an amount at least equal to 1 /12 of the aggregate of Policy Costs related to such draw. Amounts in respect of Policy Costs paid to the Municipal Bond Insurer shall be credited first to interest due, then to the expenses due and then to principal due. As and to the extent that payments are made to the Municipal Bond Insurer on account of principal due, the coverage under the Reserve Policy will be increased by a like amount, subject to the terms of the Reserve Policy. -28- All cash and investments in the Reserve Account shall be transferred to the Debt Service Fund for payment of the debt service on the Bonds before any drawing may be made on the Reserve Policy or any other Reserve Fund Credit Instrument in lieu of cash. Payment of any Policy Cost shall be made prior to replenishment of any cash amounts. Draws on all Credit Facilities (including the Reserve Policy) on which there is available coverage shall be made on a pro -rata basis (calculated by reference to the coverage then available thereunder) after applying all available cash and investments in the Reserve Account. Payment of Policy Costs and reimbursement of amounts with respect to other Credit Facilities shall be made on a pro rata basis prior to replenishment of any cash drawn from the Reserve Account. For the avoidance of doubt, "available coverage" means the coverage then available for disbursement pursuant to the terms of the applicable alternative credit instrument without regard to the legal or financial ability or willingness of the provider of such instrument to honor a claim or draw thereon or the failure of such provider to honor any such claim or draw. (iii) Draws under the Reserve Policy may only be used to make payments on Bonds (and not to make payments on any Parity Debt). (iv) If the Successor Agency shall fail to pay any Policy Costs in accordance with the requirements of paragraph (a) above, the Municipal Bond Insurer shall be entitled to exercise any and all legal and equitable remedies available to it, including those provided under this Indenture other than (i) acceleration of the maturity of the Bonds, or (ii) remedies which would adversely affect owners of the Bonds. (v) This Indenture shall not be discharged until all Policy Costs owing to the Municipal Bond Insurer shall have been paid in full. The Successor Agency's obligation to pay such amount shall expressly survive payment in full of the Bonds. In order to secure the Successor Agency's payment obligations with respect to the Policy Costs, there is hereby granted and perfected in favor of the Municipal Bond Insurer a security interest (subordinate only to that of the owners of the Bonds) in all revenues and collateral pledged as security for the Bonds. (vi) The Trustee shall ascertain the necessity for a claim upon the Reserve Policy in accordance with the provisions of paragraph (a) hereof and provide notice to the Municipal Bond Insurer at least three business days prior to each date upon which interest or principal is due on the Bonds. (vii) The Reserve Policy shall expire on the earlier of the date the Bonds are no longer outstanding and the final maturity date of the Bonds. (e) Redemption Account. On or before the fifth (5th) Business Day preceding any date on which Bonds are, or any Parity Debt is, to be optionally redeemed, the Trustee shall withdraw from the Debt Service Fund and transfer to the Redemption Account (which the Trustee shall thereupon establish and hold in trust hereunder) an amount required to pay the principal of and premium, if any, on the Bonds and any Parity Debt to be redeemed on such date, taking into account any funds then on deposit in the Redemption Account. The Trustee shall also deposit in the Redemption Account any other amounts received by it from the Successor Agency designated by the Successor Agency in writing to be deposited in the Redemption Account. All moneys in the Redemption Account shall be used and withdrawn by the Trustee solely for the purpose of paying the principal of and premium, if any, on the Bonds and any Parity Debt to be redeemed on the respective dates set for such redemption. -29- ARTICLE V COVENANTS OF THE SUCCESSOR AGENCY Section 5.01. Covenants of the Successor Agency. As long as the Bonds or any Parity Debt is outstanding and unpaid, the Successor Agency shall (through its proper members, officers, agents or employees) faithfully perform and abide by all of the covenants, undertakings and provisions contained in this Indenture or in any Bond or Parity Debt issued hereunder, including the following covenants and agreements for the benefit of the Bondowners which are necessary, convenient and desirable to secure the Bonds and any Parity Debt and will tend to make them more marketable; provided, however, that the covenants do not require the Successor Agency to expend any funds other than the Tax Revenues: (a) Use of Proceeds. The Successor Agency covenants and agrees that the proceeds of the sale of the Bonds will be deposited and used as provided in this Indenture. (b) No Priority. The Successor Agency covenants and agrees that it will not issue any obligations payable, either as to principal or interest, from the Tax Revenues which have any lien upon the Tax Revenues prior or superior to the lien of the Bonds. Except as permitted by Section 3.04 hereof, it will not issue any obligations, payable as to principal or interest, from the Tax Revenues, which have any lien upon the Tax Revenues on a parity with the Bonds authorized herein. Notwithstanding the foregoing, nothing in this Indenture shall prevent the Successor Agency (i) from issuing and selling pursuant to law, refunding obligations payable from and having any lawful lien upon the Tax Revenues, if such refunding obligations are issued for the purpose of, and are sufficient for the purpose of, refunding all of the Outstanding Bonds and Parity Debt, (ii) from issuing and selling obligations which have, or purport to have, any lien upon the Tax Revenues which is junior to the Bonds and any Parity Debt, or (iii) from issuing and selling bonds or other obligations which are payable in whole or in part from sources other than the Tax Revenues and which are not secured by any pledge of or lien on the Tax Revenues. As used herein "obligations" includes, without limitation, bonds, notes, interim certificates, debentures or other obligations. (c) Punctual Payment. The Successor Agency covenants and agrees that it will duly and punctually pay or cause to be paid the principal of and interest on each of the Bonds on the date, at the place and in the mariner provided in the Bonds. (d) Payment of Taxes and Other Charges. The Successor Agency covenants and agrees that it will from time to time pay and discharge, or cause to be paid and discharged, all payments in lieu of taxes, service charges, assessments or other governmental charges which may lawfully be imposed upon the Successor Agency or any of the properties then owned by it in the Redevelopment Project, or upon the revenues and income therefrom, and will pay all lawful claims for labor, materials and supplies which if unpaid might become a lien or charge upon any of the properties, revenues or income or which might impair the security of the Bonds or the use of Tax Revenues or other legally available funds to pay the principal of and interest on the Bonds, all to the end that the priority and security of the Bonds shall be preserved; provided, however, that nothing in this covenant shall require the Successor Agency to make any such payment so long as the Successor Agency in good faith shall contest the validity of the payment. (e) Books and Accounts; Financial Statements. The Successor Agency covenants and agrees that it will at all times keep, or cause to be kept, proper and current books and accounts (which -30- may be combined with the records and accounts of the City) in which complete and accurate entries shall be made of all transactions relating to the Redevelopment Project and the Tax Revenues and other funds relating to the Redevelopment Project. The Successor Agency will cause the City to prepare within seven (7) months after the close of each of the Successor Agency's Fiscal Years a post -audit of the financial transactions and records of the Successor Agency for the Fiscal Year to be made by an Independent Certified Public Accountant appointed by the City, and will include summary financial information regarding the Successor Agency in the City's annual audited financial statements. The Trustee shall have no duty to review such post -audits. (f) [Intentionally omitted.] (g) [Intentionally omitted.] (h) Protection of Security and Rights of Bondowners. The Successor Agency covenants and agrees to preserve and protect the security of the Bonds and the rights of the Bondowners and to contest by court action or otherwise (i) the assertion by any officer of any government unit or any other person whatsoever against the Successor Agency that (A) the Law is unconstitutional or (B) that the Tax Revenues pledged under this Indenture cannot be paid to the Successor Agency for the debt service on the Bonds or (ii) any other action affecting the validity of the Bonds or diluting the security therefor, including, with respect to the Tax Revenues, [the senior lien position of the Bonds to the Statutory Pass -Through Amounts.] (i) Tax Covenants. Notwithstanding any other provision of this Indenture, absent an opinion of Bond Counsel that the exclusion from gross income of interest on the 2017A Bonds and tax-exempt Parity Debt will not be adversely affected for federal income tax purposes, the Successor Agency covenants to comply with all applicable requirements of the Code necessary to preserve such exclusion from gross income and specifically covenants, without limiting the generality of the foregoing, as follows: (i) Rebate Requirement. The Successor Agency shall take any and all actions necessary to assure compliance with section 148(f) of the Code, relating to the rebate of excess investment earnings, if any, to the federal government, as applicable to the 2017A Bonds and any tax-exempt Parity Debt. In the event that the Successor Agency shall determine that any amounts are due and payable to the United States of America hereunder and that the Trustee has on deposit an amount of available moneys (excluding moneys on deposit in the Interest Account, the Principal Account, the Sinking Account and excluding any other moneys required to pay the principal of or interest or redemption premium, if any, on the Bonds) to make such payment, the Successor Agency shall promptly pay from available Tax Revenues or any other source of legally available funds the sum of (a) one hundred percent (100%) of the amounts determined to be due and payable to the United States of America as a result of the investment of amounts on deposit in any fund or account established hereunder, plus (b) all other amounts due and payable to the United States of America. (ii) Private Business Use Limitation. The Successor Agency shall assure that the proceeds of the 2017A Bonds are not used in a manner which would cause the 2017A Bonds to become "private activity bonds" within the meaning of section 141(a) of the Code. (iii) Private Loan Limitation. The Successor Agency shall assure that no more than five percent (5%) of the net proceeds of the 2017A Bonds are used, directly or -31- indirectly, to make or finance a loan (other than loans constituting nonpurpose obligations as defined in the Code or constituting assessments) to persons other than state or local government units. (iv) Federal Guarantee Prohibition. The Successor Agency shall not take any action or permit or suffer any action to be taken if the result of the same would be to cause the 2017A Bonds to be "federally guaranteed" within the meaning of section 149(b) of the Code. (v) No Arbitrage. The Successor Agency shall not take, or permit or suffer to be taken by the Trustee or otherwise, any action with respect to the 2017A Bond proceeds which, if such action had been reasonably expected to have been taken, or had been deliberately and intentionally taken, on the Closing Date of the Bonds, would have caused the 2017A Bonds to be "arbitrage bonds" within the meaning of section 148(a) of the Code. (j) Further Assurances. The Successor Agency covenants and agrees to adopt, make, execute and deliver any and all such further resolutions, instruments and assurances as may be reasonably necessary or proper to carry out the intention or to facilitate the performance of this Indenture, and for the better assuring and confirming unto the Owners of the rights and benefits provided in this Indenture. (k) Compliance with Dissolution Act. The Successor Agency covenants that it will comply with the requirements of the Dissolution Act necessary so as to not materially adversely affect the payment of and security for the Bonds. (1) Processing ROPs. The Successor Agency covenants and agrees that it will take all actions required under the Dissolution Act to include in Recognized Obligation Payment Schedules for each ROPS Period scheduled debt service on the Bonds and any Parity Debt (including, without limitation, any mandatory redemption payments), as well as any amount required to replenish the Reserve Account of the Debt Service Fund or to pay any amounts owing to the Municipal Bond Insurer, all so as to enable the County's Auditor -Controller to distribute from the Redevelopment Property Tax Trust Fund to the Redevelopment Obligation Retirement Fund on each RPTTF Distribution Date amounts required for the Successor Agency to pay principal of, and interest on, the Bonds and any Parity Debt, and any amounts owing to the Municipal Bond Insurer coming due in the respective ROPS Payment Period corresponding to such RPTTF Distribution Date pursuant to the Dissolution Act (including but not limited to Section 34177 therein). Without limiting the generality of the foregoing, the Successor Agency additionally covenants and agrees that, not later than February 1, 2018 and each February 1 thereafter (or at such other time as may be required by the Dissolution Act) for so long as any Bonds or any Parity Debt remain outstanding, the Successor Agency will submit to the California Department of Finance and to the County's Auditor -Controller an Oversight Board -approved ROPS that provides for the distribution of the following amounts (but only to the extent that other amounts on deposit in the Redevelopment Property Tax Trust Fund or the Redevelopment Obligation Retirement Fund reserved for payment of debt service on the Bonds or any Parity Debt or on deposit in the Debt Service Fund or in the debt service fund or similar fund relating to such other Parity Debt are insufficient therefor): [the following is a semi-annual covenant; an annual covenant may be inserted in lieu of this semi-annual one] -32- [(i) for distribution on each June 1: (A) all interest coming due and payable on the Bonds and any Parity Debt on the next succeeding December 15, and (B) fifty percent (50%) of the principal amount coming due and payable on the Bonds and any Parity Debt on the next December 15; and (ii) for distribution on each January 2: (A) all interest coming due and payable on the Bonds and any Parity Debt on the next succeeding June 15, and (B) fifty percent (50%) of the principal amount coming due and payable on the Bonds and any Parity Debt on the next December 15;1 (iii) if the Successor Agency determines it is necessary to ensure timely payment of debt service on the Bonds or any Parity Debt, the Successor Agency may also collect on each January 2 or June 1, as necessary, a reserve to be held for debt service on the Bonds and any Parity Debt on June 15 and December 15 of the next succeeding calendar year; and (iv) any amounts required to replenish the Reserve Account, any other reserve account established under any Parity Debt instrument, and any amounts due and owing to the Municipal Bond Insurer. In addition, the Successor Agency covenants that, if the amount of Tax Revenues expected to be available with respect to a ROPS Payment Period will be insufficient to pay required debt service on the outstanding 2017B Bonds, the Bonds and any Parity Debt and all other required amounts payable from the Redevelopment Obligation Retirement Fund during such ROPS Payment Period, it shall, on or before the May 1 or December 1, as applicable, preceding such ROPS Payment Period (or such other date as otherwise may be specified in the Dissolution Act), file a Notice of Insufficiency with the County Auditor -Controller in accordance with the Dissolution Act (including, but not limited to, paragraph (b) of Section 34183 therein). In the event the Successor Agency fails to provide a ROPS to the Oversight Board for approval, or provide the State Department of Finance with an Oversight Board -approved ROPS, by the statutory deadlines relating to the Bonds for any period, the Successor Agency designates the Municipal Bond Insurer as its attorney in fact with the power to make such a request relating to the Bonds. The Successor Agency agrees to amend any ROPS filing for any period during which amounts owed to the Municipal Bond Insurer with respect to the Municipal Bond Insurance Policy are not included on such ROPS, to the extent possible under the Dissolution Act. The Successor Agency will not, without the prior written consent of the Municipal Bond Insurer, approve or submit for approval by the Oversight Board or the State Department of Finance the final amendment permitted for any Last and Final ROPS. (m) Dissolution Act Invalid; Maintenance of Tax Revenues. In the event that the applicable property tax revenues provisions of the Dissolution Act are determined by a court in a final -33- judicial decision to be invalid and, in place of the invalid provisions, provisions of the Law or the equivalent become applicable to the Bonds, the Successor Agency shall comply with all requirements of the Law or the equivalent to insure the allocation and payment to it of the Tax Revenues, including without limitation the timely filing of any necessary statements of indebtedness with appropriate officials of the County and, in the case of amounts payable by the State, appropriate officials of the State. (n) Continuing Disclosure. The Successor Agency hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of this Indenture, failure of the Successor Agency to comply with the Continuing Disclosure Certificate shall not be an Event of Default hereunder. However, any Participating Underwriter or any holder or beneficial owner of the Bonds may take such actions as may be necessary and appropriate, including seeking specific performance by court order, to cause the Successor Agency to comply with its obligations under this Section 5.01(n). -34- ARTICLE VI THE TRUSTEE Section 6.01. Duties, Immunities and Liabilities of Trustee. (a) The Trustee shall, prior to the occurrence of an Event of Default, and after the curing or waiver of all Events of Default which may have occurred, perform such duties and only such duties as are specifically set forth in this Indenture and no implied covenants, duties or obligations shall be read into this Indenture against the Trustee. The Trustee shall, during the existence of any Event of Default (which has not been cured or waived), exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in their exercise, as a reasonable person would exercise or use under the circumstances in the conduct of its own affairs. (b) The Successor Agency may remove the Trustee at any time and shall remove the Trustee (i) if at any time requested to do so by an instrument or concurrent instruments in writing signed by the Owners of not less than a majority in aggregate principal amount of the Bonds then Outstanding (or their attorneys duly authorized in writing), or (ii) if at any time the Successor Agency has knowledge that the Trustee shall cease to be eligible in accordance with subsection (e) of this Section 6.01, or shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or its property shall be appointed, or any public officer shall take control or charge of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation. In each case such removal shall be accomplished by the giving of written notice of such removal by the Successor Agency to the Trustee, whereupon the Successor Agency shall immediately appoint a successor Trustee by an instrument in writing. (c) The Trustee may at any time resign by giving written notice of such resignation to the Successor Agency and by giving the Owners notice of such resignation by first class mail, postage prepaid, at their respective addresses shown on the Registration Books. Upon receiving such notice of resignation, the Successor Agency shall promptly appoint a successor Trustee by an instrument in writing. (d) Any removal or resignation of the Trustee and appointment of a successor Trustee shall become effective only upon acceptance of appointment by the successor Trustee. If no successor Trustee shall have been appointed and have accepted appointment within forty-five (45) days of giving notice of removal or notice of resignation as aforesaid, the resigning Trustee or any Owner (on behalf of such Owner and all other Owners) may petition any court of competent jurisdiction at the expense of the Successor Agency for the appointment of a successor Trustee, and such court may thereupon, after such notice (if any) as it may deem proper, appoint such successor Trustee. Any successor Trustee appointed under this Indenture shall signify its acceptance of such appointment by executing, acknowledging and delivering to the Successor Agency and to its predecessor Trustee a written acceptance thereof, and thereupon such successor Trustee, without any further act, deed or conveyance, shall become vested with all the moneys, estates, properties, rights, powers, trusts, duties and obligations of such predecessor Trustee, with like effect as if originally named Trustee herein; but, nevertheless at the Written Request of the Successor Agency or the request of the successor Trustee, such predecessor Trustee shall execute and deliver any and all instruments of conveyance or further assurance and do such other things as may reasonably be required for more fully and certainly vesting in and confirming to such successor Trustee all the right, title -35- and interest of such predecessor Trustee in and to any property held by it under this Indenture and shall pay over, transfer, assign and deliver to the successor Trustee any money or other property subject to the trusts and conditions herein set forth. Upon request of the successor Trustee, the Successor Agency shall execute and deliver any and all instruments as may be reasonably required for more fully and certainly vesting in and confirming to such successor Trustee all such moneys, estates, properties, rights, powers, trusts, duties and obligations. Upon acceptance of appointment by a successor Trustee as provided in this subsection, the Successor Agency shall mail a notice of the succession of such Trustee to the trusts hereunder to each rating agency which then has a current rating on the Bonds and to the Owners at their respective addresses shown on the Registration Books. If the Successor Agency fails to mail such notice within fifteen (15) days after acceptance of appointment by the successor Trustee, the successor Trustee shall cause such notice to be mailed at the expense of the Successor Agency. (e) Any Trustee appointed under the provisions of this Section 6.01 in succession to the Trustee shall be a financial institution having a corporate trust office in the State, having (or in the case of a corporation, national banking association or trust company included in a bank holding company system, the related bank holding company shall have) a combined capital and surplus of at least $75,000,000, and subject to supervision or examination by federal or state authority. If such financial institution publishes a report of condition at least annually, pursuant to law or to the requirements of any supervising or examining authority above referred to, then for the purpose of this subsection the combined capital and surplus of such financial institution shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Trustee shall cease to be eligible in accordance with the provisions of this subsection (e), the Trustee shall resign immediately in the manner and with the effect specified in this Section 6.01. Section 6.02. Merger or Consolidation. Any bank, national banking association, corporation or trust company into which the Trustee may be merged or converted or with which either of them may be consolidated or any bank, national banking association, corporation or trust company resulting from any merger, conversion or consolidation to which it shall be a party or any bank, national banking association, corporation or trust company to which the Trustee may sell or transfer all or substantially all of its corporate trust business, provided such bank, national banking association, corporation or trust company shall be eligible under subsection (e) of Section 6.01, shall be the successor to such Trustee without the execution or filing of any paper or any further act, anything herein to the contrary notwithstanding. Section 6.03. Liability of Trustee. (a) The recitals of facts herein and in the Bonds contained shall be taken as statements of the Successor Agency, and the Trustee shall not assume responsibility for the correctness of the same, nor make any representations as to the validity or sufficiency of this Indenture or of the security for the Bonds or the tax status of interest thereon nor shall incur any responsibility in respect thereof, other than as expressly stated herein. The Trustee shall, however, be responsible for its representations contained in its certificate of authentication on the Bonds. The Trustee shall not be liable in connection with the performance of its duties hereunder, except for its own negligence or intentional misconduct. The Trustee shall not be liable for the acts of any agents of the Trustee selected by it with due care. The Trustee and its officers and employees may become the Owner of any Bonds with the same rights it would have if they were not Trustee and, to the extent permitted by law, may act as depository for and permit any of its officers or directors to act as a member of, or in any other capacity with respect to, any committee formed to protect -36- the rights of the Owners, whether or not such committee shall represent the Owners of a majority in principal amount of the Bonds then Outstanding. (b) The Trustee shall not be liable for any error of judgment made by a responsible employee or officer, unless the Trustee shall have been negligent in ascertaining the pertinent facts. (c) The Trustee shall not be liable with respect to any action taken or omitted to be taken by it in good faith in accordance with the direction of the Owners of not less than a majority in aggregate principal amount of the Bonds at the time Outstanding relating to the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred upon the Trustee under this Indenture. (d) The Trustee shall not be liable for any action taken by it and believed by it to be authorized or within the discretion or rights or powers conferred upon it by this Indenture, except for actions arising from the negligence or intentional misconduct of the Trustee. The permissive right of the Trustee to do things enumerated hereunder shall not be construed as a mandatory duty. (e) The Trustee shall not be deemed to have knowledge of any Event of Default hereunder unless and until a Responsible Officer shall have actual knowledge thereof, or shall have received written notice thereof from the Successor Agency at its Principal Corporate Trust Office. In the absence of such actual knowledge or notice, the Trustee may conclusively assume that no default has occurred and is continuing under this Indenture. Except as otherwise expressly provided herein, the Trustee shall not be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants or agreements herein or of any of the documents executed in connection with the Bonds, or as to the existence of an Event of Default thereunder. The Trustee shall not be responsible for the validity or effectiveness of any collateral given to or held by it. Without limiting the generality of the foregoing, the Trustee may rely conclusively on the Successor Agency's certificates to establish the Successor Agency's compliance with its financial covenants hereunder, including, without limitation, its covenants regarding the deposit of Tax Revenues into the Debt Service Fund and the investment and application of moneys (other than its covenants to transfer such moneys to the Trustee when due hereunder). The Trustee shall have no liability or obligation to the Bond Owners with respect to the payment of debt service by the Successor Agency or with respect to the observance or performance by the Successor Agency to the other conditions, covenants and terms contained in this Indenture, or with respect to the investment of any moneys in any fund or account established, held or maintained by the Successor Agency pursuant to this Indenture or otherwise. No provision of this Indenture shall require the Trustee to expend or risk its own funds or otherwise incur any financial liability in the performance of any of its duties hereunder, or in the exercise of any of its rights or powers. The Trustee shall be entitled to interest on all amounts advanced by it at the maximum rate permitted by law. The Trustee may execute any of the trusts or powers hereunder or perform any duties hereunder either directly or by or through agents, attorneys or receivers and shall be entitled to opinion and advice of counsel concerning all matters of trust and its duties hereunder. -37- The Trustee shall have no responsibility, opinion, or liability with respect to any information, statements or recital in any offering memorandum or other disclosure material prepared or distributed with respect to the issuance of these Bonds. Before taking any action under Article VIII or this Article at the written request of a majority of the Owners, the Trustee may require that a satisfactory indemnity bond be furnished by the Owners for the reimbursement of all expenses to which it may be put and to protect it against all liability, except liability which is adjudicated to have resulted from its negligence or willful misconduct in connection with any action so taken. Under no circumstances shall the Trustee be liable in its individual capacity for the obligations evidenced by the Bonds. The Trustee shall not be accountable for the use or application by the Successor Agency or any other party of any funds which the Trustee has released in accordance with the terms of this Indenture. The immunities and exceptions from liability of the Trustee shall extend to its officers, directors, employees, agents and attorneys. Whether or not expressly so provided, every provision of this Indenture relating to the conduct or affecting the liability of the Trustee shall be subject to the provisions of this Article VI. The Trustee shall not be considered in breach of or in default in its obligations hereunder or progress in respect thereto in the event of delay in the performance of such obligations due to unforeseeable causes beyond its control and without its fault or negligence, including, but not limited to, Acts of God or of the public enemy or terrorists, acts of a government, acts of the other party, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, earthquakes, explosion, mob violence, riot, inability to procure or general sabotage or rationing of labor, equipment, facilities, sources of energy, material or supplies in the open market, litigation or arbitration involving a party or others relating to zoning or other governmental action or inaction pertaining to the project, malicious mischief, condemnation, and unusually severe weather or delays of suppliers or subcontractors due to such causes or any similar event and/or occurrences beyond the control of the Trustee. Section 6.04. Right to Rely on Documents and Opinions. The Trustee shall be protected in acting upon any notice, resolution, request, consent, order, certificate, report, facsimile transmission, electronic mail, opinion or other paper or document believed by it to be genuine and to have been signed or prescribed by the proper party or parties, and shall not be required to make any investigation into the facts or matters contained thereon. The Trustee may consult with counsel, including, without limitation, counsel of or to the Successor Agency, with regard to legal questions, and the opinion of such counsel shall be full and complete authorization and protection in respect of any action taken or suffered by the Trustee hereunder in accordance therewith. Whenever in the administration of the trusts imposed upon it by this Indenture the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or suffering any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may be deemed to be conclusively proved and established by a Written Certificate of the Successor Agency, which shall be full warrant to the Trustee for any action taken or suffered under the provisions of this Indenture in reliance upon such Written Certificate, but in its discretion the Trustee may, in lieu thereof, accept other evidence of such matter or may require such additional evidence as to it may deem reasonable. The Trustee may conclusively rely on any certificate or Report of any Independent Accountant or Independent Redevelopment Consultant appointed by the Successor Agency. -38- The Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by unsecured e-mail, facsimile transmission or other similar unsecured electronic methods, provided, however, that, the Trustee shall have received an incumbency certificate listing persons designated to give such instructions or directions and containing specimen signatures of such designated persons, which such incumbency certificate shall be amended and replaced whenever a person is to be added or deleted from the listing. If the Successor Agency elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trustee acts upon such instructions, the Trustee's understanding of such instructions shall be deemed controlling. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee's reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Successor Agency agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk of interception and misuse by third parties. Section 6.05. Preservation and Inspection of Documents. All documents received by the Trustee under the provisions of this Indenture shall be retained in its possession as provided in Section 6.08 hereof and shall be subject at all reasonable times upon reasonable notice to the inspection of the Successor Agency and any Owner, and their agents and representatives duly authorized in writing, during regular business hours and under reasonable conditions. Section 6.06. Compensation and Indemnification. The Successor Agency shall pay to the Trustee from time to time reasonable compensation for all services rendered under this Indenture in accordance with the letter proposal from the Trustee approved by the Successor Agency and also all reasonable expenses, charges, legal and consulting fees and other disbursements and those of its attorneys (including the allocated costs and disbursement of in- house counsel to the extent such services are not redundant with those provided by outside counsel), agents and employees, incurred in and about the performance of its powers and duties under this Indenture. The Trustee shall have a first lien on the Tax Revenues and all funds and accounts held by the Trustee hereunder to secure the payment to the Trustee of all fees, costs and expenses, including reasonable compensation to its experts, attorneys and counsel (including the allocated costs and disbursement of in-house counsel to the extent such services are not redundant with those provided by outside counsel). The Successor Agency further covenants and agrees to indemnify, defend and save the Trustee and its officers, directors, agents and employees, harmless from and against any loss, expense and liabilities, including legal fees and expenses, which it may incur arising out of or in connection with the exercise and performance of its powers and duties hereunder, including the costs and expenses of defending against any claim of liability, but excluding any and all losses, expenses and liabilities which are due to the negligence or intentional misconduct of the Trustee, its officers, directors, agents or employees. The obligations of the Successor Agency and the rights of the Trustee under this Section 6.06 shall survive resignation or removal of the Trustee under this Indenture and payment of the Bonds and discharge of this Indenture. Section 6.07. Deposit and Investment of Moneys in Funds. Subject to the provisions of Article V hereof, all moneys held by the Trustee in the Debt Service Fund, Costs of Issuance Fund or the Redemption Account, shall, at the written direction of the Successor Agency, be invested only in Permitted Investments. If the Trustee receives no written directions from the Successor Agency as to the investment of moneys held in any fund or account, the Trustee shall request such written direction from the Successor Agency and, pending receipt of instructions, shall invest such moneys solely in Permitted Investments described in subsection (d) of the -39- definition thereof; provided, however, that any such investment shall be made by the Trustee only if, prior to the date on which such investment is to be made, the Trustee shall have received a written direction from the Successor Agency specifying a specific money market fund and, if no such written direction is so received, the Trustee shall hold such moneys uninvested. (a) Moneys in the Redevelopment Obligation Retirement Fund shall be invested by the Successor Agency only in obligations permitted by the Law which will by their terms mature not later than the date the Successor Agency estimates the moneys represented by the particular investment will be needed for withdrawal from the Redevelopment Obligation Retirement Fund. (b) Moneys in the Interest Account, the Principal Account, the Sinking Account and the Redemption Account of the Debt Service Fund shall be invested only in obligations which will by their terms mature on such dates as to ensure that before each interest and principal payment date, there will be in such account, from matured obligations and other moneys already in such account, cash equal to the interest and principal payable on such payment date. (c) Moneys in the Reserve Account shall be invested in (i) obligations which will by their terms mature on or before the date of the final maturity of the Bonds or five (5) years from the date of investment, whichever is earlier or (ii) an investment agreement which permits withdrawals or deposits without penalty at such time as such moneys will be needed or in order to replenish the Reserve Account. Obligations purchased as an investment of moneys in any of the funds or accounts shall be deemed at all times to be a part of such respective Fund or Account and the interest accruing thereon and any gain realized from an investment shall be credited to such Fund or Account and any loss resulting from any authorized investment shall be charged to such Fund or Account without liability to the Trustee. The Successor Agency or the Trustee, as the case may be, shall sell or present for redemption any obligation purchased whenever it shall be necessary to do so in order to provide moneys to meet any payment or transfer from such Fund or Account as required by this Indenture and shall incur no liability for any loss realized upon such a sale. All interest earnings received on any monies invested in the Interest Account, the Principal Account, the Sinking Account, the Redemption Account or the Reserve Account, to the extent they exceed the amount required to be in such Account, shall be transferred on each Interest Payment Date to the Debt Service Fund. The Trustee may purchase or sell to itself or any affiliate, as principal or agent, investments authorized by this Section 6.07. The Trustee shall not be responsible or liable for any loss suffered in connection with any investment of funds made by it in accordance with Section 6.07 hereof. The Successor Agency acknowledges that to the extent regulations of the Comptroller of the Currency or other applicable regulatory entity grant the Successor Agency the right to receive brokerage confirmations of security transactions as they occur, the Successor Agency specifically waives receipt of such confirmations to the extent permitted by law. The Trustee will furnish the Successor Agency, at least monthly, cash transaction statements which shall include detail for all investment transactions made by the Trustee hereunder. The Trustee or any of its affiliates may act as sponsor, advisor or manager in connection with any investments made by the Trustee hereunder. The value of Permitted Investments shall be determined as follows: (i) as to investments the bid and asked prices of which are published on a regular basis in The Wall Street Journal (or, if not there, then in The New York Times): the average of the bid and asked prices for such -40- investments so published on or most recently prior to such time of determination; (ii) as to investments the bid and asked prices of which are not published on a regular basis in The Wall Street Journal or The New York Times: the average bid price at such time of determination for such investments by any two nationally recognized government securities dealers (selected by the Successor Agency in its absolute discretion) at the time making a market in such investments or the bid price published by a nationally recognized pricing service; (iii) as to certificates of deposit and bankers acceptances: the face amount thereof, plus accrued interest; and (iv) as to any investment not specified above: the value thereof established by prior agreement between the Successor Agency and the Trustee. If more than one provision of this definition of "value" shall apply at any time to any particular investment, the value thereof at such time shall be determined in accordance with the provision establishing the lowest value for such investment; provided, notwithstanding the foregoing, in making any valuations hereunder, the Trustee may utilize and conclusively rely upon such pricing services as may be regularly available to it, including, without limitation, those within its regular accounting system. Section 6.08. Accounting Records and Financial Statements. The Trustee shall at all times keep, or cause to be kept, proper books of record and account, prepared in accordance with corporate trust industry standards, in which complete and accurate entries shall be made of all transactions relating to the proceeds of the Bonds made by it and all funds and accounts held by the Trustee established pursuant to this Indenture. Such books of record and account shall be available for inspection by the Successor Agency upon reasonable prior notice, at reasonable hours and under reasonable circumstances. The Trustee shall furnish to the Successor Agency, at least monthly, an accounting of all transactions in the form of its customary statements relating to the proceeds of the Bonds and all funds and accounts held by the Trustee pursuant to this Indenture and which include detail for all investment transactions effected by the Trustee or brokers selected by the Successor Agency. Upon the Successor Agency's election, such statements will be delivered via the Trustee's online service and upon electing such service, paper statements will be provided only upon request. The Successor Agency waives the right to receive brokerage confirmations of security transactions effected by the Trustee as they occur, to the extent permitted by law. The Successor Agency further understands that trade confirmations for securities transactions effected by the Trustee will be available upon request and at no additional cost and other trade confirmations may be obtained from the applicable broker. The Trustee shall maintain and store such records for a period of one year after the stated maturity of the Bonds. Section 6.09. Appointment of Co -Trustee or Agent. It is the purpose of this Indenture that there shall be no violation of any law of any jurisdiction (including particularly the law of the State) denying or restricting the right of banking corporations or associations to transact business as Trustee in such jurisdiction. It is recognized that in the case of litigation under this Indenture, and in particular in case of the enforcement of the rights of the Trustee on default, or in the case the Trustee deems that by reason of any present or future law of any jurisdiction it may not exercise any of the powers, rights or remedies herein granted to the Trustee or hold title to the properties, in trust, as herein granted, or take any other action which may be desirable or necessary in connection therewith, it may be necessary that the Trustee appoint an additional individual or institution as a separate trustee or co -trustee. The following provisions of this Section 6.09 are adopted to these ends. In the event that the Trustee appoints an additional individual or institution as a separate or co -trustee, each and every remedy, power, right, claim, demand, cause of action, immunity, estate, title, interest and lien expressed or intended by this Indenture to be exercised by or vested in or conveyed to the Trustee with respect thereto shall be exercisable by and vest in such separate or co -trustee but only to the extent necessary to enable such separate or co- -41- trustee to exercise such powers, rights and remedies, and every covenant and obligation necessary to the exercise thereof by such separate or co -trustee shall run to and be enforceable by either of them; provided, however, in no event shall the Trustee be responsible or liable for the acts or omissions of any co -trustee. Should any instrument in writing from the Successor Agency be required by the separate trustee or co -trustee so appointed by the Trustee for more fully and certainly vesting in and confirming to it such properties, rights, powers, trusts, duties and obligations, any and all such instruments in writing shall, on request, be executed, acknowledged and delivered by the Successor Agency. In case any separate trustee or co -trustee, or a successor to either, shall become incapable of acting, resign or be removed, all the estates, properties, rights, powers, trusts, duties and obligations of such separate trustee or co -trustee, so far as permitted by law, shall vest in and be exercised by the Trustee until the appointment of a new trustee or successor to such separate trustee or co -trustee. Section 6.10. Other Transactions with Successor Agency. The Trustee, either as principal or agent, may engage in or be interested in any financial or other transaction with the Successor Agency. -42- ARTICLE VII MODIFICATION OR AMENDMENT OF THIS INDENTURE Section 7.01. Amendment. This Indenture and the rights and obligations of the Successor Agency and of the Owners may be modified or amended at any time by a Supplemental Indenture which shall become binding upon adoption, without the consent of any Owners, to the extent permitted by law and only for any one or more of the following purposes: (a) to add to the covenants and agreements of the Successor Agency in this Indenture contained, other covenants and agreements thereafter to be observed, or to limit or surrender any rights or powers herein reserved to or conferred upon the Successor Agency; or (b) to make such provisions for the purpose of curing any ambiguity, or of curing, correcting or supplementing any defective provision contained in this Indenture, or in any other respect whatsoever as the Successor Agency may deem necessary or desirable, provided under any circumstances that such modifications or amendments shall not, in the reasonable determination of the Successor Agency, materially adversely affect the interests of the Owners; or (c) to provide for the issuance of Parity Debt in accordance with Section 3.05; or (d) to amend any provision hereof relating to the requirements of or compliance with the Code, to any extent whatsoever but only if and to the extent such amendment will not adversely affect the exemption from federal income taxation of interest on any of the Bonds, in the opinion of nationally recognized bond counsel. Except as set forth in the preceding paragraph, this Indenture and the rights and obligations of the Successor Agency and of the Owners may be modified or amended at any time by a Supplemental Indenture which shall become binding when the written consent of the Owners of a majority in aggregate principal amount of the Bonds then Outstanding are filed with the Trustee. No such modification or amendment shall (a) extend the maturity of or reduce the interest rate on any Bond or otherwise alter or impair the obligation of the Successor Agency to pay the principal, interest or redemption premiums (if any) at the time and place and at the rate and in the currency provided therein of any Bond without the express written consent of the Owner of such Bond, or (b) reduce the percentage of Bonds required for the written consent to any such amendment or modification. In no event shall any Supplemental Indenture modify any of the rights or obligations of the Trustee without its prior written consent. In addition, the Trustee shall be provided an opinion of counsel concerning the Supplemental Indenture's lack of any material adverse effect on the Owners and that all conditions precedent for any supplement or amendment have been satisfied. The Municipal Bond Insurer shall have the right to consent to amendments and supplements to this Indenture as provided in Article X hereof. Section 7.02. Effect of Supplemental Indenture. From and after the time any Supplemental Indenture becomes effective pursuant to this Article VII, this Indenture shall be deemed to be modified and amended in accordance therewith, the respective rights, duties and obligations of the parties hereto or thereto and all Owners, as the case may be, shall thereafter be determined, exercised and enforced hereunder subject in all respects to such modification and amendment, and all the terms and conditions of any Supplemental Indenture shall be deemed to be part of the terms and conditions of this Indenture for any and all purposes. -43- Section 7.03. Endorsement or Replacement of Bonds After Amendment. After the effective date of any amendment or modification hereof pursuant to this Article VII, the Successor Agency may determine that any or all of the Bonds shall bear a notation, by endorsement in form approved by the Successor Agency, as to such amendment or modification and in that case upon demand of the Successor Agency, the Owners of such Bonds shall present such Bonds for that purpose at the Principal Corporate Trust Office, and thereupon a suitable notation as to such action shall be made on such Bonds. In lieu of such notation, the Successor Agency may determine that new Bonds shall be prepared at the expense of the Successor Agency and executed in exchange for any or all of the Bonds, and in that case, upon demand of the Successor Agency, the Owners of the Bonds shall present such Bonds for exchange at the Principal Corporate Trust Office, without cost to such Owners. Section 7.04. Amendment by Mutual Consent. The provisions of this Article VII shall not prevent any Owner from accepting any amendment as to the particular Bond held by such Owner, provided that due notation thereof is made on such Bond and the Municipal Bond Insurer consents thereto. -44- ARTICLE VIII EVENTS OF DEFAULT AND REMEDIES OF OWNERS Section 8.01. Events of Default. The following events shall constitute Events of Default hereunder: (a) if default shall be made by the Successor Agency in the due and punctual payment of the principal or sinking fund payment of or interest or redemption premium (if any) on any Bond or any Parity Debt when and as the same shall become due and payable, whether at maturity as therein expressed, by declaration or otherwise; (b) if default shall be made by the Successor Agency in the observance of any of the covenants, agreements or conditions on its part in this Indenture or in the Bonds contained, other than a default described in the preceding clause (a), and such default shall have continued for a period of sixty (60) days following receipt by the Successor Agency of written notice from the Trustee or any Owner of the occurrence of such default provided that if in the reasonable opinion of the Successor Agency the failure stated in the notice can be corrected, but not within such 60 day period, such failure will not constitute an event of default if corrective action is instituted by the Successor Agency within such 60 day period and the Successor Agency thereafter diligently and in good faith cures such failure within 120 days; or (c) if the Successor Agency files a petition seeking reorganization or arrangement under the federal bankruptcy laws or any other applicable law of the United States of America, or if a court of competent jurisdiction will approve a petition seeking reorganization under the federal bankruptcy laws or any other applicable law of the United States of America, or, if under the provisions of any other law for the relief or aid of debtors, any court of competent jurisdiction will approve a petition, seeking reorganization under the federal bankruptcy laws or any other applicable law of the United States of America, or, if under the provisions of any other law for the relief or aid of debtors, any court of competent jurisdiction will assume custody or control of the Successor Agency or of the whole or any substantial part of its property. Section 8.02. Remedies of Bondowners. Any Bondowner shall have the right, for the equal benefit and protection of all Bondowners similarly situated: (a) by mandamus, suit, action or proceeding, to compel the Successor Agency and its Board members, officers, agents or employees to perform each and every term, provision and covenant contained in this Indenture and in the Bonds, and to require the carrying out of any or all such covenants and agreements of the Successor Agency and the fulfillment of all duties imposed upon it; (b) by suit, action or proceeding in equity, to enjoin any acts or things which are unlawful, or the violation of any of the Bondowners' rights; or (c) upon the happening of any Event of Default, by suit, action or proceeding in any court of competent jurisdiction, to require the Successor Agency and its Board members and employees to account as if it and they were the trustees of an express trust. Nothing herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Bondowner any plan of reorganization, arrangement, adjustment, or composition affecting the Bonds or the rights of any Bondowner thereof, or to -45- authorize the Trustee to vote in respect of the claim of any Bondowner in any such proceeding without the approval of the Bondowners so affected. Section 8.03. Application of Funds . All of the Tax Revenues and all sums in the funds and accounts established and held by the Trustee hereunder upon the date of the declaration of, and during the continuation of, an Event of Default, and all sums thereafter received by the Trustee hereunder, shall be applied by the Trustee in the following order: First, to the payment of the fees, costs and expenses of the Trustee in declaring such Event of Default and in exercising the rights and remedies set forth in this Article VIII, including reasonable compensation to its agents, attorneys (including the allocated costs and disbursements of its in-house counsel to the extent such services are not redundant with those provided by outside counsel) and counsel and any outstanding fees, expenses of the Trustee; Second, to the payment of the whole amount then owing and unpaid upon the Bonds for principal and interest, with interest on the overdue principal and installments of interest at the net effective rate then borne by the Outstanding Bonds (to the extent that such interest on overdue installments of principal and interest shall have been collected), and in case such moneys shall be insufficient to pay in full the whole amount so owing and unpaid upon the Bonds, then to the payment of such principal and interest without preference or priority of principal over interest, or interest over principal, or of any installment of interest over any other installment of interest, ratably to the aggregate of such principal and interest; and Third, to pay amounts owed the Municipal Bond Insurer in connection with the Municipal Bond Insurance Policy and the Reserve Policy. Section 8.04. Limitation on Owner's Right to Sue. No Owner of any Bond issued hereunder shall have the right to institute any suit, action or proceeding at law or in equity, for any remedy under or upon this Indenture, unless (a) such Owner shall have previously given to the Trustee written notice of the occurrence of an Event of Default; (b) the Owners of a majority in aggregate principal amount of all the Bonds then Outstanding shall have made Written Request upon the Trustee to exercise the powers hereinbefore granted or to institute such action, suit or proceeding in its own name; (c) said Owners shall have tendered to the Trustee indemnity reasonably acceptable to the Trustee against the costs, expenses and liabilities to be incurred in compliance with such request; and (d) the Trustee shall have refused or omitted to comply with such request for a period of sixty (60) days after such Written Request shall have been received by, and said tender of indemnity shall have been made to, the Trustee. Such notification, request, tender of indemnity and refusal or omission are hereby declared, in every case, to be conditions precedent to the exercise by any Owner of any remedy hereunder; it being understood and intended that no one or more Owners shall have any right in any manner whatever by his or their action to enforce any right under this Indenture, except in the manner herein provided, and that all proceedings at law or in equity to enforce any provision of this Indenture shall be instituted, had and maintained in the manner herein provided and for the equal benefit of all Owners of the Outstanding Bonds. The right of any Owner of any Bond to receive payment of the principal of (and premium, if any) and interest on such Bond as herein provided, shall not be impaired or affected without the written consent of such Owner, notwithstanding the foregoing provisions of this Section 8.04 or any other provision of this Indenture. -46- Section 8.05. Non -Waiver. Nothing in this Article VIII or in any other provision of this Indenture or in the Bonds, shall affect or impair the obligation of the Successor Agency, which is absolute and unconditional, to pay from the Tax Revenues and other amounts pledged hereunder, the principal of and interest and redemption premium (if any) on the Bonds to the respective Owners on the respective Interest Payment Dates, as herein provided, or affect or impair the right of action, which is also absolute and unconditional, of the Owners or the Trustee to institute suit to enforce such payment by virtue of the contract embodied in the Bonds. A waiver of any default by any Owner or the Trustee shall not affect any subsequent default or impair any rights or remedies on the subsequent default. No delay or omission of any Owner to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver of any such default or an acquiescence therein, and every power and remedy conferred upon the Owners and the Trustee by the Law or by this Article VIII may be enforced and exercised from time to time and as often as shall be deemed expedient by the Owners and the Trustee. If a suit, action or proceeding to enforce any right or exercise any remedy shall be abandoned or determined adversely to the Owners or the Trustee, the Successor Agency, the Trustee and the Owners shall be restored to their former positions, rights and remedies as if such suit, action or proceeding had not been brought or taken. Section 8.06. Actions by Trustee as Attorney -in -Fact. Any suit, action or proceeding which any Owner shall have the right to bring to enforce any right or remedy hereunder may be brought by the Trustee for the equal benefit and protection of all Owners similarly situated and the Trustee is hereby appointed (and the successive respective Owners by taking and holding the Bonds or Parity Debt shall be conclusively deemed so to have appointed it) the true and lawful attorney-in-fact of the respective Owners for the purpose of bringing any such suit, action or proceeding and to do and perform any and all acts and things for and on behalf of the respective Owners as a class or classes, as may be necessary or advisable in the opinion of the Trustee as such attorney-in-fact; provided, however, the Trustee shall have no duty or obligation to exercise any such right or remedy unless it has been indemnified to its satisfaction from any loss, liability or expense (including fees and expenses of its outside counsel and the allocated costs and disbursements of its in-house counsel). Section 8.07. Remedies Not Exclusive. No remedy herein conferred upon or reserved to the Owners is intended to be exclusive of any other remedy. Every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing, at law or in equity or by statute or otherwise, and may be exercised without exhausting and without regard to any other remedy conferred by the Law or any other law. The exercise of remedies hereunder shall be subject to the rights of the Municipal Bond Insurer under Article IX hereof. Section 8.08. Parties Interested Herein. Nothing in this Indenture expressed or implied is intended or shall be construed to confer upon, or to give to, any person or entity, other than the Successor Agency, the Trustee, the Municipal Bond Insurer, their officers, employees and agents, and the Owners any right, remedy or claim under or by reason of this Indenture, or any covenant, condition or stipulation of this Indenture, and all covenants, stipulations, promises and agreements in this Indenture shall be for the sole and exclusive benefit of the Successor Agency, the Trustee, their officers, employees and agents, and the Owners. -47- ARTICLE IX PROVISIONS RELATING TO THE MUNICIPAL BOND INSURER AND THE MUNICIPAL BOND INSURANCE POLICY Section 9.01. Provisions Relating to the Municipal Bond Insurer and the Municipal Bond Insurance Policy. [to come] -48- ARTICLE X MISCELLANEOUS Section 10.01. Benefits Limited to Parties. Nothing in this Indenture, expressed or implied, is intended to give to any person other than the Successor Agency, the Trustee, the Municipal Bond Insurer and the Owners, any right, remedy or claim under or by reason of this Indenture. Any covenants, stipulations, promises or agreements in this Indenture contained by and on behalf of the Successor Agency shall be for the sole and exclusive benefit of the Trustee, the Municipal Bond Insurer and the Owners. Section 10.02. Successor is Deemed Included in All References to Predecessor. Whenever in this Indenture or any Supplemental Indenture either the Successor Agency or the Trustee is named or referred to, such reference shall be deemed to include the successors or assigns thereof, and all the covenants and agreements in this Indenture contained by or on behalf of the Successor Agency or the Trustee shall bind and inure to the benefit of the respective successors and assigns thereof whether so expressed or not. Section 10.03. Discharge of Indenture. If the Successor Agency shall pay and discharge the entire indebtedness on all Bonds or any portion thereof in any one or more of the following ways: (a) by well and truly paying or causing to be paid the principal of and interest and premium (if any) on all or the applicable portion of Outstanding Bonds, as and when the same become due and payable; (b) by irrevocably depositing with the Trustee or an escrow agent, in trust or in escrow, as applicable, at or before maturity, money which, together with the available amounts then on deposit in the funds and accounts established pursuant to this Indenture, is fully sufficient to pay all or the applicable portion of Outstanding Bonds, including all principal, interest and redemption premiums, or; (c) by irrevocably depositing with the Trustee or an escrow agent, in trust or in escrow, as applicable, Defeasance Obligations in such amount as an Independent Accountant shall determine will, together with the interest to accrue thereon and available moneys then on deposit in the funds and accounts established pursuant to this Indenture, be fully sufficient to pay and discharge the indebtedness on all Bonds or the applicable portion of (including all principal, interest and redemption premiums) at or before maturity; and, if such Bonds are to be redeemed prior to the maturity thereof, notice of such redemption shall have been given pursuant to Section 2.03(c) or provision satisfactory to the Trustee shall have been made for the giving of such notice, then, at the election of the Successor Agency, and notwithstanding that any Bonds shall not have been surrendered for payment, the pledge of the Tax Revenues and other funds provided for in this Indenture and all other obligations of the Trustee and the Successor Agency under this Indenture shall cease and terminate with respect to all Outstanding Bonds or, if applicable, with respect to that portion of the Bonds which has been paid and discharged, except only (a) the covenants of the Successor Agency hereunder with respect to the Code, (b) the obligation of the Trustee to transfer and exchange Bonds hereunder, (c) the obligations of the Successor Agency under Section 6.06 hereof, and (d) the obligation of the Successor Agency to pay or cause to be paid to the Owners, from the amounts -49- so deposited with the Trustee, all sums due thereon and to pay the Trustee all fees, expenses and costs of the Trustee. In the event the Successor Agency shall, pursuant to the foregoing provision, pay and discharge any portion or all of the Bonds then Outstanding, the Trustee shall be authorized to take such actions and execute and deliver to the Successor Agency all such instruments as may be necessary or desirable to evidence such discharge, including, without limitation, selection by lot of Bonds of any maturity of the Bonds that the Successor Agency has determined to pay and discharge in part. In the case of a defeasance or payment of all of the Bonds Outstanding, any funds thereafter held by the Trustee which are not required for said purpose or for payment of amounts due to the Trustee pursuant to Section 6.06 shall be paid over to the Successor Agency. Section 10.04. Execution of Documents and Proof of Ownership by Owners. Any request, declaration or other instrument which this Indenture may require or permit to be executed by any Owner may be in one or more instruments of similar tenor, and shall be executed by such Owner in person or by their attorneys appointed in writing. Except as otherwise herein expressly provided, the fact and date of the execution by any Owner or his attorney of such request, declaration or other instrument, or of such writing appointing such attorney, may be proved by the certificate of any notary public or other officer authorized to take acknowledgments of deeds to be recorded in the state in which he purports to act, that the person signing such request, declaration or other instrument or writing acknowledged to him the execution thereof, or by an affidavit of a witness of such execution, duly sworn to before such notary public or other officer. The ownership of Bonds and the amount, maturity, number and date of ownership thereof shall be proven by the Registration Books. Any request, declaration or other instrument or writing of the Owner of any Bond shall bind all future Owners of such Bond in respect of anything done or suffered to be done by the Successor Agency or the Trustee and in accordance therewith, provided, however, that the Trustee shall not be deemed to have knowledge that any Bond is owned by or for the account of the Successor Agency unless the Successor Agency is the registered Owner or the Trustee has received written notice that any other registered Owner is such an affiliate. Section 10.05. Disqualified Bonds. In determining whether the Owners of the requisite aggregate principal amount of Bonds have concurred in any demand, request, direction, consent or waiver under this Indenture, Bonds which are owned or held by or for the account of the Successor Agency or the City (but excluding Bonds held in any employees' retirement fund) shall be disregarded and deemed not to be Outstanding for the purpose of any such determination. Upon request of the Trustee, the Successor Agency shall specify to the Trustee those Bonds disqualified pursuant to this Section 10.05. Section 10.06. Waiver of Personal Liability. No member of the governing board, officer, agent or employee of the Successor Agency shall be individually or personally liable for the payment of the principal of or interest or any premium on the Bonds; but nothing herein contained shall relieve any such member, officer, agent or employee from the performance of any official duty provided by law. Section 10.07. Destruction of Canceled Bonds. Whenever in this Indenture provision is made for the surrender to the Trustee of any Bonds which have been paid or canceled pursuant -50- to the provisions of this Indenture, the Trustee shall destroy such bonds and upon request of the Successor Agency provide the Successor Agency a certificate of destruction. Section 10.08. Notices. Any notice, request, complaint, demand, communication or other paper shall be sufficiently given and shall be deemed given when delivered or mailed by first class, registered or certified mail, postage prepaid, or sent by overnight mail, courier, fax or other electronic transmission, addressed as follows: If to the Successor Agency: Successor Agency to the Temecula Redevelopment Agency c/o City of Temecula 41000 Main Street Temecula, CA 92590 Attn: Director of Finance If to the Trustee: U.S. Bank National Association 633 W. Fifth Street, 24th Floor Los Angeles, CA 90071 Attention: Corporate Trust Services Reference: If to the Municipal Bond Insurer: The Successor Agency and the Trustee, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent. Notices to the Municipal Bond Insurer shall be provided as required by Sections 9.01(), () and (). Section 10.09. Partial Invalidity. If any Section, paragraph, sentence, clause or phrase of this Indenture shall for any reason be held illegal, invalid or unenforceable, such holding shall not affect the validity of the remaining portions of this Indenture. The Successor Agency hereby declares that it would have adopted this Indenture and each and every other Section, paragraph, sentence, clause or phrase hereof and authorized the issue of the Bonds pursuant thereto irrespective of the fact that any one or more Sections, paragraphs, sentences, clauses, or phrases of this Indenture may be held illegal, invalid or unenforceable. If, by reason of the judgment of any court, the Trustee is rendered unable to perform its duties hereunder, all such duties and all of the rights and powers of the Trustee hereunder shall, pending appointment of a successor Trustee in accordance with the provisions of Section 6.01 hereof, be assumed by and vest in the Treasurer of the Successor Agency in trust for the benefit of the Owners. The Successor Agency covenants for the direct benefit of the Owners that its Treasurer in such case shall be vested with all of the rights and powers of the Trustee hereunder, and shall assume all of the responsibilities and perform all of the duties of the Trustee hereunder, in trust for the benefit of the Bonds, pending appointment of a successor Trustee in accordance with the provisions of Section 6.01 hereof. Section 10.10. Unclaimed Moneys. Anything contained herein to the contrary notwithstanding, any money held by the Trustee for the payment and discharge of the interest or premium (if any) on or principal of the Bonds which remains unclaimed for two (2) years -51- after the date when the payments of such interest, premium and principal have become payable, if such money was held by the Trustee at such date, or for two (2) years after the date of deposit of such money if deposited with the Trustee after the date when the interest and premium (if any) on and principal of such Bonds have become payable, shall be repaid by the Trustee to the Successor Agency as its absolute property free from trust, and the Trustee shall thereupon be released and discharged with respect thereto and the Bond Owners shall look only to the Successor Agency for the payment of the principal of and interest and redemption premium (if any) on of such Bonds. Section 10.11. Execution in Counterparts. This Indenture may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Section 10.12. Governing Law. This Indenture shall be construed and governed in accordance with the laws of the State applicable to covenants made and performed in the State. [Remainder of page intentionally left blank] -52- IN WITNESS WHEREOF, the SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY, has caused this Indenture to be signed in its name by its Executive Director, and U.S. BANK NATIONAL ASSOCIATION in token of its acceptance of the trusts created hereunder, has caused this Indenture to be signed in its corporate name by its officer thereunto duly authorized, all as of the day and year first above written. ATTEST By: Secretary to the Successor Agency Approved as to form: By: Successor Agency General Counsel 19139.01:114756 S-1 SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY By: Aaron Adams, Executive Director U.S. BANK NATIONAL ASSOCIATION, as Trustee By: Authorized Officer NUMBER R - EXHIBIT A FORM OF 2017A BOND United States of America State of California County of Riverside SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY TAX ALLOCATION REFUNDING BOND, SERIES 2017A INTEREST RATE MATURITY DATE DATED DATE CUSIP December 15, 2017 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DOLLARS The SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY, a public body duly organized and existing under and by virtue of the laws of the State of California (the "Successor Agency"), for value received hereby promises to pay to the Registered Owner stated above, or registered assigns (the "Registered Owner"), on the Maturity Date stated above (subject to any right of prior redemption hereinafter provided for), the Principal Sum stated above, in lawful money of the United States of America, and to pay interest thereon in like lawful money from the Interest Payment Date (as hereinafter defined) next preceding the date of authentication of this Bond, unless (i) this Bond is authenticated on or before an Interest Payment Date and after the close of business on the first (1st) day of the month during which an Interest Payment Date occurs (the "Record Date"), in which event it shall bear interest from such Interest Payment Date, or (ii) this Bond is authenticated on or before June 1, 2018, in which event it shall bear interest from the Dated Date above; provided however, that if at the time of authentication of this Bond, interest is in default on this Bond, this Bond shall bear interest from the interest payment date to which interest has previously been paid or made available for payment on this Bond, until payment of such Principal Sum in full, at the Interest Rate per annum stated above, payable semiannually on each June 15 and December 15, commencing June 15, 2018 (each an "Interest Payment Date"), calculated on the basis of 360 -day year comprised of twelve 30 -day months. Principal hereof and premium, if any, upon early redemption hereof are payable upon surrender of this Bond at the Principal Corporate Trust Office (as such term is defined in the Indenture) of U.S. Bank National Association, as trustee (the "Trustee"), or at such other place as designated by the Trustee. Interest hereon (including the final interest payment upon maturity or earlier redemption) is payable by check of the Trustee mailed by first class mail, postage prepaid, on the Interest Payment Date to the Registered Owner hereof at the Registered Owner's address as it appears on the registration books maintained by the Trustee as of the Record Date for which such Interest Payment Date occurs; provided however, that payment of interest may be by wire transfer to an account in the United States of America to any registered A-1 owner of Bonds in the aggregate principal amount of $1,000,000 or more upon written instructions of any such registered owner filed with the Trustee for that purpose on or before the Record Date preceding the applicable Interest Payment Date. This Bond is one of a duly authorized issue of bonds of the Successor Agency designated as "Successor Agency to the Temecula Redevelopment Agency Tax Allocation Refunding Bonds, Series 2017A" (the "Bonds"), of an aggregate principal amount of million hundred thousand dollars ($ ), all of like tenor and date (except for such variation, if any, as may be required to designate varying numbers, maturities, interest rates, or redemption and other provisions) and all issued pursuant to the provisions of section 34177.5 of the California Health and Safety Code and section 53580 et seq. of the California Government Code and pursuant to a resolution of the Successor Agency adopted on September 5, 2017, a resolution of the Oversight Board of the Successor Agency to the Temecula Redevelopment Agency, adopted on September 13, 2017, and an Indenture of Trust, dated as of 1, 2017, entered into by and between the Successor Agency and the Trustee (the "Indenture"), authorizing the issuance of the Bonds. The Indenture provides for the issuance of 2017B Bonds (as defined in the Indenture) that are secured under the Indenture on a parity with the Bonds. Additional bonds or other obligations (referred to in the Indenture as "Parity Debt") may be issued on a parity with the Bonds and the 2017B Bonds, but only subject to the terms of the Indenture. Reference is hereby made to the Indenture (copies of which are on file at the office of the Successor Agency) and all indentures supplemental thereto and to the provisions of the Community Redevelopment Law of the State of California, constituting Part 1 of Division 24 of the California Health and Safety Code (the "Redevelopment Law") for a description of the terms on which the Bonds are issued, the provisions with regard to the nature and extent of the Tax Revenues (as that term is defined in the Indenture), and the rights thereunder of the registered owners of the Bonds and the rights, duties and immunities of the Trustee and the rights and obligations of the Successor Agency thereunder, to all of the provisions of which Indenture the Registered Owner of this Bond, by acceptance hereof, assents and agrees. The Bonds are being issued for the purpose of (a) providing funds to the Successor Agency to refund certain outstanding bonds issued by the former Redevelopment Agency of the City of Temecula (the "Former Agency"), as identified in the Indenture, (b) paying a portion of the cost of a reserve fund insurance policy for the Bonds and the 2017B Bonds, and (c) paying a portion of the costs of issuing the Bonds and the 2017B Bonds. The Bonds are special obligations of the Successor Agency and this Bond and the interest hereon and on all other Bonds and the interest thereon (to the extent set forth in the Indenture), are payable from, and are secured by a pledge of, security interest in and lien on the Tax Revenues being the moneys deposited from time to time in the Redevelopment Property Tax Trust Fund established pursuant to subdivision (b) of section 34170.5 of the California Health and Safety Code, as provided in paragraph (2) of subdivision (a) of section 34183 of the California Health and Safety Code. If, and to the extent, that the provisions of section 34172 or paragraph (2) of subdivision (a) of section 34183 the California Health and Safety Code are invalidated by a final judicial decision, then Tax Revenues shall include all tax revenues allocated to the payment of indebtedness pursuant to section 33670 of the California Health and Safety Code or such other section as may be in effect at the time providing for the allocation of tax increment revenues in accordance with Article XVI, Section 16 of the California Constitution. There has been created and will be maintained by the Successor Agency, the Redevelopment Obligation Retirement Fund (as defined in the Indenture) into which Tax Revenues shall be deposited and from which the Successor Agency shall transfer amounts to the Trustee for payment of the principal of and the interest and redemption premium, if any, on A-2 the Bonds, the 2017B Bonds and any future Parity Debt when due. As and to the extent set forth in the Indenture, all such Tax Revenues are exclusively and irrevocably to and constitute a trust fund, in accordance with the terms hereof and the provisions of the Indenture and the Redevelopment Law, for the security and payment or redemption of, including any premium upon early redemption, and for the security and payment of interest on, the Bonds, the 2017B Bonds and any future Parity Debt. In addition, the Bonds, the 2017B Bonds and any future Parity Debt are additionally secured at all times by a first and exclusive pledge of, security interest in and lien upon all of the moneys in the Redevelopment Obligation Retirement Fund, the Debt Service Fund, the Interest Account, the Principal Account, the Sinking Account and the Redemption Account (as such terms are defined in the Indenture). The Bonds and the 2017B Bonds (and not any Parity Debt) are also secured by an exclusive pledge of, security interest in and lien on amounts in the Reserve Account (as defined in the Indenture). Except for the Tax Revenues and such moneys, no funds or properties of the Successor Agency shall be to, or otherwise liable for, the payment of principal of or interest or redemption premium, if any, on the Bonds. The Bonds maturing on or before December 15, , are not subject to optional redemption prior to maturity. The Bonds maturing on or after December 15, , are subject to redemption, at the option of the Successor Agency on any date on or after December 15, , as a whole or in part, by such maturities as shall be determined by the Successor Agency (and, in lieu of such determination, pro rata among maturities), and by lot within a maturity, from any available source of funds, at a redemption price equal to the principal amount thereof, together with accrued interest to the date fixed for redemption, without premium. The Bonds maturing on December 15, , are also subject to mandatory redemption from sinking fund payments made by the Successor Agency, in part by lot, on December 15, , and on each December 15 thereafter, to and including December 15, at a redemption price equal to the principal amount thereof to be redeemed together with accrued interest thereon to the redemption date, without premium, as set forth in the following table: Redemption Date (December 15) Principal Amount The Bonds maturing on December 15, , are also subject to mandatory redemption from sinking fund payments made by the Successor Agency, in part by lot, on December 15, , and on each December 15 thereafter, to and including December 15, at a redemption price equal to the principal amount thereof to be redeemed together with accrued interest thereon to the redemption date, without premium, as set forth in the following table: Redemption Date (December 15) Principal Amount A-3 As provided in the Indenture, notice of redemption shall be given no less than twenty (20) (or such other minimum number of days as required by the Indenture) nor more than sixty (60) days prior to the redemption date to the respective registered owners of any Bonds designated for redemption at their addresses appearing on the Bond registration books maintained by the Trustee, but neither failure to receive such notice nor any defect in the notice so mailed shall affect the sufficiency of the proceedings for redemption. Notices of optional redemption may be conditioned upon receipt by the Trustee of sufficient moneys to redeem the Bonds on the anticipated redemption date, and if the Trustee does not receive sufficient funds by the scheduled redemption date the redemption shall not occur and the Bonds for which notice of redemption was given shall remain outstanding for all purposes of the Indenture. If this Bond is called for redemption and payment is duly provided therefor as specified in the Indenture, interest shall cease to accrue hereon from and after the date fixed for redemption. The Bonds are issuable as fully registered Bonds without coupons in denominations of $5,000 and any integral multiple thereof. Subject to the limitations and conditions and upon payment of the charges, if any, as provided in the Indenture, Bonds may be exchanged for a like aggregate principal amount of Bonds of other authorized denominations and of the same maturity. This Bond is transferable by the Registered Owner hereof, in person or by his attorney duly authorized in writing, at the Principal Corporate Trust Office of the Trustee, but only in the manner and subject to the limitations provided in the Indenture, and upon surrender and cancellation of this Bond. Upon registration of such transfer a new fully registered Bond or Bonds, of any authorized denomination or denominations, for the same aggregate principal amount and of the same maturity will be issued to the transferee in exchange herefor. The Trustee may refuse to transfer or exchange (a) any Bonds during the fifteen (15) days prior to the date established for the selection of Bonds for redemption, or (b) any Bonds selected for redemption. The Successor Agency and the Trustee may treat the Registered Owner hereof as the absolute owner hereof for all purposes, and the Successor Agency and the Trustee shall not be affected by any notice to the contrary. The rights and obligations of the Successor Agency and the registered owners of the Bonds may be modified or amended at any time in the manner, to the extent and upon the terms provided in the Indenture, but no such modification or amendment shall (a) extend the maturity of or reduce the interest rate on any Bond or otherwise alter or impair the obligation of the Successor Agency to pay the principal, interest or redemption premiums (if any) at the time and place and at the rate and in the currency provided herein of any Bond without the express written consent of the registered owner of such Bond, (b) reduce the percentage of Bonds required for the written consent to any such amendment or modification or (c) without its written consent thereto, modify any of the rights or obligations of the Trustee. This Bond is not a debt of the City of Temecula, the State of California, or any of its political subdivisions (other than the Successor Agency to the limited extent set forth in the Indenture), and neither said City nor said State or any political subdivision thereof (other than the Successor Agency to the limited extent set forth in the Indenture) is liable hereon, nor in any event shall this Bond be payable out of any funds or properties other than those of the Successor Agency. The Bonds do not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. A-4 It is hereby certified that all of the things, conditions and acts required to exist, to have happened or to have been performed precedent to and in the issuance of this Bond do exist, have happened or have been performed in due and regular time and manner as required by the Redevelopment Law and the laws of the State of California, and that the amount of this Bond, together with all other indebtedness of the Successor Agency, does not exceed any limit prescribed by the Redevelopment Law or any laws of the State of California, and is not in excess of the amount of Bonds permitted to be issued under the Indenture. Unless this certificate is presented by an authorized representative of The Depository Trust Company; a New York corporation ("DTC"), to the Successor Agency or the Trustee for registration of transfer, exchange, or payment, and any certificate issued is registered in the name of Cede & Co. or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. This Bond shall not be entitled to any benefit under the Indenture or become valid or obligatory for any purpose until the Trustee's Certificate of Authentication hereon shall have been manually signed by the Trustee. A-5 IN WITNESS WHEREOF, the Successor Agency to the Temecula Redevelopment Agency has caused this Bond to be executed in its name and on its behalf with the facsimile signature of its Chair and attested by the facsimile signature of its Secretary, all as of Dated Date stated above. SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY By: Chair ATTEST: By: Secretary TRUSTEE'S CERTIFICATE OF AUTHENTICATION This is one of the Bonds described in the within -mentioned Indenture. Authentication Date: U.S. BANK NATIONAL ASSOCIATION, as Trustee By: Authorized Signatory A-6 ASSIGNMENT For value received, the undersigned do(es) hereby sell, assign and transfer unto (Name, Address and Tax Identification or Social Security Number of Assignee) the within Bond and do(es) hereby irrevocably constitute and appoint attorney, to transfer the same on the registration books of the Trustee, with full power of substitution in the premises. Dated: Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by an eligible guarantor institution (banks, stock brokers, savings and loan associations and credit unions with membership in an approved signature guarantee medallion program) pursuant to Securities and Exchange Commission Rule 17 Ad -15. A-7 NOTICE: The signature(s) on this Assignment must correspond with the name(s) as written on the face of the within Bond in every particular, without alteration or enlargement or any change whatsoever. STATEMENT OF INSURANCE [to come] A-8 NUMBER R - EXHIBIT B FORM OF 2017B BOND United States of America State of California County of Riverside SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY TAXABLE TAX ALLOCATION REFUNDING BOND, SERIES 2017B INTEREST RATE MATURITY DATE DATED DATE CUSIP December 15, 2017 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DOLLARS The SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY, a public body duly organized and existing under and by virtue of the laws of the State of California (the "Successor Agency"), for value received hereby promises to pay to the Registered Owner stated above, or registered assigns (the "Registered Owner"), on the Maturity Date stated above (subject to any right of prior redemption hereinafter provided for), the Principal Sum stated above, in lawful money of the United States of America, and to pay interest thereon in like lawful money from the Interest Payment Date (as hereinafter defined) next preceding the date of authentication of this Bond, unless (i) this Bond is authenticated on or before an Interest Payment Date and after the close of business on the first (1st) day of the month during which an Interest Payment Date occurs (the "Record Date"), in which event it shall bear interest from such Interest Payment Date, or (ii) this Bond is authenticated on or before June 1, 2018, in which event it shall bear interest from the Dated Date above; provided however, that if at the time of authentication of this Bond, interest is in default on this Bond, this Bond shall bear interest from the interest payment date to which interest has previously been paid or made available for payment on this Bond, until payment of such Principal Sum in full, at the Interest Rate per annum stated above, payable semiannually on each June 15 and December 15, commencing June 15, 2018 (each an "Interest Payment Date"), calculated on the basis of 360 -day year comprised of twelve 30 -day months. Principal hereof and premium, if any, upon early redemption hereof are payable upon surrender of this Bond at the Principal Corporate Trust Office (as such term is defined in the Indenture) of U.S. Bank National Association, as trustee (the "Trustee"), or at such other place as designated by the Trustee. Interest hereon (including the final interest payment upon maturity or earlier redemption) is payable by check of the Trustee mailed by first class mail, postage prepaid, on the Interest Payment Date to the Registered Owner hereof at the Registered Owner's address as it appears on the registration books maintained by the Trustee as of the Record Date for which such Interest Payment Date occurs; provided however, that payment of interest may be by wire transfer to an account in the United States of America to any registered B-1 owner of Bonds in the aggregate principal amount of $1,000,000 or more upon written instructions of any such registered owner filed with the Trustee for that purpose on or before the Record Date preceding the applicable Interest Payment Date. This Bond is one of a duly authorized issue of bonds of the Successor Agency designated as "Successor Agency to the Temecula Redevelopment Agency Taxable Tax Allocation Refunding Bonds, Series 2017B" (the "Bonds"), of an aggregate principal amount of million hundred thousand dollars ($ ), all of like tenor and date (except for such variation, if any, as may be required to designate varying numbers, maturities, interest rates, or redemption and other provisions) and all issued pursuant to the provisions of section 34177.5 of the California Health and Safety Code and section 53580 et seq. of the California Government Code and pursuant to a resolution of the Successor Agency adopted on September 5, 2017, a resolution of the Oversight Board of the Successor Agency to the Temecula Redevelopment Agency, adopted on September 13, 2017, and an Indenture of Trust, dated as of 1, 2017, entered into by and between the Successor Agency and the Trustee (the "Indenture"), authorizing the issuance of the Bonds. The Indenture provides for the issuance of 2017B Bonds (as defined in the Indenture) that are secured under the Indenture on a parity with the Bonds. Additional bonds or other obligations (referred to in the Indenture as "Parity Debt") may be issued on a parity with the Bonds and the 2017A Bonds, but only subject to the terms of the Indenture. Reference is hereby made to the Indenture (copies of which are on file at the office of the Successor Agency) and all indentures supplemental thereto and to the provisions of the Community Redevelopment Law of the State of California, constituting Part 1 of Division 24 of the California Health and Safety Code (the "Redevelopment Law") for a description of the terms on which the Bonds are issued, the provisions with regard to the nature and extent of the Tax Revenues (as that term is defined in the Indenture), and the rights thereunder of the registered owners of the Bonds and the rights, duties and immunities of the Trustee and the rights and obligations of the Successor Agency thereunder, to all of the provisions of which Indenture the Registered Owner of this Bond, by acceptance hereof, assents and agrees. The Bonds are being issued for the purpose of (a) providing funds to the Successor Agency to refund certain outstanding bonds issued by the former Redevelopment Agency of the City of Temecula (the "Former Agency"), as identified in the Indenture, (b) paying a portion of the cost of a reserve fund insurance policy for the Bonds and the 2017A Bonds, and (c) paying a portion of the costs of issuing the Bonds and the 2017A Bonds. The Bonds are special obligations of the Successor Agency and this Bond and the interest hereon and on all other Bonds and the interest thereon (to the extent set forth in the Indenture), are payable from, and are secured by a pledge of, security interest in and lien on the Tax Revenues being the moneys deposited from time to time in the Redevelopment Property Tax Trust Fund established pursuant to subdivision (b) of section 34170.5 of the California Health and Safety Code, as provided in paragraph (2) of subdivision (a) of section 34183 of the California Health and Safety Code. If, and to the extent, that the provisions of section 34172 or paragraph (2) of subdivision (a) of section 34183 the California Health and Safety Code are invalidated by a final judicial decision, then Tax Revenues shall include all tax revenues allocated to the payment of indebtedness pursuant to section 33670 of the California Health and Safety Code or such other section as may be in effect at the time providing for the allocation of tax increment revenues in accordance with Article XVI, Section 16 of the California Constitution. There has been created and will be maintained by the Successor Agency, the Redevelopment Obligation Retirement Fund (as defined in the Indenture) into which Tax Revenues shall be deposited and from which the Successor Agency shall transfer amounts to B-2 the Trustee for payment of the principal of and the interest and redemption premium, if any, on the Bonds, the 2017A Bonds and any future Parity Debt when due. As and to the extent set forth in the Indenture, all such Tax Revenues are exclusively and irrevocably to and constitute a trust fund, in accordance with the terms hereof and the provisions of the Indenture and the Redevelopment Law, for the security and payment or redemption of, including any premium upon early redemption, and for the security and payment of interest on, the Bonds, the 2017A Bonds and any future Parity Debt. In addition, the Bonds, the 2017A Bonds and any future Parity Debt are additionally secured at all times by a first and exclusive pledge of, security interest in and lien upon all of the moneys in the Redevelopment Obligation Retirement Fund, the Debt Service Fund, the Interest Account, the Principal Account, the Sinking Account and the Redemption Account (as such terms are defined in the Indenture). The Bonds and the 2017A Bonds (and not any Parity Debt) are also secured by an exclusive pledge of, security interest in and lien on amounts in the Reserve Account (as defined in the Indenture). Except for the Tax Revenues and such moneys, no funds or properties of the Successor Agency shall be to, or otherwise liable for, the payment of principal of or interest or redemption premium, if any, on the Bonds. The Bonds maturing on or before December 15, , are not subject to optional redemption prior to maturity. The Bonds maturing on or after December 15, , are subject to redemption, at the option of the Successor Agency on any date on or after December 15, , as a whole or in part, by such maturities as shall be determined by the Successor Agency (and, in lieu of such determination, pro rata among maturities), and by lot within a maturity, from any available source of funds, at a redemption price equal to the principal amount thereof, together with accrued interest to the date fixed for redemption, without premium. The Bonds maturing on December 15, , are also subject to mandatory redemption from sinking fund payments made by the Successor Agency, in part by lot, on December 15, and on each December 15 thereafter, to and including December 15, at a redemption price equal to the principal amount thereof to be redeemed together with accrued interest thereon to the redemption date, without premium, as set forth in the following table: Redemption Date (December 15) Principal Amount The Bonds maturing on December 15, , are also subject to mandatory redemption from sinking fund payments made by the Successor Agency, in part by lot, on December 15, and on each December 15 thereafter, to and including December 15, at a redemption price equal to the principal amount thereof to be redeemed together with accrued interest thereon to the redemption date, without premium, as set forth in the following table: Redemption Date (December 15) Principal Amount B-3 As provided in the Indenture, notice of redemption shall be given no less than twenty (20) (or such other minimum number of days as required by the Indenture) nor more than sixty (60) days prior to the redemption date to the respective registered owners of any Bonds designated for redemption at their addresses appearing on the Bond registration books maintained by the Trustee, but neither failure to receive such notice nor any defect in the notice so mailed shall affect the sufficiency of the proceedings for redemption. Notices of optional redemption may be conditioned upon receipt by the Trustee of sufficient moneys to redeem the Bonds on the anticipated redemption date, and if the Trustee does not receive sufficient funds by the scheduled redemption date the redemption shall not occur and the Bonds for which notice of redemption was given shall remain outstanding for all purposes of the Indenture. If this Bond is called for redemption and payment is duly provided therefor as specified in the Indenture, interest shall cease to accrue hereon from and after the date fixed for redemption. The Bonds are issuable as fully registered Bonds without coupons in denominations of $5,000 and any integral multiple thereof. Subject to the limitations and conditions and upon payment of the charges, if any, as provided in the Indenture, Bonds may be exchanged for a like aggregate principal amount of Bonds of other authorized denominations and of the same maturity. This Bond is transferable by the Registered Owner hereof, in person or by his attorney duly authorized in writing, at the Principal Corporate Trust Office of the Trustee, but only in the manner and subject to the limitations provided in the Indenture, and upon surrender and cancellation of this Bond. Upon registration of such transfer a new fully registered Bond or Bonds, of any authorized denomination or denominations, for the same aggregate principal amount and of the same maturity will be issued to the transferee in exchange herefor. The Trustee may refuse to transfer or exchange (a) any Bonds during the fifteen (15) days prior to the date established for the selection of Bonds for redemption, or (b) any Bonds selected for redemption. The Successor Agency and the Trustee may treat the Registered Owner hereof as the absolute owner hereof for all purposes, and the Successor Agency and the Trustee shall not be affected by any notice to the contrary. The rights and obligations of the Successor Agency and the registered owners of the Bonds may be modified or amended at any time in the manner, to the extent and upon the terms provided in the Indenture, but no such modification or amendment shall (a) extend the maturity of or reduce the interest rate on any Bond or otherwise alter or impair the obligation of the Successor Agency to pay the principal, interest or redemption premiums (if any) at the time and place and at the rate and in the currency provided herein of any Bond without the express written consent of the registered owner of such Bond, (b) reduce the percentage of Bonds required for the written consent to any such amendment or modification or (c) without its written consent thereto, modify any of the rights or obligations of the Trustee. This Bond is not a debt of the City of Temecula, the State of California, or any of its political subdivisions (other than the Successor Agency to the limited extent set forth in the Indenture), and neither said City nor said State or any political subdivision thereof (other than the Successor Agency to the limited extent set forth in the Indenture) is liable hereon, nor in any event shall this Bond be payable out of any funds or properties other than those of the Successor Agency. The Bonds do not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. B-4 It is hereby certified that all of the things, conditions and acts required to exist, to have happened or to have been performed precedent to and in the issuance of this Bond do exist, have happened or have been performed in due and regular time and manner as required by the Redevelopment Law and the laws of the State of California, and that the amount of this Bond, together with all other indebtedness of the Successor Agency, does not exceed any limit prescribed by the Redevelopment Law or any laws of the State of California, and is not in excess of the amount of Bonds permitted to be issued under the Indenture. Unless this certificate is presented by an authorized representative of The Depository Trust Company; a New York corporation ("DTC"), to the Successor Agency or the Trustee for registration of transfer, exchange, or payment, and any certificate issued is registered in the name of Cede & Co. or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. This Bond shall not be entitled to any benefit under the Indenture or become valid or obligatory for any purpose until the Trustee's Certificate of Authentication hereon shall have been manually signed by the Trustee. B-5 IN WITNESS WHEREOF, the Successor Agency to the Temecula Redevelopment Agency has caused this Bond to be executed in its name and on its behalf with the facsimile signature of its Chair and attested by the facsimile signature of its Secretary, all as of Dated Date stated above. SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY By: Chair ATTEST: By: Secretary TRUSTEE'S CERTIFICATE OF AUTHENTICATION This is one of the Bonds described in the within -mentioned Indenture. Authentication Date: U.S. BANK NATIONAL ASSOCIATION, as Trustee By: Authorized Signatory B-6 ASSIGNMENT For value received, the undersigned do(es) hereby sell, assign and transfer unto (Name, Address and Tax Identification or Social Security Number of Assignee) the within Bond and do(es) hereby irrevocably constitute and appoint attorney, to transfer the same on the registration books of the Trustee, with full power of substitution in the premises. Dated: Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by an eligible guarantor institution (banks, stock brokers, savings and loan associations and credit unions with membership in an approved signature guarantee medallion program) pursuant to Securities and Exchange Commission Rule 17 Ad -15. B-7 NOTICE: The signature(s) on this Assignment must correspond with the name(s) as written on the face of the within Bond in every particular, without alteration or enlargement or any change whatsoever. STATEMENT OF INSURANCE [to come] B-8 Quint & Thimmig LLP 6/28/17 7/10/17 8/18/17 ESCROW AGREEMENT by and between the SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY and U.S. BANK NATIONAL ASSOCIATION, as Escrow Bank dated as of 1, 2017 relating to: Redevelopment Agency of the City of Temecula Temecula Redevelopment Project No. 1 2002 Tax Allocation Bonds 19139.01:114737/2002 ESCROW AGREEMENT This ESCROW AGREEMENT (the "Escrow Agreement") is made and entered into as of this 1st day of , 2017, by and between the SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY (the "Successor Agency"), and U.S. BANK NATIONAL ASSOCIATION, a national banking association organized and existing under the laws of the United States of America, with a corporate trust office in Los Angeles, California, and being qualified to accept and administer the escrow hereby created, as trustee with respect to the hereinafter described 2002 Bonds and as escrow bank hereunder (the "Escrow Bank"). RECITALS: WHEREAS, the Redevelopment Agency of the City of Temecula (the "Former Agency") was a public body, corporate and politic, duly established and authorized to transact business and exercise powers under and pursuant to the provisions of the Community Redevelopment Law of the State of California, constituting Part 1 of Division 24 of the California Health and Safety Code (the "Law"), including the power to issue bonds for any of its corporate purposes; WHEREAS, the Former Agency has previously issued its Redevelopment Agency of the City of Temecula Temecula Redevelopment Project No. 1 2002 Tax Allocation Bonds (the "2002 Bonds"); WHEREAS, the 2002 Bonds were issued pursuant to an indenture of trust, dated as of April 1, 2002 (the "Prior Indenture"), by and between the Former Agency and U.S. Bank National Association, as trustee (the "Prior Trustee"); WHEREAS, Sections 9.03 and 2.03(a) of the Prior Indenture allow for the defeasance and optional redemption, respectively, of the outstanding 2002 Bonds; WHEREAS, the Successor Agency has determined that, due to prevailing financial market conditions, it is in the best interests of the Successor Agency at this time to provide for (a) the defeasance of the 2002 Bonds, and (b) the redemption of the outstanding 2002 Bonds on 2017 (the "Redemption Date") at a redemption price equal to 100% of the principal amount thereof, plus accrued interest to such date (the "Redemption Price"); WHEREAS, to raise funds necessary to effectuate such defeasance and refunding, and for other purposes, the Successor Agency has issued its Successor Agency to the Temecula Redevelopment Agency Tax Allocation Refunding Bonds, Series 2017A (the "2017 Bonds"), pursuant to an Indenture of Trust, dated as of 1, 2017 (the "2017 Indenture"), by and between the Successor Agency and U.S. Bank National Association, as trustee for the 2017 Bonds (the "2017 Trustee"); WHEREAS, the Successor Agency wishes to make a deposit with the Escrow Bank and to enter into this Escrow Agreement for the purpose of providing the terms and conditions for the deposit and application of amounts so deposited; and WHEREAS, the Escrow Bank has full powers to act with respect to the escrow created hereby and to perform the duties and obligations to be undertaken by it pursuant to this Escrow Agreement. -1- AGREEMENT: NOW, THEREFORE, in consideration of the above premises and of the mutual promises and covenants herein contained, and for other valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties hereto do hereby agree as follows: Section 1. Appointment of Escrow Bank. The Successor Agency hereby appoints the Escrow Bank as escrow bank for all purposes of this Escrow Agreement and in accordance with the terms and provisions of this Escrow Agreement, and the Escrow Bank hereby accepts such appointment. Section 2. Establishment of Escrow Fund. There is hereby created by the Successor Agency with, and to be held by, the Escrow Bank, as security for the defeasance and redemption of the 2002 Bonds, as hereinafter set forth, an irrevocable escrow to be maintained by the Escrow Bank on behalf of the Successor Agency and for the benefit of the owners of the 2002 Bonds, said escrow to be designated the 2002 Bonds Escrow Fund (the "Escrow Fund"). All securities, investments and moneys in the Escrow Fund and the proceeds thereof are hereby irrevocably pledged for the benefit of the owners, from time to time, of the 2002 Bonds, to secure the payment of the Redemption Price of the 2002 Bonds due on the Redemption Date. In furtherance of the foregoing, all moneys deposited in the Escrow Fund shall constitute a special fund for the defeasance and redemption of the 2002 Bonds in accordance with the provisions of the Prior Indenture and this Escrow Agreement. If at any time the Escrow Bank shall receive actual knowledge that the moneys in the Escrow Fund will not be sufficient to make any payment required by Section 4 hereof, the Escrow Bank shall notify the Successor Agency of such fact and the Successor Agency shall immediately cure such deficiency with any legally available funds. Section 3. Deposit into Escrow Fund. (a) Concurrent with delivery of the 2017 Bonds, the Successor Agency shall cause to be transferred to the Escrow Bank for deposit into the Escrow Fund the amount of $ , derived as follows: (i) from the proceeds of the 2017 Bonds, $ (ii) from amounts in the Reserve Account established under the Prior Indenture, $ ; and (iii) from amounts held by the Successor Agency, $ (b) The Escrow Bank shall invest $ of the moneys deposited into the Escrow Fund pursuant to the preceding paragraph in the Defeasance Securities (as defined in the Prior Indenture) described in Exhibit D attached hereto (the "Escrowed Federal Securities"), and shall hold the remaining $ in cash, uninvested. The Escrowed Federal Securities shall be deposited with and held by the Escrow Bank in the Escrow Fund solely for the uses and purposes set forth herein. (c) The Escrow Bank may rely upon the conclusion of Grant Thornton LLP, as contained in its opinion and accompanying schedules (the "Report") dated , 2017, that the Escrowed Federal Securities mature and bear interest payable in such amounts and at such times as, together with cash on deposit in the Escrow Fund, will be sufficient to provide for the redemption of the outstanding 2002 Bonds on the Redemption Date at the Redemption Price. -2- (d) The Escrow Bank shall not be liable or responsible for any loss resulting from its full compliance with the provisions of this Escrow Agreement. (e) The Successor Agency acknowledges that to the extent regulations of the Comptroller of the Currency or other applicable regulatory entity grant the Successor Agency the right to receive brokerage confirmations of security transactions as they occur, the Successor Agency specifically waives receipt of such confirmations to the extent permitted by law. The Escrow Bank will furnish the Successor Agency periodic transaction statements which include detail for all investment transactions made by the Escrow Bank hereunder; provided that the Escrow Bank is not obligated to provide an accounting for any fund or account that (i) has a balance of $0.00 and (ii) has not had any activity since the last reporting date. Section 4. Instructions as to Application of Deposit; Defeasance Notice; Redemption Notice. (a) The amounts deposited in the Escrow Fund pursuant to Section 3 shall be applied by the Escrow Bank for the sole purposes of redeeming the 2002 Bonds on the Redemption Date at the Redemption Price, all as shown on Exhibit A attached hereto. Following the redemption of the 2002 Bonds, the Escrow Bank shall transfer any moneys remaining in the Escrow Fund to the Successor Agency for deposit in the Redevelopment Obligation Retirement Fund referenced in the 2017 Indenture. (b) The Escrow Bank hereby acknowledges that the Successor Agency has heretofore given the Escrow Bank, as Prior Trustee, direction to provide a conditional notice of notice of redemption of the 2002 Bonds on the Redemption Date at the Redemption Price in accordance with the applicable provisions of the Prior Indenture and in the form of the redemption notice attached hereto as Exhibit B, and that the Fiscal Agent has so provided such notice of redemption of the 2002 Bonds to the registered owners thereof. (c) The Escrow Bank is hereby requested, and the Escrow Bank hereby agrees, to promptly give notice of the defeasance of the 2002 Bonds in the form of defeasance notice attached hereto as Exhibit C. Section 5. Application of Certain Prior Funds. The Escrow Bank, as Prior Trustee, is hereby directed by the Successor Agency to transfer from the Reserve Account established under the Prior Indenture, on the date of issuance of the 2017 Bonds, $ to the Escrow Fund. Section 6. Application of Certain Terms of Prior Indenture. All of the terms of the Prior Indenture relating to the making of payments of principal and interest with respect to the 2002 Bonds are incorporated in this Escrow Agreement as if set forth in full herein. The provisions of the Prior Indenture relating to the limitations from liability and protections afforded to the Prior Trustee and the resignation and removal of the Prior Trustee are also incorporated in this Escrow Agreement as if set forth in full herein and shall be the procedure to be followed with respect to any resignation or removal of the Escrow Bank hereunder. Section 7. Compensation to Escrow Bank. The Successor Agency shall pay the Escrow Bank full compensation for its duties under this Escrow Agreement, including out-of-pocket costs such as publication costs, prepayment or redemption expenses, legal fees and other costs and expenses relating hereto. Under no circumstances shall amounts deposited in the Escrow Fund be deemed to be available for said purposes. -3- Section 8. Liabilities and Obligations of Escrow Bank. The Escrow Bank shall have no obligation to make any payment or disbursement of any type or incur any financial liability in the performance of its duties under this Escrow Agreement unless the Successor Agency shall have deposited sufficient funds with the Escrow Bank. The Escrow Bank may rely and shall be protected in acting upon the written instructions of the Successor Agency or its agents relating to any matter or action as Escrow Bank under this Escrow Agreement. The Escrow Bank and its respective successors, assigns, agents and servants shall not be held to any personal liability whatsoever, in tort, contract, or otherwise, in connection with the execution and delivery of this Escrow Agreement, the establishment of the Escrow Fund, the acceptance of the moneys deposited therein, the sufficiency of the moneys held hereunder to accomplish the purposes set forth in Section 4 hereof, or any payment, transfer or other application of moneys by the Escrow Bank in accordance with the provisions of this Escrow Agreement or by reason of any non -negligent act, non -negligent omission or non -negligent error of the Escrow Bank made in good faith in the conduct of its duties. The recitals of fact contained in the "whereas" clauses herein shall be taken as the statement of the Successor Agency, and the Escrow Bank assumes no responsibility for the correctness thereof. The Escrow Bank makes no representations as to the sufficiency of the Escrowed Federal Securities and the uninvested moneys to accomplish the purposes set forth in Section 4 hereof or to the validity of this Escrow Agreement as to the Successor Agency and, except as otherwise provided herein, the Escrow Bank shall incur no liability in respect thereof. The Escrow Bank shall not be liable in connection with the performance of its duties under this Escrow Agreement except for its own negligence, willful misconduct or default, and the duties and obligations of the Escrow Bank shall be determined by the express provisions of this Escrow Agreement. The Escrow Bank may consult with counsel, who may or may not be counsel to the Successor Agency, and in reliance upon the written opinion of such counsel shall have full and complete authorization and protection in respect of any action taken, suffered or omitted by it in good faith in accordance therewith. Whenever the Escrow Bank shall deem it necessary or desirable that a matter be proved or established prior to taking, suffering, or omitting any action under this Escrow Agreement, such matter (except the matters set forth herein as specifically requiring a certificate of a nationally recognized firm of independent certified public accountants or an opinion of counsel) may be deemed to be conclusively established by a written certification of the Successor Agency. Anything in this Escrow Agreement to the contrary notwithstanding, in no event shall the Escrow Bank be liable for special, indirect, punitive or consequential loss or damage of any kind whatsoever (including but not limited to lost profits), even if the Escrow Bank has been advised of the likelihood of such loss or damage and regardless of the form of action. The Escrow Bank agrees to accept and act upon instructions or directions pursuant to this Escrow Agreement sent by unsecured e-mail, facsimile transmission or other similar unsecured electronic methods, provided, however, that, the Escrow Bank shall have received an incumbency certificate listing persons designated to give such instructions or directions and containing specimen signatures of such designated persons, which such incumbency certificate shall be amended and replaced whenever a person is to be added or deleted from the listing. If the Successor Agency elects to give the Escrow Bank e-mail or facsimile instructions (or instructions by a similar electronic method) and the Escrow Bank in its discretion elects to act upon such instructions, the Escrow Bank's understanding of such instructions shall be deemed controlling. The Escrow Bank shall not be liable for any losses, costs or expenses arising directly or indirectly from the Escrow Bank's reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Successor Agency agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Escrow Bank, including without -4- limitation the risk of the Escrow Bank acting on unauthorized instructions, and the risk of interception and misuse by third parties. The Successor Agency hereby assumes liability for, and hereby agrees (whether or not any of the transactions contemplated hereby are consummated), to the extent permitted by law, to indemnify, protect, save and hold harmless the Escrow Bank and its respective successors, assigns, agents and servants from and against any and all liabilities, obligations, losses, damages, penalties, claims, actions, suits, costs, expenses and disbursements (including legal fees and disbursements) of whatsoever kind and nature which may be imposed on, incurred by, or asserted against, at any time, the Escrow Bank (whether or not also indemnified against by any other person under any other agreement or instrument) and in any way relating to or arising out of the execution and delivery of this Escrow Agreement, the establishment of the Escrow Fund, the retention of the moneys therein and any payment, transfer or other application of moneys by the Escrow Bank in accordance with the provisions of this Escrow Agreement, or as may arise by reason of any act, omission or error of the Escrow Bank made in good faith in the conduct of its duties; provided, however, that the Successor Agency shall not be required to indemnify the Escrow Bank against its own negligence or misconduct. The indemnities contained in this Section 8 shall survive the termination of this Escrow Agreement or the resignation or removal of the Escrow Bank. No provision of this Escrow Agreement shall require the Escrow Bank to expend or risk its own funds or otherwise incur any financial liability in the performance or exercise of any of its duties hereunder, or in the exercise of its rights or powers. The Escrow Bank may execute any of the rights or powers hereunder or perform any duties hereunder either directly or by or through agents, attorneys, custodians or nominees appointed with due care. The Escrow Bank shall furnish the Successor Agency periodic cash transaction statements which include detail for all investment transactions effected by the Escrow Bank with respect to the Escrow Fund. Upon the Successor Agency's election, such statements will be delivered via the Escrow Bank's online service and upon electing such service, paper statements will be provided only upon request. The Successor Agency further understands that trade confirmations for securities transactions effected by the Escrow Bank will be available upon request and at no additional cost and other trade confirmations may be obtained from the applicable broker. Section 9. Amendment. This Escrow Agreement may be modified or amended at any time by a supplemental agreement which shall become effective when the written consents of the owners of one hundred percent (100%) in aggregate principal amount of the 2002 Bonds and National Public Finance Guarantee, successor to MBIA Insurance Corporation (the "Bond Insurer") shall have been filed with the Escrow Bank. This Escrow Agreement may be modified or amended at any time by a supplemental agreement, without the consent of any such owners, and without the consent of the Bond Insurer, and then only (a) to add to the covenants and agreements of any party, other covenants to be observed, or to surrender any right or power herein or therein reserved to the Successor Agency and the Successor Agency, (b) to cure, correct or supplement any ambiguous or defective provision contained herein, (c) in regard to questions arising hereunder or thereunder, as the parties hereto or thereto may deem necessary or desirable and which, in the opinion of counsel, shall not materially adversely affect the interests of the owners of the 2002 Bonds or the 2017 Bonds, and that such amendment will not cause interest on the 2002 Bonds or the 2017 Bonds to become subject to federal income taxation. -5- Section 10. Severability. If any section, paragraph, sentence, clause or provision of this Escrow Agreement shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, sentence clause or provision shall not affect any of the remaining provisions of this Escrow Agreement. Section 11. Notice of Escrow Bank and Successor Agency. Any notice to or demand upon the Escrow Bank may be served and presented, and such demand may be made, at the Office (as defined in the Prior Indenture) as specified by the Escrow Bank as Prior Trustee in accordance with the provisions of the Prior Indenture. Any notice to or demand upon the Successor Agency shall be deemed to have been sufficiently given or served for all purposes by being mailed by first class mail, and deposited, postage prepaid, in a post office letter box, addressed to such party as provided for the "Agency" in the Prior Indenture (or such other address as may have been filed in writing by the Successor Agency or the Successor Agency with the Escrow Bank). Section 12. Merger or Consolidation of Escrow Bank. Any company into which the Escrow Bank may be merged or converted or with which it may be consolidated or any company resulting from any merger, conversion or consolidation to which it shall be a party or any company to which the Escrow Bank may sell or transfer all or substantially all of its corporate trust business, provided such company shall be eligible to act as trustee under the Prior Indenture, shall be the successor hereunder to the Escrow Bank without the execution or filing of any paper or any further act. Section 13. Execution in Several Counterparts. This Escrow Agreement may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original; and all such counterparts shall together constitute but one and the same instrument. Section 14. Bond Insurer as Third Party Beneficiary. The Bond Insurer is an intended third party beneficiary of this Escrow Agreement, and is entitled to enforce the provisions of this Escrow Agreement. Section 15. Governing Law. This Escrow Agreement shall be construed and governed in accordance with the laws of the State of California applicable to contracts made and performed in California. -6- IN WITNESS WHEREOF, the SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY has caused this Escrow Agreement to be signed in its name by its Executive Director, and U.S. BANK NATIONAL ASSOCIATION, in token of its acceptance of the escrow created hereunder, has caused this Escrow Agreement to be signed in its corporate name by its officer identified below, all as of the day and year first above written. 19139.01:114737/2002 SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY By: Aaron Adams, Executive Director U.S. BANK NATIONAL ASSOCIATION, as Escrow Bank and Prior Trustee By: Authorized Officer S-1 EXHIBIT A PAYMENT SCHEDULE FOR THE 2002 BONDS Payment Called Date Principal Interest Total Payment , 2017 $21,185,000.00 $ $ Exhibit A EXHIBIT B FORM OF NOTICE OF REDEMPTION CONDITIONAL NOTICE OF FULL/FINAL REDEMPTION OF Redevelopment Agency of the City of Temecula Temecula Redevelopment Project No. 1 2002 Tax Allocation Bonds Maturity Amount Redemption Interest CUSIP Date Called Price(1) Rate Number(2) August 1, 2018 $ 685,000 100% 4.900% 87970F BP3 August 1, 2019 720,000 100 5.000 87970F BQ1 August 1, 2020 755,000 100 5.000 87970F BR9 August 1, 2027 6,485,000 100 5.125 87970F AW9 August 1, 2036 12,540,000 100 5.250 87970F AX7 NOTICE is hereby given that the Successor Agency to the Temecula Redevelopment Agency (the "Successor Agency"), has called conditionally for redemption on , 2017 (the "Redemption Date"), the Redevelopment Agency of the City of Temecula Temecula Redevelopment Project No. 1 2002 Tax Allocation Bonds, described above (the "Bonds"), at a price equal to 100% of the principal amount thereof, plus accrued interest to the date fixed for redemption (the "Redemption Price"). The Bonds are being conditionally called for redemption on the Redemption Date subject to the provisions of the succeeding paragraph of this Conditional Notice of Full/ Final Redemption, and pursuant to the provisions of Section 2.03(a) of the Indenture of Trust, dated as of April 1, 2002 (the "Indenture"), by and between the Authority and U.S. Bank National Association, as trustee (the "Trustee"), pursuant to which the Bonds were issued. This Conditional Notice of Full/Final Redemption, and the payment of the Redemption Price on the Redemption Date, is subject to the receipt of funds in an amount sufficient to pay in full the Redemption Price of all of the Bonds on or before the Redemption Date, resulting from a sale of refunding bonds of the Successor Agency, expected to close on or about , 2017. In the event such funds are not received by the Redemption Date, this Conditional Notice of Full/ Final Redemption shall be null and void and of no force and effect, and any Bonds delivered for redemption shall be returned to the respective owners thereof, and the Bonds shall remain outstanding under the Indenture as though this Conditional Notice of Full / Final Redemption had not been given. Notice of a failure to receive funds, and cancellation of this redemption, will be given by the Trustee to the registered owners of the Bonds. Subject to the foregoing, on the Redemption Date, the Redemption Price will become due and payable upon each Bond and interest with respect thereto shall cease to accrue from and after the Redemption Date. Accrued interest to be added. Neither the Successor Agency nor U.S. Bank National Association, as trustee, shall be held responsible for the selection or use of CUSIP numbers, nor is any representation made as to their correctness as shown in this Conditional Notice of Full/Final Redemption. They are included solely for convenience of the owners. Exhibit B Page 1 Payment of principal will be made upon presentation on and after the Redemption Date, at the following address: U.S. Bank Global Corporate Trust Services 111 Fillmore Ave E St. Paul, MN 55107 Owners of Bonds presenting their certificates in person for the same day payment must surrender their certificate by 1:00 p.m. on the prepayment date and a check will be available for pickup after 2:00 p.m. Checks not picked up by 4:30 p.m. will be mailed to the Bondholder by first class mail. If payment of the Redemption Price is to be made to the registered owner of the Bond you are not required to endorse the Bond to collect the Redemption Price. Under applicable federal law, federal backup withholding tax will be withheld at the applicable backup withholding rate in effect at the time the payment is made if the Bondowner's tax identification number is not properly certified. The Form W-9 may be obtained from the Internal Revenue Service. Dated: , 2017 U.S. BANK NATIONAL ASSOCIATION, as Trustee Exhibit B Page 2 EXHIBIT C NOTICE OF DEFEASANCE Redevelopment Agency of the City of Temecula Temecula Redevelopment Project No. 1 2002 Tax Allocation Bonds Maturity Amount CUSIP Date Defeased Number* August 1, 2018 $ 685,000 87970F BP3 August 1, 2019 720,000 87970F BQ1 August 1, 2020 755,000 87970F BR9 August 1, 2027 6,485,000 87970F AW9 August 1, 2036 12,540,000 87970F AX7 NOTICE IS HEREBY GIVEN, on behalf of the Successor Agency to the Temecula Redevelopment Agency (the "Successor Agency"), to the owners of the outstanding Redevelopment Agency of the City of Temecula Temecula Redevelopment Project No. 1 2002 Tax Allocation Bonds, described above (the "Bonds"), that pursuant to the indenture of trust authorizing the issuance of the Bonds (the "Indenture"), the lien of the Indenture with respect to the Bonds has been discharged through the irrevocable deposit of cash and U.S. Treasury securities in an escrow fund (the "Escrow Fund"). The Escrow Fund has been established and is being maintained pursuant to that certain Escrow Agreement, dated as of 1, 2017, by and between the Successor Agency and U.S. Bank National Association, as escrow bank. As a result of such deposit, the Bonds are deemed to have been paid and defeased in accordance with the Indenture. The pledge of the funds provided for under the Indenture and all other obligations of the Successor Agency to the owners of the Bonds is now limited to the application of moneys in the Escrow Fund for the payment of the principal and interest on the Bonds as the same become due and payable as described below. The maturing U.S. Treasury securities, the interest thereon and the cash deposited in the Escrow Fund are calculated to provide sufficient moneys to redeem the Bonds in full on , 2017, at a redemption price equal to 100% of the principal thereof plus accrued interest to such date. DATED this day of , 2017 U.S. BANK NATIONAL ASSOCIATION, as Escrow Bank * Neither the Successor Agency nor U.S. Bank National Association, as escrow bank, shall be held responsible for the selection or use of CUSIP numbers, nor is any representation made as to their correctness as shown in this Notice of Defeasance. They are included solely for convenience of the owners. Exhibit C EXHIBIT D SCHEDULE OF ESCROWED FEDERAL SECURITIES Type Maturity Coupon Principal Price U.S. Treasury Note , 2017 % $ $ Exhibit D Quint & Thimmig LLP 6/28/17 7/10/17 8/18/17 ESCROW AGREEMENT by and between the SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY and U.S. BANK NATIONAL ASSOCIATION, as Escrow Bank dated as of 1, 2017 relating to: Redevelopment Agency of the City of Temecula Temecula Redevelopment Project No. 1 2006 Tax Allocation Bonds, Series A 19139.01:114742 / 2006A ESCROW AGREEMENT This ESCROW AGREEMENT (the "Escrow Agreement") is made and entered into as of this 1st day of , 2017, by and between the SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY (the "Successor Agency"), and U.S. BANK NATIONAL ASSOCIATION, a national banking association organized and existing under the laws of the United States of America, with a corporate trust office in Los Angeles, California, and being qualified to accept and administer the escrow hereby created, as trustee with respect to the hereinafter described 2006A Bonds and as escrow bank hereunder (the "Escrow Bank"). RECITALS: WHEREAS, the Redevelopment Agency of the City of Temecula (the "Former Agency") was a public body, corporate and politic, duly established and authorized to transact business and exercise powers under and pursuant to the provisions of the Community Redevelopment Law of the State of California, constituting Part 1 of Division 24 of the California Health and Safety Code (the "Law"), including the power to issue bonds for any of its corporate purposes; WHEREAS, the Former Agency has previously issued its Redevelopment Agency of the City of Temecula Temecula Redevelopment Project No. 1 2006 Tax Allocation Bonds, Series A (the "2006A Bonds"); WHEREAS, the 2006A Bonds were issued pursuant to an indenture of trust, dated as of April 1, 2002, as amended and supplemented by a First Supplemental Indenture of Trust, dated as of December 1, 2006 (collectively, the "Prior Indenture"), each by and between the Former Agency and U.S. Bank National Association, as trustee (the "Prior Trustee"); WHEREAS, Sections 9.03 and 10.04(a) of the Prior Indenture allow for the defeasance and optional redemption, respectively, of the outstanding 2006A Bonds; WHEREAS, the Successor Agency has determined that, due to prevailing financial market conditions, it is in the best interests of the Successor Agency at this time to provide for (a) the defeasance of the 2006A Bonds, and (b) the redemption of the outstanding 2006A Bonds on , 2017 (the "Redemption Date") at a redemption price equal to 100% of the principal amount thereof, plus accrued interest to such date (the "Redemption Price"); WHEREAS, to raise funds necessary to effectuate such defeasance and refunding, and for other purposes, the Successor Agency has issued its Successor Agency to the Temecula Redevelopment Agency Tax Allocation Refunding Bonds, Series 2017A (the "2017 Bonds"), pursuant to an Indenture of Trust, dated as of 1, 2017 (the "2017 Indenture"), by and between the Successor Agency and U.S. Bank National Association, as trustee for the 2017 Bonds (the "2017 Trustee"); WHEREAS, the Successor Agency wishes to make a deposit with the Escrow Bank and to enter into this Escrow Agreement for the purpose of providing the terms and conditions for the deposit and application of amounts so deposited; and WHEREAS, the Escrow Bank has full powers to act with respect to the escrow created hereby and to perform the duties and obligations to be undertaken by it pursuant to this Escrow Agreement. -1- AGREEMENT: NOW, THEREFORE, in consideration of the above premises and of the mutual promises and covenants herein contained, and for other valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties hereto do hereby agree as follows: Section 1. Appointment of Escrow Bank. The Successor Agency hereby appoints the Escrow Bank as escrow bank for all purposes of this Escrow Agreement and in accordance with the terms and provisions of this Escrow Agreement, and the Escrow Bank hereby accepts such appointment. Section 2. Establishment of Escrow Fund. There is hereby created by the Successor Agency with, and to be held by, the Escrow Bank, as security for the defeasance and redemption of the 2006A Bonds, as hereinafter set forth, an irrevocable escrow to be maintained by the Escrow Bank on behalf of the Successor Agency and for the benefit of the owners of the 2006A Bonds, said escrow to be designated the 2006A Bonds Escrow Fund (the "Escrow Fund"). All securities, investments and moneys in the Escrow Fund and the proceeds thereof are hereby irrevocably pledged for the benefit of the owners, from time to time, of the 2006A Bonds, to secure the payment of the Redemption Price of the 2006A Bonds due on the Redemption Date. In furtherance of the foregoing, all moneys deposited in the Escrow Fund shall constitute a special fund for the defeasance and redemption of the 2006A Bonds in accordance with the provisions of the Prior Indenture and this Escrow Agreement. If at any time the Escrow Bank shall receive actual knowledge that the moneys in the Escrow Fund will not be sufficient to make any payment required by Section 4 hereof, the Escrow Bank shall notify the Successor Agency of such fact and the Successor Agency shall immediately cure such deficiency with any legally available funds. Section 3. Deposit into Escrow Fund. (a) Concurrent with delivery of the 2017 Bonds, the Successor Agency shall cause to be transferred to the Escrow Bank for deposit into the Escrow Fund the amount of $ , derived as follows: (i) from the proceeds of the 2017 Bonds, $ (ii) from amounts in the Reserve Account established under the Prior Indenture, $ ; and (iii) from amounts held by the Successor Agency, $ (b) The Escrow Bank shall invest $ of the moneys deposited into the Escrow Fund pursuant to the preceding paragraph in the Defeasance Securities (as defined in the Prior Indenture) described in Exhibit D attached hereto (the "Escrowed Federal Securities"), and shall hold the remaining $ in cash, uninvested. The Escrowed Federal Securities shall be deposited with and held by the Escrow Bank in the Escrow Fund solely for the uses and purposes set forth herein. (c) The Escrow Bank may rely upon the conclusion of Grant Thornton LLP, as contained in its opinion and accompanying schedules (the "Report") dated , 2017, that the Escrowed Federal Securities mature and bear interest payable in such amounts and at such times as, together with cash on deposit in the Escrow Fund, will be sufficient to provide for the redemption of the outstanding 2006A Bonds on the Redemption Date at the Redemption Price. -2- (d) The Escrow Bank shall not be liable or responsible for any loss resulting from its full compliance with the provisions of this Escrow Agreement. (e) The Successor Agency acknowledges that to the extent regulations of the Comptroller of the Currency or other applicable regulatory entity grant the Successor Agency the right to receive brokerage confirmations of security transactions as they occur, the Successor Agency specifically waives receipt of such confirmations to the extent permitted by law. The Escrow Bank will furnish the Successor Agency periodic transaction statements which include detail for all investment transactions made by the Escrow Bank hereunder; provided that the Escrow Bank is not obligated to provide an accounting for any fund or account that (i) has a balance of $0.00 and (ii) has not had any activity since the last reporting date. Section 4. Instructions as to Application of Deposit; Defeasance Notice; Redemption Notice. (a) The amounts deposited in the Escrow Fund pursuant to Section 3 shall be applied by the Escrow Bank for the sole purposes of redeeming the 2006A Bonds on the Redemption Date at the Redemption Price, all as shown on Exhibit A attached hereto. Following the redemption of the 2006A Bonds, the Escrow Bank shall transfer any moneys remaining in the Escrow Fund to the Successor Agency for deposit in the Redevelopment Obligation Retirement Fund referenced in the 2017 Indenture. (b) The Escrow Bank hereby acknowledges that the Successor Agency has heretofore given the Escrow Bank, as Prior Trustee, direction to provide a conditional notice of notice of redemption of the 2006A Bonds on the Redemption Date at the Redemption Price in accordance with the applicable provisions of the Prior Indenture and in the form of the redemption notice attached hereto as Exhibit B, and that the Fiscal Agent has so provided such notice of redemption of the 2006A Bonds to the registered owners thereof. (c) The Escrow Bank is hereby requested, and the Escrow Bank hereby agrees, to promptly give notice of the defeasance of the 2006A Bonds in the form of defeasance notice attached hereto as Exhibit C. Section 5. Application of Certain Prior Funds. The Escrow Bank, as Prior Trustee, is hereby directed by the Successor Agency to transfer from the Reserve Account established under the Prior Indenture, on the date of issuance of the 2017 Bonds, $ to the Escrow Fund. Section 6. Application of Certain Terms of Prior Indenture. All of the terms of the Prior Indenture relating to the making of payments of principal and interest with respect to the 2006A Bonds are incorporated in this Escrow Agreement as if set forth in full herein. The provisions of the Prior Indenture relating to the limitations from liability and protections afforded to the Prior Trustee and the resignation and removal of the Prior Trustee are also incorporated in this Escrow Agreement as if set forth in full herein and shall be the procedure to be followed with respect to any resignation or removal of the Escrow Bank hereunder. Section 7. Compensation to Escrow Bank. The Successor Agency shall pay the Escrow Bank full compensation for its duties under this Escrow Agreement, including out-of-pocket costs such as publication costs, prepayment or redemption expenses, legal fees and other costs and expenses relating hereto. Under no circumstances shall amounts deposited in the Escrow Fund be deemed to be available for said purposes. -3- Section 8. Liabilities and Obligations of Escrow Bank. The Escrow Bank shall have no obligation to make any payment or disbursement of any type or incur any financial liability in the performance of its duties under this Escrow Agreement unless the Successor Agency shall have deposited sufficient funds with the Escrow Bank. The Escrow Bank may rely and shall be protected in acting upon the written instructions of the Successor Agency or its agents relating to any matter or action as Escrow Bank under this Escrow Agreement. The Escrow Bank and its respective successors, assigns, agents and servants shall not be held to any personal liability whatsoever, in tort, contract, or otherwise, in connection with the execution and delivery of this Escrow Agreement, the establishment of the Escrow Fund, the acceptance of the moneys deposited therein, the sufficiency of the moneys held hereunder to accomplish the purposes set forth in Section 4 hereof, or any payment, transfer or other application of moneys by the Escrow Bank in accordance with the provisions of this Escrow Agreement or by reason of any non -negligent act, non -negligent omission or non -negligent error of the Escrow Bank made in good faith in the conduct of its duties. The recitals of fact contained in the "whereas" clauses herein shall be taken as the statement of the Successor Agency, and the Escrow Bank assumes no responsibility for the correctness thereof. The Escrow Bank makes no representations as to the sufficiency of the Escrowed Federal Securities and the uninvested moneys to accomplish the purposes set forth in Section 4 hereof or to the validity of this Escrow Agreement as to the Successor Agency and, except as otherwise provided herein, the Escrow Bank shall incur no liability in respect thereof. The Escrow Bank shall not be liable in connection with the performance of its duties under this Escrow Agreement except for its own negligence, willful misconduct or default, and the duties and obligations of the Escrow Bank shall be determined by the express provisions of this Escrow Agreement. The Escrow Bank may consult with counsel, who may or may not be counsel to the Successor Agency, and in reliance upon the written opinion of such counsel shall have full and complete authorization and protection in respect of any action taken, suffered or omitted by it in good faith in accordance therewith. Whenever the Escrow Bank shall deem it necessary or desirable that a matter be proved or established prior to taking, suffering, or omitting any action under this Escrow Agreement, such matter (except the matters set forth herein as specifically requiring a certificate of a nationally recognized firm of independent certified public accountants or an opinion of counsel) may be deemed to be conclusively established by a written certification of the Successor Agency. Anything in this Escrow Agreement to the contrary notwithstanding, in no event shall the Escrow Bank be liable for special, indirect, punitive or consequential loss or damage of any kind whatsoever (including but not limited to lost profits), even if the Escrow Bank has been advised of the likelihood of such loss or damage and regardless of the form of action. The Escrow Bank agrees to accept and act upon instructions or directions pursuant to this Escrow Agreement sent by unsecured e-mail, facsimile transmission or other similar unsecured electronic methods, provided, however, that, the Escrow Bank shall have received an incumbency certificate listing persons designated to give such instructions or directions and containing specimen signatures of such designated persons, which such incumbency certificate shall be amended and replaced whenever a person is to be added or deleted from the listing. If the Successor Agency elects to give the Escrow Bank e-mail or facsimile instructions (or instructions by a similar electronic method) and the Escrow Bank in its discretion elects to act upon such instructions, the Escrow Bank's understanding of such instructions shall be deemed controlling. The Escrow Bank shall not be liable for any losses, costs or expenses arising directly or indirectly from the Escrow Bank's reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Successor Agency agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Escrow Bank, including without -4- limitation the risk of the Escrow Bank acting on unauthorized instructions, and the risk of interception and misuse by third parties. The Successor Agency hereby assumes liability for, and hereby agrees (whether or not any of the transactions contemplated hereby are consummated), to the extent permitted by law, to indemnify, protect, save and hold harmless the Escrow Bank and its respective successors, assigns, agents and servants from and against any and all liabilities, obligations, losses, damages, penalties, claims, actions, suits, costs, expenses and disbursements (including legal fees and disbursements) of whatsoever kind and nature which may be imposed on, incurred by, or asserted against, at any time, the Escrow Bank (whether or not also indemnified against by any other person under any other agreement or instrument) and in any way relating to or arising out of the execution and delivery of this Escrow Agreement, the establishment of the Escrow Fund, the retention of the moneys therein and any payment, transfer or other application of moneys by the Escrow Bank in accordance with the provisions of this Escrow Agreement, or as may arise by reason of any act, omission or error of the Escrow Bank made in good faith in the conduct of its duties; provided, however, that the Successor Agency shall not be required to indemnify the Escrow Bank against its own negligence or misconduct. The indemnities contained in this Section 8 shall survive the termination of this Escrow Agreement or the resignation or removal of the Escrow Bank. No provision of this Escrow Agreement shall require the Escrow Bank to expend or risk its own funds or otherwise incur any financial liability in the performance or exercise of any of its duties hereunder, or in the exercise of its rights or powers. The Escrow Bank may execute any of the rights or powers hereunder or perform any duties hereunder either directly or by or through agents, attorneys, custodians or nominees appointed with due care. The Escrow Bank shall furnish the Successor Agency periodic cash transaction statements which include detail for all investment transactions effected by the Escrow Bank with respect to the Escrow Fund. Upon the Successor Agency's election, such statements will be delivered via the Escrow Bank's online service and upon electing such service, paper statements will be provided only upon request. The Successor Agency further understands that trade confirmations for securities transactions effected by the Escrow Bank will be available upon request and at no additional cost and other trade confirmations may be obtained from the applicable broker. Section 9. Amendment. This Escrow Agreement may be modified or amended at any time by a supplemental agreement which shall become effective when the written consents of the owners of one hundred percent (100%) in aggregate principal amount of the 2006A Bonds and National Public Finance Guarantee, successor to MBIA Insurance Corporation (the "Bond Insurer") shall have been filed with the Escrow Bank. This Escrow Agreement may be modified or amended at any time by a supplemental agreement, without the consent of any such owners, and without the consent of the Bond Insurer, and then only (a) to add to the covenants and agreements of any party, other covenants to be observed, or to surrender any right or power herein or therein reserved to the Successor Agency and the Successor Agency, (b) to cure, correct or supplement any ambiguous or defective provision contained herein, (c) in regard to questions arising hereunder or thereunder, as the parties hereto or thereto may deem necessary or desirable and which, in the opinion of counsel, shall not materially adversely affect the interests of the owners of the 2006A Bonds or the 2017 Bonds, and that such amendment will not cause interest on the 2006A Bonds or the 2017 Bonds to become subject to federal income taxation. -5- Section 10. Severability. If any section, paragraph, sentence, clause or provision of this Escrow Agreement shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, sentence clause or provision shall not affect any of the remaining provisions of this Escrow Agreement. Section 11. Notice of Escrow Bank and Successor Agency. Any notice to or demand upon the Escrow Bank may be served and presented, and such demand may be made, at the Office (as defined in the Prior Indenture) as specified by the Escrow Bank as Prior Trustee in accordance with the provisions of the Prior Indenture. Any notice to or demand upon the Successor Agency shall be deemed to have been sufficiently given or served for all purposes by being mailed by first class mail, and deposited, postage prepaid, in a post office letter box, addressed to such party as provided for the "Agency" in the Prior Indenture (or such other address as may have been filed in writing by the Successor Agency or the Successor Agency with the Escrow Bank). Section 12. Merger or Consolidation of Escrow Bank. Any company into which the Escrow Bank may be merged or converted or with which it may be consolidated or any company resulting from any merger, conversion or consolidation to which it shall be a party or any company to which the Escrow Bank may sell or transfer all or substantially all of its corporate trust business, provided such company shall be eligible to act as trustee under the Prior Indenture, shall be the successor hereunder to the Escrow Bank without the execution or filing of any paper or any further act. Section 13. Execution in Several Counterparts. This Escrow Agreement may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original; and all such counterparts shall together constitute but one and the same instrument. Section 14. Bond Insurer as Third Party Beneficiary. The Bond Insurer is an intended third party beneficiary of this Escrow Agreement, and is entitled to enforce the provisions of this Escrow Agreement. Section 15. Governing Law. This Escrow Agreement shall be construed and governed in accordance with the laws of the State of California applicable to contracts made and performed in California. -6- IN WITNESS WHEREOF, the SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY has caused this Escrow Agreement to be signed in its name by its Executive Director, and U.S. BANK NATIONAL ASSOCIATION, in token of its acceptance of the escrow created hereunder, has caused this Escrow Agreement to be signed in its corporate name by its officer identified below, all as of the day and year first above written. 19139.01:J14742/2006A SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY By: Aaron Adams, Executive Director U.S. BANK NATIONAL ASSOCIATION, as Escrow Bank and Prior Trustee By: Authorized Officer S-1 EXHIBIT A PAYMENT SCHEDULE FOR THE 2006A BONDS Payment Called Date Principal Interest Total Payment , 2017 $14,965,000.00 $ $ Exhibit A EXHIBIT B FORM OF NOTICE OF REDEMPTION CONDITIONAL NOTICE OF FULL/FINAL REDEMPTION OF Redevelopment Agency of the City of Temecula Temecula Redevelopment Project No. 1 2006 Tax Allocation Bonds, Series A Maturity Amount Redemption Interest CUSIP Date Called Price(1) Rate Number(2) August 1, 2018 $ 350,000 100% 4.000% 87970F CD9 August 1, 2019 360,000 100 4.000 87970F CE7 August 1, 2020 375,000 100 4.000 87970F CF4 August 1, 2021 390,000 100 4.000 87970F CG2 August 1, 2022 405,000 100 4.100 87970F CHO August 1, 2023 425,000 100 4.125 87970F CJ6 August 1, 2024 440,000 100 4.200 87970F CK3 August 1, 2025 460,000 100 4.200 87970F DCO August 1, 2030 2,600,000 100 4.250 87970F DD8 August 1, 2036 3,945,000 100 4.500 87970F CL1 August 1, 2038 5,215,000 100 4.500 87970F CM9 NOTICE is hereby given that the Successor Agency to the Temecula Redevelopment Agency (the "Successor Agency"), has conditionally called for redemption on , 2017 (the "Redemption Date"), the Redevelopment Agency of the City of Temecula Temecula Redevelopment Project No. 1 2006 Tax Allocation Bonds, Series A, described above (the "Bonds"), at a price equal to 100% of the principal amount thereof, plus accrued interest to the date fixed for redemption (the "Redemption Price"). The Bonds are being conditionally called for redemption on the Redemption Date subject to the provisions of the succeeding paragraph of this Conditional Notice of Full/Final Redemption, and pursuant to the provisions of Section 10.04(a) of the Indenture of Trust, dated as April 1, 2002 (as amended, the "Indenture"), by and between the Authority and U.S. Bank National Association, as trustee (the "Trustee"), pursuant to which the Bonds were issued. This Conditional Notice of Full/Final Redemption, and the payment of the Redemption Price on the Redemption Date, is subject to the receipt of funds in an amount sufficient to pay in full the Redemption Price of all of the Bonds on or before the Redemption Date, resulting from a sale of refunding bonds of the Successor Agency, expected to close on or about , 2017. In the event such funds are not received by the Redemption Date, this Conditional Notice of Full/Final Redemption shall be null and void and of no force and effect, and any Bonds delivered for redemption shall be returned to the respective owners thereof, and the Bonds shall remain outstanding under the Indenture as though this Conditional Notice of Full /Final Redemption had not been given. Notice of a failure to receive funds, and cancellation of this redemption, will be given by the Trustee to the registered owners of the Bonds. Accrued interest to be added. Neither the Successor Agency nor U.S. Bank National Association, as trustee, shall be held responsible for the selection or use of CUSIP numbers, nor is any representation made as to their correctness as shown in this Conditional Notice of Full/Final Redemption. They are included solely for convenience of the owners. Exhibit B Page 1 Subject to the foregoing, on the Redemption Date, the Redemption Price will become due and payable upon each Bond and interest with respect thereto shall cease to accrue from and after the Redemption Date. Payment of principal will be made upon presentation on and after the Redemption Date, at the following address: U.S. Bank Global Corporate Trust Services 111 Fillmore Ave E St. Paul, MN 55107 Owners of Bonds presenting their certificates in person for the same day payment must surrender their certificate by 1:00 p.m. on the prepayment date and a check will be available for pickup after 2:00 p.m. Checks not picked up by 4:30 p.m. will be mailed to the Bondholder by first class mail. If payment of the Redemption Price is to be made to the registered owner of the Bond you are not required to endorse the Bond to collect the Redemption Price. Under applicable federal law, federal backup withholding tax will be withheld at the applicable backup withholding rate in effect at the time the payment is made if the Bondowner's tax identification number is not properly certified. The Form W-9 may be obtained from the Internal Revenue Service. Dated: , 2017 U.S. BANK NATIONAL ASSOCIATION, as Trustee Exhibit B Page 2 EXHIBIT C NOTICE OF DEFEASANCE Redevelopment Agency of the City of Temecula Temecula Redevelopment Project No. 1 2006 Tax Allocation Bonds, Series A Maturity Amount CUSIP Date Defeased Number* August 1, 2018 $ 350,000 87970F CD9 August 1, 2019 360,000 87970F CE7 August 1, 2020 375,000 87970F CF4 August 1, 2021 390,000 87970F CG2 August 1, 2022 405,000 87970F CHO August 1, 2023 425,000 87970F CJ6 August 1, 2024 440,000 87970F CK3 August 1, 2025 460,000 87970F DCO August 1, 2030 2,600,000 87970F DD8 August 1, 2036 3,945,000 87970F CLI August 1, 2038 5,215,000 87970F CM9 NOTICE IS HEREBY GIVEN, on behalf of the Successor Agency to the Temecula Redevelopment Agency (the "Successor Agency"), to the owners of the outstanding Redevelopment Agency of the City of Temecula Temecula Redevelopment Project No. 1 2006 Tax Allocation Bonds, Series A, described above (the "Bonds"), that pursuant to the indenture of trust, as amended, authorizing the issuance of the Bonds (the "Indenture"), the lien of the Indenture with respect to the Bonds has been discharged through the irrevocable deposit of cash and U.S. Treasury securities in an escrow fund (the "Escrow Fund"). The Escrow Fund has been established and is being maintained pursuant to that certain Escrow Agreement, dated as of 1, 2017, by and between the Successor Agency and U.S. Bank National Association, as escrow bank. As a result of such deposit, the Bonds are deemed to have been paid and defeased in accordance with the Indenture. The pledge of the funds provided for under the Indenture and all other obligations of the Successor Agency to the owners of the Bonds is now limited to the application of moneys in the Escrow Fund for the payment of the principal and interest on the Bonds as the same become due and payable as described below. The maturing U.S. Treasury securities, the interest thereon and the cash deposited in the Escrow Fund are calculated to provide sufficient moneys to redeem the Bonds in full on , 2017, at a redemption price equal to 100% of the principal thereof plus accrued interest to such date. DATED this day of , 2017 U.S. BANK NATIONAL ASSOCIATION, as Escrow Bank * Neither the Successor Agency nor U.S. Bank National Association, as escrow bank, shall be held responsible for the selection or use of CUSIP numbers, nor is any representation made as to their correctness as shown in this Notice of Defeasance. They are included solely for convenience of the owners. Exhibit C EXHIBIT D SCHEDULE OF ESCROWED FEDERAL SECURITIES Type Maturity Coupon Principal Price U.S. Treasury Note , 2017 % $ $ Exhibit D Quint & Thimmig LLP 6/28/17 7/10/17 8/18/17 ESCROW AGREEMENT by and between the SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY and U.S. BANK NATIONAL ASSOCIATION, as Escrow Bank dated as of 1, 2017 relating to: Redevelopment Agency of the City of Temecula Temecula Redevelopment Project No. 1 2006 Tax Allocation Bonds, Series B (Subordinate Lien) 19139.01:114743 /2006B ESCROW AGREEMENT This ESCROW AGREEMENT (the "Escrow Agreement") is made and entered into as of this 1st day of , 2017, by and between the SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY (the "Successor Agency"), and U.S. BANK NATIONAL ASSOCIATION, a national banking association organized and existing under the laws of the United States of America, with a corporate trust office in Los Angeles, California, and being qualified to accept and administer the escrow hereby created, as trustee with respect to the hereinafter described 2006B Bonds and as escrow bank hereunder (the "Escrow Bank"). RECITALS: WHEREAS, the Redevelopment Agency of the City of Temecula (the "Former Agency") was a public body, corporate and politic, duly established and authorized to transact business and exercise powers under and pursuant to the provisions of the Community Redevelopment Law of the State of California, constituting Part 1 of Division 24 of the California Health and Safety Code (the "Law"), including the power to issue bonds for any of its corporate purposes; WHEREAS, the Former Agency has previously issued its Redevelopment Agency of the City of Temecula Temecula Redevelopment Project No. 1 2006 Tax Allocation Bonds, Series B (Subordinate Lien) (the "2006B Bonds"); WHEREAS, the 2006B Bonds were issued pursuant to an indenture of trust, dated as of December 1, 2006 (the "Prior Indenture"), by and between the Former Agency and U.S. Bank National Association, as trustee (the "Prior Trustee"); WHEREAS, Sections 9.03 and 2.03(a) of the Prior Indenture allow for the defeasance and optional redemption, respectively, of the outstanding 2006B Bonds; WHEREAS, the Successor Agency has determined that, due to prevailing financial market conditions, it is in the best interests of the Successor Agency at this time to provide for (a) the defeasance of the 2006B Bonds, and (b) the redemption of the outstanding 2006B Bonds on , 2017 (the "Redemption Date") at a redemption price equal to 100% of the principal amount thereof, plus accrued interest to such date (the "Redemption Price"); WHEREAS, to raise funds necessary to effectuate such defeasance and refunding, and for other purposes, the Successor Agency has issued its Successor Agency to the Temecula Redevelopment Agency Tax Allocation Refunding Bonds, Series 2017A (the "2017 Bonds"), pursuant to an Indenture of Trust, dated as of 1, 2017 (the "2017 Indenture"), by and between the Successor Agency and U.S. Bank National Association, as trustee for the 2017 Bonds (the "2017 Trustee"); WHEREAS, the Successor Agency wishes to make a deposit with the Escrow Bank and to enter into this Escrow Agreement for the purpose of providing the terms and conditions for the deposit and application of amounts so deposited; and WHEREAS, the Escrow Bank has full powers to act with respect to the escrow created hereby and to perform the duties and obligations to be undertaken by it pursuant to this Escrow Agreement. -1- AGREEMENT: NOW, THEREFORE, in consideration of the above premises and of the mutual promises and covenants herein contained, and for other valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties hereto do hereby agree as follows: Section 1. Appointment of Escrow Bank. The Successor Agency hereby appoints the Escrow Bank as escrow bank for all purposes of this Escrow Agreement and in accordance with the terms and provisions of this Escrow Agreement, and the Escrow Bank hereby accepts such appointment. Section 2. Establishment of Escrow Fund. There is hereby created by the Successor Agency with, and to be held by, the Escrow Bank, as security for the defeasance and redemption of the 2006B Bonds, as hereinafter set forth, an irrevocable escrow to be maintained by the Escrow Bank on behalf of the Successor Agency and for the benefit of the owners of the 2006B Bonds, said escrow to be designated the 2006B Bonds Escrow Fund (the "Escrow Fund"). All securities, investments and moneys in the Escrow Fund and the proceeds thereof are hereby irrevocably pledged for the benefit of the owners, from time to time, of the 2006B Bonds, to secure the payment of the Redemption Price of the 2006B Bonds due on the Redemption Date. In furtherance of the foregoing, all moneys deposited in the Escrow Fund shall constitute a special fund for the defeasance and redemption of the 2006B Bonds in accordance with the provisions of the Prior Indenture and this Escrow Agreement. If at any time the Escrow Bank shall receive actual knowledge that the moneys in the Escrow Fund will not be sufficient to make any payment required by Section 4 hereof, the Escrow Bank shall notify the Successor Agency of such fact and the Successor Agency shall immediately cure such deficiency with any legally available funds. Section 3. Deposit into Escrow Fund. (a) Concurrent with delivery of the 2017 Bonds, the Successor Agency shall cause to be transferred to the Escrow Bank for deposit into the Escrow Fund the amount of $ , derived as follows: (i) from the proceeds of the 2017 Bonds, $ (ii) from amounts in the Reserve Account established under the Prior Indenture, $ ; and (iii) from amounts held by the Successor Agency, $ (b) The Escrow Bank shall invest $ of the moneys deposited into the Escrow Fund pursuant to the preceding paragraph in the Defeasance Securities (as defined in the Prior Indenture) described in Exhibit D attached hereto (the "Escrowed Federal Securities"), and shall hold the remaining $ in cash, uninvested. The Escrowed Federal Securities shall be deposited with and held by the Escrow Bank in the Escrow Fund solely for the uses and purposes set forth herein. (c) The Escrow Bank may rely upon the conclusion of Grant Thornton LLP, as contained in its opinion and accompanying schedules (the "Report") dated , 2017, that the Escrowed Federal Securities mature and bear interest payable in such amounts and at such times as, together with cash on deposit in the Escrow Fund, will be sufficient to provide for the redemption of the outstanding 2006B Bonds on the Redemption Date at the Redemption Price. -2- (d) The Escrow Bank shall not be liable or responsible for any loss resulting from its full compliance with the provisions of this Escrow Agreement. (e) The Successor Agency acknowledges that to the extent regulations of the Comptroller of the Currency or other applicable regulatory entity grant the Successor Agency the right to receive brokerage confirmations of security transactions as they occur, the Successor Agency specifically waives receipt of such confirmations to the extent permitted by law. The Escrow Bank will furnish the Successor Agency periodic transaction statements which include detail for all investment transactions made by the Escrow Bank hereunder; provided that the Escrow Bank is not obligated to provide an accounting for any fund or account that (i) has a balance of $0.00 and (ii) has not had any activity since the last reporting date. Section 4. Instructions as to Application of Deposit; Defeasance Notice; Redemption Notice. (a) The amounts deposited in the Escrow Fund pursuant to Section 3 shall be applied by the Escrow Bank for the sole purposes of redeeming the 2006B Bonds on the Redemption Date at the Redemption Price, all as shown on Exhibit A attached hereto. Following the redemption of the 2006B Bonds, the Escrow Bank shall transfer any moneys remaining in the Escrow Fund to the Successor Agency for deposit in the Redevelopment Obligation Retirement Fund referenced in the 2017 Indenture. (b) The Escrow Bank hereby acknowledges that the Successor Agency has heretofore given the Escrow Bank, as Prior Trustee, direction to provide a conditional notice of notice of redemption of the 2006B Bonds on the Redemption Date at the Redemption Price in accordance with the applicable provisions of the Prior Indenture and in the form of the redemption notice attached hereto as Exhibit B, and that the Fiscal Agent has so provided such notice of redemption of the 2006B Bonds to the registered owners thereof. (c) The Escrow Bank is hereby requested, and the Escrow Bank hereby agrees, to promptly give notice of the defeasance of the 2006B Bonds in the form of defeasance notice attached hereto as Exhibit C. Section 5. Application of Certain Prior Funds. The Escrow Bank, as Prior Trustee, is hereby directed by the Successor Agency to transfer from the Reserve Account established under the Prior Indenture, on the date of issuance of the 2017 Bonds, $ to the Escrow Fund. Section 6. Application of Certain Terms of Prior Indenture. All of the terms of the Prior Indenture relating to the making of payments of principal and interest with respect to the 2006B Bonds are incorporated in this Escrow Agreement as if set forth in full herein. The provisions of the Prior Indenture relating to the limitations from liability and protections afforded to the Prior Trustee and the resignation and removal of the Prior Trustee are also incorporated in this Escrow Agreement as if set forth in full herein and shall be the procedure to be followed with respect to any resignation or removal of the Escrow Bank hereunder. Section 7. Compensation to Escrow Bank. The Successor Agency shall pay the Escrow Bank full compensation for its duties under this Escrow Agreement, including out-of-pocket costs such as publication costs, prepayment or redemption expenses, legal fees and other costs and expenses relating hereto. Under no circumstances shall amounts deposited in the Escrow Fund be deemed to be available for said purposes. -3- Section 8. Liabilities and Obligations of Escrow Bank. The Escrow Bank shall have no obligation to make any payment or disbursement of any type or incur any financial liability in the performance of its duties under this Escrow Agreement unless the Successor Agency shall have deposited sufficient funds with the Escrow Bank. The Escrow Bank may rely and shall be protected in acting upon the written instructions of the Successor Agency or its agents relating to any matter or action as Escrow Bank under this Escrow Agreement. The Escrow Bank and its respective successors, assigns, agents and servants shall not be held to any personal liability whatsoever, in tort, contract, or otherwise, in connection with the execution and delivery of this Escrow Agreement, the establishment of the Escrow Fund, the acceptance of the moneys deposited therein, the sufficiency of the moneys held hereunder to accomplish the purposes set forth in Section 4 hereof, or any payment, transfer or other application of moneys by the Escrow Bank in accordance with the provisions of this Escrow Agreement or by reason of any non -negligent act, non -negligent omission or non -negligent error of the Escrow Bank made in good faith in the conduct of its duties. The recitals of fact contained in the "whereas" clauses herein shall be taken as the statement of the Successor Agency, and the Escrow Bank assumes no responsibility for the correctness thereof. The Escrow Bank makes no representations as to the sufficiency of the Escrowed Federal Securities and the uninvested moneys to accomplish the purposes set forth in Section 4 hereof or to the validity of this Escrow Agreement as to the Successor Agency and, except as otherwise provided herein, the Escrow Bank shall incur no liability in respect thereof. The Escrow Bank shall not be liable in connection with the performance of its duties under this Escrow Agreement except for its own negligence, willful misconduct or default, and the duties and obligations of the Escrow Bank shall be determined by the express provisions of this Escrow Agreement. The Escrow Bank may consult with counsel, who may or may not be counsel to the Successor Agency, and in reliance upon the written opinion of such counsel shall have full and complete authorization and protection in respect of any action taken, suffered or omitted by it in good faith in accordance therewith. Whenever the Escrow Bank shall deem it necessary or desirable that a matter be proved or established prior to taking, suffering, or omitting any action under this Escrow Agreement, such matter (except the matters set forth herein as specifically requiring a certificate of a nationally recognized firm of independent certified public accountants or an opinion of counsel) may be deemed to be conclusively established by a written certification of the Successor Agency. Anything in this Escrow Agreement to the contrary notwithstanding, in no event shall the Escrow Bank be liable for special, indirect, punitive or consequential loss or damage of any kind whatsoever (including but not limited to lost profits), even if the Escrow Bank has been advised of the likelihood of such loss or damage and regardless of the form of action. The Escrow Bank agrees to accept and act upon instructions or directions pursuant to this Escrow Agreement sent by unsecured e-mail, facsimile transmission or other similar unsecured electronic methods, provided, however, that, the Escrow Bank shall have received an incumbency certificate listing persons designated to give such instructions or directions and containing specimen signatures of such designated persons, which such incumbency certificate shall be amended and replaced whenever a person is to be added or deleted from the listing. If the Successor Agency elects to give the Escrow Bank e-mail or facsimile instructions (or instructions by a similar electronic method) and the Escrow Bank in its discretion elects to act upon such instructions, the Escrow Bank's understanding of such instructions shall be deemed controlling. The Escrow Bank shall not be liable for any losses, costs or expenses arising directly or indirectly from the Escrow Bank's reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Successor Agency agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Escrow Bank, including without -4- limitation the risk of the Escrow Bank acting on unauthorized instructions, and the risk of interception and misuse by third parties. The Successor Agency hereby assumes liability for, and hereby agrees (whether or not any of the transactions contemplated hereby are consummated), to the extent permitted by law, to indemnify, protect, save and hold harmless the Escrow Bank and its respective successors, assigns, agents and servants from and against any and all liabilities, obligations, losses, damages, penalties, claims, actions, suits, costs, expenses and disbursements (including legal fees and disbursements) of whatsoever kind and nature which may be imposed on, incurred by, or asserted against, at any time, the Escrow Bank (whether or not also indemnified against by any other person under any other agreement or instrument) and in any way relating to or arising out of the execution and delivery of this Escrow Agreement, the establishment of the Escrow Fund, the retention of the moneys therein and any payment, transfer or other application of moneys by the Escrow Bank in accordance with the provisions of this Escrow Agreement, or as may arise by reason of any act, omission or error of the Escrow Bank made in good faith in the conduct of its duties; provided, however, that the Successor Agency shall not be required to indemnify the Escrow Bank against its own negligence or misconduct. The indemnities contained in this Section 8 shall survive the termination of this Escrow Agreement or the resignation or removal of the Escrow Bank. No provision of this Escrow Agreement shall require the Escrow Bank to expend or risk its own funds or otherwise incur any financial liability in the performance or exercise of any of its duties hereunder, or in the exercise of its rights or powers. The Escrow Bank may execute any of the rights or powers hereunder or perform any duties hereunder either directly or by or through agents, attorneys, custodians or nominees appointed with due care. The Escrow Bank shall furnish the Successor Agency periodic cash transaction statements which include detail for all investment transactions effected by the Escrow Bank with respect to the Escrow Fund. Upon the Successor Agency's election, such statements will be delivered via the Escrow Bank's online service and upon electing such service, paper statements will be provided only upon request. The Successor Agency further understands that trade confirmations for securities transactions effected by the Escrow Bank will be available upon request and at no additional cost and other trade confirmations may be obtained from the applicable broker. Section 9. Amendment. This Escrow Agreement may be modified or amended at any time by a supplemental agreement which shall become effective when the written consents of the owners of one hundred percent (100%) in aggregate principal amount of the 2006B Bonds shall have been filed with the Escrow Bank. This Escrow Agreement may be modified or amended at any time by a supplemental agreement, without the consent of any such owners, and then only (a) to add to the covenants and agreements of any party, other covenants to be observed, or to surrender any right or power herein or therein reserved to the Successor Agency and the Successor Agency, (b) to cure, correct or supplement any ambiguous or defective provision contained herein, (c) in regard to questions arising hereunder or thereunder, as the parties hereto or thereto may deem necessary or desirable and which, in the opinion of counsel, shall not materially adversely affect the interests of the owners of the 2006B Bonds or the 2017 Bonds, and that such amendment will not cause interest on the 2006B Bonds or the 2017 Bonds to become subject to federal income taxation. Section 10. Severability. If any section, paragraph, sentence, clause or provision of this Escrow Agreement shall for any reason be held to be invalid or unenforceable, the invalidity or -5- unenforceability of such section, paragraph, sentence clause or provision shall not affect any of the remaining provisions of this Escrow Agreement. Section 11. Notice of Escrow Bank and Successor Agency. Any notice to or demand upon the Escrow Bank may be served and presented, and such demand may be made, at the Office (as defined in the Prior Indenture) as specified by the Escrow Bank as Prior Trustee in accordance with the provisions of the Prior Indenture. Any notice to or demand upon the Successor Agency shall be deemed to have been sufficiently given or served for all purposes by being mailed by first class mail, and deposited, postage prepaid, in a post office letter box, addressed to such party as provided for the "Agency" in the Prior Indenture (or such other address as may have been filed in writing by the Successor Agency or the Successor Agency with the Escrow Bank). Section 12. Merger or Consolidation of Escrow Bank. Any company into which the Escrow Bank may be merged or converted or with which it may be consolidated or any company resulting from any merger, conversion or consolidation to which it shall be a party or any company to which the Escrow Bank may sell or transfer all or substantially all of its corporate trust business, provided such company shall be eligible to act as trustee under the Prior Indenture, shall be the successor hereunder to the Escrow Bank without the execution or filing of any paper or any further act. Section 13. Execution in Several Counterparts. This Escrow Agreement may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original; and all such counterparts shall together constitute but one and the same instrument. Section 14. Governing Law. This Escrow Agreement shall be construed and governed in accordance with the laws of the State of California applicable to contracts made and performed in California. -6- IN WITNESS WHEREOF, the SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY has caused this Escrow Agreement to be signed in its name by its Executive Director, and U.S. BANK NATIONAL ASSOCIATION, in token of its acceptance of the escrow created hereunder, has caused this Escrow Agreement to be signed in its corporate name by its officer identified below, all as of the day and year first above written. 19139.01:J14743/2006B SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY By: Aaron Adams, Executive Director U.S. BANK NATIONAL ASSOCIATION, as Escrow Bank and Prior Trustee By: Authorized Officer S-1 EXHIBIT A PAYMENT SCHEDULE FOR THE 2006B BONDS Payment Called Date Principal Interest Total Payment , 2017 $2,630,000.00 $ $ Exhibit A EXHIBIT B FORM OF NOTICE OF REDEMPTION CONDITIONAL NOTICE OF FULL/FINAL REDEMPTION OF Redevelopment Agency of the City of Temecula Temecula Redevelopment Project No. 1 2006 Tax Allocation Bonds, Series B (Subordinate Lien) Maturity Amount Redemption Interest CUSIP Date Called Price(1) Rate Number(2) December 15, 2017 $ 70,000 100% 4.60% 87970F CV9 December 15, 2018 75,000 100 4.65 87970F CW7 December 15, 2019 75,000 100 4.70 87970F CX5 December 15, 2020 80,000 100 4.75 87970F CY3 December 15, 2021 85,000 100 4.80 87970F CZO December 15, 2022 90,000 100 4.85 87970F DE6 December 15, 2026 390,000 100 5.00 87970F DA4 December 15, 2038 1,765,000 100 5.00 87970F DB2 NOTICE is hereby given that the Successor Agency to the Temecula Redevelopment Agency (the "Successor Agency"), has conditionally called for redemption on , 2017 (the "Redemption Date"), the Redevelopment Agency of the City of Temecula Temecula Redevelopment Project No. 1 2006 Tax Allocation Bonds, Series B (Subordinate Lien), described above (the "Bonds"), at a price equal to 100% of the principal amount thereof, plus accrued interest to the date fixed for redemption (the "Redemption Price"). The Bonds are being conditionally called for redemption on the Redemption Date subject to the provisions of the succeeding paragraph of this Conditional Notice of Full/Final Redemption, and pursuant to the provisions of Section 2.03(a) of the Indenture of Trust, dated as of December 1, 2006 (the "Indenture"), by and between the Authority and U.S. Bank National Association, as trustee (the "Trustee"), pursuant to which the Bonds were issued. This Conditional Notice of Full/ Final Redemption, and the payment of the Redemption Price on the Redemption Date, is subject to the receipt of funds in an amount sufficient to pay in full the Redemption Price of all of the Bonds on or before the Redemption Date, resulting from a sale of refunding bonds of the Successor Agency, expected to close on or about , 2017. In the event such funds are not received by the Redemption Date, this Conditional Notice of Full/Final Redemption shall be null and void and of no force and effect, and any Bonds delivered for redemption shall be returned to the respective owners thereof, and the Bonds shall remain outstanding under the Indenture as though this Conditional Notice of Full/Final Redemption had not been given. Notice of a failure to receive funds, and cancellation of this redemption, will be given by the Trustee to the registered owners of the Bonds. Subject to the foregoing, on the Redemption Date, the Redemption Price will become due and payable upon each Bond and interest with respect thereto shall cease to accrue from and after the Redemption Date. Accrued interest to be added. Neither the Successor Agency nor U.S. Bank National Association, as trustee, shall be held responsible for the selection or use of CUSIP numbers, nor is any representation made as to their correctness as shown in this Conditional Notice of Full/Final Redemption. They are included solely for convenience of the owners. Exhibit B Page 1 Payment of principal will be made upon presentation on and after the Redemption Date, at the following address: U.S. Bank Global Corporate Trust Services 111 Fillmore Ave E St. Paul, MN 55107 Owners of Bonds presenting their certificates in person for the same day payment must surrender their certificate by 1:00 p.m. on the prepayment date and a check will be available for pickup after 2:00 p.m. Checks not picked up by 4:30 p.m. will be mailed to the Bondholder by first class mail. If payment of the Redemption Price is to be made to the registered owner of the Bond you are not required to endorse the Bond to collect the Redemption Price. Under applicable federal law, federal backup withholding tax will be withheld at the applicable backup withholding rate in effect at the time the payment is made if the Bondowner's tax identification number is not properly certified. The Form W-9 may be obtained from the Internal Revenue Service. Dated: , 2017 U.S. BANK NATIONAL ASSOCIATION, as Trustee Exhibit B Page 2 EXHIBIT C NOTICE OF DEFEASANCE Redevelopment Agency of the City of Temecula Temecula Redevelopment Project No. 12006 Tax Allocation Bonds, Series B (Subordinate Lien) Maturity Amount CUSIP Date Defeased Number* December 15, 2017 December 15, 2018 December 15, 2019 December 15, 2020 December 15, 2021 December 15, 2022 December 15, 2026 December 15, 2038 $ 70,000 75,000 75,000 80,000 85,000 90,000 390,000 1,765,000 87970F CV9 87970F CW7 87970F CX5 87970F CY3 87970F CZO 87970F DE6 87970F DA4 87970F DB2 NOTICE IS HEREBY GIVEN, on behalf of the Successor Agency to the Temecula Redevelopment Agency (the "Successor Agency"), to the owners of the outstanding Redevelopment Agency of the City of Temecula Temecula Redevelopment Project No. 1 2006 Tax Allocation Bonds, Series B (Subordinate Lien), described above (the "Bonds"), that pursuant to the indenture of trust authorizing the issuance of the Bonds (the "Indenture"), the lien of the Indenture with respect to the Bonds has been discharged through the irrevocable deposit of cash and U.S. Treasury securities in an escrow fund (the "Escrow Fund"). The Escrow Fund has been established and is being maintained pursuant to that certain Escrow Agreement, dated as of 1, 2017, by and between the Successor Agency and U.S. Bank National Association, as escrow bank. As a result of such deposit, the Bonds are deemed to have been paid and defeased in accordance with the Indenture. The pledge of the funds provided for under the Indenture and all other obligations of the Successor Agency to the owners of the Bonds is now limited to the application of moneys in the Escrow Fund for the payment of the principal and interest on the Bonds as the same become due and payable as described below. The maturing U.S. Treasury securities, the interest thereon and the cash deposited in the Escrow Fund are calculated to provide sufficient moneys to redeem the Bonds in full on , 2017, at a redemption price equal to 100% of the principal thereof plus accrued interest to such date. DATED this day of , 2017 U.S. BANK NATIONAL ASSOCIATION, as Escrow Bank * Neither the Successor Agency nor U.S. Bank National Association, as escrow bank, shall be held responsible for the selection or use of CUSIP numbers, nor is any representation made as to their correctness as shown in this Notice of Defeasance. They are included solely for convenience of the owners. Exhibit C EXHIBIT D SCHEDULE OF ESCROWED FEDERAL SECURITIES Type Maturity Coupon Principal Price U.S. Treasury Note , 2017 % $ $ Exhibit D Quint & Thimmig LLP 6/28/17 7/10/17 8/18/17 ESCROW AGREEMENT by and between the SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY and U.S. BANK NATIONAL ASSOCIATION, as Escrow Bank dated as of 1, 2017 relating to: Redevelopment Agency of the City of Temecula Temecula Redevelopment Project No. 1 2007 Tax Allocation Bonds (Subordinate Lien) 19139.01:114744/2007 ESCROW AGREEMENT This ESCROW AGREEMENT (the "Escrow Agreement") is made and entered into as of this 1st day of , 2017, by and between the SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY (the "Successor Agency"), and U.S. BANK NATIONAL ASSOCIATION, a national banking association organized and existing under the laws of the United States of America, with a corporate trust office in Los Angeles, California, and being qualified to accept and administer the escrow hereby created, as trustee with respect to the hereinafter described 2007 Bonds and as escrow bank hereunder (the "Escrow Bank"). RECITALS: WHEREAS, the Redevelopment Agency of the City of Temecula (the "Former Agency") was a public body, corporate and politic, duly established and authorized to transact business and exercise powers under and pursuant to the provisions of the Community Redevelopment Law of the State of California, constituting Part 1 of Division 24 of the California Health and Safety Code (the "Law"), including the power to issue bonds for any of its corporate purposes; WHEREAS, the Former Agency has previously issued its Redevelopment Agency of the City of Temecula Temecula Redevelopment Project No. 1 2007 Tax Allocation Bonds (Subordinate Lien) (the "2007 Bonds"); WHEREAS, the 2007 Bonds were issued pursuant to an indenture of trust, dated as of December 1, 2006, as amended and supplemented by a First Supplemental Indenture of Trust, dated as of October 1, 2007 (collectively, the "Prior Indenture"), each by and between the Former Agency and U.S. Bank National Association, as trustee (the "Prior Trustee"); WHEREAS, Sections 9.03 and 10.04(a) of the Prior Indenture allow for the defeasance and optional redemption, respectively, of the outstanding 2007 Bonds; WHEREAS, the Successor Agency has determined that, due to prevailing financial market conditions, it is in the best interests of the Successor Agency at this time to provide for (a) the defeasance of the 2007 Bonds, (b) the payment of the debt service on the 2007 Bonds on December 15, 2017, and (c) the redemption of the outstanding 2007 Bonds maturing on and after December 15, 2018 on December 15, 2017 (the "Redemption Date") at a redemption price equal to 100% of the principal amount thereof, plus accrued interest to such date (the "Redemption Price"); WHEREAS, to raise funds necessary to effectuate such defeasance, payment and redemption, and for other purposes, the Successor Agency has issued its Successor Agency to the Temecula Redevelopment Agency Tax Allocation Refunding Bonds, Series 2017A (the "2017 Bonds"), pursuant to an Indenture of Trust, dated as of 1, 2017 (the "2017 Indenture"), by and between the Successor Agency and U.S. Bank National Association, as trustee for the 2017 Bonds (the "2017 Trustee"); WHEREAS, the Successor Agency wishes to make a deposit with the Escrow Bank and to enter into this Escrow Agreement for the purpose of providing the terms and conditions for the deposit and application of amounts so deposited; and WHEREAS, the Escrow Bank has full powers to act with respect to the escrow created hereby and to perform the duties and obligations to be undertaken by it pursuant to this Escrow Agreement. -1- AGREEMENT: NOW, THEREFORE, in consideration of the above premises and of the mutual promises and covenants herein contained, and for other valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties hereto do hereby agree as follows: Section 1. Appointment of Escrow Bank. The Successor Agency hereby appoints the Escrow Bank as escrow bank for all purposes of this Escrow Agreement and in accordance with the terms and provisions of this Escrow Agreement, and the Escrow Bank hereby accepts such appointment. Section 2. Establishment of Escrow Fund. There is hereby created by the Successor Agency with, and to be held by, the Escrow Bank, as security for the defeasance and redemption of the 2007 Bonds, as hereinafter set forth, an irrevocable escrow to be maintained by the Escrow Bank on behalf of the Successor Agency and for the benefit of the owners of the 2007 Bonds, said escrow to be designated the 2007 Bonds Escrow Fund (the "Escrow Fund"). All securities, investments and moneys in the Escrow Fund and the proceeds thereof are hereby irrevocably pledged for the benefit of the owners, from time to time, of the 2007 Bonds, to secure the payment of the Redemption Price of the 2007 Bonds due on the Redemption Date. In furtherance of the foregoing, all moneys deposited in the Escrow Fund shall constitute a special fund for the defeasance, payment and redemption of the 2007 Bonds in accordance with the provisions of the Prior Indenture and this Escrow Agreement. If at any time the Escrow Bank shall receive actual knowledge that the moneys in the Escrow Fund will not be sufficient to make any payment required by Section 4 hereof, the Escrow Bank shall notify the Successor Agency of such fact and the Successor Agency shall immediately cure such deficiency with any legally available funds. Section 3. Deposit into Escrow Fund. (a) Concurrent with delivery of the 2017 Bonds, the Successor Agency shall cause to be transferred to the Escrow Bank for deposit into the Escrow Fund the amount of $ , derived as follows: (i) from the proceeds of the 2017 Bonds, $ (ii) from amounts in the Reserve Account established under the Prior Indenture, $ ; and (iii) from amounts held by the Successor Agency, $ (b) The Escrow Bank shall invest $ of the moneys deposited into the Escrow Fund pursuant to the preceding paragraph in the Defeasance Securities (as defined in the Prior Indenture) described in Exhibit D attached hereto (the "Escrowed Federal Securities"), and shall hold the remaining $ in cash, uninvested. The Escrowed Federal Securities shall be deposited with and held by the Escrow Bank in the Escrow Fund solely for the uses and purposes set forth herein. (c) The Escrow Bank may rely upon the conclusion of Grant Thornton LLP, as contained in its opinion and accompanying schedules (the "Report") dated , 2017, that the Escrowed Federal Securities mature and bear interest payable in such amounts and at such times as, together with cash on deposit in the Escrow Fund, will be sufficient to provide for the payment of the debt service due on the 2007 Bonds on December 15, 2017, and the redemption -2- of the outstanding 2007 Bonds maturing on and after December 15, 2018 on the Redemption Date at the Redemption Price. (d) The Escrow Bank shall not be liable or responsible for any loss resulting from its full compliance with the provisions of this Escrow Agreement. (e) The Successor Agency acknowledges that to the extent regulations of the Comptroller of the Currency or other applicable regulatory entity grant the Successor Agency the right to receive brokerage confirmations of security transactions as they occur, the Successor Agency specifically waives receipt of such confirmations to the extent permitted by law. The Escrow Bank will furnish the Successor Agency periodic transaction statements which include detail for all investment transactions made by the Escrow Bank hereunder; provided that the Escrow Bank is not obligated to provide an accounting for any fund or account that (i) has a balance of $0.00 and (ii) has not had any activity since the last reporting date. Section 4. Instructions as to Application of Deposit; Defeasance Notice; Redemption Notice. (a) The amounts deposited in the Escrow Fund pursuant to Section 3 shall be applied by the Escrow Bank for the sole purposes of redeeming the 2007 Bonds on the Redemption Date at the Redemption Price, all as shown on Exhibit A attached hereto. Following the redemption of the 2007 Bonds, the Escrow Bank shall transfer any moneys remaining in the Escrow Fund to the Successor Agency for deposit in the Redevelopment Obligation Retirement Fund referenced in the 2017 Indenture. (b) The Successor Agency hereby directs the Escrow Bank, as Prior Trustee to provide, and the Escrow Bank, as Prior Trustee, hereby agrees to provide, notice of notice of redemption of the 2007 Bonds on the Redemption Date at the Redemption Price in accordance with the applicable provisions of the Prior Indenture and in the form of the redemption notice attached hereto as Exhibit B. (c) The Escrow Bank is hereby requested, and the Escrow Bank hereby agrees, to promptly give notice of the defeasance of the 2007 Bonds in the form of defeasance notice attached hereto as Exhibit C. Section 5. Application of Certain Prior Funds. The Escrow Bank, as Prior Trustee, is hereby directed by the Successor Agency to transfer from the Reserve Account established under the Prior Indenture, on the date of issuance of the 2017 Bonds, $ to the Escrow Fund. Section 6. Application of Certain Terms of Prior Indenture. All of the terms of the Prior Indenture relating to the making of payments of principal and interest with respect to the 2007 Bonds are incorporated in this Escrow Agreement as if set forth in full herein. The provisions of the Prior Indenture relating to the limitations from liability and protections afforded to the Prior Trustee and the resignation and removal of the Prior Trustee are also incorporated in this Escrow Agreement as if set forth in full herein and shall be the procedure to be followed with respect to any resignation or removal of the Escrow Bank hereunder. Section 7. Compensation to Escrow Bank. The Successor Agency shall pay the Escrow Bank full compensation for its duties under this Escrow Agreement, including out-of-pocket costs such as publication costs, prepayment or redemption expenses, legal fees and other costs and expenses relating hereto. Under no circumstances shall amounts deposited in the Escrow Fund be deemed to be available for said purposes. -3- Section 8. Liabilities and Obligations of Escrow Bank. The Escrow Bank shall have no obligation to make any payment or disbursement of any type or incur any financial liability in the performance of its duties under this Escrow Agreement unless the Successor Agency shall have deposited sufficient funds with the Escrow Bank. The Escrow Bank may rely and shall be protected in acting upon the written instructions of the Successor Agency or its agents relating to any matter or action as Escrow Bank under this Escrow Agreement. The Escrow Bank and its respective successors, assigns, agents and servants shall not be held to any personal liability whatsoever, in tort, contract, or otherwise, in connection with the execution and delivery of this Escrow Agreement, the establishment of the Escrow Fund, the acceptance of the moneys deposited therein, the sufficiency of the moneys held hereunder to accomplish the purposes set forth in Section 4 hereof, or any payment, transfer or other application of moneys by the Escrow Bank in accordance with the provisions of this Escrow Agreement or by reason of any non -negligent act, non -negligent omission or non -negligent error of the Escrow Bank made in good faith in the conduct of its duties. The recitals of fact contained in the "whereas" clauses herein shall be taken as the statement of the Successor Agency, and the Escrow Bank assumes no responsibility for the correctness thereof. The Escrow Bank makes no representations as to the sufficiency of the Escrowed Federal Securities and the uninvested moneys to accomplish the purposes set forth in Section 4 hereof or to the validity of this Escrow Agreement as to the Successor Agency and, except as otherwise provided herein, the Escrow Bank shall incur no liability in respect thereof. The Escrow Bank shall not be liable in connection with the performance of its duties under this Escrow Agreement except for its own negligence, willful misconduct or default, and the duties and obligations of the Escrow Bank shall be determined by the express provisions of this Escrow Agreement. The Escrow Bank may consult with counsel, who may or may not be counsel to the Successor Agency, and in reliance upon the written opinion of such counsel shall have full and complete authorization and protection in respect of any action taken, suffered or omitted by it in good faith in accordance therewith. Whenever the Escrow Bank shall deem it necessary or desirable that a matter be proved or established prior to taking, suffering, or omitting any action under this Escrow Agreement, such matter (except the matters set forth herein as specifically requiring a certificate of a nationally recognized firm of independent certified public accountants or an opinion of counsel) may be deemed to be conclusively established by a written certification of the Successor Agency. Anything in this Escrow Agreement to the contrary notwithstanding, in no event shall the Escrow Bank be liable for special, indirect, punitive or consequential loss or damage of any kind whatsoever (including but not limited to lost profits), even if the Escrow Bank has been advised of the likelihood of such loss or damage and regardless of the form of action. The Escrow Bank agrees to accept and act upon instructions or directions pursuant to this Escrow Agreement sent by unsecured e-mail, facsimile transmission or other similar unsecured electronic methods, provided, however, that, the Escrow Bank shall have received an incumbency certificate listing persons designated to give such instructions or directions and containing specimen signatures of such designated persons, which such incumbency certificate shall be amended and replaced whenever a person is to be added or deleted from the listing. If the Successor Agency elects to give the Escrow Bank e-mail or facsimile instructions (or instructions by a similar electronic method) and the Escrow Bank in its discretion elects to act upon such instructions, the Escrow Bank's understanding of such instructions shall be deemed controlling. The Escrow Bank shall not be liable for any losses, costs or expenses arising directly or indirectly from the Escrow Bank's reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Successor Agency agrees to assume all risks arising out of the use of such -4- electronic methods to submit instructions and directions to the Escrow Bank, including without limitation the risk of the Escrow Bank acting on unauthorized instructions, and the risk of interception and misuse by third parties. The Successor Agency hereby assumes liability for, and hereby agrees (whether or not any of the transactions contemplated hereby are consummated), to the extent permitted by law, to indemnify, protect, save and hold harmless the Escrow Bank and its respective successors, assigns, agents and servants from and against any and all liabilities, obligations, losses, damages, penalties, claims, actions, suits, costs, expenses and disbursements (including legal fees and disbursements) of whatsoever kind and nature which may be imposed on, incurred by, or asserted against, at any time, the Escrow Bank (whether or not also indemnified against by any other person under any other agreement or instrument) and in any way relating to or arising out of the execution and delivery of this Escrow Agreement, the establishment of the Escrow Fund, the retention of the moneys therein and any payment, transfer or other application of moneys by the Escrow Bank in accordance with the provisions of this Escrow Agreement, or as may arise by reason of any act, omission or error of the Escrow Bank made in good faith in the conduct of its duties; provided, however, that the Successor Agency shall not be required to indemnify the Escrow Bank against its own negligence or misconduct. The indemnities contained in this Section 8 shall survive the termination of this Escrow Agreement or the resignation or removal of the Escrow Bank. No provision of this Escrow Agreement shall require the Escrow Bank to expend or risk its own funds or otherwise incur any financial liability in the performance or exercise of any of its duties hereunder, or in the exercise of its rights or powers. The Escrow Bank may execute any of the rights or powers hereunder or perform any duties hereunder either directly or by or through agents, attorneys, custodians or nominees appointed with due care. The Escrow Bank shall furnish the Successor Agency periodic cash transaction statements which include detail for all investment transactions effected by the Escrow Bank with respect to the Escrow Fund. Upon the Successor Agency's election, such statements will be delivered via the Escrow Bank's online service and upon electing such service, paper statements will be provided only upon request. The Successor Agency further understands that trade confirmations for securities transactions effected by the Escrow Bank will be available upon request and at no additional cost and other trade confirmations may be obtained from the applicable broker. Section 9. Amendment. This Escrow Agreement may be modified or amended at any time by a supplemental agreement which shall become effective when the written consents of the owners of one hundred percent (100%) in aggregate principal amount of the 2007 Bonds shall have been filed with the Escrow Bank. This Escrow Agreement may be modified or amended at any time by a supplemental agreement, without the consent of any such owners, and then only (a) to add to the covenants and agreements of any party, other covenants to be observed, or to surrender any right or power herein or therein reserved to the Successor Agency and the Successor Agency, (b) to cure, correct or supplement any ambiguous or defective provision contained herein, (c) in regard to questions arising hereunder or thereunder, as the parties hereto or thereto may deem necessary or desirable and which, in the opinion of counsel, shall not materially adversely affect the interests of the owners of the 2007 Bonds or the 2017 Bonds, and that such amendment will not cause interest on the 2007 Bonds or the 2017 Bonds to become subject to federal income taxation. -5- Section 10. Severability. If any section, paragraph, sentence, clause or provision of this Escrow Agreement shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, sentence clause or provision shall not affect any of the remaining provisions of this Escrow Agreement. Section 11. Notice of Escrow Bank and Successor Agency. Any notice to or demand upon the Escrow Bank may be served and presented, and such demand may be made, at the Office (as defined in the Prior Indenture) as specified by the Escrow Bank as Prior Trustee in accordance with the provisions of the Prior Indenture. Any notice to or demand upon the Successor Agency shall be deemed to have been sufficiently given or served for all purposes by being mailed by first class mail, and deposited, postage prepaid, in a post office letter box, addressed to such party as provided for the "Agency" in the Prior Indenture (or such other address as may have been filed in writing by the Successor Agency or the Successor Agency with the Escrow Bank). Section 12. Merger or Consolidation of Escrow Bank. Any company into which the Escrow Bank may be merged or converted or with which it may be consolidated or any company resulting from any merger, conversion or consolidation to which it shall be a party or any company to which the Escrow Bank may sell or transfer all or substantially all of its corporate trust business, provided such company shall be eligible to act as trustee under the Prior Indenture, shall be the successor hereunder to the Escrow Bank without the execution or filing of any paper or any further act. Section 13. Execution in Several Counterparts. This Escrow Agreement may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original; and all such counterparts shall together constitute but one and the same instrument. Section 14. Governing Law. This Escrow Agreement shall be construed and governed in accordance with the laws of the State of California applicable to contracts made and performed in California. -6- IN WITNESS WHEREOF, the SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY has caused this Escrow Agreement to be signed in its name by its Executive Director, and U.S. BANK NATIONAL ASSOCIATION, in token of its acceptance of the escrow created hereunder, has caused this Escrow Agreement to be signed in its corporate name by its officer identified below, all as of the day and year first above written. 19139.01:114744/2007 SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY By: Aaron Adams, U.S. BANK NATIONAL ASSOCIATION, as Escrow Bank and Prior Trustee By: Authorized Officer S-1 EXHIBIT A PAYMENT SCHEDULE FOR THE 2007 BONDS Payment Called Date Principal Interest Total Payment December 15, 2017 $13,820,000.00 $ $ Exhibit A EXHIBIT B FORM OF NOTICE OF REDEMPTION NOTICE OF FULL/FINAL REDEMPTION OF Redevelopment Agency of the City of Temecula Temecula Redevelopment Project No. 1 2007 Tax Allocation Bonds (Subordinate Lien) Maturity Amount Redemption Interest CUSIP Date Called Price(1) Rate Number(2) December 15, 2017 $ 260,000 100% 4.800% 87970F DN6 December 15, 2018 270,000 100 4.850 87970F DP1 December 15, 2019 285,000 100 5.000 87970F DQ9 December 15, 2020 300,000 100 5.000 87970F DR7 December 15, 2021 310,000 100 5.000 87970F DS5 December 15, 2022 330,000 100 5.000 87970F DT3 December 15, 2023 350,000 100 5.125 87970F DX4 December 15, 2024 370,000 100 5.125 87970F DY2 December 15, 2025 380,000 100 5.250 87970F DZ9 December 15, 2029 1,750,000 100 5.375 87970F DUO December 15, 2038 5,615,000 100 5.500 87970F DV8 December 15, 2038 85,000 100 5.625 87970F December 15, 2038 3,515,000 100 5.625 87970F NOTICE is hereby given that the Successor Agency to the Temecula Redevelopment Agency (the "Successor Agency"), has called for redemption on December 15, 2017 (the "Redemption Date"), the Redevelopment Agency of the City of Temecula Temecula Redevelopment Project No. 1 2007 Tax Allocation Bonds (Subordinate Lien), described above (the "Bonds"), at a price equal to 100% of the principal amount thereof, plus accrued interest to the date fixed for redemption (the "Redemption Price"). On the Redemption Date, the Redemption Price will become due and payable upon each Bond and interest with respect thereto shall cease to accrue from and after the Redemption Date. Payment of principal will be made upon presentation on and after December 15, 2017, at the following address: U.S. Bank Global Corporate Trust Services 111 Fillmore Ave E St. Paul, MN 55107 Owners of Bonds presenting their certificates in person for the same day payment must surrender their certificate by 1:00 p.m. on the prepayment date and a check will be available for pickup after 2:00 p.m. Checks not picked up by 4:30 p.m. will be mailed to the Bondholder by first class mail. (1) (2) Accrued interest to be added. Neither the Successor Agency nor U.S. Bank National Association, as trustee, shall be held responsible for the selection or use of CUSIP numbers, nor is any representation made as to their correctness as shown in this Notice of Full/Final Redemption. They are included solely for convenience of the owners. Exhibit B Page 1 If payment of the Redemption Price is to be made to the registered owner of the Bond you are not required to endorse the Bond to collect the Redemption Price. Under applicable federal law, federal backup withholding tax will be withheld at the applicable backup withholding rate in effect at the time the payment is made if the Bondowner's tax identification number is not properly certified. The Form W-9 may be obtained from the Internal Revenue Service. Dated: , 2017 U.S. BANK NATIONAL ASSOCIATION, as Trustee Exhibit B Page 2 EXHIBIT C NOTICE OF DEFEASANCE Redevelopment Agency of the City of Temecula Temecula Redevelopment Project No. 1 2007 Tax Allocation Bonds (Subordinate Lien) Maturity Amount CUSIP Date Defeased Number* December 15, 2017 $ 260,000 87970F DN6 December 15, 2018 270,000 87970F DP1 December 15, 2019 285,000 87970F DQ9 December 15, 2020 300,000 87970F DR7 December 15, 2021 310,000 87970F DS5 December 15, 2022 330,000 87970F DT3 December 15, 2023 350,000 87970F DX4 December 15, 2024 370,000 87970F DY2 December 15, 2025 380,000 87970F DZ9 December 15, 2029 1,750,000 87970F DUO December 15, 2038 5,615,000 87970F DV8 December 15, 2038 85,000 87970F December 15, 2038 3,515,000 87970F NOTICE IS HEREBY GIVEN, on behalf of the Successor Agency to the Temecula Redevelopment Agency (the "Successor Agency"), to the owners of the outstanding Redevelopment Agency of the City of Temecula Temecula Redevelopment Project No. 1 2007 Tax Allocation Bonds (Subordinate Lien), described above (the "Bonds"), that pursuant to the indenture of trust, as amended, authorizing the issuance of the Bonds (the "Indenture"), the lien of the Indenture with respect to the Bonds has been discharged through the irrevocable deposit of cash and U.S. Treasury securities in an escrow fund (the "Escrow Fund"). The Escrow Fund has been established and is being maintained pursuant to that certain Escrow Agreement, dated as of 1, 2017, by and between the Successor Agency and U.S. Bank National Association, as escrow bank. As a result of such deposit, the Bonds are deemed to have been paid and defeased in accordance with the Indenture. The pledge of the funds provided for under the Indenture and all other obligations of the Successor Agency to the owners of the Bonds is now limited to the application of moneys in the Escrow Fund for the payment of the principal and interest on the Bonds as the same become due and payable as described below. The maturing U.S. Treasury securities, the interest thereon and the cash deposited in the Escrow Fund are calculated to provide sufficient moneys to redeem the Bonds in full on December 15, 2017, at a redemption price equal to 100% of the principal thereof plus accrued interest to such date. DATED this day of , 2017 U.S. BANK NATIONAL ASSOCIATION, as Escrow Bank * Neither the Successor Agency nor U.S. Bank National Association, as escrow bank, shall be held responsible for the selection or use of CUSIP numbers, nor is any representation made as to their correctness as shown in this Notice of Defeasance. They are included solely for convenience of the owners. Exhibit C EXHIBIT D SCHEDULE OF ESCROWED FEDERAL SECURITIES Type Maturity Coupon Principal Price U.S. Treasury Note , 2017 % $ $ Exhibit D Quint & Thimmig LLP 6/28/17 7/10/17 8/18/17 ESCROW AGREEMENT by and between the SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY and U.S. BANK NATIONAL ASSOCIATION, as Escrow Bank dated as of 1, 2017 relating to: Redevelopment Agency of the City of Temecula Temecula Redevelopment Project No. 1 Tax Allocation Housing Bonds, 2010 Series B (Taxable Build America Bonds) 19139.01:114745 /2010B ESCROW AGREEMENT This ESCROW AGREEMENT (the "Escrow Agreement") is made and entered into as of this 1st day of , 2017, by and between the SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY (the "Successor Agency"), and U.S. BANK NATIONAL ASSOCIATION, a national banking association organized and existing under the laws of the United States of America, with a corporate trust office in Los Angeles, California, and being qualified to accept and administer the escrow hereby created, as trustee with respect to the hereinafter described 2010B Bonds and 2017 Bonds and as escrow bank hereunder (the "Escrow Bank"). RECITALS: WHEREAS, the Redevelopment Agency of the City of Temecula (the "Former Agency") was a public body, corporate and politic, duly established and authorized to transact business and exercise powers under and pursuant to the provisions of the Community Redevelopment Law of the State of California, constituting Part 1 of Division 24 of the California Health and Safety Code (the "Law"), including the power to issue bonds for any of its corporate purposes; WHEREAS, the Former Agency has previously issued its Redevelopment Agency of the City of Temecula Temecula Redevelopment Project No. 1 Tax Allocation Housing Bonds, 2010 Series B (Taxable Build America Bonds) (the "2010B Bonds"); WHEREAS, the 2010B Bonds were issued pursuant to an indenture of trust, dated as of March 1, 2010 (the "Prior Indenture"), by and between the Former Agency and U.S. Bank National Association, as trustee (the "Prior Trustee"); WHEREAS, Section 2.03(a)(ii) of the Prior Indenture allows for the optional redemption of the outstanding 2010B Bonds; WHEREAS, the Successor Agency has determined that, due to prevailing financial market conditions, it is in the best interests of the Successor Agency at this time to provide for (a) the payment of the scheduled debt service on the 2010B Bonds to and including August 1, 2020, and (b) the redemption of the outstanding 2010B Bonds that mature on and after August 1, 2021 on August 1, 2020 (the "Redemption Date") at a redemption price equal to 100% of the principal amount thereof, plus accrued interest to such date (the "Redemption Price"); WHEREAS, to raise funds necessary to effectuate such payment and refunding, and for other purposes, the Successor Agency has issued its Successor Agency to the Temecula Redevelopment Agency Taxable Tax Allocation Refunding Bonds, Series 2017B (the "2017 Bonds"), pursuant to an Indenture of Trust, dated as of 1, 2017 (the "2017 Indenture"), by and between the Successor Agency and U.S. Bank National Association, as trustee for the 2017 Bonds (the "2017 Trustee"); WHEREAS, the Successor Agency wishes to make a deposit with the Escrow Bank and to enter into this Escrow Agreement for the purpose of providing the terms and conditions for the deposit and application of amounts so deposited; and WHEREAS, the Escrow Bank has full powers to act with respect to the escrow created hereby and to perform the duties and obligations to be undertaken by it pursuant to this Escrow Agreement. -1- AGREEMENT: NOW, THEREFORE, in consideration of the above premises and of the mutual promises and covenants herein contained, and for other valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties hereto do hereby agree as follows: Section 1. Appointment of Escrow Bank. The Successor Agency hereby appoints the Escrow Bank as escrow bank for all purposes of this Escrow Agreement and in accordance with the terms and provisions of this Escrow Agreement, and the Escrow Bank hereby accepts such appointment. Section 2. Establishment of Escrow Fund. There is hereby created by the Successor Agency with, and to be held by, the Escrow Bank, as security for the payment of the debt service on the 2010B Bonds to and including August 1, 2020, and the redemption of the 2010B Bonds on the Redemption Date that mature on and after August 1, 2021, as hereinafter set forth, an irrevocable escrow to be maintained by the Escrow Bank on behalf of the Successor Agency and for the benefit of the owners of the 2010B Bonds, said escrow to be designated the Escrow Fund (the "Escrow Fund"). All securities, investments and moneys in the Escrow Fund and the proceeds thereof are hereby irrevocably pledged for the benefit of the owners, from time to time, of the 2010B Bonds to secure the payment of the debt service on the 2010B Bonds to and including August 1, 2020 and the Redemption Price of the 2010B Bonds maturing on and after August 1, 2021 due on the Redemption Date. In furtherance of the foregoing, all moneys deposited in the Escrow Fund shall constitute a special fund for the payment of the debt service on the 2010B Bonds and the redemption of the 2010B Bonds maturing on and after August 1, 2021 in accordance with the provisions of the Prior Indenture and this Escrow Agreement. If at any time the Escrow Bank shall receive actual knowledge that the moneys in the Escrow Fund will not be sufficient to make any payment required by Section 4 hereof, the Escrow Bank shall notify the Successor Agency of such fact and the Successor Agency shall immediately cure such deficiency with any legally available funds. Section 3. Deposit into Escrow Fund. (a) Concurrent with delivery of the 2017 Bonds, the Successor Agency shall cause to be transferred to the Escrow Bank for deposit into the Escrow Fund the amount of $ , derived as follows: (i) from the proceeds of the 2017 Bonds, $ (ii) from amounts in the Reserve Account established under the Prior Indenture, $ ; and (iii) from amounts held by the Successor Agency, $ (b) The Escrow Bank shall invest $ of the moneys deposited into the Escrow Fund pursuant to the preceding paragraph in the Federal Securities (as defined in the Prior Indenture) described in Exhibit C attached hereto (the "Escrowed Federal Securities"), and shall hold the remaining $ in cash, uninvested. The Escrowed Federal Securities shall be deposited with and held by the Escrow Bank in the Escrow Fund solely for the uses and purposes set forth herein. (c) The Escrow Bank may rely upon the conclusion of Grant Thornton LLP, as contained in its opinion and accompanying schedules (the "Report") dated , 2017, that the Escrowed Federal Securities mature and bear interest payable in such amounts and at such -2- times as, together with cash on deposit in the Escrow Fund, will be sufficient to provide for the payment of the debt service on the 2010B Bonds to and including August 1, 2020, and the redemption of the outstanding 2010B Bonds maturing on and after August 1, 2021 on the Redemption Date at the Redemption Price. (d) The Escrow Bank shall not be liable or responsible for any loss resulting from its full compliance with the provisions of this Escrow Agreement. (e) The Successor Agency acknowledges that to the extent regulations of the Comptroller of the Currency or other applicable regulatory entity grant the Successor Agency the right to receive brokerage confirmations of security transactions as they occur, the Successor Agency specifically waives receipt of such confirmations to the extent permitted by law. The Escrow Bank will furnish the Successor Agency periodic transaction statements which include detail for all investment transactions made by the Escrow Bank hereunder; provided that the Escrow Bank is not obligated to provide an accounting for any fund or account that (i) has a balance of $0.00 and (ii) has not had any activity since the last reporting date. Section 4. Instructions as to Application of Deposit; Defeasance Notice; Redemption Notice. (a) The amounts deposited in the Escrow Fund pursuant to Section 3 shall be applied by the Escrow Bank for the sole purposes of paying the debt service on the 2010B Bonds to and including August 1, 2020, and of redeeming the 2010B Bonds maturing on and after August 1 2021 on the Redemption Date at the Redemption Price, all as shown on Exhibit A attached hereto. To that end, the Escrow Bank is hereby directed to remit to the owners of the 2010B Bonds the scheduled debt service thereon to and including August 1, 2020, and, on August 1, 2020, the Redemption Price of the 2010B Bonds, all as set forth in Exhibit A. (b) Following the redemption of such 2010B Bonds, the Escrow Bank shall transfer any moneys remaining in the Escrow Fund to the Successor Agency for deposit in the Redevelopment Obligation Retirement Fund referenced in the 2017 Indenture. (c) The Escrow Bank is hereby requested, and the Escrow Bank hereby agrees, to promptly give notice of the defeasance of the 2010B Bonds in the form of defeasance notice attached hereto as Exhibit D. (d) The Successor Agency hereby directs the Escrow Bank, as Prior Trustee to provide, and the Escrow Bank, as Prior Trustee, hereby agrees to provide, notice of notice of redemption of the 2010B Bonds maturing on and after August 1, 2021 on the Redemption Date at the Redemption Price in accordance with the applicable provisions of the Prior Indenture and in the form of the redemption notice attached hereto as Exhibit B. Section 5. Application of Certain Prior Funds. The Escrow Bank, as Prior Trustee, is hereby directed by the Successor Agency to transfer from the Reserve Account established under the Prior Indenture, on the date of issuance of the 2017 Bonds, $ to the Escrow Fund. Section 6. Application of Certain Terms of Prior Indenture. (a) All of the terms of the Prior Indenture relating to the making of payments of principal and interest with respect to the 2010B Bonds are incorporated in this Escrow Agreement as if set forth in full herein. -3- (b) The provisions of the 2017 Indenture relating to the limitations from liability and protections afforded to the 2017 Trustee and the resignation and removal of the 2017 Trustee are also incorporated in this Escrow Agreement as if set forth in full herein and shall be the procedure to be followed with respect to any resignation or removal of the Escrow Bank hereunder. Section 7. Compensation to Escrow Bank. The Successor Agency shall pay the Escrow Bank full compensation for its duties under this Escrow Agreement, including out-of-pocket costs such as publication costs, prepayment or redemption expenses, legal fees and other costs and expenses relating hereto. Under no circumstances shall amounts deposited in the Escrow Fund be deemed to be available for said purposes. Section 8. Liabilities and Obligations of Escrow Bank. The Escrow Bank shall have no obligation to make any payment or disbursement of any type or incur any financial liability in the performance of its duties under this Escrow Agreement unless the Successor Agency shall have deposited sufficient funds with the Escrow Bank. The Escrow Bank may rely and shall be protected in acting upon the written instructions of the Successor Agency or its agents relating to any matter or action as Escrow Bank under this Escrow Agreement. The Escrow Bank and its respective successors, assigns, agents and servants shall not be held to any personal liability whatsoever, in tort, contract, or otherwise, in connection with the execution and delivery of this Escrow Agreement, the establishment of the Escrow Fund, the acceptance of the moneys deposited therein, the sufficiency of the moneys held hereunder to accomplish the purposes set forth in Section 4 hereof, or any payment, transfer or other application of moneys by the Escrow Bank in accordance with the provisions of this Escrow Agreement or by reason of any non -negligent act, non -negligent omission or non -negligent error of the Escrow Bank made in good faith in the conduct of its duties. The recitals of fact contained in the "whereas" clauses herein shall be taken as the statement of the Successor Agency, and the Escrow Bank assumes no responsibility for the correctness thereof. The Escrow Bank makes no representations as to the sufficiency of the Escrowed Federal Securities and the uninvested moneys to accomplish the purposes set forth in Section 4 hereof or to the validity of this Escrow Agreement as to the Successor Agency and, except as otherwise provided herein, the Escrow Bank shall incur no liability in respect thereof. The Escrow Bank shall not be liable in connection with the performance of its duties under this Escrow Agreement except for its own negligence, willful misconduct or default, and the duties and obligations of the Escrow Bank shall be determined by the express provisions of this Escrow Agreement. The Escrow Bank may consult with counsel, who may or may not be counsel to the Successor Agency, and in reliance upon the written opinion of such counsel shall have full and complete authorization and protection in respect of any action taken, suffered or omitted by it in good faith in accordance therewith. Whenever the Escrow Bank shall deem it necessary or desirable that a matter be proved or established prior to taking, suffering, or omitting any action under this Escrow Agreement, such matter (except the matters set forth herein as specifically requiring a certificate of a nationally recognized firm of independent certified public accountants or an opinion of counsel) may be deemed to be conclusively established by a written certification of the Successor Agency. Anything in this Escrow Agreement to the contrary notwithstanding, in no event shall the Escrow Bank be liable for special, indirect, punitive or consequential loss or damage of any kind whatsoever (including but not limited to lost profits), even if the Escrow Bank has been advised of the likelihood of such loss or damage and regardless of the form of action. The Escrow Bank agrees to accept and act upon instructions or directions pursuant to this Escrow Agreement sent by unsecured e-mail, facsimile transmission or other similar -4- unsecured electronic methods, provided, however, that, the Escrow Bank shall have received an incumbency certificate listing persons designated to give such instructions or directions and containing specimen signatures of such designated persons, which such incumbency certificate shall be amended and replaced whenever a person is to be added or deleted from the listing. If the Successor Agency elects to give the Escrow Bank e-mail or facsimile instructions (or instructions by a similar electronic method) and the Escrow Bank in its discretion elects to act upon such instructions, the Escrow Bank's understanding of such instructions shall be deemed controlling. The Escrow Bank shall not be liable for any losses, costs or expenses arising directly or indirectly from the Escrow Bank's reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Successor Agency agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Escrow Bank, including without limitation the risk of the Escrow Bank acting on unauthorized instructions, and the risk of interception and misuse by third parties. The Successor Agency hereby assumes liability for, and hereby agrees (whether or not any of the transactions contemplated hereby are consummated), to the extent permitted by law, to indemnify, protect, save and hold harmless the Escrow Bank and its respective successors, assigns, agents and servants from and against any and all liabilities, obligations, losses, damages, penalties, claims, actions, suits, costs, expenses and disbursements (including legal fees and disbursements) of whatsoever kind and nature which may be imposed on, incurred by, or asserted against, at any time, the Escrow Bank (whether or not also indemnified against by any other person under any other agreement or instrument) and in any way relating to or arising out of the execution and delivery of this Escrow Agreement, the establishment of the Escrow Fund, the retention of the moneys therein and any payment, transfer or other application of moneys by the Escrow Bank in accordance with the provisions of this Escrow Agreement, or as may arise by reason of any act, omission or error of the Escrow Bank made in good faith in the conduct of its duties; provided, however, that the Successor Agency shall not be required to indemnify the Escrow Bank against its own negligence or misconduct. The indemnities contained in this Section 8 shall survive the termination of this Escrow Agreement or the resignation or removal of the Escrow Bank. No provision of this Escrow Agreement shall require the Escrow Bank to expend or risk its own funds or otherwise incur any financial liability in the performance or exercise of any of its duties hereunder, or in the exercise of its rights or powers. The Escrow Bank may execute any of the rights or powers hereunder or perform any duties hereunder either directly or by or through agents, attorneys, custodians or nominees appointed with due care. The Escrow Bank shall furnish the Successor Agency periodic cash transaction statements which include detail for all investment transactions effected by the Escrow Bank with respect to the Escrow Fund. Upon the Successor Agency's election, such statements will be delivered via the Escrow Bank's online service and upon electing such service, paper statements will be provided only upon request. The Successor Agency further understands that trade confirmations for securities transactions effected by the Escrow Bank will be available upon request and at no additional cost and other trade confirmations may be obtained from the applicable broker. Section 9. Amendment. This Escrow Agreement may be modified or amended at any time by a supplemental agreement, without the consent of any owners of the 2010B Bonds, only (a) to add to the covenants and agreements of any party, other covenants to be observed, or to surrender any right or power herein or therein reserved to the Successor Agency and the -5- Successor Agency, (b) to cure, correct or supplement any ambiguous or defective provision contained herein, (c) in regard to questions arising hereunder or thereunder, as the parties hereto or thereto may deem necessary or desirable and which, in the opinion of counsel, shall not materially adversely affect the interests of the owners of the 2010B Bonds or the 2017 Bonds, and that such amendment will not cause interest on the 2010B Bonds to become subject to federal income taxation. Section 10. Severability. If any section, paragraph, sentence, clause or provision of this Escrow Agreement shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, sentence clause or provision shall not affect any of the remaining provisions of this Escrow Agreement. Section 11. Notice of Escrow Bank and Successor Agency. Any notice to or demand upon the Escrow Bank may be served and presented, and such demand may be made, at the Principal Corporate Trust Office (as defined in the 2017 Indenture) as specified by the Escrow Bank as 2017 Trustee in accordance with the provisions of the 2017 Indenture. Any notice to or demand upon the Successor Agency shall be deemed to have been sufficiently given or served for all purposes by being mailed by first class mail, and deposited, postage prepaid, in a post office letter box, addressed to such party as provided for in the 2017 Indenture (or such other address as may have been filed in writing by the Successor Agency or the Successor Agency with the Escrow Bank). Section 12. Merger or Consolidation of Escrow Bank. Any company into which the Escrow Bank may be merged or converted or with which it may be consolidated or any company resulting from any merger, conversion or consolidation to which it shall be a party or any company to which the Escrow Bank may sell or transfer all or substantially all of its corporate trust business, provided such company shall be eligible to act as trustee under the Prior Indenture, shall be the successor hereunder to the Escrow Bank without the execution or filing of any paper or any further act. Section 13. Execution in Several Counterparts. This Escrow Agreement may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original; and all such counterparts shall together constitute but one and the same instrument. Section 14. Governing Law. This Escrow Agreement shall be construed and governed in accordance with the laws of the State of California applicable to contracts made and performed in California. -6- IN WITNESS WHEREOF, the SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY has caused this Escrow Agreement to be signed in its name by its Executive Director, and U.S. BANK NATIONAL ASSOCIATION, in token of its acceptance of the escrow created hereunder, has caused this Escrow Agreement to be signed in its corporate name by its officer identified below, all as of the day and year first above written. 19139.01:114745/2010B SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY By: Aaron Adams, Executive Director U.S. BANK NATIONAL ASSOCIATION, as Escrow Bank and Prior Trustee By: Authorized Officer S-1 Payment Date February 1, 2018 August 1 , 2018 February 1, 2019 August 1 , 2019 February 1, 2020 August 1 , 2020 EXHIBIT A PAYMENT SCHEDULE FOR THE 2010B BONDS Principal Called Principal $10,875,000 Exhibit A Interest Total Payment EXHIBIT B FORM OF NOTICE OF REDEMPTION NOTICE OF FULL/FINAL REDEMPTION OF Redevelopment Agency of the City of Temecula Temecula Redevelopment Project No. 1 Tax Allocation Housing Bonds, 2010 Series B (Taxable Build America Bonds) Maturity Amount Redemption Interest CUSIP Date Called Price(1) Rate Number(2) August 1, 2021 $ 355,000 100% 7.088% 87970F EL9 August 1, 2022 370,000 100 7.288 87970F EM7 August 1, 2023 390,000 100 7.488 87970F EN5 August 1, 2024 410,000 100 7.588 87970F EPO August 1, 2025 425,000 100 7.688 87970F EQ8 August 1, 2030 2,485,000 100 7.930 87970F ER6 August 1, 2039 6,440,000 100 8.180 87970F ES4 NOTICE is hereby given that the Successor Agency to the Temecula Redevelopment Agency (the "Successor Agency"), has called for redemption on August 1, 2020 (the "Redemption Date"), the Redevelopment Agency of the City of Temecula Temecula Redevelopment Project No. 1 Tax Allocation Housing Bonds, 2010 Series B (Taxable Build America Bonds), described above (the "Bonds"), at a price equal to 100% of the principal amount thereof, plus accrued interest to the date fixed for redemption (the "Redemption Price"). On the Redemption Date, the Redemption Price will become due and payable upon each Bond and interest with respect thereto shall cease to accrue from and after the Redemption Date. Payment of principal will be made upon presentation on and after August 1, 2020, at the following address: U.S. Bank Global Corporate Trust Services 111 Fillmore Ave E St. Paul, MN 55107 Owners of Bonds presenting their certificates in person for the same day payment must surrender their certificate by 1:00 p.m. on the prepayment date and a check will be available for pickup after 2:00 p.m. Checks not picked up by 4:30 p.m. will be mailed to the Bondholder by first class mail. If payment of the Redemption Price is to be made to the registered owner of the Bond you are not required to endorse the Bond to collect the Redemption Price. (1) (2) Accrued interest to be added. Neither the Successor Agency nor U.S. Bank National Association, as trustee, shall be held responsible for the selection or use of CUSIP numbers, nor is any representation made as to their correctness as shown in this Notice of Full/Final Redemption. They are included solely for convenience of the owners. Exhibit B Page 1 Under the Economic Growth and Tax Relief Reconciliation Act of 2001 (the "Act") 28% of the Redemption Price will be withheld if tax identification number is not properly certified. The Form W-9 may be obtained from the Internal Revenue Service. Dated: , 2020 U.S. BANK NATIONAL ASSOCIATION, as Trustee Exhibit B Page 2 EXHIBIT C SCHEDULE OF ESCROWED FEDERAL SECURITIES Type Maturity Coupon Principal Price Exhibit C EXHIBIT D NOTICE OF DEFEASANCE Redevelopment Agency of the City of Temecula Temecula Redevelopment Project No. 1 Tax Allocation Housing Bonds, 2010 Series B (Taxable Build America Bonds) Maturity Amount CUSIP Date Defeased Number* August 1, 2018 $ 310,000 87970F EH8 August 1, 2019 325,000 87970F EJ4 August 1, 2020 340,000 87970F EK1 August 1, 2021 355,000 87970F EL9 August 1, 2022 370,000 87970F EM7 August 1, 2023 390,000 87970F EN5 August 1, 2024 410,000 87970F EPO August 1, 2025 425,000 87970F EQ8 August 1, 2030 2,485,000 87970F ER6 August 1, 2039 6,440,000 87970F ES4 NOTICE IS HEREBY GIVEN, on behalf of the Successor Agency to the Temecula Redevelopment Agency (the "Successor Agency"), to the owners of the outstanding Redevelopment Agency of the City of Temecula Temecula Redevelopment Project No. 1 Tax Allocation Housing Bonds, 2010 Series B (Taxable Build America Bonds), described above (the "Bonds"), that pursuant to the indenture of trust, as amended, authorizing the issuance of the Bonds (the "Indenture"), the lien of the Indenture with respect to the Bonds has been discharged through the irrevocable deposit of cash and U.S. Treasury securities in an escrow fund (the "Escrow Fund"). The Escrow Fund has been established and is being maintained pursuant to that certain Escrow Agreement, dated as of 1, 2017, by and between the Successor Agency and U.S. Bank National Association, as escrow bank. As a result of such deposit, the Bonds are deemed to have been paid and defeased in accordance with the Indenture. The pledge of the funds provided for under the Indenture and all other obligations of the Successor Agency to the owners of the Bonds is now limited to the application of moneys in the Escrow Fund for the payment of the principal and interest on the Bonds as the same become due and payable as described below. The maturing U.S. Treasury securities, the interest thereon and the cash deposited in the Escrow Fund are calculated to provide sufficient moneys to pay the debt service on the Bonds to and including August 1, 2020, and to redeem the Bonds maturing on and after August 1, 2021 in full on August 1, 2020, at a redemption price equal to 100% of the principal thereof plus accrued interest to such date. DATED this day of , 2017 U.S. BANK NATIONAL ASSOCIATION, as Escrow Bank * Neither the Successor Agency nor U.S. Bank National Association, as escrow bank, shall be held responsible for the selection or use of CUSIP numbers, nor is any representation made as to their correctness as shown in this Notice of Defeasance. They are included solely for convenience of the owners. Exhibit D Quint & Thimmig LLP 6/28/17 7/10/17 8/18/17 ESCROW AGREEMENT by and between the SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY and U.S. BANK NATIONAL ASSOCIATION, as Escrow Bank dated as of 1, 2017 relating to: Redevelopment Agency of the City of Temecula Temecula Redevelopment Project No. 1 Tax Allocation Housing Bonds, 2011 Series A 19139.01:114746 / 2011A ESCROW AGREEMENT This ESCROW AGREEMENT (the "Escrow Agreement") is made and entered into as of this 1st day of , 2017, by and between the SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY (the "Successor Agency"), and U.S. BANK NATIONAL ASSOCIATION, a national banking association organized and existing under the laws of the United States of America, with a corporate trust office in Los Angeles, California, and being qualified to accept and administer the escrow hereby created, as trustee with respect to the hereinafter described 2011A Bonds and as escrow bank hereunder (the "Escrow Bank"). RECITALS: WHEREAS, the Redevelopment Agency of the City of Temecula (the "Former Agency") was a public body, corporate and politic, duly established and authorized to transact business and exercise powers under and pursuant to the provisions of the Community Redevelopment Law of the State of California, constituting Part 1 of Division 24 of the California Health and Safety Code (the "Law"), including the power to issue bonds for any of its corporate purposes; WHEREAS, the Former Agency has previously issued its Redevelopment Agency of the City of Temecula Temecula Redevelopment Project No. 1 Tax Allocation Housing Bonds, 2011 Series A (the "2011A Bonds"); WHEREAS, the 2011A Bonds were issued pursuant to an indenture of trust, dated as of March 1, 2010, as amended and supplemented by a First Supplemental Indenture of Trust, dated as of March 1, 2011 (collectively, the "Prior Indenture"), each by and between the Former Agency and U.S. Bank National Association, as trustee (the "Prior Trustee"); WHEREAS, Sections 9.03 and 10.04(a) of the Prior Indenture allow for the defeasance and optional redemption, respectively, of the outstanding 2011A Bonds; WHEREAS, the Successor Agency has determined that, due to prevailing financial market conditions, it is in the best interests of the Successor Agency at this time to provide for (a) the defeasance of the 2011A Bonds, (b) the payment of the debt service on the 2011A Bonds to and including August 1, 2021, and (c) the redemption of the outstanding 2011A Bonds maturing on and after August 1, 2022 on August 1, 2021 (the "Redemption Date") at a redemption price equal to 100% of the principal amount thereof, plus accrued interest to such date (the "Redemption Price"); WHEREAS, to raise funds necessary to effectuate such defeasance, payment and redemption, and for other purposes, the Successor Agency has issued its Successor Agency to the Temecula Redevelopment Agency Taxable Tax Allocation Refunding Bonds, Series 2017B (the "2017 Bonds"), pursuant to an Indenture of Trust, dated as of 1, 2017 (the "2017 Indenture"), by and between the Successor Agency and U.S. Bank National Association, as trustee for the 2017 Bonds (the "2017 Trustee"); WHEREAS, the Successor Agency wishes to make a deposit with the Escrow Bank and to enter into this Escrow Agreement for the purpose of providing the terms and conditions for the deposit and application of amounts so deposited; and WHEREAS, the Escrow Bank has full powers to act with respect to the escrow created hereby and to perform the duties and obligations to be undertaken by it pursuant to this Escrow Agreement. -1- AGREEMENT: NOW, THEREFORE, in consideration of the above premises and of the mutual promises and covenants herein contained, and for other valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties hereto do hereby agree as follows: Section 1. Appointment of Escrow Bank. The Successor Agency hereby appoints the Escrow Bank as escrow bank for all purposes of this Escrow Agreement and in accordance with the terms and provisions of this Escrow Agreement, and the Escrow Bank hereby accepts such appointment. Section 2. Establishment of Escrow Fund. There is hereby created by the Successor Agency with, and to be held by, the Escrow Bank, as security for the defeasance and redemption of the 2011A Bonds, as hereinafter set forth, an irrevocable escrow to be maintained by the Escrow Bank on behalf of the Successor Agency and for the benefit of the owners of the 2011A Bonds, said escrow to be designated the 2011A Bonds Escrow Fund (the "Escrow Fund"). All securities, investments and moneys in the Escrow Fund and the proceeds thereof are hereby irrevocably pledged for the benefit of the owners, from time to time, of the 2011A Bonds, to secure the payment of the Redemption Price of the 2011A Bonds due on the Redemption Date. In furtherance of the foregoing, all moneys deposited in the Escrow Fund shall constitute a special fund for the defeasance, payment and redemption of the 2011A Bonds in accordance with the provisions of the Prior Indenture and this Escrow Agreement. If at any time the Escrow Bank shall receive actual knowledge that the moneys in the Escrow Fund will not be sufficient to make any payment required by Section 4 hereof, the Escrow Bank shall notify the Successor Agency of such fact and the Successor Agency shall immediately cure such deficiency with any legally available funds. Section 3. Deposit into Escrow Fund. (a) Concurrent with delivery of the 2017 Bonds, the Successor Agency shall cause to be transferred to the Escrow Bank for deposit into the Escrow Fund the amount of $ , derived as follows: (i) from the proceeds of the 2017 Bonds, $ (ii) from amounts in the Reserve Account established under the Prior Indenture, $ ; and (iii) from amounts held by the Successor Agency, $ (b) The Escrow Bank shall invest $ of the moneys deposited into the Escrow Fund pursuant to the preceding paragraph in the Defeasance Securities (as defined in the Prior Indenture) described in Exhibit D attached hereto (the "Escrowed Federal Securities"), and shall hold the remaining $ in cash, uninvested. The Escrowed Federal Securities shall be deposited with and held by the Escrow Bank in the Escrow Fund solely for the uses and purposes set forth herein. (c) The Escrow Bank may rely upon the conclusion of Grant Thornton LLP, as contained in its opinion and accompanying schedules (the "Report") dated , 2017, that the Escrowed Federal Securities mature and bear interest payable in such amounts and at such times as, together with cash on deposit in the Escrow Fund, will be sufficient to provide for the payment of the debt service on the 2011A Bonds to and including August 1, 2021, and the -2- redemption of the 2011A Bonds maturing on and after August 1, 2022 on the Redemption Date at the Redemption Price. (d) The Escrow Bank shall not be liable or responsible for any loss resulting from its full compliance with the provisions of this Escrow Agreement. (e) The Successor Agency acknowledges that to the extent regulations of the Comptroller of the Currency or other applicable regulatory entity grant the Successor Agency the right to receive brokerage confirmations of security transactions as they occur, the Successor Agency specifically waives receipt of such confirmations to the extent permitted by law. The Escrow Bank will furnish the Successor Agency periodic transaction statements which include detail for all investment transactions made by the Escrow Bank hereunder; provided that the Escrow Bank is not obligated to provide an accounting for any fund or account that (i) has a balance of $0.00 and (ii) has not had any activity since the last reporting date. Section 4. Instructions as to Application of Deposit; Defeasance Notice; Redemption Notice. (a) The amounts deposited in the Escrow Fund pursuant to Section 3 shall be applied by the Escrow Bank for the sole purposes of redeeming the 2011A Bonds on the Redemption Date at the Redemption Price, all as shown on Exhibit A attached hereto. Following the redemption of the 2011A Bonds, the Escrow Bank shall transfer any moneys remaining in the Escrow Fund to the Successor Agency for deposit in the Redevelopment Obligation Retirement Fund referenced in the 2017 Indenture. (b) The Successor Agency hereby directs the Escrow Bank, as Prior Trustee to provide, and the Escrow Bank, as Prior Trustee, hereby agrees to provide, notice of redemption of the 2011A Bonds on the Redemption Date at the Redemption Price in accordance with the applicable provisions of the Prior Indenture and in the form of the redemption notice attached hereto as Exhibit B. (c) The Escrow Bank is hereby requested, and the Escrow Bank hereby agrees, to promptly give notice of the defeasance of the 2011A Bonds in the form of defeasance notice attached hereto as Exhibit C. Section 5. Application of Certain Prior Funds. The Escrow Bank, as Prior Trustee, is hereby directed by the Successor Agency to transfer from the Reserve Account established under the Prior Indenture, on the date of issuance of the 2017 Bonds, $ to the Escrow Fund. Section 6. Application of Certain Terms of Prior Indenture. All of the terms of the Prior Indenture relating to the making of payments of principal and interest with respect to the 2011A Bonds are incorporated in this Escrow Agreement as if set forth in full herein. The provisions of the Prior Indenture relating to the limitations from liability and protections afforded to the Prior Trustee and the resignation and removal of the Prior Trustee are also incorporated in this Escrow Agreement as if set forth in full herein and shall be the procedure to be followed with respect to any resignation or removal of the Escrow Bank hereunder. Section 7. Compensation to Escrow Bank. The Successor Agency shall pay the Escrow Bank full compensation for its duties under this Escrow Agreement, including out-of-pocket costs such as publication costs, prepayment or redemption expenses, legal fees and other costs and expenses relating hereto. Under no circumstances shall amounts deposited in the Escrow Fund be deemed to be available for said purposes. -3- Section 8. Liabilities and Obligations of Escrow Bank. The Escrow Bank shall have no obligation to make any payment or disbursement of any type or incur any financial liability in the performance of its duties under this Escrow Agreement unless the Successor Agency shall have deposited sufficient funds with the Escrow Bank. The Escrow Bank may rely and shall be protected in acting upon the written instructions of the Successor Agency or its agents relating to any matter or action as Escrow Bank under this Escrow Agreement. The Escrow Bank and its respective successors, assigns, agents and servants shall not be held to any personal liability whatsoever, in tort, contract, or otherwise, in connection with the execution and delivery of this Escrow Agreement, the establishment of the Escrow Fund, the acceptance of the moneys deposited therein, the sufficiency of the moneys held hereunder to accomplish the purposes set forth in Section 4 hereof, or any payment, transfer or other application of moneys by the Escrow Bank in accordance with the provisions of this Escrow Agreement or by reason of any non -negligent act, non -negligent omission or non -negligent error of the Escrow Bank made in good faith in the conduct of its duties. The recitals of fact contained in the "whereas" clauses herein shall be taken as the statement of the Successor Agency, and the Escrow Bank assumes no responsibility for the correctness thereof. The Escrow Bank makes no representations as to the sufficiency of the Escrowed Federal Securities and the uninvested moneys to accomplish the purposes set forth in Section 4 hereof or to the validity of this Escrow Agreement as to the Successor Agency and, except as otherwise provided herein, the Escrow Bank shall incur no liability in respect thereof. The Escrow Bank shall not be liable in connection with the performance of its duties under this Escrow Agreement except for its own negligence, willful misconduct or default, and the duties and obligations of the Escrow Bank shall be determined by the express provisions of this Escrow Agreement. The Escrow Bank may consult with counsel, who may or may not be counsel to the Successor Agency, and in reliance upon the written opinion of such counsel shall have full and complete authorization and protection in respect of any action taken, suffered or omitted by it in good faith in accordance therewith. Whenever the Escrow Bank shall deem it necessary or desirable that a matter be proved or established prior to taking, suffering, or omitting any action under this Escrow Agreement, such matter (except the matters set forth herein as specifically requiring a certificate of a nationally recognized firm of independent certified public accountants or an opinion of counsel) may be deemed to be conclusively established by a written certification of the Successor Agency. Anything in this Escrow Agreement to the contrary notwithstanding, in no event shall the Escrow Bank be liable for special, indirect, punitive or consequential loss or damage of any kind whatsoever (including but not limited to lost profits), even if the Escrow Bank has been advised of the likelihood of such loss or damage and regardless of the form of action. The Escrow Bank agrees to accept and act upon instructions or directions pursuant to this Escrow Agreement sent by unsecured e-mail, facsimile transmission or other similar unsecured electronic methods, provided, however, that, the Escrow Bank shall have received an incumbency certificate listing persons designated to give such instructions or directions and containing specimen signatures of such designated persons, which such incumbency certificate shall be amended and replaced whenever a person is to be added or deleted from the listing. If the Successor Agency elects to give the Escrow Bank e-mail or facsimile instructions (or instructions by a similar electronic method) and the Escrow Bank in its discretion elects to act upon such instructions, the Escrow Bank's understanding of such instructions shall be deemed controlling. The Escrow Bank shall not be liable for any losses, costs or expenses arising directly or indirectly from the Escrow Bank's reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Successor Agency agrees to assume all risks arising out of the use of such -4- electronic methods to submit instructions and directions to the Escrow Bank, including without limitation the risk of the Escrow Bank acting on unauthorized instructions, and the risk of interception and misuse by third parties. The Successor Agency hereby assumes liability for, and hereby agrees (whether or not any of the transactions contemplated hereby are consummated), to the extent permitted by law, to indemnify, protect, save and hold harmless the Escrow Bank and its respective successors, assigns, agents and servants from and against any and all liabilities, obligations, losses, damages, penalties, claims, actions, suits, costs, expenses and disbursements (including legal fees and disbursements) of whatsoever kind and nature which may be imposed on, incurred by, or asserted against, at any time, the Escrow Bank (whether or not also indemnified against by any other person under any other agreement or instrument) and in any way relating to or arising out of the execution and delivery of this Escrow Agreement, the establishment of the Escrow Fund, the retention of the moneys therein and any payment, transfer or other application of moneys by the Escrow Bank in accordance with the provisions of this Escrow Agreement, or as may arise by reason of any act, omission or error of the Escrow Bank made in good faith in the conduct of its duties; provided, however, that the Successor Agency shall not be required to indemnify the Escrow Bank against its own negligence or misconduct. The indemnities contained in this Section 8 shall survive the termination of this Escrow Agreement or the resignation or removal of the Escrow Bank. No provision of this Escrow Agreement shall require the Escrow Bank to expend or risk its own funds or otherwise incur any financial liability in the performance or exercise of any of its duties hereunder, or in the exercise of its rights or powers. The Escrow Bank may execute any of the rights or powers hereunder or perform any duties hereunder either directly or by or through agents, attorneys, custodians or nominees appointed with due care. The Escrow Bank shall furnish the Successor Agency periodic cash transaction statements which include detail for all investment transactions effected by the Escrow Bank with respect to the Escrow Fund. Upon the Successor Agency's election, such statements will be delivered via the Escrow Bank's online service and upon electing such service, paper statements will be provided only upon request. The Successor Agency further understands that trade confirmations for securities transactions effected by the Escrow Bank will be available upon request and at no additional cost and other trade confirmations may be obtained from the applicable broker. Section 9. Amendment. This Escrow Agreement may be modified or amended at any time by a supplemental agreement which shall become effective when the written consents of the owners of one hundred percent (100%) in aggregate principal amount of the 2011A Bonds shall have been filed with the Escrow Bank. This Escrow Agreement may be modified or amended at any time by a supplemental agreement, without the consent of any such owners, and then only (a) to add to the covenants and agreements of any party, other covenants to be observed, or to surrender any right or power herein or therein reserved to the Successor Agency and the Successor Agency, (b) to cure, correct or supplement any ambiguous or defective provision contained herein, (c) in regard to questions arising hereunder or thereunder, as the parties hereto or thereto may deem necessary or desirable and which, in the opinion of counsel, shall not materially adversely affect the interests of the owners of the 2011A Bonds or the 2017 Bonds, and that such amendment will not cause interest on the 2011A Bonds to become subject to federal income taxation. -5- Section 10. Severability. If any section, paragraph, sentence, clause or provision of this Escrow Agreement shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, sentence clause or provision shall not affect any of the remaining provisions of this Escrow Agreement. Section 11. Notice of Escrow Bank and Successor Agency. Any notice to or demand upon the Escrow Bank may be served and presented, and such demand may be made, at the Office (as defined in the Prior Indenture) as specified by the Escrow Bank as Prior Trustee in accordance with the provisions of the Prior Indenture. Any notice to or demand upon the Successor Agency shall be deemed to have been sufficiently given or served for all purposes by being mailed by first class mail, and deposited, postage prepaid, in a post office letter box, addressed to such party as provided for the "Agency" in the Prior Indenture (or such other address as may have been filed in writing by the Successor Agency or the Successor Agency with the Escrow Bank). Section 12. Merger or Consolidation of Escrow Bank. Any company into which the Escrow Bank may be merged or converted or with which it may be consolidated or any company resulting from any merger, conversion or consolidation to which it shall be a party or any company to which the Escrow Bank may sell or transfer all or substantially all of its corporate trust business, provided such company shall be eligible to act as trustee under the Prior Indenture, shall be the successor hereunder to the Escrow Bank without the execution or filing of any paper or any further act. Section 13. Execution in Several Counterparts. This Escrow Agreement may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original; and all such counterparts shall together constitute but one and the same instrument. Section 14. Governing Law. This Escrow Agreement shall be construed and governed in accordance with the laws of the State of California applicable to contracts made and performed in California. -6- IN WITNESS WHEREOF, the SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY has caused this Escrow Agreement to be signed in its name by its Executive Director, and U.S. BANK NATIONAL ASSOCIATION, in token of its acceptance of the escrow created hereunder, has caused this Escrow Agreement to be signed in its corporate name by its officer identified below, all as of the day and year first above written. 19139.01:J14746/2011A SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY By: Aaron Adams, U.S. BANK NATIONAL ASSOCIATION, as Escrow Bank and Prior Trustee By: Authorized Officer S-1 EXHIBIT A PAYMENT SCHEDULE FOR THE 2011A BONDS Payment Maturing Called Date Principal Principal February 1, 2018 August 1, 2018 $260,000 February 1, 2019 August 1, 2019 280,000 February 1, 2020 August 1, 2020 300,000 February 1, 2021 August 1, 2021 325,000 $14,595,000.00 Exhibit A Interest Total Payment EXHIBIT B FORM OF NOTICE OF REDEMPTION NOTICE OF FULL/FINAL REDEMPTION OF Redevelopment Agency of the City of Temecula Temecula Redevelopment Project No. 1 Tax Allocation Housing Bonds, 2011 Series A Maturity Amount Redemption Interest CUSIP Date Called Price(1) Rate Number(2) August 1, 2022 $ 355,000 100% 6.000% 87970F FD6 August 1, 2023 385,000 100 6.250 87970F FG9 August 1, 2024 415,000 100 6.375 87970F FH7 August 1, 2025 460,000 100 6.500 87970F FJ3 August 1, 2026 500,000 100 6.500 87970F FKO August 1, 2031 3,265,000 100 6.750 87970F FE4 August 1, 2039 9,215,000 100 7.000 87970F FF1 NOTICE is hereby given that the Successor Agency to the Temecula Redevelopment Agency (the "Successor Agency"), has called for redemption on August 1, 2021 (the "Redemption Date"), the Redevelopment Agency of the City of Temecula Temecula Redevelopment Project No. 1 Tax Allocation Housing Bonds, 2011 Series A, described above (the "Bonds"), at a price equal to 100% of the principal amount thereof, plus accrued interest to the date fixed for redemption (the "Redemption Price"). On the Redemption Date, the Redemption Price will become due and payable upon each Bond and interest with respect thereto shall cease to accrue from and after the Redemption Date. Payment of principal will be made upon presentation on and after August 1, 2021, at the following address: U.S. Bank Global Corporate Trust Services 111 Fillmore Ave E St. Paul, MN 55107 Owners of Bonds presenting their certificates in person for the same day payment must surrender their certificate by 1:00 p.m. on the prepayment date and a check will be available for pickup after 2:00 p.m. Checks not picked up by 4:30 p.m. will be mailed to the Bondholder by first class mail. If payment of the Redemption Price is to be made to the registered owner of the Bond you are not required to endorse the Bond to collect the Redemption Price. Accrued interest to be added. Neither the Successor Agency nor U.S. Bank National Association, as trustee, shall be held responsible for the selection or use of CUSIP numbers, nor is any representation made as to their correctness as shown in this Notice of Full/Final Redemption. They are included solely for convenience of the owners. Exhibit B Page 1 Under applicable federal law, federal backup withholding tax will be withheld at the applicable backup withholding rate in effect at the time the payment is made if the Bondowner's tax identification number is not properly certified. The Form W-9 may be obtained from the Internal Revenue Service. Dated: , 2021 U.S. BANK NATIONAL ASSOCIATION, as Trustee Exhibit B Page 2 EXHIBIT C NOTICE OF DEFEASANCE Redevelopment Agency of the City of Temecula Temecula Redevelopment Project No. 1 Tax Allocation Housing Bonds, 2011 Series A Maturity Amount CUSIP Date Defeased Number* August 1, 2018 August 1, 2019 August 1, 2020 August 1, 2021 August 1, 2022 August 1, 2023 August 1, 2024 August 1, 2025 August 1, 2026 August 1, 2031 August 1, 2039 $ 260,000 280,000 300,000 325,000 355,000 385,000 415,000 460,000 500,000 3,265,000 9,215,000 87970F EZ8 87970F FA2 87970F FB0 87970F FC8 87970F FD6 87970F FG9 87970F FH7 87970F FJ3 87970F FKO 87970F FE4 87970F FF1 NOTICE IS HEREBY GIVEN, on behalf of the Successor Agency to the Temecula Redevelopment Agency (the "Successor Agency"), to the owners of the outstanding Redevelopment Agency of the City of Temecula Temecula Redevelopment Project No. 1 Tax Allocation Housing Bonds, 2011 Series A, described above (the "Bonds"), that pursuant to the indenture of trust, as amended, authorizing the issuance of the Bonds (the "Indenture"), the lien of the Indenture with respect to the Bonds has been discharged through the irrevocable deposit of cash and U.S. Treasury securities in an escrow fund (the "Escrow Fund"). The Escrow Fund has been established and is being maintained pursuant to that certain Escrow Agreement, dated as of 1, 2017, by and between the Successor Agency and U.S. Bank National Association, as escrow bank. As a result of such deposit, the Bonds are deemed to have been paid and defeased in accordance with the Indenture. The pledge of the funds provided for under the Indenture and all other obligations of the Successor Agency to the owners of the Bonds is now limited to the application of moneys in the Escrow Fund for the payment of the principal and interest on the Bonds as the same become due and payable as described below. The maturing U.S. Treasury securities, the interest thereon and the cash deposited in the Escrow Fund are calculated to provide sufficient moneys to pay the debt service on the Bonds to and including August 1, 2021, and to redeem the Bonds maturing on and after August 1, 2022 in full on August 1, 2021, at a redemption price equal to 100% of the principal thereof plus accrued interest to such date. DATED this day of , 2017 U.S. BANK NATIONAL ASSOCIATION, as Escrow Bank * Neither the Successor Agency nor U.S. Bank National Association, as escrow bank, shall be held responsible for the selection or use of CUSIP numbers, nor is any representation made as to their correctness as shown in this Notice of Defeasance. They are included solely for convenience of the owners. Exhibit C EXHIBIT D SCHEDULE OF ESCROWED FEDERAL SECURITIES Type Maturity Coupon Principal Price Exhibit D SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY TAX ALLOCATION REFUNDING BONDS, SERIES 2017A AND SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY TAXABLE TAX ALLOCATION REFUNDING BONDS, SERIES 2017B BOND PURCHASE AGREEMENT , 2017 Successor Agency to the Temecula Redevelopment Agency 41000 Main Street Temecula, California 92590 Attention: Executive Director Ladies and Gentlemen: Stifel, Nicolaus & Company, Incorporated (the "Underwriter") offers to enter into this Bond Purchase Agreement (this "Purchase Agreement") with the Successor Agency to the Temecula Redevelopment Agency (the "Agency") which will be binding upon the Agency and the Underwriter upon the acceptance hereof by the Agency. This offer is made subject to its acceptance by the Agency by execution of this Purchase Agreement and its delivery to the Underwriter on or before 4:59 p.m., California time, on the date hereof. All terms used herein and not otherwise defined herein shall have the respective meanings given to such terms in the Indenture (as such term is defined herein). 1. Purchase and Sale. Upon the terms and conditions and upon the basis of the representations, warranties and agreements hereinafter set forth, the Underwriter hereby agrees to purchase from the Agency for offering to the public, and the Agency hereby agrees to sell to the Underwriter for such purpose, all (but not less than all) of the $ aggregate principal amount of the Agency's Tax Allocation Refunding Bonds, Series 2017A (the "Series 2017A Bonds"), at a purchase price equal to $ (being the aggregate principal amount thereof, less an Underwriter's discount of $ and plus a net original issue premium of $ ) and all (but not less than all) of the $ aggregate principal amount of the Agency's Taxable Tax Allocation Refunding Bonds, Series 2017B (the "Series 2017B Bonds" and, together with the Series 2017A Bonds, the "Bonds"), at a purchase price equal to $ (being the aggregate principal amount thereof, less an Underwriter's discount of $ and plus a net original issue premium of $ ). As an accommodation to the Agency, the Underwriter shall pay from the purchase price of the Bonds, by wire transfer, the amount of $ to the Insurer (as such term is defined herein) to pay the premium for the Policy and the Reserve Policy (as such terms are defined herein). Such payment and the other actions contemplated hereby to take place at the time of such payment are herein sometimes called the "Closing." 2. The Bonds and Related Documents. The Bonds shall be substantially in the form described in, and shall be issued and secured under the provisions of an Indenture of Trust, dated as of 1, 2017 (the "Indenture"), by and between the Agency and U.S. Bank National Association, as trustee (the "Trustee"), pursuant to Section 34177.5 of the California Health and Safety Code (the "Law") and Article 11 of Chapter 3 of Part 1 of Division 2 of Title 5 of the California Government Code (the "Act") and a resolution of the Agency adopted on September 5, 2017 (the "Agency Resolution"). The Bonds were approved by the Oversight Board for the Agency by resolution adopted on [ , 2017] (the "Oversight Board Resolution"). The Bonds shall be as described in the Indenture and the Official Statement dated the date hereof relating to the Bonds (which, together with all exhibits and appendices included therein or attached thereto and such amendments or supplements thereto which shall be approved by the Underwriter, is hereinafter called the "Official Statement"). A municipal bond insurance policy (the "Policy") and a debt service reserve insurance policy (the "Reserve Policy") for some or all of the Bonds shall be purchased from (the "Insurer"). The net proceeds of the Series 2017A Bonds will be used to currently refund the following four series of outstanding bonds (collectively, the "Currently Refunded Prior Bonds") issued by the former Redevelopment Agency of the City of Temecula (the "Former Agency"): (i) Redevelopment Agency of the City of Temecula Temecula Redevelopment Project No. 1 2002 Tax Allocation Bonds, (ii) Redevelopment Agency of the City of Temecula Temecula Redevelopment Project No. 1 2006 Tax Allocation Bonds, Series A, (iii) Redevelopment Agency of the City of Temecula Temecula Redevelopment Project No. 1 2006 Tax Allocation Bonds, Series B (Subordinate Lien), and (iv) Redevelopment Agency of the City of Temecula Temecula Redevelopment Project No. 1 2007 Tax Allocation Bonds (Subordinate Lien). (v) Redevelopment Agency of the City of Temecula Temecula Redevelopment Project No. 1 Tax Allocation Housing Bonds, 2011 Series A. The net proceeds of the Series 2017B Bonds will be used to advance refund the following two series of outstanding bonds (collectively, the "Advance Refunded Prior Bonds" and, together with the Currently Refunded Prior Bonds, the "Prior Bonds") issued by the Former Agency: (i) Redevelopment Agency of the City of Temecula Temecula Redevelopment Project No. 1 Tax Allocation Housing Bonds 2010 Series B (Taxable Build America Bonds) and (ii) Redevelopment Agency of the City of Temecula Temecula Redevelopment Project No. 1 Tax Allocation Housing Bonds, 2011 Series A. The Bonds will be secured by a pledge of, and lien on, Tax Revenues (defined in the Indenture). 2 The Agency will undertake pursuant to the provisions of a Continuing Disclosure Certificate, dated as of [ , 2017] (the "Disclosure Certificate") and executed by the Agency, to provide certain annual information and notices of the occurrence of certain enumerated events. A description of the undertaking is set forth in the Preliminary Official Statement (as defined below) and will also be set forth in the Official Statement. The Indenture, the Disclosure Certificate, six Escrow Agreements, each dated as of [ , 2017], by and between the Agency and U.S. Bank National Association, as escrow agent, relating to the Prior Bonds (the "Escrow Agreements"), and this Purchase Agreement are sometimes collectively referred to herein as the "Agency Legal Documents." 3. Public Offering and Establishment of Issue Price. (a) The Underwriter agrees to make an initial public offering of all of the Bonds at the public offering prices (or yields) set forth on Exhibit A attached hereto and incorporated herein by reference. Subsequent to the initial public offering, the Underwriter reserves the right to change the public offering prices (or yields) as the Underwriter deems necessary in connection with the marketing of the Bonds, provided that the Underwriter shall not change the interest rates of the Series 2017A Bonds set forth on Exhibit A. The Bonds may be offered and sold to certain dealers at prices lower than such initial public offering prices. The Agency acknowledges and agrees that: (i) the purchase and sale of the Bonds pursuant to this Purchase Agreement is an arm's length commercial transaction between the Agency and the Underwriter; (ii) in connection therewith and with the discussions, undertakings and procedures leading up to the consummation of such transaction, the Underwriter is and has been acting solely as principal and not as agent, fiduciary or Municipal Advisor (as such term is defined in Section 15B of The Securities Exchange Act of 1934, as amended) of the Agency; (iii) the Underwriter has not assumed an advisory or fiduciary responsibility in favor of the Agency with respect to the offering contemplated hereby or the discussions, undertakings and procedures leading thereto (irrespective of whether the Underwriter has provided other services or is currently providing other services to the Agency on other matters); (iv) the Underwriter has financial interests that may differ from and be adverse to those of the Agency; and (v) the Agency has consulted with its own legal and financial advisors to the extent that it has deemed appropriate. (b) The Underwriter agrees to assist the Agency in establishing the issue price of the Series 2017A Bonds and shall execute and deliver to the Agency at Closing (as defined below) an "issue price" or similar certificate, together with the supporting pricing wires or equivalent communications, substantially in the form attached hereto as Exhibit B, with such modifications as may be appropriate or necessary, in the reasonable judgment of the Underwriter, the Agency and Bond Counsel (as defined below), to accurately reflect, as applicable, the sales price or prices or the initial offering price or prices to the public of the Series 2017A Bonds. All actions to be taken by the Agency under this section to establish the issue price of the Series 2017A Bonds may be taken on behalf of the Agency by the Agency's municipal advisor, Fieldman, Rolapp & Associates (the "Municipal Advisor") and any notice or report to be provided to the Agency may be provided to the Agency's Municipal Advisor. (c) [Except as otherwise set forth in Exhibit A attached hereto,] the Agency will treat the first price at which 10% of each maturity of the Series 2017A Bonds (the "10% test"), identified under the column "10% Test Used" in Exhibit A, is sold to the public as the issue price of that maturity (if different interest rates apply within a maturity, each separate CUSIP number within 3 that maturity will be subject to the 10% test). At or promptly after the execution of this Purchase Agreement, the Underwriter shall report to the Agency the price or prices at which it has sold to the public each maturity of the Series 2017A Bonds. If at that time the 10% test has not been satisfied as to any maturity of the Bonds, the Underwriter agrees to promptly report to the Agency the prices at which it sells the unsold Series 2017A Bonds of that maturity to the public. That reporting obligation shall continue, whether or not the Closing Date (as defined below) has occurred, until the 10% test has been satisfied as to the Series 2017A Bonds of that maturity or until all Series 2017A Bonds of that maturity have been sold to the public. (d) [The Underwriter confirms that it has offered the Series 2017A Bonds to the public on or before the date of this Purchase Agreement at the offering price or prices (the "initial offering price"), or at the corresponding yield or yields, set forth in Exhibit A attached hereto, except as otherwise set forth therein. Exhibit A also sets forth, identified under the column "Hold the Offering Price Rule Used," as of the date of this Purchase Agreement, the maturities, if any, of the Series 2017A Bonds for which the 10% test has not been satisfied and for which the Agency and the Underwriter agree that the restrictions set forth in the next sentence shall apply, which will allow the Agency to treat the initial offering price to the public of each such maturity as of the sale date as the issue price of that maturity (the "hold -the -offering -price rule"). So long as the hold -the -offering - price rule remains applicable to any maturity of the Bonds, the Underwriter will neither offer nor sell unsold Series 2017A Bonds of that maturity to any person at a price that is higher than the initial offering price to the public during the period starting on the sale date and ending on the earlier of the following: (i) the close of the fifth (5th) business day after the sale date; or (ii) the date on which the Underwriter has sold at least 10% of that maturity of the Series 2017A Bonds to the public at a price that is no higher than the initial offering price to the public. The Underwriter shall promptly advise the Issuer when it has sold 10% of that maturity of the Series 2017A Bonds to the public at a price that is no higher than the initial offering price to the public, if that occurs prior to the close of the fifth (5th) business day after the sale date.] (e) The Underwriter acknowledges that sales of any Series 2017A Bonds to any person that is a related party to the Underwriter shall not constitute sales to the public for purposes of this section. Further, for purposes of this section: (i) "public" means any person other than an underwriter or a related party; (ii) "underwriter" means (A) any person that agrees pursuant to a written contract with the Agency (or with the lead underwriter to form an underwriting syndicate) to participate in the initial sale of the Series 2017A Bonds to the public and (B) any person that agrees pursuant to a written contract directly or indirectly with a person described in clause (A) to participate in the initial sale of the Series 2017A Bonds to the public (including a member of a selling group or a party to a retail distribution agreement participating in the initial sale of the Series 2017A Bonds to the public); 4 (iii) a purchaser of any of the Series 2017A Bonds is a "related party" to an underwriter if the underwriter and the purchaser are subject, directly or indirectly, to (i) at least 50% common ownership of the voting power or the total value of their stock, if both entities are corporations (including direct ownership by one corporation of another), (ii) more than 50% common ownership of their capital interests or profits interests, if both entities are partnerships (including direct ownership by one partnership of another), or (iii) more than 50% common ownership of the value of the outstanding stock of the corporation or the capital interests or profit interests of the partnership, as applicable, if one entity is a corporation and the other entity is a partnership (including direct ownership of the applicable stock or interests by one entity of the other); and (iv) "sale date" means the date of execution of this Purchase Agreement by all parties. 4. Use and Preparation of Documents. The Agency has caused to be prepared and delivered to the Underwriter prior to the execution of this Purchase Agreement copies of the Preliminary Official Statement dated [ , 2017], relating to the Bonds (the "Preliminary Official Statement"), which was approved by a resolution of the Agency adopted on [ 2017] (the "Agency OS Resolution"). The Agency ratifies, confirms and approves the use by the Underwriter prior to the date hereof of the Preliminary Official Statement. The Agency has previously deemed the Preliminary Official Statement to be final as of its date for purposes of Rule 15c2-12 promulgated under the Securities Exchange Act of 1934 ("Rule 15c2-12"), except for information permitted to be omitted therefrom by Rule 15c2-12. The Agency hereby agrees to deliver or cause to be delivered to the Underwriter, within seven (7) business days of the date hereof, but not less than one (1) business day prior to Closing, an electronic version of the Official Statement and a sufficient number of physical copies of the final Official Statement relating to the Bonds, dated the date hereof, which includes all information permitted to be omitted by Rule 15c2-12 and any amendments or supplements to such Official Statement as have been approved by the Agency and the Underwriter to enable the Underwriter to distribute a single copy of each Official Statement to any potential customer of the Underwriter requesting an Official Statement during the time period beginning when the Official Statement becomes available and ending 25 days after the End of the Underwriting Period (as such term is defined herein). The Agency hereby approves of the use and distribution (including the electronic distribution) by the Underwriter of the Preliminary Official Statement and the Official Statement in connection with the offer and sale of the Bonds. The Agency shall have executed and delivered to the Underwriter a certification to such effect in the form attached hereto as Exhibit B. The Underwriter agrees that it will not confirm the sale of any Bonds unless the confirmation of sale is accompanied or preceded by the delivery of a copy of the Official Statement. 5. Representations, Warranties and Agreements of the Agency. The Agency hereby represents and warrants to and agrees with the Underwriter as follows: (a) The Agency is a public entity existing under the laws of the State of California, including the Law. (b) The Agency has full legal right, power and authority to enter into the Agency Legal Documents and carry out and consummate the transactions on its part contemplated by the Agency Legal Documents. 5 (c) By all necessary official action of the Agency prior to or concurrently with the acceptance hereof, the Agency has duly authorized and approved the preparation and use of the Preliminary Official Statement and the Official Statement, the execution and delivery of the Official Statement and the Agency Legal Documents and the performance by the Agency of all transactions on its part contemplated by the Agency Legal Documents; and as of the Closing the Agency Legal Documents will constitute legal, valid and binding obligations of the Agency, enforceable against the Agency in accordance with their respective terms, except as enforcement may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws or equitable principles relating to or limiting creditors' rights generally. (d) The Agency is not in any material respect in breach of or default under any applicable constitutional provision, law or administrative regulation to which it is subject or any applicable judgment or decree or any loan agreement, indenture, bond, note, resolution, agreement (including, without limitation, the Indenture) or other instrument to which the Agency is a party or to which the Agency or any of its property or assets is otherwise subject, and no event has occurred and is continuing which with the passage of time or the giving of notice, or both, would constitute such a default or event of default under any such instrument; and the execution and delivery of the Agency Legal Documents, and compliance with the provisions on the Agency's part contained therein, will not conflict with or constitute a material breach of or a material default under any constitutional provision, law, administrative regulation, judgment, decree, loan agreement, indenture, bond, note, resolution, agreement or other instrument to which the Agency is a party or to which the Agency or any of its property or assets is otherwise subject, nor will any such execution, delivery, adoption or compliance result in the creation or imposition of any lien, charge or other security interest or encumbrance of any nature whatsoever upon any of the property or assets of the Agency or under the terms of any such constitutional provision, law, regulation or instrument, except as provided by the Indenture and the Escrow Agreements. (e) Except as described in or contemplated by the Official Statement, all authorizations, approvals, licenses, permits, consents and orders of any governmental authority, board, agency or commission having jurisdiction of the matter which are required for the due authorization by, or which would constitute a condition precedent to or the absence of which would materially adversely affect the due performance by, the Agency of its obligations under the Agency Legal Documents have been duly obtained. (f) Between the date of this Purchase Agreement and the date of the Closing, the Agency will not, without the prior written consent of the Underwriter, offer or issue any bonds, notes or other obligations for borrowed money, or incur any material liabilities, direct or contingent, payable from Tax Revenues, nor will there be any adverse change of a material nature in the financial position, results of operations or condition, financial or otherwise, of the Agency. (g) To the best knowledge of the officer of the Agency executing this Purchase Agreement, after due inquiry, as of the date hereof, there is no action, suit, proceeding, inquiry or investigation, at law or in equity before or by any court, government agency, public board or body, pending with respect to which the Agency has been served with process or threatened against the Agency, affecting the existence of the Agency or the titles of its officers to their respective offices, or affecting or seeking to prohibit, restrain or enjoin the execution and delivery of the Indenture or the collection of the Tax Revenues or contesting or affecting, as to the Agency, the validity or enforceability of the Agency Legal Documents or contesting the exclusion from gross income of interest on the Bonds for federal income tax purposes, or contesting the completeness or accuracy of 6 the Preliminary Official Statement or the Official Statement, or contesting the powers of the Agency, or in any way contesting or challenging the consummation of the transactions contemplated hereby, or which might result in a material adverse change in the financial condition of the Agency or which might materially adversely affect the Tax Revenues of the Agency; nor, to the best knowledge of the Agency, is there any known basis for any such action, suit, proceeding, inquiry or investigation, wherein an unfavorable decision, ruling or finding would materially adversely affect the validity of the authorization, execution, delivery or performance by the Agency of the Agency Legal Documents. (h) As of the time of acceptance hereof and as of the date of the Closing, the Agency does not and will not have outstanding any indebtedness which indebtedness is secured by a lien on the Tax Revenues of the Agency superior to or on a parity with the lien provided for in the Indenture on the Tax Revenues. (i) As of the time of acceptance hereof and as of the date of the Closing, the Agency has complied with the filing requirements of the Law, including, without limitation, the filing of all Recognized Obligation Payment Schedules, as required by the Law. (j) As of the date thereof, the Preliminary Official Statement did not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements therein in light of the circumstances under which they were made, not misleading (except that this representation does not include information relating to The Depository Trust Company or the book -entry -only system, the Insurer or the Reserve Policy). (k) As of the date hereof and at all times subsequent hereto up to and including the date which is 25 days following the End of the Underwriting Period for the Bonds, the Official Statement will not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made not misleading (except that this representation does not include information relating to The Depository Trust Company, the book -entry -only system, the Insurer or the Reserve Policy). (1) If between the date hereof and the date which is 25 days after the End of the Underwriting Period for the Bonds, an event occurs which would cause the Official Statement, as then supplemented or amended, to contain an untrue statement of a material fact or to omit to state a material fact required to be stated therein or necessary to make such information therein, in the light of the circumstances under which it was presented, not misleading, the Agency will notify the Underwriter, and, if in the opinion of the Underwriter or the Agency, or their respective counsel, such event requires the preparation and publication of a supplement or amendment to the Official Statement, the Agency will cooperate in the preparation of such amendment or supplement to the Official Statement in a form and manner approved by the Underwriter, and shall pay all expenses thereby incurred. For the purposes of this subsection, between the date hereof and the date which is 25 days after the End of the Underwriting Period for the Bonds, the Agency will furnish such information with respect to itself as the Underwriter may from time to time reasonably request. As used herein, the term "End of the Underwriting Period" means the later of such time as: (i) the Agency delivers the Bonds to the Underwriter; or (ii) the Underwriter does not retain, directly or as a member of an underwriting syndicate, an unsold balance of the Bonds for sale to the public. Notwithstanding the foregoing, unless the Underwriter gives written notice to the contrary, the "End of the Underwriting Period" shall be the date of Closing. 7 (m) If the information contained in the Official Statement is amended or supplemented pursuant to paragraph (1) hereof, at the time of each supplement or amendment thereto and (unless subsequently again supplemented or amended pursuant to such paragraph) at all times subsequent thereto up to and including the date which is 25 days after the End of the Underwriting Period for the Bonds, the portions of the Official Statement so supplemented or amended (including any financial and statistical data contained therein) will not contain any untrue statement of a material fact required to be stated therein or necessary to make such information therein in the light of the circumstances under which it was presented, not misleading (except that this representation does not include information relating to The Depository Trust Company or the book -entry -only system), the Insurer or the Reserve Policy. (n) After the Closing, the Agency will not participate in the issuance of any amendment of or supplement to the Official Statement to which, after being furnished with a copy, the Underwriter shall reasonably object in writing or which shall be disapproved by counsel for the Underwriter. (o) Any certificate signed by any officer of the Agency and delivered to the Underwriter shall be deemed a representation by the Agency to the Underwriter as to the statements made therein. (p) The Agency will apply the proceeds from the sale of the Bonds for the purposes specified in the Official Statement. (q) The Agency has not been notified of any listing or proposed listing by the Internal Revenue Service to the effect that the Agency is not a bond issuer whose arbitrage certifications may not be relied upon. (r) The Agency will furnish such information, execute such instruments and take such other action in cooperation with the Underwriter, at the expense of the Underwriter, as it may reasonably request in order to qualify the Bonds for offer and sale under the "blue sky" or other securities laws and regulations of such states and other jurisdictions of the United States of America as the Underwriter may designate; provided, however, that the Agency will not be required to execute a special or general consent to service of process or qualify as a foreign corporation in connection with any such qualification in any jurisdiction. (s) The Agency will refrain from taking any action with regard to which the Agency may exercise control that results in the inclusion in gross income for federal income tax purposes of the interest on the Series 2017A Bonds or State of California income tax purposes of the interest on the Bonds. (t) Except as disclosed in the Official Statement, neither the Agency nor the Former Agency has failed to comply in all material respects with any prior continuing disclosure undertaking in regard to Rule 15c2-12 within the previous five years. (u) The Oversight Board has duly adopted the Oversight Board Resolution approving the issuance of the Bonds and no further Oversight Board approval or consent is required for the issuing of the Bonds or the consummation of the transactions on the part of the Agency described in the Official Statement. 8 (v) The Department of Finance of the State (the "Department of Finance") has issued a letter, dated [ , 2017], approving the Oversight Board Resolution. No further Department of Finance approval or consent is required for the issuance of the Bonds or the consummation of the transactions on the part of the Agency described in the Official Statement. Except as disclosed in the Official Statement, the Agency is not aware of the Department of Finance directing or having any basis to direct the County Auditor -Controller to deduct unpaid unencumbered funds from future allocations of property tax to the Agency pursuant to Section 34183 of the Dissolution Act. 6. Closing. At 8:00 A.M., California time, on [ , 2017], or on such other date or at such other time as may be mutually agreed upon by the Agency and the Underwriter, the Agency will, subject to the terms and conditions hereof, sell and deliver the Bonds to the Underwriter, duly executed and authenticated, together with the other documents hereinafter mentioned, and, subject to the terms and conditions hereof, the Underwriter will accept such delivery and pay the purchase price of the Bonds as set forth in Section 1 hereof in federal funds. Sale, delivery and payment as aforesaid shall be made at the offices of Quint & Thimmig LLP, Larkspur, California ("Bond Counsel"), or such other place as shall have been mutually agreed upon by the Agency and the Underwriter, except that the Bonds (with one certificate for each maturity of each series and otherwise in a form suitable for the book -entry system) shall be delivered to the Underwriter in New York, New York, through the book -entry system of The Depository Trust Company ("DTC"). Unless the DTC Fast Automated Securities Transfer ("FAST") is utilized, the Bonds will be made available for inspection by DTC at least one business day prior to the Closing. 7. Closing Conditions. The Underwriter has entered into this Purchase Agreement in reliance upon the representations and warranties of the Agency contained herein, and in reliance upon the representations and warranties to be contained in the documents and instruments to be delivered at the Closing and upon the performance by the Agency of its obligations hereunder, both as of the date hereof and as of the date of the Closing. Accordingly, the Underwriter's obligations under this Purchase Agreement to purchase, to accept delivery of and to pay for the Bonds shall be conditioned upon the performance by the Agency of its obligations to be performed hereunder and under such documents and instruments at or prior to the Closing, and shall also be subject to the following additional conditions: (a) The Underwriter shall receive copies of the Official Statement (including all information previously permitted to have been omitted from the Preliminary Official Statement by Rule 15c2-12 and any amendments or supplements thereto as have been approved by the Underwriter as required by Section 4 hereof). (b) The representations and warranties of the Agency contained herein shall be true and correct on the date hereof and on and as of the date of the Closing, as if made on the date of the Closing, and the statements of the officers and other officials of the Agency made in any certificate or other document furnished pursuant to the provisions hereof are accurate. (c) At the time of the Closing, the Agency Legal Documents shall have been duly authorized, executed and delivered by the respective parties thereto, and the Official Statement shall have been duly authorized, executed and delivered by the Agency, all in substantially the forms heretofore submitted to the Underwriter, with only such changes as shall have been agreed to by the Underwriter, and shall be in full force and effect; and there shall be in full force and effect such resolution or resolutions of the governing body of the Agency as, in the opinion of Bond Counsel, 9 shall be necessary or appropriate in connection with the transactions on the part of the Agency contemplated hereby. (d) At the time of the Closing, all necessary official action of the Agency relating to the Official Statement and the Agency Legal Documents shall have been taken and shall be in full force and effect and shall not have been amended, modified or supplemented in any material respect. (e) At or prior to the Closing, the Underwriter shall have received copies of each of the following documents: (1) Bond Counsel Opinion. The approving opinion of Bond Counsel to the Agency, dated the date of the Closing and substantially in the form included as Appendix B to the Official Statement. (2) Supplemental Opinion of Bond Counsel. A supplemental opinion or opinions of Bond Counsel addressed to the Underwriter, in form and substance acceptable to the Underwriter, and dated the date of the Closing, stating that the Underwriter may rely on the opinions of Bond Counsel described in paragraph (1) above as if such opinions were addressed to the Underwriter and to the following effect: (i) this Purchase Agreement has been duly executed and delivered by the Agency and (assuming due authorization, execution and delivery by and validity against the Underwriter) constitutes the valid and binding agreement of the Agency, except as enforcement thereof may be limited by bankruptcy, insolvency or other laws affecting enforcement of creditors' rights and by the application of equitable principles; (ii) the statements contained in the Official Statement under the captions "INTRODUCTION," `REFUNDING PLAN," "THE 2017 BONDS," "SECURITY FOR THE 2017 BONDS," "TAX MATTERS," and in Appendices A and B, are accurate insofar as such statements expressly summarize certain provisions of the Indenture, the Escrow Agreements or the opinion of Bond Counsel; (iii) the Bonds are not subject to the registration requirements of the Securities Act of 1933, as amended, and the Indenture is exempt from qualification pursuant to the Trust Indenture Act of 1939, as amended; and (iv) the Agency has taken all actions required to defease the Prior Bonds and the Prior Bonds are no longer outstanding under the terms of the indentures of trust, as amended, pursuant to which they were issued. (3) Municipal Advisor Certificate. A certificate, dated the date of Closing, signed by a duly authorized official of the Agency's Municipal Advisor addressed to the Underwriter and the Agency to the effect, that, in connection with its participation in the preparation of the Official Statement and without undertaking any independent investigation and without having undertaken to determine independently the fairness, accuracy or completeness of the statements contained in the Official Statement, nothing has come to the attention of the Municipal Advisor that would lead it to believe that the statements and information contained in the Official Statement as of the date thereof and the date of the Closing, contains an untrue statement of a material fact or omits 10 to state a material fact required to be stated therein as necessary to make the statements therein, in light of the circumstances in which they were made, not misleading. (4) Fiscal Consultant's Certificate. A certificate of HdL Coren & Cone, the Agency's Fiscal Consultant (the "Fiscal Consultant"), dated the date of the Closing, addressed to the Agency and the Underwriter, in form and substance acceptable to the Underwriter: (i) certifying as to the accuracy of the Fiscal Consultant's Report set forth in Appendix G to the Official Statement and the information in the Official Statement attributable to the Fiscal Consultant; (ii) consenting to the inclusion of such firm's Fiscal Consultant's Report in the Preliminary Official Statement and the Official Statement; and (iii) stating that, to the best of the Fiscal Consultant's knowledge, but without having conducted any investigation with respect thereto, nothing has come to the Fiscal Consultant's attention between the date of such report and the date of the Closing which would materially alter any of the conclusions set forth in such report. (5) Agency Counsel Opinion. An opinion of the City Attorney, acting as counsel to the Agency, dated the date of the Closing and addressed to the Underwriter, in form and substance acceptable to the Underwriter, to the following effect: (i) the Agency is a public body, corporate and politic, duly organized and existing under the laws of the State, with full right, power and authority to execute, deliver and perform its obligations under the Agency Legal Documents; (ii) the Agency Resolution and the Agency OS Resolution were duly adopted at meetings of the Agency called and held pursuant to law, with all public notice required by law and at which quorums were present and acting throughout; and the Agency Resolution and the Agency OS Resolution are in full force and effect and have not been modified amended or rescinded since their respective adoption date; (iii) the Agency Legal Documents and the Official Statement have been duly authorized, executed and delivered by the Agency and, assuming due authorization, execution and delivery by the other parties thereto, as applicable, the Agency Legal Documents constitute the valid, legal and binding obligations of the Agency enforceable in accordance with their respective terms, except as enforcement thereof may be limited by bankruptcy, insolvency or other laws affecting enforcement of creditors' rights and by the application of equitable principles if equitable remedies are sought; (iv) to the best of such counsel's knowledge, the execution and delivery of the Agency Legal Documents and the Official Statement and compliance with the provisions of the Agency Legal Documents, under the circumstances contemplated thereby: (1) do not and will not in any material respect conflict with or constitute on the part of the Agency a breach of or default under any agreement or other instrument to which the Agency is a party or by which it is bound; and (2) do not and will not in any material respect constitute on the part of the Agency a violation, breach of or default under any existing law, regulation, court order or consent decree to which the Agency is subject; (v) to the best of such counsel's knowledge, except as otherwise disclosed in the Official Statement, there is no litigation or proceeding, pending and served upon the Agency, or threatened, challenging the creation, organization or existence of the Agency, or the validity of the Bonds or the Agency Legal Documents or seeking to restrain or enjoin any of the 11 transactions referred to therein or contemplated thereby, or under which a determination adverse to the Agency would have a material adverse effect upon the financial condition or the revenues of the Agency, or which, in any manner, questions the right of the Agency to issue, sell and deliver the Bonds, to enter into the Indenture or to use the Tax Revenues for repayment of the Bonds or affects in any manner the right or ability of the Agency to collect or pledge the Tax Revenues; and (vi) based upon such counsel's participation as counsel to the Agency in the preparation of the Official Statement, and without having undertaken to determine independently the fairness, accuracy or completeness of the statements contained in the Official Statement, Agency Counsel has no reason to believe that, as of its date and as of date of Closing, the information in the Official Statement relating to the Agency, the Tax Revenues and the Project Area (as such term is defined in the Indenture) (excluding any financial or statistical data with respect thereto, as to which no opinion is expressed) contains any untrue statement of a material fact or omits to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading. (6) Trustee Counsel Opinion. The opinion of counsel to the Trustee, dated the date of the Closing, addressed to the Underwriter and the Agency, to the effect that: (i) the Trustee is a national banking association, duly organized and validly existing under the laws of the United States of America, having full power to enter into, accept and administer the trusts created under the Indenture and the Escrow Agreements; (ii) the Indenture and the Escrow Agreements have been duly authorized, executed and delivered by the Trustee and the Indenture and the Escrow Agreements constitute the legal, valid and binding obligation of the Trustee, enforceable in accordance with their respective terms, except as enforcement thereof may be limited by bankruptcy, insolvency or other laws affecting the enforcement of creditors' rights generally and by the application of equitable principles if equitable remedies are sought; and (iii) except as may be required under Blue Sky or other securities laws of any state, no consent, approval, authorization or other action by any governmental or regulatory authority having jurisdiction over the Trustee that has not been obtained is or will be required for the execution and delivery by the Trustee of the Indenture or the Escrow Agreements, or the consummation of the transactions on the part of the Trustee contemplated by the Indenture and the Escrow Agreements. (7) Agency Certificate. A certificate of the Agency, dated the date of the Closing, signed on behalf of the Agency by a duly authorized officer of the Agency, to the effect that: (i) the representations and warranties of the Agency contained herein are true and correct in all material respects on and as of the date of the Closing as if made on the date of the Closing; (ii) no event affecting the Agency has occurred since the date of the Official Statement which has not been disclosed therein or in any supplement or amendment thereto which event should be disclosed in the Official Statement in order to make the statements therein, in the light of the circumstances under which they were made, not misleading; and 12 (iii) the Agency is not, in any material respect, in breach of or default under any applicable law or administrative regulation of the State or the United States or any applicable judgment or decree or any loan agreement, indenture, bond, note, resolution, agreement or other instrument to which the Agency is a party or is otherwise subject, which would have a material adverse impact on the Agency's ability to perform its obligations under the Agency Legal Documents, and no event has occurred and is continuing which, with the passage of time or the giving of notice, or both, would constitute a default or event of default under any such instrument. (8) Trustee's Certificate. A certificate of the Trustee, dated the date of the Closing, signed on behalf of the Trustee by a duly authorized officer of the Trustee, to the effect that: (i) the Trustee is a national banking association duly organized and validly existing under the laws of the United States of America; (ii) the Trustee has full power, authority and legal right to comply with the terms of the Indenture and the Escrow Agreements and to perform its obligations stated therein; and (iii) the Indenture and the Escrow Agreements have been duly authorized, executed and delivered by the Trustee and (assuming due authorization, execution and delivery by the Agency) constitute legal, valid and binding obligations of the Trustee in accordance with their respective terms, except as the enforcement thereof may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws or equitable principles relating to or limiting creditors' rights generally. (9) Documents. Executed copies of the Agency Legal Documents and the Official Statement and a copy of the Preliminary Official Statement. (10) Rating Letter. Letters from Standard & Poor's Global Ratings, a Standard & Poor's Financial Services LLC business ("S&P") to the effect that the Bonds have been assigned an insured rating of " " and an underlying rating of " ," which ratings shall be in effect as of the date of the Closing. (11) Disclosure Letter. A letter of Quint & Thimmig LLP ("Disclosure Counsel"), dated the date of the Closing, addressed to the Underwriter and the Agency, to the effect that, based upon its participation in the preparation of the Official Statement and without having undertaken to determine independently the fairness, accuracy or completeness of the statements contained in the Official Statement, such counsel has no reason to believe that, as of the date of the Closing, the Official Statement (excluding therefrom the reports, financial and statistical data and forecasts therein and the information included in the appendices thereto and information relating to DTC, the Insurer, the Policy and the Reserve Policy, as to which no advice need be expressed) contains any untrue statement of a material fact or omits to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading. (12) Agency Resolutions. A copy of the Agency Resolution and the Agency OS Resolution, together with a certificate of the Secretary of the Agency to the effect that 13 the Agency Resolution and the Agency OS Resolution remain in full force and effect, and have not been amended, rescinded or otherwise modified since their respective dates of adoption. (13) Oversight Board Resolution. A copy of the Oversight Board Resolution. (14) Oversight Board Certificate. A certificate of the Secretary of the Oversight Board to the effect that the Oversight Board Resolution remains in full force and effect and has not been amended, rescinded or otherwise modified since its date of adoption. (15) Verification Report. A report, dated the date of the Closing, of Grant Thornton LLP, independent certified public accountants (the "Verification Agent"), to the effect that it has verified the accuracy of the mathematical computations of the adequacy of the deposits in the escrow funds for the Prior Bonds for the full and timely payment of all principal (including premium, if any) and interest due on the Prior Bonds as contemplated by the Escrow Agreements. (16) Policy; Reserve Policy. The executed Policy and the executed Reserve Policy issued by the Insurer. (17) Insurer Certificate. A certificate of the Insurer as to the accuracy of the information in Official Statement relating to the Insurer, the Policy and the Reserve Policy. (18) Insurer Counsel Opinion. An opinion of counsel to the Insurer, dated as of the date of Closing, addressed to the Underwriter and the Agency in form and substance acceptable to the Underwriter, substantially to the effect that: (i) the Insurer has been duly incorporated and is validly existing and in good standing under the laws of the state of its incorporation; and (ii) the Policy and the Reserve Policy constitute the legal, valid and binding obligations of the Insurer enforceable in accordance with their respective terms, subject to enforcement, bankruptcy, insolvency, reorganization, rehabilitation and other similar laws of general applicability relating to or affecting creditors' and/or claimants' rights against insurance companies and to general equity principles. (19) DTC Letter of Representations. The executed Blanket Letter of Representations of the Agency. (20) CDIAC Forms. A report of proposed debt issuance, acknowledgement thereof and final report to the California Debt and Investment Advisory Commission with respect to the Bonds. (21) Tax Certificate. A no arbitrage certificate with respect to the Series 2017A Bonds in a form acceptable to Bond Counsel. (22) Additional Documents. Such additional certificates, instruments and other documents as Bond Counsel, the Agency or the Underwriter may reasonably deem necessary. All the opinions, letters, certificates, instruments and other documents mentioned above or elsewhere in this Purchase Agreement shall be deemed to be in compliance with the provisions hereof if, but only if, they are in form and substance satisfactory to the Underwriter. 14 If the Agency shall be unable to satisfy the conditions to the obligations of the Underwriter to purchase, to accept delivery of and to pay for the Bonds contained in this Purchase Agreement, if the Agency shall determine in good faith (and provide written notice to the Underwriter) that legislation has been introduced or proposals made by the Governor of the State which if enacted and effective would impose additional limitations or burdens on the Agency by reason of the issuance of the Bonds or which purport to prohibit the issuance of the Bonds, or if the obligations of the Underwriter to purchase, to accept delivery of and to pay for the Bonds shall be terminated for any reason permitted by this Purchase Agreement, this Purchase Agreement shall terminate and the Underwriter shall be under no further obligation hereunder; except that Section 9 hereof shall remain in effect in any event. 8. Termination. The Underwriter shall have the right to terminate this Purchase Agreement, without liability therefor, by notification to the Agency if at any time between the date hereof and prior to the Closing: (a) any event shall occur which causes any statement contained in the Official Statement to be materially misleading or results in a failure of the Official Statement to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading; or (b) the marketability of the Bonds or the market price thereof, in the opinion of the Underwriter, has been materially adversely affected by an amendment to the Constitution of the United States or by any legislation in or by the Congress of the United States or by the State, or the amendment of legislation pending as of the date of this Purchase Agreement in the Congress of the United States, or the recommendation to Congress or endorsement for passage (by press release, other form of notice or otherwise) of legislation by the President of the United States, the Treasury Department of the United States, the Internal Revenue Service or the Chairman or ranking minority member of the Committee on Finance of the United States Senate or the Committee on Ways and Means of the United States House of Representatives, or the proposal for consideration of legislation by either such Committee or by any member thereof, or the presentment of legislation for consideration as an option by either such Committee, or by the staff of the Joint Committee on Taxation of the Congress of the United States, or the favorable reporting for passage of legislation to either House of the Congress of the United States by a Committee of such House to which such legislation has been referred for consideration, or any decision of any Federal or State court or any ruling or regulation (final, temporary or proposed) or official statement on behalf of the United States Treasury Department, the Internal Revenue Service or other federal or State authority materially adversely affecting the federal or State tax status of the Agency, or the interest on bonds or notes or obligations of the general character of the Bonds; or (c) any legislation, ordinance, rule or regulation shall be introduced in, or be enacted by any governmental body, department or agency of the State, or a decision by any court of competent jurisdiction within the State or any court of the United States shall be rendered which, in the reasonable opinion of the Underwriter, materially adversely affects the market price of the Bonds; or (d) legislation shall be enacted by the Congress of the United States, or a decision by a court of the United States shall be rendered, or a stop order, ruling, regulation or official statement by, or on behalf of, the Securities and Exchange Commission or any other governmental agency having jurisdiction of the subject matter shall be issued or made to the effect that the 15 issuance, offering or sale of obligations of the general character of the Bonds, or the issuance, offering or sale of the Bonds, including all underlying obligations, as contemplated hereby or by the Official Statement, is in violation or would be in violation of, or that obligations of the general character of the Bonds, or the Bonds, are not exempt from registration under, any provision of the federal securities laws, including the Securities Act of 1933, as amended and as then in effect, or that the Indenture needs to be qualified under the Trust Indenture Act of 1939, as amended and as then in effect; or (e) additional material restrictions not in force as of the date hereof shall have been imposed upon trading in securities generally by any governmental authority or by any national securities exchange which restrictions materially adversely affect the Underwriter's ability to trade the Bonds; or (f) a general banking moratorium shall have been established by federal or State authorities; or (g) the United States has become engaged in hostilities which have resulted in a declaration of war or a national emergency or there has occurred any other outbreak of hostilities or a national or international calamity or crisis, or there has occurred any escalation of existing hostilities, calamity or crisis, financial or otherwise, the effect of which on the financial markets of the United States being such as, in the reasonable opinion of the Underwriter, would affect materially and adversely the ability of the Underwriter to market the Bonds; or (h) any rating of the Bonds shall have been downgraded, suspended or withdrawn by a national rating service, which, in the Underwriter's reasonable opinion, materially adversely affects the marketability or market price of the Bonds; or (i) the commencement of any action, suit or proceeding described in Section 5(g) hereof which, in the judgment of the Underwriter, materially adversely affects the market price of the Bonds; or (j) there shall be in force a general suspension of trading on the New York Stock Exchange. 9. Expenses. The Agency will pay or cause to be paid the approved expenses incident to the performance of its obligations hereunder and certain expenses relating to the sale of the Bonds, including, but not limited to: (a) the cost of the preparation and printing or other reproduction of the Agency Legal Documents (other than this Purchase Agreement); (b) the fees and disbursements of Bond Counsel, Disclosure Counsel, the Municipal Advisor, the Fiscal Consultant, counsel to the Agency and any other experts or other consultants retained by the Agency; (c) the costs and fees of the credit rating agencies; (d) the cost of preparing and delivering the definitive Bonds; (e) the cost of providing immediately available funds on the date of the Closing; (f) the cost of the printing or other reproduction of the Preliminary Official Statement and Official Statement and any amendment or supplement thereto, including a reasonable number of certified or conformed copies thereof; (g) the Underwriter's out-of-pocket expenses incurred with the financing; (h) the fees paid to third parties for a continuing disclosure undertaking compliance review, if any; and (i) expenses (included in the costs to be paid from the Underwriter's Discount) incurred on behalf of the City's or the Agency's employees which are incidental to implementing this Purchase Agreement and the rating presentation. 16 The Underwriter will pay the expenses of the preparation of this Purchase Agreement and all other expenses incurred by the Underwriter in connection with the public offering and distribution of the Bonds and the fees and disbursements of Underwriter's Counsel. The Underwriter is required to pay the fees of the California Debt and Investment Advisory Commission in connection with the offering of the Bonds. The Agency acknowledges that it has had an opportunity, in consultation with such advisors as it may deem appropriate, if any, to evaluate and consider such fees. Notwithstanding the fact that such fees are solely the legal obligation of the Underwriter, the Agency agrees to reimburse the Underwriter for such fees. 10. Notices. Any notice or other communication to be given to the Agency under this Purchase Agreement may be given by delivering the same in writing at the Agency's address set forth above; Attention: Executive Director, and to the Underwriter under this Purchase Agreement may be given by delivering the same in writing to Stifel, Nicolaus & Company, Incorporated, One Montgomery Street, 35th Floor, San Francisco, California 94104, Attention: Sara Brown. 11. Parties in Interest. This Purchase Agreement is made solely for the benefit of the Agency and the Underwriter and no other person shall acquire or have any right hereunder or by virtue hereof. All of the representations, warranties and agreements of the Agency contained in this Purchase Agreement shall remain operative and in full force and effect, regardless of: (i) any investigations made by or on behalf of the Underwriter; (ii) delivery of and payment for the Bonds pursuant to this Purchase Agreement; and (iii) any termination of this Purchase Agreement. 12. Effectiveness and Counterpart Signatures. This Purchase Agreement shall become effective upon the execution of the acceptance by an authorized officer of the Agency and shall be valid and enforceable at the time of such acceptance and approval. This Purchase Agreement may be executed by the parties hereto by facsimile transmission and in separate counterparts, each of which when so executed and delivered (including delivery by facsimile transmission) shall be an original, but all such counterparts shall together constitute but one and the same instrument. 13. Headings. The headings of the sections of this Purchase Agreement are inserted for convenience only and shall not be deemed to be a part hereof. 17 14. Governing Law. This Purchase Agreement shall be construed in accordance with the laws of the State. Very truly yours, STIFEL, NICOLAUS & COMPANY, INCORPORATED By: Its: Authorized Officer Accepted as of p.m.: SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY By: Executive Director 18 EXHIBIT A MATURITY SCHEDULE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY TAX ALLOCATION REFUNDING BONDS, SERIES 2017A Maturity Date Principal Initial Offering (December 15) Amount Interest Rate Price Term Bond. c Priced to the first optional redemption date of December 15, 20 at par. 10% Test Used [REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY.] A-1 Hold the Offering Price Rule Used MATURITY SCHEDULE CONTINUED SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY TAXABLE TAX ALLOCATION REFUNDING BONDS, SERIES 2017B Maturity Date (December 15) Principal Amount Interest Rate Initial Offering Price Term Bond. Priced to the first optional redemption date of December 15, 20 at par. Optional Redemption. The Series 2017A Bonds maturing on or before December 15, 20 are not subject to optional redemption prior to maturity. The Series 2017A Bonds maturing on and after December 15, 20, are subject to redemption, at the option of the Agency, on any date on or after December 15, 20, as a whole or in part, by such maturities as shall be determined by the Agency (or, in lieu of such determination pro rata among maturities), and by lot within a maturity, from any available source of funds, at a redemption price equal to the principal amount of the Series 2017A Bonds to be redeemed, together with accrued interest thereon to the date fixed for redemption, without premium. The Series 2017B Bonds maturing on or before December 15, 20 are not subject to optional redemption prior to maturity. The Series 2017B Bonds maturing on and after December 15, A-2 20, are subject to redemption, at the option of the Agency, on any date on or after December 15, 20, as a whole or in part, by such maturities as shall be determined by the Agency (or, in lieu of such determination pro rata among maturities), and by lot within a maturity, from any available source of funds, at a redemption price equal to the principal amount of the Series 2017B Bonds to be redeemed, together with accrued interest thereon to the date fixed for redemption, without premium. Mandatory Sinking Account Redemption. The Series 2017A Bonds maturing on December 15, (the " 2017A Term Bonds"), are subject to mandatory redemption from sinking account payments set forth in the following schedule on December 15, , and on each December 15 thereafter, to and including December 15, , at a redemption price equal to the principal amount thereof to be redeemed (without premium), together with interest accrued thereon to the date fixed for redemption; provided, however, that if some but not all of the 2017A Term Bonds have been optionally redeemed, the total amount of sinking account payments to be made subsequent to such redemption shall be reduced in an amount equal to the principal amount of the 2017A Term Bonds so redeemed by reducing each such future sinking account payment on a pro rata basis (as nearly as practicable) in integral multiples of $5,000, as shall be designated pursuant to written notice filed by the Agency with the Trustee. Sinking Account Redemption Date (December 15) (maturity) 2017A Term Bonds Principal Amount To Be Redeemed The Series 2017B Bonds maturing on December 15, (the " 2017B Term Bonds"), are subject to mandatory redemption from sinking account payments set forth in the following schedule on December 15, , and on each December 15 thereafter, to and including December 15, , at a redemption price equal to the principal amount thereof to be redeemed (without premium), together with interest accrued thereon to the date fixed for redemption; provided, however, that if some but not all of the 2017B Term Bonds have been optionally redeemed, the total amount of sinking account payments to be made subsequent to such redemption shall be reduced in an amount equal to the principal amount of the 2017B Term Bonds so redeemed by reducing each such future sinking account payment on a pro rata basis (as nearly as practicable) in integral multiples of $5,000, as shall be designated pursuant to written notice filed by the Agency with the Trustee. Sinking Account Redemption Date (December 15) (maturity) 2017B Term Bonds A-3 Principal Amount To Be Redeemed EXHIBIT B SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY TAX ALLOCATION REFUNDING BONDS, SERIES 2017A FORM OF ISSUE PRICE CERTIFICATE The undersigned, on behalf of Stifel, Nicolaus & Company, Incorporated ("Stifel") hereby certifies as set forth below with respect to the sale and issuance of the above -captioned bonds (the "Bonds"). 1. Sale of the General Rule Maturities. As of the date of this certificate, for each Maturity of the General Rule Maturities, the first price at which at least 10% of such Maturity was sold to the Public is the respective price listed in Schedule A. 2. [Initial Offering Price of the Hold -the -Offering -Price Maturities. (a) Stifel offered the Hold -the -Offering -Price Maturities to the Public for purchase at the respective initial offering prices listed in Schedule A (the "Initial Offering Prices") on or before the Sale Date. A copy of the pricing wire or equivalent communication for the Bonds is attached to this certificate as Schedule B. (b) As set forth in the Bond Purchase Agreement, dated , 2017, by and among Stifel and the Successor Agency to the Temecula Redevelopment Agency, Stifel has agreed in writing that, (i) for each Maturity of the Hold -the -Offering -Price Maturities, it would neither offer nor sell any of the Bonds of such Maturity to any person at a price that is higher than the Initial Offering Price for such Maturity during the Holding Period for such Maturity (the "hold -the -offering - price rule"), and (ii) any selling group agreement shall contain the agreement of each dealer who is a member of the selling group, and any retail distribution agreement shall contain the agreement of each broker-dealer who is a party to the retail distribution agreement, to comply with the hold -the - offering -price rule. Pursuant to such agreement, no Underwriter (as defined below) has offered or sold any Maturity of the Hold -the -Offering -Price Maturities at a price that is higher than the respective Initial Offering Price for that Maturity of the Bonds during the Holding Period.] 3. Defined Terms. (a) General Rule Maturities means those Maturities of the Bonds listed in Schedule A hereto as the "General Rule Maturities." (b) [Hold -the -Offering -Price Maturities means those Maturities of the Bonds listed in Schedule A hereto as the "Hold -the -Offering -Price Maturities." (c) Holding Period means, with respect to a Hold -the -Offering -Price Maturity, the period starting on the Sale Date and ending on the earlier of (i) the close of the fifth business day after the Sale Date ( , 2017), or (ii) the date on which Stifel has sold at least 10% of such Hold -the -Offering -Price Maturity to the Public at prices that are no higher than the Initial Offering Price for such Hold -the -Offering -Price Maturity.] B-1 (d) Issuer means the Successor Agency to the Temecula Redevelopment Agency. (e) Maturity means Bonds with the same credit and payment terms. Bonds with different maturity dates, or Bonds with the same maturity date but different stated interest rates, are treated as separate maturities. (f) Public means any person (including an individual, trust, estate, partnership, association, company, or corporation) other than an Underwriter or a related party to an Underwriter. The term "related party" for purposes of this certificate generally means any two or more persons who have greater than 50 percent common ownership, directly or indirectly. (g) [Sale Date means the first day on which there is a binding contract in writing for the sale of a Maturity of the Bonds. The Sale Date of the Bonds is , 2017. (h) Underwriter means (i) any person that agrees pursuant to a written contract with the Issuer (or with the lead underwriter to form an underwriting syndicate) to participate in the initial sale of the Bonds to the Public, and (ii) any person that agrees pursuant to a written contract directly or indirectly with a person described in clause (i) of this paragraph to participate in the initial sale of the Bonds to the Public (including a member of a selling group or a party to a retail distribution agreement participating in the initial sale of the Bonds to the Public). ] The representations set forth in this certificate are limited to factual matters only. Nothing in this certificate represents Stifel's interpretation of any laws, including specifically Sections 103 and 148 of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations thereunder. The undersigned understands that the foregoing information will be relied upon by the Issuer with respect to certain of the representations set forth in the Tax Certificate and with respect to compliance with the federal income tax rules affecting the Bonds, and by Stradling Yocca Carlson & Rauth in connection with rendering its opinion that the interest on the Bonds is excluded from gross income for federal income tax purposes, the preparation of the Internal Revenue Service Form 8038- G, and other federal income tax advice that it may give to the Issuer from time to time relating to the Bonds. Dated: , 2017 STIFEL, NICOLAUS & COMPANY, INCORPORATED By: Name: B-2 SCHEDULE A SALE PRICES OF THE GENERAL RULE MATURITIES [AND INITIAL OFFERING PRICES OF THE HOLD -THE -OFFERING -PRICE MATURITIES] (Attached) B-3 SCHEDULE B PRICING WIRE OR EQUIVALENT COMMUNICATION (Attached) B-4 EXHIBIT C SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY TAX ALLOCATION REFUNDING BONDS, SERIES 2017A AND SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY TAXABLE TAX ALLOCATION REFUNDING BONDS, SERIES 2017B RULE 15c2-12 CERTIFICATE The undersigned hereby certifies and represents to Stifel, Nicolaus & Company, Incorporated (the "Underwriter") that the undersigned is a duly appointed and acting officer of the Successor Agency to the Temecula Redevelopment Agency (the "Agency") authorized to execute this Certificate, and further hereby certifies and confirms on behalf of the Agency to the Underwriter as follows: 2017. (1) This Certificate is delivered to enable the Underwriter to comply with Securities and Exchange Commission Rule 15c2-12 under the Securities Exchange Act of 1934 (the "Rule") in connection with the offering and sale of the above -captioned bonds (the "Bonds"). (2) In connection with the offering and sale of the Bonds, there has been prepared a Preliminary Official Statement, dated [ , 2017], setting forth information concerning the Bonds and the Agency, as issuer of the Bonds (the "Preliminary Official Statement"). (3) As used herein, "Permitted Omissions" shall mean the offering price(s), interest rate(s), selling compensation, aggregate principal amount, principal amount per maturity, delivery dates, ratings and other terms of the Bonds depending on such matters and the identity of the underwriter(s), all with respect to the Bonds. (4) The Preliminary Official Statement is, except for the Permitted Omissions, deemed final within the meaning of the Rule and has been, and the information therein is accurate and complete in all material respects except for the Permitted Omissions. IN WITNESS WHEREOF, I have hereunto set my hand as of the day of * Preliminary, subject to change. SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY By Authorized Officer C-1 CITY COUNCIL PUBLIC HEARING Item No. 16 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: September 5, 2017 SUBJECT: Consider the Truax Hotel Project Including a Specific Plan Amendment, a Development Plan Application, and a Minor Exception (Planning Application Nos. PA17-0109, PA16-0270, and PA17-1020) PREPARED BY: Eric Jones, Associate Planner RECOMMENDATION: That the City Council conduct a Public Hearing and: 1. Adopt a resolution entitled: RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT, ADOPTING FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE TRUAX HOTEL PROJECT, CONSISTING OF APPROXIMATELY 2.46 ACRES, GENERALLY LOCATED ON THE NORTH AND SOUTH SIDE OF 3RD STREET BETWEEN OLD TOWN FRONT STREET AND MERCEDES STREET (APNS 922-043-002, 922-043-004, 922-043-018, 922-043-024, 922-043-003, 922-043-015, 922-043-023, 922-043-025, 922-044-017, AND 922-044-020) 2. Adopt a resolution entitled: RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SPECIFIC PLAN NO. 5 (OLD TOWN) TO RELOCATE A PORTION OF THE EXISTING HOTEL OVERLAY FOR THE TRUAX HOTEL PROJECT, CONSISTING OF APPROXIMATELY 1.48 ACRES GENERALLY LOCATED ON THE SOUTH SIDE OF 3RD STREET BETWEEN OLD TOWN FRONT STREET AND MERCEDES STREET AND TAKE ACTIONS RELATED THERETO (APNS 922-043-002, 922-043-004, 922-043-018, 922-043-024, 922-043-003, 922-043-015, 922-043-023, AND 922-043-025) (PA17-0109) 3. Adopt a resolution entitled: RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DEVELOPMENT PLAN APPLICATION FOR THE TRUAX HOTEL PROJECT TO ALLOW FOR THE CONSTRUCTION OF A SIX -STORY, APPROXIMATELY 175,677 SQUARE FOOT HOTEL GENERALLY LOCATED ALONG THE SOUTH SIDE OF 3RD STREET BETWEEN OLD TOWN FRONT STREET AND MERCEDES STREET, AND A PARKING STRUCTURE TOTALING APPROXIMATELY 86,117 SQUARE FEET AND CONTAINING APPROXIMATELY 2,846 SQUARE FEET OF GROUND FLOOR SPACE (APNS: 922-043-002, 922-043-004, 922-043-018, 922-043- 024, 922-043-003, 922-043-015, 922-043-023, 922-043-025, 922-044-017, AND 922-044-020) (PA16-0270) 4. Adopt a resolution entitled RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A MINOR EXCEPTION APPLICATION TO ALLOW FOR AN INCREASE IN BUILDING HEIGHT FOR A PARKING GARAGE IN CONNECTION WITH THE TRUAX HOTEL PROJECT (APNS: 922-044-017, 922-044-020) (PA17-1020) BACKGROUND: The proposed project will allow for the development of a hotel and corresponding parking garage on a 1.81 acre site within Old Town Temecula. Applications include a Specific Plan Amendment to relocate a portion of the Hotel Overlay within the Old Town Specific Plan, a Development Plan to allow for the construction of the 151 room hotel and related parking garage, and a Minor Exception to allow for increased building height for the parking garage. These applications are collectively known as the Truax Hotel ("Project"). Staff presented the Project to the Planning Commission on August 16, 2017, with a recommendation that the Planning Commission recommend City Council approval of the Project subject to the Conditions of Approval and Mitigation measures contained within the Subsequent Environmental Impact Report (SEIR). One public comment letter was received the day of the hearing and there were five public speakers for the project at the hearing. Two speakers were opposed, one speaker was neutral, one speaker was in support. The fifth speaker was an attorney representing a property owner that owns property adjacent to a portion of the existing hotel overlay that is proposed to be relocated. The first opposition speaker stated two primary concerns to the Commission. The first concern was related to building height. The speaker stated that building height was never discussed at the July 17, 2017 Old Town Local Review Board hearing. He also stated that in his opinion the Old Town Specific Plan is being "gutted" to fulfill the needs of individual projects. He indicated that he is not in support of the Specific Plan Amendment to relocate a portion of the Hotel Overlay. The second opposition speaker indicated that she was not in support of another hotel in Temecula. She indicated that a shuttle system should be created that will transport people between existing hotels and Old Town. The speaker also expressed concerns related to waste and traffic that will be generated by the hotel. The neutral speaker represented the Temecula Valley Historical Society. The primary concern of this speaker was with preserving the memory of the Butterfield Square structure. This structure will be demolished once the hotel begins construction. The Commission voted to add a Condition of Approval to the Project requiring the applicant to create a way to commemorate the Butterfield Square building within the hotel. The speaker also indicated that she did not receive a notice about the project when it was submitted. Finally, the property owner attorney reiterated two questions/concerns previously discussed with staff. First is clarifying language regarding the fact that the Old Town Specific Plan Hotel Overlay allows for more than one full service hotel. Staff indicated that the overlay does allow for more than one full service hotel. Second, the attorney requested further clarification regarding a title issue surrounding private ownership of Front Street. Staff was previously made aware of this question and is working with the City Attorney to provide clarification. Commissioner Guerriero expressed two concerns with the project. First, Commissioner Guerriero inquired as to the expected completion date of the parking garage. The applicant indicated that the garage will be completed prior to Certificate of Occupancy. Commissioner Guerriero stated that he would like a Condition of Approval (COA) added to the Project to memorialize that the parking structure must be completed prior to occupancy of the hotel. The Commission voted to add this COA. Second, Commissioner Guerriero wanted to know about the building's height relative to Fire access. Elsa Wigle, Assistant Fire Marshal, indicated that the building height is below the 75 -foot height requirement that triggers high rise standards per the California Fire Code. Therefore, Fire access for the Project as designed meets code requirements. FISCAL IMPACT: None ENVIRONMENTAL: A Draft SEIR concerning he project was prepared in accordance with the provisions of the California Environmental Quality Act (CEQA). The City Council must certify the a Final SEIR for the Project, including Findings of Facts in Support of Findings, a Mitigation Monitoring and reporting Program and Statement of Overriding Considerations for noise impacts related to Greenhouse Gas Emissions and temporary construction noise/vibration. ATTACHMENTS: 1. Plan Reductions 2. City Council Resolution Certifying Subsequent Environmental Impact Report and Adopting Statement of Overriding Considerations Exhibit A - Findings of Facts in Support of Findings Exhibit B — Mitigation Monitoring and Reporting Program Exhibit C — Statement of Overriding Considerations 3. City Council Resolution Specific Plan Amendment Exhibit A — Proposed Specific Plan Amendment 4. City Council Resolution Development Plan Exhibit A — Conditions of Approval 5. City Council Resolution Minor Exception Exhibit A — Conditions of Approval 6. Planning Commission Resolution Recommending Certification of the prepared SEIR 7. Planning Commission Resolution Recommending Approval for a Specific Plan Amendment 8. Planning Commission Resolution Recommending Approval for a Development Plan 9. Planning Commission Resolution Recommending Approval for a Minor Exception 10. Planning Commission Staff Report Dated August 16, 2017 11. Draft SEI R (https://temeculaca.gov/362/Environmental- Review-CEQA) 12. Final SEIR (https://temeculaca.qov/362/Environmental- Review-CEQA) 13. Public Correspondence 14. Notice of Public Hearing TRUAX HOTEL 28690 OLD TOWN FRONT STREET TEMECULA, CA 92590 TRUAX DEVELOPMENT 07- 13- he w.M p.n w PR -T ZOMM DTC LAND I.. Mk .11TOMONT IMMarni 1.400 8 YIDialtln /FCOOMILn.L DAMAN mom. wrftwe ....NrLM Nu SLLMHO AIM Merc w TMERFEDE,S STREET (.."*A 1Fi r1 finalmum kg EOM ' ■®,� II�.,�,r[[■• 24111 OMB ■■� +i.ri. Mel EMI iuI' AU =NOR rocka • Inom !nil" wino= EIN • 'R I \ r ■ IMM 11.1 I"21I_ a SECOND FLOOR ($TREET LEVEL) 204.1.1.M111 OTC LAO DIONM THIRD STREET .14 1122MD-MM P.M*. Mdfoldi w vJ ,�..I ll�11rrfrf 1I`i�It nll�rly..LL! a I[Ilrlilll -_ ���'II3�_�lallll l l `311:Ifl�il�l(III�Iitirl �ilE1l it IPIIIi 4,1I1;il l II� OLD TOWN FRONT STREET OTC LDING INFORMATION CONTACTS SITE ADDRESS N um. .aaal. were d. 17.1300.. mom. small. oow. ▪ ..1u... m.11.w. =omen USE ▪ .wrvu.r TTEx use ▪ .Lm[es PLAN LAND USE: mu mcdcmAd COL G• GNST161CTION. ERR LOAD: AREA: MW W EICAIT: DISTRICT INDEX TO DRAWINGS ARCHITECTURAL. ad.MdT COMICT.�e++' 4i.,• CALMAT., OVOL111 PL. vM.. was _r r GENERAL. GIXTIZA TC% dlIgt MOM., VT imit .T.r .e MM.• MmlZcar�nM .L.. 1.04.4 Iddm MOM MAN Ag▪ ppTEcr. ..u..n1.1.20 MTN MOM MIN • wa.arr.1.a:..m .e.. NOAA NOWMD XL DM MITI MP •TOMIlm. mom DESIGN ARCHITECT: a.e ...qN Iscram. ▪ OLD fax AN or. man .a LANDSCAPE. LANDSCAPE ARCIITTECCT. 10.0ATOM DITETINEM slid NOM u MMOMMO CIVIL ENGINEER: M IMOD =arr. MCI. COMMO PROJECT CALCULATIONS AMA r: 1,471EL SETS CIVIL, nLLL.mu.r a.01. ATEA ANALY6I6: STALLS/ ACCESSIBLE. AREA ANALYSIS: GROSS AREA: NM le. 2,0 LMSL MD LEV. 6114 213 GSA E CAR MmdmmT A Wm ad OM. ROM MCC. RCM. ALM MCC. MIlla FLOM 6,41 MI M. FLOM Mil IA M. TOTAL 115, Ell SF .. ". 25, 661 SF Naw Mme.. rt. lol 550 5F-4 ,.DIEL PAR om suo 'wW T STALL M WALLS A ROM AIAAJ l'6IS ems INS RUMMEL eA MIL nom TYINAL wen NOTES: MM. MONT. OM MOId .17 ALM caML ® ▪ MI mom Lw,. vs., eaan Teel sumo. NO▪ T IMO • MAIMI IMO &MM. Mr MM. MAMA. .rnr e�•a«o... .a.rT �.o... Yme.aaw.zt....M...ewMIMIL ems... ""." DIA MOD NM ® w4mac eS, MOT MD .CPMDCAL on mon ...�s..1.r.. ®•a mo ® PM. .wroL.e.M.FLA. a.. sn:..w.ur,.. cAM 1.11 . OW ma. wow r..Asue :s..w...a1.•mLLu.sn. MTDM•mrod mom mom. • ....e...sDM MAIM. •Waso2 • TO 4.17.1 M RAN p ®,ear.. ® Worm .wOMMICATICM .w c.S.LLS..r.. • C•11 WU. TTAraMOM DM ADO= 1.10.11 PROJECT INOE INFO d SITE PLAN PR -1 FIRST FLOOR PLAN • e fv a"c. oda ti o"nx rz" °v° °n° °CI°rryy�",,a� h ' q t) c4, 6i14 0 BBASEMENT FLOOR PLAN nr..c r.v. ss.nr no� IA Mir.. ¢1.^ A OwYed BASEMENTS FIRST FLOOR PLANS PR -2.0 THIRD FLOOR PLAN ()SECOND LWR PLAN 1•••• 01••••• ww.c iwa x.00mw 07-11 e e..0•. 1000• 0.4.01 SECOND AND THIRD FLOOR PLANS PR -2.1 OFIFTHFLOORPLAN O FOURTH FLOOR PLAN n.MIN3 .snnam ti) +.•a. 9.. w y.a.a FOURTH AND FIFTH FLOOR PLANS PR -2.2 ROOF PLAN Im I SIXTH FLOOR FiX•010 21•117d. I. 1 SIXTH FLOOR AND ROOF PLA PR -2.3 FIE1117.41[101L111111411M Em4+"'_^'.'MMEM�llllllli�n�! -. ui a �a -r . 11 ` •:.ti�4ia- :; .IfIfes. C] II a 0 a WI cy NEO N ELEVATION �IIIINNI�I�I�nVIVVlIIp��:'��P V _-..__^ ;;. s.° -°,: Elhi iliilv EAST ELEVATION OLJ RUTH ELEVATION KEYNOTES: EXTERIOR FINISH El • MN K1.... cx El ..,gym= ...=_--_ ,a,.. • 01.4 Issoseue.e • 01.0 mien aeweea-MEMno..e [7 wuamemm-m®mlea. M.e E ea mamma mum a one. swamp oc.rneeua E • .at_____ yoem ..-coat a .m. moo..owe ecee I ercam.« El RUM WKS, PCMI•I coswane ammo. E • mare ow memo ae.wwwo.ee - oora .us E p • poen two. lour © • <DOCITZIA .vc or rt w. t Da • woe .solemree¢mm-.•201n.a...a.�eu+.wa.....e NOTES: ACLIALINT 41.0L WIN TO GIN. CM ILLITIM,4214 inal101 1..11 RCM AELLIRG MINIS FELATIVI 10 Ile LORST F11.1. e... n...� ..r. siw..K PLIMOCI 27 We x.., Pow. w SO Me HOTEL ELEVATIONS PR -2.4 --: ? 0 (1) T 49 1 T T 1 1, . ..... A .... . _ mum ,,,., .,,.,„0 •,,ii! -, v-.. -,15i • .., 'T 1. 1 el M. i ..,,, i'a -•1 ..J ....--,,, 1 .1.116.0..... 4 _ • • lel ,* rn: _LIE41.. — ..j. To .... - +. .1 1=1 • I gr "4-ij...:' Iturtr-...M-an2' ...- . b— _1=1 • I ii ra . • ii I s 1 t ii• /i/ 4 'OM 7/. • • 147 4, Hil • „ 0 4141 II , . Mi. TO A% - '-.--'• /''," X!..1Fi WW1 Td_ 0 .7 .7 7 .; LUZilir; - --'+------®" iii,iil -m„, .1 ,. 4) :,..„,,..„. ..„...., __.. ... ti MIMI .Th 0 0 TIMID Marl. LEVEL 1 21 140021241 STALLS i LEVEL 4 4,4 66620. 6.1.141.6 01 49 1 T T 1 1, _ . _ .. MI IIMIj 11 4•1, . 1 el M. i -•1 ..J ....--,,, 1 .1.116.0..... • lel ,* rn: - +. .1 •t .._ . _...... __@ 41, i . MI „ IMI. II , . Mi. TO A% - . , !I6 _ .1E Td_ ,,,T, i .7 .7 7 .; .---; - --'+------®" 1 1 4) ti LEVEL 2 014.014a wow) LEVEL 5 46 P#C61 61,41,6 4..T No••• LEVEL 3 0.4010.0. 64.6-1.6 4 LEL 6 6 0.1Sms 1TALL.6 TOTAL PARKING:213 SPACES 444 64. 6.446 16,6 07-11 1,49•1K1 oe-aa. N6616 -- Pm. We PLANS 1-6 rl.1.51-H PR -3.0 01 1 .. MI IIMIj Mt 4•1, . 1 el M. i .1.116.0..... • lel rn: •t 41-E ' MI „ IMI. II , . Mi. TO A% !I6 _ .1E 'a: _._._ 1 1 4) LEVEL 5 46 P#C61 61,41,6 4..T No••• LEVEL 3 0.4010.0. 64.6-1.6 4 LEL 6 6 0.1Sms 1TALL.6 TOTAL PARKING:213 SPACES 444 64. 6.446 16,6 07-11 1,49•1K1 oe-aa. N6616 -- Pm. We PLANS 1-6 rl.1.51-H PR -3.0 11•04111-1 ELEVATION 0NORTH ELEVATICN • TAP ilate 4 w-cr p -92 - AI ne r Cad N. 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WRENS 'WING AND e1110ES TO 5E AIEAWATED WY 111i RYCLOER' a ROAIOIWONT OF CILIUM/ M3GNON THE WO MN AGREES M RDINMM OW5O9RP 0 ALL CO114AL MO = INCLUDING ALL AT IIKOLO 1GL /EINEM THAT ARE POM ON INE MACE MEA TO RE KNMMA ONE ■01 HOER 11KAIWEI NO 0194091101.• a M05VA2p O Lamm )Ra M. Saco 5110 Af0 TO ■ AfO®40) 77107'RP 7 Nwl ON 05 WELDS OWI�/W0 911 5211 L Iwl to OCW7s44.99 111E 40-0095(0 MIMIC )pea. 116 11130 SOME IN * 00a Oft WONT w 40W 75.45, NSW* 57. 000 A,'p.OM7 loft" MAT PAL, s W4NE1W rift Oft +M110 NANO 00114000 YO MOO CIES 5.. 104 swepMlF SIMS 5 FK WW2 0 tM W4K100.5 b M1001N4 p25 All 74097 0.1-955. BCL at IMEEGI w0' WS 1C INSO 4115)11151300 H2C4 PLAT U0 OWO. Mf11ML N M,MKAnO Ose WO: Tuft TO R AMOR* X1111104.1)1[ NOME 1K 590012!24)511 1025) a+01 f Kum. WOft•O 75001 MOB ¢ P0pW0 TR CRMIO! 00 *0 EARA MEXWRI 9EY AOT WM0 OLewl 'M NII11.W WWW 040. O 04040 R! Mac. 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WADI. l� ONYS1T,11 PMV1C COADCC I.4109CAR/10l1 •' 5001 QUER 4040)004 SLR, 0 001010444 ADA 1141+ 770 100017 NAR 011517.11 10' 780 DIEL) PFE G7 71L. 40' PIC LKIR4 NL[ Q W41404 C PVL !IRAN PIE NISTAL.L 04 r CAI 2MPR Q NV ALL 24721' MONS 750010 7 Tau seer W5PO4 bN55AC1 00501 Ed Diftt UOF YY 007054100FWu11.00 13am ON W I S a�ZnESTM I Sw W. L*AL OII 0 W4myDT 4' GLIDER PER DFTAE 00 9E31 0 ca 1,455 40 RR R Mae 0 4' OA 55001 5EAW M4NH0E SCALE 9000019. Y•.p' VERNON NA 099500 91 I MATO W. 1 SIALWARDS ALL MORN SHALL CONFORM TO THE RE001004 5475 0 ME CURRENT FUTON Cr 714E OTTS RO 004051ST STANDARD 04454005 OR PUBLIC NONE CCNS7AIM110H (AND SUBSEQUENT NIMINE1415, THE ONS EN0wERNG AND O 107040704 MANUAL ON Od0E5 AND RELIIREY04774 2. 042200704 W1)4035T *AWE (AN511EAIND MAOVNE IS NOT ACCEPTABLE): CONTACT ROSS LAMSON (RESPONSIBLE PERSOY/OELELO'ER) (COMPANY) (24-14R NOME RIMER) Pee. (REMOVABLE PERSON CONTRACTOR) (COMPANY) (24-1)0 PHONE NUMBER) 1 4O11F RrnNI7 RIEAICIn4U MOOR TO START 0 ANY 11041. A BUWPPM LICENSE MALL BE OBTAINED TROD 1147 OTT. Ix A GRADRI0 PEROT 9911 BE OBTAINED, PRIOR TO ANT MOL) ON MINN DEVELOPMENT. DIE PERMIT AND AN APPROVED SFT OF IMPROVEMENT PLANS MUST BE PRESENT AT ME JOBSTE DURING CONSTRUCTION 4 0111281_147AESSICIN5 APPROVAL OF THESE PLANS BY THE ON DOES NOT RELIEVE TI APPLICANT AND 7905.5)) OF RECORD FROM 7)47 RESPONSbILIN FOR ME CORRECTION 0 ERRORS OR O959OI5 DSCOLEREO 01.9)00 COLSTRUCTOL. 5 400+ryO- 1U PRS ON ORDINANCE NO. 04-21) STATES THAT NO PERSON SHALL (NI/a- N 0.4 03014C2 COP1S11:OOV ACTn1E5 MEN NE NEINOWCTICIN MR el M▪ AN PW-U41TRR (7 A NE 0 AM 0.O^ M.0. RONATIVOT. 0'!008 LK MARS 0 AM FEf 409 Fi! A5 409110' 'OAKUM T525Y Rd 954+1 16,4 NAME N OR 000)40T CONSTRUCTION ACDNTY NEVEM RE HOURS 0 MOD AN AND 5:30 FM ON SATURDAY. NO CONSTRICTION ACTIN SHALL BE UNDERTAKEN ON SUNDAY AND NATIONALLY RECONZE0 ROMAN. 5. 11155.0407 ff£131110311-6236CCJILYWICES 111E ISSUANCE 0 A PERMIT BY ME ON 00E5 NOT AMPLY OR PROVIDE ANY CLEARANCES MON STATE OR FEDERAL AGENCIES REGULATING 7K PRON905 0 STATE OR FEDERAL ENDANGERED SPECIES ACTS OR WART MALIN REGULATIONS THE APPROPRIATE CLEARANCES FROM MESE AGENOE5 SHALL BE OBTAINED PRIOR 10 ANY 911 01S7ORBANCE OR MAONG 7. 7W519KTIM NORGE ANY CONSTRUCTION CHANGE MUST BE FIRST 9U2ATIED TO ME ON AS A REDLINE REMSION FOR RENEW AND APPROVAL PRIOR TO 45510151040 TIE CHANGE N THE FIELD. RIFER TO NE 0775 ENGINEERING AND CONSTRUCTION MANUAL 6 WF -CO AINITEMW' 07500 A PRE-00457RUC7NN MEETING SHALL BE SCHEDULED TALO NON DAYS PRIOR TO TE START 0 CONS7RUCT0. 0IRNG CONSIINCIICN, A DEPENDABLE AND RE504911 004MACT01'S REPRESENTATIVE SHALL BE AT THE .LY SITE AT ALL TIMES. 0. 14754170, APPROVAL 0 THESE FUNS BY THE 0TE 0005 NOT CONSTITUTE A REPRESENTATION AS TO TW ACCURACY OR COMPLETENESS 0 ME LOCATION, NOR THE EXISTENCE OR NOL-0001ENCE 0 ANY UNDERGROUND WRITES MORN ME PRIECT AMTS AMY LIMN DAMAGED MATO THE PERFORMANCE OF THE NWA SHALL BE REPAIRED OR REPLACED TO ME SATs4CTNN Cr THE COOPING AGENCY BY T47 CW7RACTOR, AT IMS ENOENSE. IO 010111 UT SHALL BE 744E RESP0N5bUN 0 744E CONTRACTOR TO NOTIFY TIE ENONET Cr RECORD AND TO INSTALL SMUT CENTERLINE MONJMEN75 A5 REDLINED BY THOME COMM OR0NAN(£ NO. 401. WITERLJNE TES SHALL BE PROVIDED TO THE CIN ENWKER, UPON COMPLETION 0 TC PROJECT AND BEFORE ACCEPTANCE 6 GRANTED. ALL EM5040 MOMNENTATR0 (DISTURBED OR DESTROYED DURING 007512000) SHALL BE REPLACED TO ON STANDARDS N ACCORDANCE ▪ M THE LAID SURVEYORS ACT AM THE STREETS AND WW1 C000 AM AS APPROVED BY 114E ON ENGINEER. UPON REOUE57,, SURVEY CUTS 5ME15 SHALL BE 70020D TO THE ON EHONEER. R OUST )550400 DUST SHALL BE CONTROLLED BY WAIE7N9 OR OTHER METHODS. AS APPROVED BY TRE CIN 15042ER AMD SHALL =PLY MM SOUTH COAST AK MALIN MANAGEMENT ENTICES (5CA00) RPE 401 O. 204519404514 110I TE A 9O FOOT 04414 1JNK FENCE S REPINED ON ALL 00151WAL 119 COBEROA1 PROMO IRR ROOF SY51EM5 ARE CO PLET10 OR A5 DEEMED NECESSARY 0.1 TE ON MONTT FOR )RIG SAFETY TIE 44047ENANCE 0 ME FEW 15 114E SERE RESPOV9NL)71 0 ME 0047RACTOR. 13, 9PFr1MNc ALL RON PERFON4D PHNOM PROPER NS PECTON NNW THE ON MAYBE 511.EC1 TO RGLCIMN. SITE ADDRESS 8N:1:RC=I ErifT 1065 11)0 STREET 4100' MIN SHEET PEVA NAPPED FLOODPLAIN SPECIAL ROW HAZARD AREA PAWL 3095 0 3803 MM ET750080 DATE AUGUST 28, 2008 MM Na 05013032554 910)5 111E EINE 9TE 15 LOCATED ounce 0 MAPPED 700 NAR SPEOL ROOD HAZARD AREA GRADING EARTHWORK 07004 (ASPM 04404" ORINEE0e DENIM AIV. 2075WMA1 a 90701) 017 MOW CY WE UM CY LEGAL DESCRIPTION FML 201 C FEL 0 CY WRAP 17,200 C EVERT: P200 051 WA 119EST EEPDe1' MO E1 REAL PROPERTY M PR PROTRACTED EGO N 12 WSW e SOI4 TAR¢ 3 RST 0 DE 3M 104000BIS NO KIRLN N TE CITY O 7EIEOSA MANY Cr MMBTIES 5MOE4 ARE FOR KW?' NRP035 97000 Si R 0 (500745. 0512IID AS FMIMS BASED UPON 0 70004CE5 N EXIS7NG AND HWM- ITE I TERIW ]2 NO531E, N flMY b f LO15 PRDOSED 0160. S OA.Y, ANO 1 NDi OERUO0 a NeO16H V A AS S M 0 IOW 0 40004 A TIE SUe- TAILMI7* E GRADING AASN7IGE OR OIKR CITY 0 RIEOIA AS SRM 01 au. era= sow AD.ITSM ARI TE GRAONC C100SED P SHALL TS PALE 0 M i CONN 0 SN aM SIRE VERIFY OIANTTES FOR DO PIIRNYS =raw 07000 0E NAAS wwARA 00 NW 9-571110001 Or YEMEN L CUENCA RCE NO 343¢1, 9KPKES: 4/60/15 TE000404 m BY: 001E: ACCEPTED BY: BATE: PATEN MINAS PE DIRECTOR 0 75HTC NORIS/CJ1 ENGINEER RCE 440 44223 CIN OF TEMECULA STATE TAM RESOURCES CONTROL BOARD PERMIT NO. RSC LEVEL- T 050 0047407 NE OR L COREA EXP. SEPT. D3 2017 CER7ECAIE / 2053B pROJECT AREA 0055)5 111154.00 MO, AI AL 111 AO' PMI0LG 511NCTWE: 0.40 AC 0.40 M APN NO. 022-043-002 022-041-003 022-043-004 022-013-013 922-00-018 222-043-023 022-043-024 022-041-023 922-044-017 022-044-020 OWNER MAMA NOTE. PARTNERS 0.0 TON, LLC DEVELOPER/APPLICANT MUM 004.95OYp17 nom. 720110NS OLD TOM, LLC 41423 SECOND 5THEET. SIZE 401 11450 LA CA, 02310 (157)993-204 4001.' -31sTIIl'14181M2' 0040541 ACCESS. 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COLORED ELEVATION; Yale PR TRUAX HOTEL MISSION REVIVAL COLOR: SJLVDO COLOR: CLAY STANDING SEAM METAL ROOF BERRIDGE (OR EQ) COLOR: ZINC GREY CAST IRON COLUMN COLOR: CHARCOAL STANDING SEAM METAL ROOF BERRIDGE (OR EQ) COLOR: ANTIQUE COPPER COTE PRECAST CONCRETE CDI COLOR: MODERN GRAY WROUGHT IRON RAILING — HOT DIPPED GALVANIZED STEEL COLOR b STYLE: BLACK DECORATIVE STUCCO HEADER NATURAL CONCRETE COLOR WROUGHT IRON RAILING HOT DIPPED GALVANIZED STEEL COLOR b STYLE: BLACK PRECAST•CoIICRETE MODERN GRAY McNEAR BRICK (OR EQ) COLOR & STYLE: SANDMOLD MONTICELLO ARRISCRAFT (OR EQ) SMOOTHIROCKFACE RENAISSANCE, GRAPHITE STUCCO FINISH LA HABRA (OR EQ) CAST IN PLACE CONCRETE CANVAS RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT, ADOPTING FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE TRUAX HOTEL PROJECT, CONSISTING OF APPROXIMATELY 2.46 ACRES, GENERALLY LOCATED ON THE NORTH AND SOUTH SIDE OF 3RD STREET BETWEEN OLD TOWN FRONT STREET AND MERCEDES STREET (APNS 922-043-002, 922-043-004, 922-043-018, 922-043-024, 922-043-003, 922-043-015, 922-043-023, 922-043-025, 922-044-017, AND 922-044-020) 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. On February 22, 2016, Chris Campbell of Walter R. Allen Architect + Associates filed Planning Application No. PA16-0270, a Development Plan. On January 23, 2017, Gary Thornhill, on behalf of the Truax Group submitted Planning Application No. PA17-0109, for a Specific Plan Amendment. On June 30, 2017, Ross Jackson, on behalf of the Truax Group, submitted Planning Application PA17-1020, a Minor Exception. These applications (collectively "Project") were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. Collectively, the Project consists of a relocation of a portion of the existing Hotel Overlay contained within the Old Town Specific Plan to allow for the development of a full service hotel. The Project also includes a Minor Exception to increase allowable building height for a parking garage that will be constructed across the street from the hotel. C. The Project was processed, including but not limited to all public notices, in the time and manner prescribed by State and local law, including the California Environmental Quality Act, Public Resources Code § 21000, et seq. (CEQA) and the CEQA Guidelines, 14 Cal. Code Regs. § 15000 et seq. D. Pursuant to CEQA, the City is the lead agency for the Project because it is the public agency with the authority and principal responsibility for reviewing, considering, and potentially approving the Project. E. On February 8, 1994, the City Council adopted the Old Town Specific Plan (OTSP). In 2010, pursuant to CEQA and the CEQA Guidelines, the City Council amended the OTSP to adopt a form-based code that established development regulations and standards in the Old Town area. On May 25, 2010, the City Council certified the Program Environmental Impact Report for the OTSP (SCH #2009071049). F. CEQA encourages "tiering" EIRs for a sequence of actions so that later EIRs build on information in previous EIRs (Public Resources Code sections 21068.5 and 21093; CEQA Guidelines section 15152(d)). The Project is located within the OTSP area and, therefore, tiers off of the Program EIR for the OTSP. G. Pursuant to CEQA, City staff determined that the Project could have a significant effect on the environment and therefore a Subsequent Environmehtal Impact Report (SEIR) was prepared for the Project. H. On January 12, 2017, in accordance with CEQA Guideline Section 15082, the City published and distributed a Notice of Preparation (NOP) to all agencies and persons that might be interested in or affected by the Project. The NOP was also distributed through the State Office of Planning and Research, State Clearinghouse (SCH # 2017011029). The NOP was circulated from January 17, 2017 through February 15, 2017 to receive comments and input from interested public agencies and private parties on issues to be addressed in the SEIR for the Project. On January 23, 2017, 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 SEIR. I. In response to the NOP, eight written comments were received from various individuals and organizations. These comment letters assisted the City in formulating the analysis in the Draft SEIR. J. Thereafter, the City contracted for the independent preparation of a Draft SEIR for the Project, including all necessary technical studies and reports in support of the Draft SEIR. In accordance with CEQA and the CEQA Guidelines, the City analyzed the Project's potential impacts on the environment, potential mitigation, and potential alternatives to the Project. K. Upon completion of the Draft SEIR in May 2017, the City initiated a public comment period by filing a Notice of Completion with the State Office of Planning and Research on Thursday, April 27, 2017. The City also published a Notice of Availability for the Draft SEIR in San Diego Union Tribune, a newspaper of general circulation within the City. L. The Draft SEIR was circulated for public review from May 2, 2017 through June 15, 2017. Copies of the Draft SEIR were sent to various public agencies, as well as to organizations and individuals requesting copies. In addition, copies of the documents have been available for public review and inspection at the offices of the Department of Community Development, located at City Hall, 41000 Main Street, Temecula, California 92590; the Ronald H. Roberts Temecula Public Library located at 30600 Pauba Road; Temecula Grace Mellman Community Library located 41000 County Center Drive; Chamber of Commerce located at 26790 Ynez Court, Ste. A, and the City of Temecula website. M. In response to the Draft SEIR, the City received eight (8) written comments from various agencies, individuals, and organizations. In compliance with CEQA Guidelines Section 15088, the City prepared written responses to all comments. None of the comments presented any new significant environmental impacts or otherwise constituted significant new information requiring recirculation of the Draft SEIR pursuant to CEQA Guidelines Section 15088.5. Those comments and the Response to Comments, together with the Draft SEIR, the Errata to the SEIR, and the Mitigation Monitoring and Reporting Program, constitute the Final Subsequent Environmental Impact Report (Final SEIR). N. Pursuant to Public Resources Code Section 21092.5, at least 10 days prior to certification, the City prepared and provided the Final SEIR, including responses to comments, to the public and all commenting public agencies. O. On August 16, 2017, the Planning Commission held a duly notice public hearing to, consider the Project and the Final SEIR, at which time City staff presented its report and interested persons had an opportunity to and did testify regarding this matter. P. Following consideration of the entire record of information received at the public hearing and due consideration of the Project, the Planning Commission adopted Resolution No. 17-31 recommending that the City Council certify the Final SEIR prepared for the Truax Hotel, adopt Findings pursuant to the CEQA, adopt a Statement of Overriding Considerations, and adopt a Mitigation Monitoring and Reporting Program for the Project. The Planning Commission also adopted Resolution Nos. 17-32, 17-33, and 17-34, thereby recommending that the City Council take various actions, including adoption of a Specific Plan Amendment, Minor Exception, and Development Plan related to the approval of the Project. Q. Section 15091 of the State CEQA Guidelines requires that the City, before approving a project for which a SEIR is required, make one or more of the following written finding(s) for each significant effect identified in the Final SEIR 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 SEIR; 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 SEIR. R. These required written findings are set forth in Exhibit A, attached hereto and incorporated herein by reference as if set forth in full. 1. Environmental impacts identified in the Final SEIR as no impact or less than significant and do not require mitigation are described in Sections IV and V, respectively, of Exhibit A. 2. Environmental impacts, or certain aspects of impacts, identified in the Final SEIR as potentially significant, but that can be reduced to less than significant levels with mitigation, are described in Exhibit A, Section VI. 3. Environmental impacts identified in the Final SEIR as significant and unavoidable despite the imposition of all feasible mitigation measures are described in Exhibit A, Section VII. 4. Alternatives to the Project that might eliminate or reduce significant environmental impacts are described in Section VIII of Exhibit A. S. CEQA 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 B, and is herein incorporated by reference as if set forth in full. T. CEQA Guidelines Section 15093 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. The Statement of Overriding Considerations is attached hereto as Exhibit C, and is incorporated herein by reference as if set forth in full. U. Prior to taking action, the City Council has heard, been presented with, reviewed, and considered the information and data in the administrative record, including the Final SEIR, the written and oral comments on the Draft SEIR and Final SEIR, responses to comments, staff reports and presentations, technical studies, appendices, plans, and all oral and written testimony presented during the public hearings on the Project. V. 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. Section 2. Substantive Findings. The City Council of the City of Temecula, California does hereby: A. Declare that the above Procedural Findings are true and correct, and hereby incorporates them herein by this reference as though set forth in full. B. Find that agencies and interested members of the public have been afforded ample notice and opportunity to comment on the Final SEIR and on the Project. C. Find and declare that the City Council has independently considered the administrative record before it, which is hereby incorporated by reference and which includes the Final SEIR, the written and oral comments on the Draft SEIR, responses to comments incorporated into the Final SEIR, staff reports and presentations, and all testimony related to environmental issues regarding the Project. D. Find and determine that the Final SEIR fully analyzes and discloses the potential impacts of the Project, and that those impacts have been mitigated or avoided to the extent feasible for the reasons set forth in the Findings attached as Exhibit A and incorporated herein by reference, with the exception of those impacts found to be significant and unmitigable as discussed therein. E. Find and declare that the Final SEIR reflects the independent judgment of the City Council. The City Council further finds that the additional information provided in the staff reports, in comments on the Draft SEIR, 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 SEIR under CEQA. None of the information presented has deprived the public of a meaningful opportunity to comment upon a substantial environmental impact of the Project or a feasible mitigation measure or alternative that the City has declined to implement. F. Certify the Final SEIR as being in compliance with CEQA. The City Council further adopts the Findings pursuant to CEQA as set forth in Exhibit A; adopts the Mitigation Monitoring and Reporting Program attached as Exhibit B; and adopts the Statement of Overriding Considerations as set forth in Exhibit C. 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 SEIR 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 C, by itself, would individually justify proceeding with the Project despite any significant unavoidable impacts identified in the Final SEIR or alleged in the record of proceedings. G. The City Council hereby imposes as a condition on the Truax Hotel Project each mitigation measure specified in Exhibit B, and directs City staff to implement and to monitor the mitigation measures as described in Exhibit B. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 5th day of September, 2017. Maryann Edwards, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA I, Randi Joh!, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 17- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 5th day of September, 2017 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. ("Guidelines") provide that no public agency shall approve or carry out a Project for which an Environmental Impact Report ("EIR") 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: 1. Changes or alterations have been required in, or incorporated into, the Project, which avoid or substantially lessen the significant environmental effects identified in the EIR. 2. 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. 3. Specific economic, social, or other considerations make infeasible the mitigation measures or Project alternatives identified in the EIR. Pursuant to the requirements of CEQA, the City Council of the City of Temecula ("Temecula" or "City") hereby makes the following environmental findings in connection with the proposed Truax Hotel Project (the "Project"). These findings are based upon written and oral evidence included in the record of these proceedings, comments on the Draft Subsequent EIR (SEIR) and the written responses thereto, the Final SEIR, and reports presented to the Planning Commission and the City Council by City staff and the City's environmental consultants. 11. Project Objectives. As set forth in the SEIR, the objectives of this Project (the "Project Objectives") are as follows: A. Provide an upscale lodging facility that will service both residents and tourists visiting Old Town Temecula; B. Provide additional conference room facilities within Old Town Temecula; and C. Create an aesthetically compatible development and minimize impacts to neighboring properties by designing with high quality architecture and signage. A-1 III. Background. In 2010, the City of Temecula certified the Old Town Specific Plan (OTSP) Program EIR ("Program EIR") which evaluated an amendment of the original OTSP. The purpose of the Amendment was to enhance design guidelines and encourage residential development within the Old Town area. The 2010 document served as a Program EIR for the OTSP that established development parameters, provided land use areas, but did not propose or evaluate any specific project development, since the exact development proposals for future projects, such as the proposed Project, were not yet known at the time. The Project proposes to develop a six -story boutique hotel, including 151 guest rooms and a basement, and a six -story, 219 -stall parking garage in Old Town Temecula, on the 1.8 -acre Project site. The proposed Project site is located within the Old Town Specific Plan (OTSP) area and is located in the Downtown Core District (DTC) along Third Street between Mercedes Street and Old Town Front Street. A Development Plan Review would be required for development of the Project. The proposed Project would require approval of a Specific Plan Amendment (SPA) to the OTSP in order to relocate a portion of the Hotel Overlay (HO) that is currently sited approximately 200 feet southeast of the Project location. The SPA would relocate approximately 61,569 SF of the DTC zoning district at the intersection at First Street and Front Street. The SPA would then shift 61,569 SF of that zone to the proposed hotel site and rezone the area as DTC/HO zoning district. In addition, the proposed Project would require the approval of a Tentative Parcel Map in order to: (1) merge the two existing parcels into one parcel on the north side of Third Street for development of the parking structure and (2) merge the eight existing parcels into one parcel on the south side of Third Street to allow development of the hotel. Effects Determined to Be Less than Significant/No Impact in the Initial Study for the Program EIR and in the SEIR. The City of Temecula issued a Notice of Preparation ("NOP") and in the course of the environmental review, the Project was found to have no impact in certain impact categories because a Project of this type and scope or in this location would not create such impacts or because of the absence of Project characteristics producing effects of this type. The impact areas discussed below were found to be less than significant or have no environmental impact in the Initial Study for the OTSP Amendment, and therefore were not evaluated in the 2010 OTSP Program EIR or the Draft SEIR for the Project. These impact areas include Agriculture and Forestry Resources, Biological Resources, Mineral Resources, Population and Housing, Public Services and Recreation. A summary of the impact discussions from the resource areas below can be found in Chapter 3.0 of the Draft SEIR. A-2 IV. Effects Determined to Be Less than Significant/No Impact in the Initial Study for the Program EIR and in the SEIR. A. AGRICULTURE AND FORESTRY RESOURCES 1. The Project would not convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance to non-agricultural use. The Project Site does not contain any Forest Land, Prime Farmland, Unique Farmland, or Farmland of Statewide Importance. 2. The Project would not conflict with existing zoning for agricultural use or a Williamson Act contract. The Project Site does not contain any land subject to a Williamson Act contract. 3. The Project would not conflict with existing zoning for, or cause rezoning of, forest land, timberland, or timberland zoned Timberland Production. The Project Site does not contain any type of land zoned for forest land or timberland. 4. The Project would not result in the loss of forest land or conversion of forest land to non -forest use. The Project site does not contain any type of forest land. 5. The Project would not involve any changes in the existing environment which, due to their location or nature, could result in conversion of Farmland to non-agricultural use or conversion of forest land to non -forest use. 6. The Project would not result in cumulative impacts related to agriculture or forestry resources. B. BIOLOGICAL RESOURCES 1. The Project would not have a substantial adverse effect on any candidate, sensitive, or special status species, riparian habitat, sensitive natural communities, or federally protected wetlands. The Project site is located in a developed, urban area and would not impact these biological resources. 2. The Project would not have interfere substantially with the movement of any native resident, migratory fish or wildlife species, wildlife corridors, or impede the use of native wildlife nursery sites. The Project site is located in a developed, urban area and would not impact these biological resources. 3. The Project would not conflict with any local policies or ordinances protection biological resources, such as the City's Heritage Tree Ordinance. A-3 4. The Project would not conflict with the provisions of an adopted Habitat Conservation Plan or Natural Community Conservation Plan, such as the Riverside County Multiple Species Habitat Conservation Plan. C. MINERAL RESOURCES 1. The Project would not result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state or a locally -important mineral resource recovery site. The area is not considered to contain mineral resources of significant economic value and the Project would not result in cumulative impacts related to mineral resources. D. POPULATION AND HOUSING 1. The Project would not induce substantial population growth in the area, either directly or indirectly. 2. The Project would not displace substantial numbers of existing housing or people, necessitating the construction of replacement housing elsewhere. The Project would be developed on non- operational commercial uses and vacant land. E. PUBLIC SERVICES 1. The Project would not result in impacts associated with the need for additional public services from fire protection, police protection, schools, parks and other public facilities. Development of the OTSP area was anticipated in the Final EIR that was prepared for the City General Plan. Therefore, the need for public services was previously analyzed and determined, and no additional facilities would be required as a result of the Project. F. RECREATION 1. The Project does not include or require construction of parks or recreational facilities and would not increase the use of existing parks or recreational facilities such that substantial physical deterioration of the facility would occur. V. Effects Determined to be Less Than Significant Without Mitigation in the SEIR. The SEIR found that the proposed Project will have a less than significant impact without the imposition of mitigation on a number of environmental topic areas listed below. A less than significant environmental impact determination was made for each of A-4 the following topic areas listed below, based on the more expansive discussions contained in the Final SEIR. A. AESTHETICS 1. The Project would not have a substantial adverse effect on a scenic vista, scenic resources, or a State Scenic Highway. The proposed six -story hotel and parking garage could potentially obstruct views of the foothills and ridgelines east of the Project, but the Project site has not been identified as a designated viewshed, nor is it located in the sightline of a nearby viewshed. Furthermore, the Project site is not visible from any State Scenic Highways, and no State Scenic Highways are visible from the Project site. 2. The Project would not substantially degrade the exiting visual character or quality of the site and its surroundings. The hotel development would be consistent with the Old Town Specific Plan design guidelines, architectural character, and surrounding land uses. The Project would likely enhance the visual character of the area because of the high-quality architecture with visually appealing elements, such as improved landscaping and new buildings. 3. The Project, in conjunction with other cumulative projects, would not result in a cumulatively considerable contribution to aesthetic impacts. Cumulative impacts would be less than significant. B. AIR QUALITY 1. The Project would not conflict with or obstruct implementation of an applicable air quality plan. The employment growth associated with the proposed hotel would be within the anticipated growth accounted for in the Southern California Association of Government (SCAG) growth assumptions for the City, and therefore the Project would be consistent with the regional Air Quality Management Plan. 2. The Project would not create objectionable odors affecting a substantial number of people. As a hotel development, it does not include any uses identified by the South Coast Air Quality Management District (SCAQMD) as being associated with odors and any potential sources of odors during construction would be temporary and intermittent in nature. C. GEOLOGY AND SOILS 1. The Project would not expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving rupture of a known earthquake fault. The Project area is located outside of any Alquist-Priolo Fault Rupture Zone. A-5 2. The Project would not expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving seismic -related ground failure, including landslides and liquefaction. The Project site is located on a relatively level area that has a low likelihood of being susceptible to landslides or liquefaction. 3. The Project would not have soils incapable of inadequately supporting the use of septic tanks or alternative wastewater systems. The Project development would deliver wastewater to the wastewater treatment plant in Temecula and would not have use for any septic tanks or alternative wastewater systems. 4. The Project, in combination with existing, approved, proposed, and reasonably foreseeable development in Temecula and nearby areas of Riverside County, would not contribute to cumulative geologic and soils impacts. D. HAZARDS AND HAZARDOUS MATERIALS 1. The Project would not create significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials. Construction and operation of the Project would comply with all required applicable regulations, such as the Hazardous Materials and Waste Management Plan of Riverside County, related to hazardous material handling, storage and removal. 2. The Project would not emit hazardous emissions or handle hazardous materials within one-quarter mile of an existing school. There are no schools located within a quarter mile of the proposed Project site. The closest school to the site is the Vail Elementary School located approximately 0.75 miles to the northeast. 3. The Project would not be located on a site which is included on a list of hazardous materials sites and would not create a significant hazard to the public or the environment. 4. The Project would not result in a safety hazard for people residing or working within an airport land use plan, two miles of a public airport, or the vicinity of a private airstrip. 5. The Project would not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. Construction of the Project would comply with all emergency vehicle access requirements. Operation of the Project would not impede emergency access routes or result in permanent road closures. A-6 6. The Project would not expose people or structures to a significant risk of loss, injury or death involving wildland fires. The Project is located in an urbanized section of Temecula and would be required to adhere to all fire suppression requirements and fire safety measures in accordance with the most recent Uniform Fire Code. 7 The Project would result in less than significant cumulative impacts related to hazards and hazardous materials. E. HYDROLOGY AND WATER QUALITY 1. The Project would not substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level. The Rancho California Water District (RCWD) would have sufficient water supplies to accommodate the proposed Project as projected in its 2030 water demand forecast. The Project site is currently developed and largely covered in impermeable surfaces. After completion of construction, the Project site would continue to be largely covered by impermeable surfaces and thus would have no substantive change to the amount of groundwater recharge that occurs at the site. 2. The Project would not substantially alter the drainage pattern of the site such that it would result in substantial erosion or siltation on or off the site. Construction of the Project would be required to comply with the National Pollutant Discharge Elimination System (NPDES) Construction General Permit and to develop a Stormwater Pollution Prevention Plan (SWPPP), which would protect against substantial erosion or siltation on and off the Project site. The impermeable surfaces could result in changes in flows and drainages, but runoff from the Project site would be treated by implementation of Best Management Practices (BMPs), such as the proposed biotreatment facilities. 3. The Project would not place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map, nor structures which would impede or redirect any flood flows. The Project area and structural development is not within the 100 -year flood zone of Murrieta Creek. 4. The Project would not expose people or structures to a significant risk of loss, injury or death involving flooding as a result of the failure of a levee or dam. The Project site is located in the dam inundation areas for Lake Skinner, Vail Lake, and Diamond Valley Lake. However, compliance with applicable plans and programs, A-7 such as the City's Dam Inundation Evacuation Plan, would reduce risks associated with flooding and dam failure to less than significant. 5. The Project would not expose people to a significant risk of loss, injury or death involving inundation by a seiche or tsunami because the Project area is not located immediately near a coast or large body of water. The Project area is located over 20 miles from the Pacific Ocean, which is a large enough distance to avoid tsunami impacts and has no body of water in close proximity to the Project site. The site is relatively level and would not be subject to mudflow. 6. The Project's incremental contribution to hydrology and water quality impacts would not be cumulatively considerable. F. LAND USE AND PLANNING 1. The Project development would not physically divide an established community. There are residential apartments located approximately 70 feet southwest of the Project boundary, but the development of the Project would not divide this existing community. There are no other residential communities in the immediate vicinity of the Project site. 2. The Project would not conflict with any applicable land use plan, policy, or regulation or adopted for the purpose of avoiding or mitigating an environmental effect. The Project would be consistent with all applicable policies from the SCAG 2016-2040 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) and the City's OTSP. 3. The Project would not conflict with any applicable habitat conservation plan or natural community conservation plan. The proposed Project is located within the Western Riverside County Multiple Species Natural Community Conservation Plan (WRC MSHCP); however, the Project site is located in a developed, urban area, and is not located within a criteria area identified by the WRC MSHCP. A Habitat Evaluation and Acquisition Negotiation Strategy or Joint Powers Review is not required for the Project. 4. The Project would have a less than cumulatively considerable impact on land use and planning. A-8 G. NOISE 1. The Project would not result in exposure of people within an airport land use plan, two miles of a public airport, or the vicinity of a private airstrip to excessive noise levels. There are no airports or airstrips located within two miles of the Project area. The closest airport to the plan area is the Billy Joe Airport located approximately five miles east. H. TRANSPORTATION AND CIRCULATION 1. The Project would not conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways. The Project would not conflict with the City of Temecula policies, including, but not limited to travel demand measures, or other standards established by the CMP for designated roads or highways for the Existing (2016) Plus Project and Opening Year (2018) Plus Project study scenarios. 2. The Project would not result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks. The Project area is not within the French Valley Airport or Billy Joe Airport influence areas. 3. The Project would not substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment) or result in inadequate emergency vehicle access. The final grading, landscaping, and street improvement plans will demonstrate that design standards related to traffic and emergency access are met. 4. The Project would not conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities. None of the Project's public right of way improvements would impede existing bicycle facilities (i.e., the Class 111 facility on Old Town Front Street) or transit facilities. I. UTITILIES AND SERVICE SYSTEMS 1. The Project would not exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board. A-9 2. The Project would not require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects. 3. The Project would have sufficient water supplies available to serve the Project from existing entitlements and resources, and does not need new expanded entitlements. 4. The Project would not result in a determination by the wastewater treatment provider that it has inadequate capacity to serve the Project's projected demand in addition to the provider's existing commitments. The Temecula Valley Regional Water Reclamation Facility would have sufficient capacity to process the additional average wastewater flow that would be generated by the Project. 5. The Project would be served by a landfill with sufficient permitted capacity to accommodate the Project's solid waste disposal needs and would comply with federal, state, and local statutes and regulations related to solid waste. The existing capacity of the El Sobrante Sanitary Landfill would be sufficient to accommodate solid waste generation by the Project during construction and at full build -out. 6. The Project would result in less than significant cumulative impacts related to utilities and service systems. VI. Potentially Significant Environmental Impacts Determined to be Mitigated to a Less Than Significant Level. The SEIR identified the potential for the Project to cause significant environmental impacts in the areas of Aesthetics, Air Quality, Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Hydrology and Water Quality, Noise, and Transportation and Circulation. Measures have been identified that would mitigate all of the impacts in this section to a less than significant level. The City Council finds that mitigation measures identified in the Final SEIR would reduce the Project's impacts to a less than significant level, with the exception of the unmitigable impacts discussed in Section VII. The City Council adopts all of the feasible mitigation measures for the Project described in the Final SEIR as conditions of approval of the Project and incorporates those into the Project, as discussed more fully in the Mitigation Monitoring and Reporting Program. A-10 A. AESTHETICS 1. Light and Glare Impact AES -4: The Project would create a new source of light and glare throughout the Project area. a. Findings Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects related to light and glare. Specifically, the following measure has been included to ensure that the Project's potential light and glare impacts remain less than significant. Mitigation Measure MM -AES -1: The Project applicant would be required to implement the lighting reduction mitigation proposed in the OTSP Program EIR. The following light and glare standards shall be applied to the proposed Project: • The applicant shall ensure that all lighting fixtures shall contain "sharp cut-off" fixtures, and shall be fitted with flat glass lenses and internal and external shielding. • The applicant shall ensure that all fixtures shall be parallel with the finished grade of the Project site; no fixtures shall be tilted above a 90 -degree angle. • The applicant shall ensure that site lighting systems shall be grouped into control zones to allow for open, 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. • The applicant shall submit a lighting plan and photometric plan to be reviewed by the City of Temecula. The lighting plan shall include design features (such as those mentioned above) to minimize impacts of light and glare on the surrounding area. • The City shall complete a post -installation inspection to ensure that the site is not excessively illuminated (such that lighting is not creating excessive glare, unreasonably competing for the public's attention or creating any roadway safety hazard) and that lighting sources are properly shielded. A-11 • In order to mitigate potential impacts to the Mount Palomar Observatory, all lighting plans shall be reviewed by the City to assure utilization of low pressure sodium vapor lamps; step-down lighting techniques; shielding to prevent upward and outward illumination; and compliance with the County Ordinance No. 655. • The proposed Project shall prohibit 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. b. Facts in Support of Findings Currently, the Project Site includes onsite sources of light or glare from existing commercial buildings and street lights. However, these existing buildings would be demolished as part of the proposed Project and on-site existing light sources would be removed. During construction of the Project, there is the possibility of limited, temporary nighttime construction lighting for security. Once operational, the Project's hotel and parking garage uses would introduce new sources of light and glare from lighting for the buildings and streets, as well as from cars traveling through the Project site. The proposed Project is located approximately 20 miles from the Palomar Observatory, which is in Zone B (45 -mile Radius Lighting Impact Zone) according to the Palomar Observatory Light Pollution Ordinance (Riverside County's Light Pollution Ordinance No. 655). The Project would be required to comply with Ordinance No. 655, which lessens "sky glow" from nighttime light sources by requiring a variety of measures. These measures, which are included as part of Mitigation Measure MM -AES -1, include the preparation of an outdoor lighting plan and photometric plan to reduce the effects of light pollution from nighttime light sources. Mitigation Measure MM -AES -1 imposes lighting design and placement requirements that would further reduce "sky glow" and the spilling of light from on-site light sources. With the imposition of MM -AES -1, impacts of the proposed Project related to light and glare would be less than significant. B. AIR QUALITY 1. Construction — Violate an Air Quality Standard Impact AIR -4: The Project's construction emissions could exceed SCAQMD's regional significance thresholds for NO,, and therefore could would violate an air quality standard or contribute substantially to an existing or projected air quality violation. A-12 a. Finding Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects related to violation of air quality standard. Specifically, the following measure has been included to ensure that the Project's potential air quality impacts remain less than significant. Mitigation Measure MM -AIR -1: All off-road construction equipment with a horsepower (HP) greater than 50 shall be required to have USEPA certified Tier 4 interim engines or engines that are certified to meet or exceed the emission ratings for USEPA Tier 4 engines. A copy of each unit's certified tier specification or model year specification shall be available upon request at the time of mobilization of each applicable unit of equipment. b. Facts in Support of Findings Construction of the Project would produce maximum daily air pollutant emissions during the grading and excavation phase of construction. The maximum daily construction emissions generated by the Project's worst-case construction scenario (i.e. days with the most construction equipment operating) would produce approximately 105.56 pounds per day of NO,. SCAQMD's daily significance threshold for NO, is 100 pounds per day. Therefore, construction emissions would have a potentially significant regional air quality impact regarding NOx emissions and would require mitigation. Mitigation Measure MM -AIR -1 would require the use of EPA Rated Tier 4 (or equivalent) engines on construction equipment. The use of Tier 4 (or equivalent) engines is applied to all equipment greater than 50 horsepower in each phase in order to be reduced to below a significant level. With implementation of this mitigation measures, maximum daily emissions of NO, would be 50.39 pounds per day, which is below the significance threshold of 100 pounds per day. Therefore, impacts related to violation of an air quality standard are reduced to less than significant with mitigation. 2. Cumulative Net Increase of Any Nonattainment Pollutant Impact AIR -3: The Project's construction emissions could result in a cumulatively considerable net increase of any nonattainment pollutant. a. Finding Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects related to the net increase of any nonattainment pollutant. Specifically, the following measure has been included to ensure that the Project's potential air quality impacts remain less than significant. A-13 Mitigation Measure MM -AIR -1. b. Facts in Support of Findings According to the SCAQMD, if an individual project results in air emissions of criteria pollutants (ROG, CO, NOx, SOx, PM10, and PM2.5) that exceed the SCAQMD's recommended daily thresholds for project -specific impacts, then it would also result in a cumulatively considerable net increase of these criteria pollutants for which the proposed Project region is in non -attainment under an applicable federal or state ambient air quality standard. As discussed above, the Project's emissions during construction would exceed SCAQMD's regional threshold of significance for NOx. Therefore, when considered in addition to other projects in the cumulative scenario, the Project's incremental contribution of NOx emissions to impacts on air quality would be cumulatively considerable. However, with implementation of Mitigation Measure MM - AIR -1, the Project's NOx emissions would not exceed the SCAQMD regional threshold and cumulative air quality impacts would be reduced to a less than significant level. 3. Construction — Expose Sensitive Receptors to Substantial Pollutant Concentrations Impact AIR -3: The Project's construction emissions could expose sensitive receptors to substantial pollutant concentrations. a. Finding Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects related to exposing sensitive receptors to substantial pollutant concentrations. Specifically, the following measures have been included to ensure that the Project's potential air quality impacts remain less than significant. Mitigation Measure MM -AIR -1 Mitigation Measure MM -AIR -2: During earthmoving and construction phases, use water trucks to spray unpaved roads and exposed soils on the Project site at least four times per day to keep all areas where vehicles move damp enough to prevent dust raised when leaving the site. In addition, require all vehicles and off-road equipment to limit maximum speed on unpaved roads within the Project site to 15 miles per hour. b. Facts in Support of Findings Residential apartment units located immediately adjacent to the southwest of the Project site, approximately 65 feet (25 meters) from the Project boundary, are the nearest sensitive receptors, which means that construction emissions were compared to the 1.9 -acre site localized significance thresholds (LST) (listed in Table 3.2-5 of the Draft SEIR) for a receptor distance of 82 feet (25 meters) from the site boundary. Based on SCAQMD guidance (specifically, the Fact Sheet for Applying CaIEEMod to Localized A-14 Significance Thresholds (Fact Sheet), found under the heading Appendix C- Mass Rate LST Look -up Table under the guidance page located at (http://www.agmd.gov/home/regulations/ceqa/air-quality-analysis-handbook/localized- significance-thresholds), the determination of significance based on 1.8 acres of disturbance per day was interpolated for this analysis. For PM10, the LST is 6.4 pounds per day; for PM2.5, the LST is 3.8 pounds per day. During grading and excavation phases of construction, emissions would exceed LSTs for PM10 (10.4 pounds per day) and PM2.5 (7.0 pounds per day). Mitigation Measure MM -AIR -1 requires all construction equipment to have EPA Rated Tier 4 (or equivalent) engines during each phase. Mitigation Measure MM -AIR -2 requires the Project site's unpaved roads used for any vehicular travel to be watered at least four times per eight-hour workday to reduce fugitive dust emissions to below a significant level. With implementation of these mitigation measures, maximum daily emissions of PM10 would be 5.6 pounds and maximum daily emissions of PM2.5 would be 3.1, which are both below the LSTs for nearby sensitive receptors. Therefore, impacts related to exposure of sensitive receptors to pollutants are reduced to less than significant with mitigation. C. CULTURAL RESOURCES 1. Historical and Archaeological Resources Impact CUL -1: The results of archival research, geoarchaeological review, Tribal correspondence, and field survey suggest the Project area is sensitive for cultural resources. Although the lack of identified subsurface archaeological materials greatly reduces the likelihood of encountering buried archaeological resources as a result of Project implementation, it does not preclude this possibility entirely. The possibility exists of encountering buried archaeological resources that may be considered historical resources or unique archaeological resources pursuant to CEQA. a. Findings Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects related to historical and archaeological resources. Specifically, the following measures have been included to ensure that the Project's potential historical and archaeological resources impacts remain less than significant. Mitigation Measure MM -CUL -1: Prior to issuance of a grading permit and prior to the start of any ground -disturbing activity, the applicant shall retain a qualified archaeologist, defined as an archeologist meeting the Secretary of the Interior's Professional Qualification Standards for archeology (U.S. Department of Interior 2012) and as approved by the City of Temecula, to provide archeological expertise in carrying out all A-15 mitigation measures related to archeological resources (Mitigation Measures CUL -2 and -3). Mitigation Measure MM -CUL -2: Prior to the start of ground -disturbing activities, the qualified archaeologist shall designate an archaeological monitor to observe ground -disturbing activities, including but not limited to brush clearance and grubbing, grading, trenching, excavation, and the construction of fencing and access roads, in consultation with the Pechanga monitor. If ground -disturbing activities occur simultaneously in two or more areas located more than 500 feet apart, additional archaeological monitors may be required. The archaeological monitor shall keep daily logs. After monitoring has been completed, the qualified archaeologist shall prepare a monitoring report that details the results of monitoring activities, which shall be submitted to the City, Pechanga Tribe, and to the EIC at the University California, Riverside. Mitigation Measure MM -CUL -3: At least 30 days prior to issuance of a grading permit and prior to the start of any ground -disturbing activity, the Project Applicant shall contact the Pechanga Tribe to notify the Tribe of grading, excavation and the monitoring program, and to coordinate with the Tribe to develop and enter into a Cultural Resources Treatment and Monitoring Agreement (Agreement). The Agreement will address the treatment of known cultural resources; appropriate treatment and procedure for inadvertent discoveries; the designation, responsibilities, and participation of Native American Tribal monitors during grading, excavation and ground disturbing activities; Project grading and development scheduling; terms of compensation for the monitors; and treatment and final disposition of any cultural resources, sacred sites, and human remains discovered on the site. The Pechanga Tribal monitor shall monitor all ground -disturbing activities including, but not limited to, brush clearance and grubbing, grading. trenching, excavation, and the construction of fencing, as specified in the Agreement, and in consultation with the Project archeologist. If ground - disturbing activities occur simultaneously in two or more locations, additional Native American monitors may be required. Mitigation Measure MM -CUL -4: If inadvertent discoveries of subsurface cultural resources are discovered during ground -disturbing activities, the Project Applicant, the Project qualified Archaeologist, and the Pechanga Tribe shall assess the significance of such resources and shall meet and confer regarding the mitigation for such resources. Pursuant to PRC Section 21083.2(b), avoidance is the preferred method of preservation for archaeological resources. If the Project Applicant and the Pechanga Tribe cannot agree on the significance or the mitigation for such resources, these issues will be presented to the Planning Director for decision. The Planning Director will make the determination based on the provisions of A-16 the California Environmental Quality Act with respect to archaeological resources and will take into account the religious beliefs, customs, and practices of the Pechanga Tribe. Notwithstanding any other rights available under the law, the decision of the Planning Director will be appealable to the City Planning Commission and/or City of Temecula City Council. Mitigation Measure MM -CUL -5: The landowner shall relinquish ownership of all cultural resources, including sacred items. Burial goods and all archaeological artifacts that are recovered as a result of Project implementation to the Pechanga Tribe for proper treatment and disposition as outlined in the Agreement (Mitigation Measure CUL -3). Mitigation Measure MM -CUL -6: All sacred sites, should they be encountered within the Project area, shall be avoided and preserved as the preferred mitigation, if feasible. b. Facts in Support of Findings There are no current, known archeological or built environment resources in the Project Site that are listed in or eligible for listing in the California Register or local register, or that may be considered unique archaeological resources. As such, there would be no impact to known historical or unique archaeological resources. Nonetheless, archival research indicates the Project Site lies within an area that is highly sensitive for cultural resources. The lack of identified subsurface archaeological materials within or immediately adjacent to the Project site greatly reduces the likelihood of encountering buried archaeological resources, but it does not preclude this possibility entirely. As such, there exists the possibility of encountering buried archaeological resources that may be considered historical resources or unique archaeological resources pursuant to CEQA. Mitigation Measures MM -CUL -1 through MM -CUL -6 require specific measures to ensure that any such resources would be identified and any impacts to the resources would be avoided. Therefore, these mitigation measures would ensure that impacts would be reduced to less than significant. 2. Paleontological Resources Impact CUL -2: The Project could not directly or indirectly destroy a unique paleontological resource or site or unique geological feature. a. Findings Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects related to paleontological resources. Specifically, the following measure has been included to ensure that the Project's potential paleontological resources impacts remain less than significant. A-17 Mitigation Measure MM -CUL -7: In the event paleontological resources are discovered during Project implementation, the Project Applicant will notify the City's Planning Director and a qualified paleontologist, defined as one meeting the Society of Vertebrate Paleontology standards (Society of Vertebrate Paleontology, 1995). The paleontologist shall 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 shall be temporarily halted or diverted until the discovery is examined by a qualified paleontologist. The paleontologist shall notify the appropriate agencies to determine procedures that would be followed before construction is allowed to resume at the location of the find. If the City determines that avoidance is not feasible, the paleontologist shall prepare an excavation plan for mitigating the effect of the Project on the qualities that make the resource important. The plan will be submitted to the City for review and approval prior to implementation. b. Facts in Support of Findings The Project vicinity is underlain by older Quarternary alluvium and the Pauba Formation. Previous resource assessments indicate a wide range of vertebrate fauna from the Rancholabrean North American Land Mammal Age have been recovered from older Quarternary alluvium in the vicinity of the proposed Project. Furthermore, the Pauba formation is known to contain vertebrate fossils of late Irvingtonian and early Rancholabrean ages. As such, the older Quaternary alluvium and the Pauba Formation have a high paleontological sensitivity and there exists the possibility that proposed Project implementation may impact paleontological resource or unique geological feature. Implementation of Mitigation Measure MM -CUL -7 would reduce potential impacts to paleontological resources to less than significant. 3. Human Remains Impact CUL -3: Because the Project would involve ground -disturbing activities, it is possible that such actions could unearth, expose, or disturb previously unknown human remains interred outside of a formal cemetery. a. Findings Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects related to human remains. Specifically, the following measure has been included to ensure that the Project's potential human remain disturbance impacts remain less than significant. A-18 Mitigation Measure MM -CUL -8: If human remains are encountered, California Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to PRC Section 5097.98(b), remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the NAHC must be contacted within 24 hours. The NAHC must then immediately identify the MLD upon receiving notification of the discovery. The MLD shall then make recommendations within 48 hours and engage in consultation concerning the treatment of the remains as provided in PRC Section 5097.98 and the Agreement described in Mitigation Measure MM -CUL -3. b. Facts in Support of Findings No known human remains exist within the proposed Project vicinity. However, since the proposed Project would involve ground -disturbing activities, it is possible that such actions could unearth, expose, or disturb previously unknown human remains. Implementation of Mitigation Measure MM -CUL -8 would ensure that impacts are less than significant. 4. Tribal Cultural Resources Impact CUL -4: Project implementation may cause a substantial adverse change in the significance of a tribal cultural resource as defined in PRC 21074. a. Findings Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects related to tribal cultural resources. Specifically, the following measures have been included to ensure that the Project's potential tribal cultural resources impacts remain less than significant. Mitigation Measures MM -CUL -3, MM -CUL -4, MM -CUL -5, and MM -CUL - 6 b. Facts in Support of Findings While no tribal cultural resources were identified within the Project site, at least four resources were identified by the Pechanga Tribe within the immediate vicinity. Given the sensitivity of the broader area for archaeological, ethno-historic, and tribal cultural resources, the Pechanga Tribe considers the entire area to be highly sensitive for tribal cultural resources. Project activities, particularly ground -disturbing activities, have the potential to uncover previously unidentified resources that could be identified as tribal cultural resources. In light of this sensitivity, the Pechanga tribe has requested Native A-19 American monitoring of all ground disturbing activities associated with the Project. This request has been incorporated into the mitigation measures presented in this section. Implementation of Mitigation Measures MM -CUL -3 through MM -CUL -6 would reduce potential impacts to tribal cultural resource to less than significant. D. GEOLOGY AND SOILS 1. Seismic Groundshakinq Impact GEO-lb: The Project development could expose people or structures to potential substantial adverse effects from strong seismic groundshaking, including the risk of loss, injury or death. a. Findings The Project site is located in a seismically active region with active fault segments of the Elsinore fault zone located approximately 2,000 feet from the Project boundary. The Elsinore Fault Zone is one of the faults considered capable of producing significant groundshaking. If not designed appropriately, the proposed Project's structures could be damaged from significant groundshaking in a 6.7 or greater magnitude earthquake on the Elsinore or one of the other regional active faults. Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects to groundshaking to less than significant. Specifically, the following measures have been included to ensure that the Project's potential impacts remain less than significant. Mitigation Measure MM-GEO-1: Prior to issuance of a building permit, a final design level geotechnical report shall be prepared by a California registered geotechnical engineer or engineering geologist and submitted to the City in accordance with City, California Building Code (CBC) and engineering standards. The final report shall be based on the recommendations contained within the Preliminary Geotechnical report prepared for the Project site and include measures to incorporate seismic design measures that meets CBC requirements. The report shall address all geotechnical hazards including seismic design, liquefaction, soil stability, and any other geotechnical hazard identified at the site. b. Facts in Support of Findings The Project would be constructed in accordance with applicable City ordinances and policies and consistent with the most recent version of the CBC, which requires structural design that can accommodate ground accelerations expected from known active faults. In addition, the design -level geotechnical investigations would be prepared by a California registered Geotechnical Engineer or Engineering Geologist and recommendations would include final design parameters for any retaining walls, foundations, foundation slabs, and surrounding related improvements (cut slopes, utilities, roadways, parking lots and sidewalks). These recommendations, based on A-20 those contained within the preliminary geotechnical investigation prepared for the site would be necessary to reduce potential impacts associated with groundshaking. Therefore, with implementation of the seismic design requirements into construction specification as required by Mitigation Measure GEO-1, the impacts associated with the effects associated with groundshaking would be reduced to less than significant levels. 2. Construction Impacts to Soil Erosion Impact GEO-2: Construction of the Project could result in soil erosion of the loss of topsoil on the Project Site. a. Findings Construction of the Project has a potential to result in soil erosion or the loss of topsoil on the Project Site because construction would involve significant earthwork activities, including grading and stockpiling of soils. Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects to soil erosion to less than significant. Specifically, the following measures have been included to ensure that the Project's potential impacts remain less than significant. Mitigation Measure MM -HYD -1: As a condition of approval, the proposed Project shall be required to implement the 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 final Project designs implement specific water quality features to meet the City's Municipal Separate Storm Sewer System (MS4) Permit and Stormwater Ordinance requirements. The WQMP shall be reviewed and approved by the City of Temecula prior to the issuance of a building or grading permit. Mitigation Measure 3.5-1 (from OTSP Program EIR): Prior to the issuance of a grading or building permit for individual Projects, the Project developer shall file a Notice of Intent (NOI) with California to comply with the requirements of the NPDES General Construction Permit (Municipal Code, Chapter Chapter 8.24). This would include the preparation of a SWPPP incorporating construction BMPs for control of erosion and sedimentation contained in stormwater runoff. b. Facts in Support of Findings These mitigation measures require the implementation of construction BMPs, which would be detailed in the SWPPP as required by the Construction General Permit from the NPDES program, as further discussed in the Hydrology and Water Quality section, and the preparation of a WQMP, as required by the City Stormwater Ordinance. Although these measures are intended to prevent sedimentation from entering runoff from the site, they generally prevent soil erosion and loss of topsoil occurring at a A-21 construction site. Therefore, with adherence to these mitigation measures, potential construction -related erosion would be reduced to less than significant. 1. Unstable or Expansive Soils Impact GEO-3 and GEO-4: The Project could result in subsidence, liquefaction, lateral spreading, expansion or collapse as a result of being located on a geologic unit or soil that is unstable or that would become unstable as a result of the proposed Project. a. Findings Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects related to unstable or expansive soils to less than significant. Specifically, the following measure has been included to ensure that the Project's potential impacts remain less than significant. Mitigation Measure MM-GEO-1 b. Facts in Support of Findings The Project would be required to adhere to City building code requirements, which include the preparation of a design -level geotechnical investigation by a state licensed geotechnical engineer and included as part of Mitigation Measure MM-GEO-1. The final required geotechnical report for the Project would determine the susceptibility of the subject site to settlement and prescribe appropriate engineering techniques for reducing its effects based on site specific data of subsurface soils. The preliminary geotechnical report prepared for the Project provides a basis of conditions that are expected to occur but a final geotechnical report with specific design criteria would be required to obtain a building permit. The final geotechnical report would determine appropriate foundation requirements, footing size, fill placement, grading, and then any structural engineering specific to the proposed elements of the Project. Therefore, implementation of standard geotechnical engineering practices, which includes a geotechnical investigation containing recommendations that are specific to the Project design, and adherence to City and CBC building code requirements would result in less than significant impacts from unstable soils and other adverse soil properties. E. HAZARDS AND HAZARDOUS MATERIALS 1. Construction — Upset or Accidental Release of Hazardous Materials. Impact HAZ-2: The Project could create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment. A-22 a. Findings Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects related to hazardous materials. Specifically, the following measure has been included to ensure that the Project's potential hazardous material impacts remain less than significant. Mitigation Measure MM HAZ-1: As a condition of approval for a grading permit, the use of construction BMPs shall be implemented as part of construction to minimize the potential negative effects of accidental release of hazardous materials to groundwater and soils. These shall include the following: • Follow manufacturer's recommendations on use, storage and disposal of chemical products used in construction; • Avoid overtopping construction equipment fuel gas tanks; • During routine maintenance of construction equipment, properly contain and remove grease and oils; and • Properly dispose of discarded containers of fuels and other chemicals in accordance with manufacturer's specifications and local and state regulations. All the BMPs shall be in accordance with the most recent version of the California Stormwater Quality Association (CASQA) BMP Handbook for construction and included in contract specifications. b. Facts in Support of Findings The onsite storage and/or use of large quantities of materials capable of impacting soil and groundwater are not typically required for a Project of this proposed size and type. However, construction activities would require the use of certain hazardous materials such as fuels, oils, solvents, and glues. The inadvertent release of large quantities of these materials into the environment could adversely impact soil, surface waters, or groundwater quality. As such, Mitigation Measure MM-HAZ-1 requires the implementation of best management practices to minimize the potential negative effects of accidental release of hazardous materials to groundwater and soils. Therefore, with implementation of Mitigation Measure MM-HAZ-1, impacts would be reduced to less than significant. A-23 F. HYDROLOGY AND WATER QUALITY 1. Construction — Water Quality or Waste Discharge Impact HYD -1 and HYD -6: Construction activities associated with the Project would not violate water quality standards or waste discharge requirements or otherwise substantially degrade water quality. a. Findings Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects related to water quality and waste discharge. Specifically, the following measure has been included to ensure that the Project's potential impacts remain less than significant. Mitigation Measure MM -HYD -1: As a condition of approval, the proposed Project shall be required to implement the 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 final Project designs implement specific water quality features to meet the City's Municipal Separate Storm Sewer System (MS4) Permit and Stormwater Ordinance requirements. The 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 During construction, potential impacts on water quality are related to sediments, turbidity, and certain pollutants that might be associated with sediments (e.g., phosphorus and legacy pesticides). Construction -related activities that are primarily responsible for sediment releases are related to exposure of soils to rainfall/runoff and wind and include removal of vegetation, grading, and excavation. Other pollutants that are of concern during construction include waste materials, chemicals, concrete, and petroleum products used in building construction or the maintenance of heavy equipment. The Project construction would require disturbance of more than one acre, and thus would be required to obtain coverage under the statewide NPDES Construction General Permit (as also required by Mitigation Measure MM -3.5-1), which is contained within the OTSP Program EIR and applies to this Project). The Construction General Permit requires the development to prepare and implement a SWPPP, which would identify the sources of sediment and other pollutants that may affect the quality of storm water discharges during construction and describe the implementation and maintenance various BMPs to reduce or eliminate the potential for sediment or pollutants to come into contact with stormwater runoff during construction. With the application of the these regulations, construction -related impacts to water quality from the Project would be less than significant. A-24 Operation of the new development at the Project site would be required to comply with the development planning requirements of the San Diego Regional Water Quality Control Board (SDRWQCB) MS4 permit in effect at the time of construction and prepare a Project -specific WQMP as required by the City of Temecula Stormwater Ordinance, per Mitigation Measure MM -HYD -1. These regulations include implementation of non- structural, structural, and source control and treatment control BMPs during the planning process prior to Project approval for development projects. The SDRWQCB MS4 permit and the City of Temecula Stormwater Ordinance require that the Project - specific WQMP shall include a drainage hydrologic/hydraulic analysis that details the site's anticipated runoff calculations. With implementation of these requirements, the Project would not result in adverse impacts to water quality. 2. Drainage Pattern Alteration and Stormwater Facilities Impact HYD -4 and HYD -5: The Project could substantially alter the existing drainage pattern of the site such that increases in runoff result in flooding on or offsite or exceed the capacity of existing or planned infrastructure. a. Findings Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects related to drainage patterns. Specifically, the following measure has been included to ensure that the Project's potential impacts remain less than significant. Mitigation Measure MM -HYD -2: Prior to issuance of a grading permit, a final drainage study shall be prepared by a registered civil engineer and submitted to Public Works with the initial grading plan check in accordance with City, Riverside County and engineering standards. The final study shall identify storm water runoff quantities (to mitigate the 100 - year storm event) from the development of this site and upstream of the site, and shall identify all existing or proposed drainage facilities intended to discharge this runoff. Runoff shall be conveyed to an adequate outfall capable of receiving the storm water runoff without damage to public or private property; the final study shall include a capacity analysis verifying the adequacy of all facilities. If the receiving facilities are determined to be under capacity, then other improvements to existing or proposed drainage facilities shall be incorporated into the final design in accordance with Public Works requirements. b. Facts in Support of Findings Runoff generated on and off the site during construction would have the potential to exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff. The proposed drainage pattern would generally be the same during Project construction when compared with the pre -Project condition. As a result, runoff conditions would not substantially change during A-25 construction activities. However, construction BMPs would be in place during storm events as required by the Construction General Permit, which would reduce the potential for stormwater to come into contact with pollutants and integrate it into surface water, to the maximum extent practicable. BMPs have proven effective at substantially reducing or eliminating runoff during construction. As a result, construction activities would not result in runoff that would exceed the capacity of the adjacent existing drainage system capacity or provide substantial additional sources of polluted runoff. Impacts to existing stormwater drainage facilities during construction would be less than significant. A conceptual drainage plan and WQMP has already been prepared for the site to address how the Project would comply with drainage control requirements. The analyses determined drainage management areas for the Project, calculations for Low Impact Development (LID) BMP facilities, potential pollutants of concern, and a preliminary design. As part of Mitigation Measure MM -HYD -2, a final drainage study would be prepared by an engineer that would verify the capacity of the existing receiving drainage facilities in accordance with City of Temecula requirements. Implementation of Mitigation Measure HYD -2 and adherence to the requirements found in the MS4 permit would ensure no substantial increases in stormwater runoff would occur and that the existing capacity of storm water drainage systems would not be exceeded. G. NOISE 1. Operations — Permanent Increase in Ambient Noise Levels Impact NOI-3: Operation of the proposed Project could result in a substantial permanent increase in ambient noise levels in the Project vicinity above existing levels. a. Findings Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects related to permanent increase in noise levels. Specifically, the following measures have been included to ensure that the Project's potential impacts remain less than significant. Mitigation Measure MM -N01-4: • Building equipment (e.g., HVAC units) shall be located away from nearby residences, on building rooftops, and properly shielded by either the rooftop parapet or within an enclosure that effectively blocks the line of sight of the source from the nearest receptors. The resultant HVAC noise level shall not exceed 45 dBA at the nearest receptors. A-26 • In order to avoid noise -sensitive hours, commercial and retail shall prohibit loading and unloading activities between the nighttime hours of 10:00 PM and 7:00 AM. • To further address the nuisance impact of loading dock/truck delivery noise, all loading areas for commercial and retail uses shall be located at the rear or sides of buildings within the commercial and mixed-use districts, where noise can be directed away from residential uses within the mixed use areas of the Project. Mitigation Measure MM -N01-5: If necessary to comply with the interior noise requirements of the City of Temecula and achieve an acceptable interior noise level, noise reduction in the form of sound -rated assemblies (i.e., windows, exterior doors, and walls) shall be incorporated into Project building design, based upon recommendations of a qualified acoustical engineer. Final recommendations for sound -rated assemblies will depend on the specific building designs and layout of buildings on the site and shall be determined during the design phase. b. Facts in Support of Findings As part of the proposed Project, new mechanical equipment, such as heating, ventilation, and air conditioning units (HVAC), would be installed on the hotel building. Such rooftop HVAC units typically generate noise levels of approximately 55 dB at a reference distance of 100 feet from the operating units during maximum heating or air conditioning operations. The noise level of the HVAC, if on the edge of the building nearest the sensitive receptors, could exceed the City of Temecula's 65 dBA noise standard. Delivery trucks are expected to be used during on-site commercial operations. An idling truck at 50 feet was found to produce noise levels of 72 dBA Leq, and a passing truck at 50 feet was found to produce noise levels of 68 dBA Leq. Cal -OSHA also requires backup beepers to be at least 5 dBA above ambient noise levels. Because the truck delivery access point would be the furthest point of the Project site away from sensitive receptors (approximately 500 feet), the truck deliveries are not anticipated to impact nearby residences. The Project -specific traffic analysis revealed that traffic impacts for the proposed Project would be less than significant and no mitigation measures would be required. Therefore, noise impacts related to operational traffic are expected to be less than significant. The OTSP Program EIR determined that residences in the Project area would be subject to Title 24 of the California Code of Regulations, which requires an interior noise standard of DNL 45 dBA in any habitable room. Although the proposed Project is a hotel project, it is also subject to Title 24 Building Codes. Therefore, hotel rooms located along affected roads exceeding 65 dBA would require sound -rated assemblies at the exterior facades of project buildings. The OTSP Program EIR also included Mitigation A-27 Measures MM -N01-4 and MM -N01-5 to reduce indoor noise exposure to within City of Temecula and State standards. Compliance with the mitigation measures contained in the OTSP Program EIR, and herein incorporated by reference would reduce operational noise impacts to Tess than significant levels. H. TRAFFIC AND CIRCULATION 1. Cumulative Intersection Level of Service Impact Cumulative CIR-1: The proposed Project would result in significant impacts at the following intersections under Cumulative Conditions: • Rancho California Road / Old Town Front Street (AM and PM peak hours) a. Findings Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects related to traffic under existing (2016) conditions. Specifically, the following measure has been included to ensure that the Project's potential impacts remain less than significant. Mitigation Measure MM-CUM-CIR-1. The Project applicant shall contribute fair -share funding (2%) towards the optimization of the AM peak hour traffic signal coordination timing plan. Since Rancho California Road operates an Adaptive Traffic Signal System, the entire corridor will require optim ization. b. Facts in Support of Findings The City of Temecula's significance criteria states that a traffic impact is considered significant if the addition of Project traffic causes the intersection LOS to decrease to worse than LOS D during peak hours. For intersections currently operating at LOS E or F, a project impact will be considered significant if the project causes the delay at a signalized intersection to increase by more than 2 seconds or adds more than 20 peak hour trips to the critical movement of an unsignalized intersection. All of the study intersections would operate acceptably at LOS D or better with and without the proposed Project, with the exception of the following location, which would operate at LOS E during the AM peak hour and LOS F during the PM peak hour: • Rancho California Road / Old Town Front Street (AM and PM peak hours) The intersection at Rancho California Road and Old Town Front Street currently operates at LOS E (AM) and F (PM); the proposed Project's contribution to LOS E conditions during the AM peak hour in combination with cumulative projects, is considered a significant impact because the intersection delay would increase by more than two seconds. Therefore, a significant cumulative impact would occur at the A-28 Rancho California Road and Old Town Front Street intersection. However, implementation of Mitigation Measure MM-CUM-CIR-1 would require the Project applicant to contribute fair -share funding towards optimization of the AM peak hour traffic signal coordination timing plan. This would reduce delay time at the intersection and would reduce this cumulative impact to less than significant with the incorporation of mitigation. VII. Environmental Effects that Remain Significant and Unavoidable After Mitigation. In the environmental areas of Greenhouse Gas (GHG) Emissions and Noise and Vibration, there are instances where potential environmental impacts would remain significant and unavoidable, as discussed below: A. GREENHOUSE GAS EMISSIONS 1. Generation of GHG Emissions Impacts Impact GHG-1: The Project would generate GHG emissions, either directly or indirectly, that may have a significant impact on the environment. Impact GHG-2: The Project would conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases. a. Findings The OTSP Program EIR determined that implementation of the full build -out of the OTSP Amendment would result in the generation of GHG emissions from construction and operations that would exceed SCAQMD's GHG screening threshold, and therefore would be considered a potentially significant impact. The GHG analysis contained in the OTSP Program EIR was incorporated in Chapter 3.0, Summary of Findings from the OTSP Program EIR, of the Project Draft SEIR. Changes or alterations have been required in or incorporated into the Project that reduce the impacts related to GHG emissions. The below mitigation measures from the OTSP Program EIR are required in order to reduce GHG emissions impacts to the maximum extent feasible. Mitigation Measure 3.3-1 (from the OTSP Program EIR): The applicant shall require implementation of all feasible energy efficiency and GHG reduction measures, including but not limited to the following measures. Energy Efficiency • Design buildings to be energy efficient. • Install efficient lighting and lighting control systems. Use daylight as an integral part of lighting systems in buildings. A-29 • Install light colored "cool" roofs, cool pavements. • Provide information on energy management services for large energy users. • Install energy efficient heating and cooling systems, appliances and equipment, and control systems. • Install light emitting diodes (LEDs) for traffic, street and other outdoor lighting. Water Conservation and Efficiency • Create water -efficient landscapes. • Install water -efficient irrigation systems and devices, such as soil moisture -based irrigation controls. • Design buildings to be water -efficient. Install water -efficient fixtures and appliances. • Restrict watering methods (e.g., prohibit systems that apply water to non -vegetated surfaces) and control runoff. • Restrict the use of water for cleaning outdoor surfaces and vehicles. • Implement low -impact development practices that maintain the existing hydrologic character of the site to manage storm water and protect the environment. (Retaining storm water runoff on-site can drastically reduce the need for energy -intensive imported water at the site.) • Devise a comprehensive water conservation strategy appropriate for the project and location. The strategy may include many of the specific items listed above, plus other innovative measures that are appropriate to the specific project. • Provide education about water conservation and available programs and incentives. Solid Waste Measures • Reuse and recycle construction and demolition waste (including, but not limited to, soil, vegetation, concrete, lumber, metal, and cardboard). • Provide interior and exterior storage areas for recyclables and green waste and adequate recycling containers located in public areas. Land Use Measures • Include mixed-use, infill, and higher density in development projects to support the reduction of vehicle trips, promote alternatives to individual vehicle travel, and promote efficient delivery of services and goods. Transportation and Motor Vehicles • Limit idling time for commercial vehicles, including delivery and construction vehicles. • Use low or zero -emission vehicles, including construction vehicles. b. Facts in Support of Findings The OTSP Program EIR determined that implementation of the full build -out of the OTSP Amendment would result in approximately 12,004 metric tons (MT) of CO2e per year from construction and approximately 192,657 MT CO2e per year from operations, which was considered a potentially significant impact. The OTSP Program EIR included a list of GHG reduction measures, incorporated above as Mitigation Measure 3.3-1, from the State of California Attorney General's office that could be applied to a diverse range of projects in order to reduce GHG emissions. However, since the project would result in GHG emissions that would exceed the major source threshold (25,000 MT CO2e per year) and the SCAQMD GHG screening threshold (3,000 MT CO2e per year), the OTSP Amendment would potentially conflict with the state's ability to meet the AB 32 goals. Even with implementation of all measures that are feasible from Mitigation Measure 3.3-1 listed above, build -out of the OTSP Amendment was considered to be a major source of greenhouse gases and would exceed the SCAQMD GHG screening threshold. Consequently, the increase in greenhouse gases from implementation of the OTSP places the project in conflict with the goal of the state to reduce up to 169 million metric tons CO2e/year. The OTSP Program EIR determined impacts related to GHG emissions would be significant. Implementation of the proposed Project would not introduce any new land uses that were not already accounted for in the certified OTSP Program EIR. The Project would involve an amendment to the OTSP that would relocate a portion of the Hotel Overlay zone to the Project site and would not change the overall intensity or distribution of uses in the Specific Plan area. The GHG emissions resulting from the construction and operation of the Project are cumulative in nature. Therefore, Project -specific emissions are accounted for in the OTSP Program EIR and there would be no additional emissions as a result the Project. Since the OTSP Program EIR determined that impacts from GHG emissions would be considered significant and unavoidable, the proposed Project would also have significant and unavoidable impacts related to GHG em issions. A-31 B. NOISE AND VIBRATION 1. Construction Noise Impacts Impact NOI-1: The Project would result in the exposure of persons to, or generation of, noise levels in excess of standards established in the local general plan or noise ordinance. Impact NOI-2: The Project would exposure of persons to, or generation of, excessive ground -borne vibration or ground -borne noise levels Impact NOI-4: The Project would result in a substantial temporary or periodic increase in ambient noise levels in the Project vicinity above levels existing without the project. a. Findings During construction, the proposed Project has a potential to temporarily generate noise levels that may result in (1) exposure of persons to or generation of noise or ground - borne vibration levels in excess of applicable local standards and (2) a substantial temporary or periodic increase in ambient noise levels in the Project vicinity above levels existing without the Project. Changes or alterations have been required in or incorporated into the Project that reduce the impacts related to construction noise and vibration. The below mitigation measures are required in order to reduce construction noise and vibration impacts to the maximum extent feasible. Mitigation Measure MM -N01-1: • The applicant shall ensure, as specified in City of Temecula Ordinance No. 94-25, that no construction may occur within one-quarter (1/4) of a mile of any occupied residence during the following hours: o 6:30 PM to 6:30 AM, Monday through Friday. o Before 7:00 AM or after 6:30 PM, Saturday. o At any time on Sunday or any nationally recognized holiday. • The applicant shall ensure that all construction equipment will have properly operating mufflers. • The applicant shall ensure that all construction staging shall be performed as far as possible from occupied dwellings. A-32 • The applicant shall ensure that signs shall be posted at the construction sites that include permitted construction days and hours, and a contact number for the job site. Mitigation Measure MM -N01-2: The construction contractor will conduct crack surveys before construction activities that could cause architectural damage to nearby structures. The survey will include any historic buildings or buildings in poor condition within 15 feet of construction. The surveys will be done by photographs, video tape, or visual inventory, and will include inside as well as outside locations. All existing cracks in walls, floors, and driveways should be documented with sufficient detail for comparison after construction to determine whether actual vibration damage occurred. A post -construction survey should be conducted to document the condition of the surrounding buildings after the construction is complete. The construction contractor would be liable for construction vibration damage to adjacent structures. Mitigation Measure NOI-3: Implement Temporary Noise Barriers. Implement the field -erected temporary noise barriers including but not limited to sound blankets on existing fences and walls or the use of freestanding portable sound walls, to block the line -of -site between construction equipment and noise -sensitive receptors during Project implementation. Noise barriers should be a minimum of 8 -feet -tall and continuous between the source of noise and adjacent or nearby noise - sensitive receptors. Noise barriers are most effective when placed directly adjacent to either the noise source or receptor. Place sound barriers around stationary sources and near windows, where feasible. Barrier construction may include, but not necessarily be limited to, using appropriately thick wooden panel walls (at least'/ inch thick), as shown in Figure 3.8-1, which are tall enough to block the line -of -sight between the dominant construction noise source(s) and the noise -sensitive receptor. Such barriers can reduce construction noise by 5 to 15 dBA at nearby noise -sensitive receptor locations, depending on barrier height and length, and the distance between the barrier and the noise -producing equipment or activity. Alternately, field -erected noise curtain assemblies could be installed around specific equipment sites or zones of anticipated mobile or stationary activity, resembling the sample shown in Figure 3.8-2. These techniques are most effective and practical when the construction activity noise source is stationary (e.g., auger or drill operation) and the specific source locations of noise emission are near the ground and can be placed as close to the equipment/activity-facing side of the noise barrier as possible. Barrier layout and other implementation details would vary by construction site. b. Facts in Support of Findings Construction of the proposed Project would require the use of heavy equipment during the grading and excavation activities at the Project site, installation of new utilities, paving, and building fabrication for the proposed residential buildings. Development activities would also involve the use of smaller power tools, generators, and other sources of noise. During each stage of development, there would be a different mix of equipment, which means that construction activity noise levels at and near the Project Site would fluctuate depending on the particular type, number, and duration of use of the various pieces of construction equipment. Under Municipal Code Section 9.20.040, the exterior noise standard for single-family residential use receptors is 65 dBA Ldn/CNEL. However, Section 9.20.070 (Exceptions) allows for construction -related exceptions from these noise standards if approved by the City Manager. The request for construction -related exceptions must be submitted in writing at least three working days in advance of the scheduled and permitted construction activity, and be accompanied with the appropriate inspection fee(s). Further, construction activities are prohibited between the hours of 6:30 P.M. and 7:00 A.M. Monday through Friday, and are allowed on Saturday only between 7:00 A.M. and 6:30 P.M. Construction activities are prohibited on Sundays and nationally recognized holidays. Existing sensitive receptors in the vicinity of the Project site consist of the residential apartment buildings located 65 feet southwest of the Project boundary. Because the nearest sensitive receptor is close to the Project site, construction activity would generate noise levels, which would result in a substantial increase in ambient noise levels at the nearby receptors. Therefore, the impact would be significant, as indicated in the OTSP Program EIR. To address significant construction noise impacts of a substantial increase in ambient noise levels, the proposed Project would be required to comply with noise Mitigation Measures MM -N01-1 and MM -N01-2, which were identified in the OTSP Program EIR. To further reduce construction noise levels at residences, Mitigation Measure MM-NOI- 3 would include the implementation of temporary noise barriers at construction activities. The barrier material is assumed to be solid and dense enough to demonstrate acoustical transmission loss that is at least 10 dBA greater than the estimated noise reduction effect. These suggested barrier types do not represent the only ways to achieve the indicated noise reduction in dBA; they represent examples of how such noise attenuation might be attained by an implemented measure under the right conditions. Implementation of Mitigation Measure MM -N01-1 would reduce construction noise levels at the nearby receptors, thereby, reducing the increase in ambient noise levels due to Project construction. However, mitigation measure NOI-1 may not be feasible to physically implement at the construction activities to achieve blocking line -of -sight between the construction noise sources and the nearby sensitive receptors. For example, temporary barriers may not feasibly be tall and or wide enough to block line - A -34 of -sight, and/or and the placement of temporary barriers could endanger construction crew members and equipment. Therefore, impacts would be potentially significant and unavoidable with regard to resulting in a substantial increase in ambient noise levels. The OTSP Program EIR determined that use of a large bulldozer for Project construction generates vibration levels of up to 0.089 PPV or 87 RMS at a distance of 25 feet. Implementation of mitigations measures would reduce vibration impacts. A large bulldozer would reduce to 80 RMS at 45 feet and increase to 0.2 PPV at 15 feet from operation. The OTSP Program EIR determined that this impact would be less than significant with implementation of OTSP Mitigation Measures MM -N01-1 and MM-NOI- 2. However, even with the implementation of these mitigation measures, construction of the proposed Project would result in significant and unavoidable temporary vibration impacts to the nearby sensitive receptors. Due to the proximity of the nearest residences to the Project site, it is anticipated that even with the implementation of the mitigation measures identified in the OTSP Program EIR, and additional measures proposed (i.e, noise barriers), construction of the proposed Project would potentially result in a substantial temporary increase in ambient noise levels at nearby sensitive receptors during construction. Therefore, the impact would be significant and unavoidable. No additional feasible mitigation measures are available to reduce construction noise impacts to sensitive receptors. VIII. Project Alternatives. The SEIR considered and analyzed three alternatives to the Proposed Project: Alternative 1—No Project Alternative (No Development); Alternative 2— Reduced Hotel with no Specific Plan Amendment Alternative; and Alternative 3— Commercial and Residential Use Alternative. The three alternatives that were analyzed in the SEIR are discussed below, including the basis for rejecting each alternative. In addition, comparison of the alternatives is available in Table 5-2 of the SEIR. Each alternative's environmental impacts are considered and analyzed, along with an analysis of whether it achieves any of the Project Objectives as shown below. • Provide an upscale lodging facility that will service both residents and tourists visiting Old Town Temecula; • Provide additional conference room facilities within Old Town Temecula; and • Create an aesthetically compatible development and minimize impacts to neighboring properties by designing with high quality architecture and signage. A-35 A. ALTERNATIVE 1—NO PROJECT ALTERNATIVE (NO DEVELOPMENT) 1. Summary of Alternative Alternative 1 evaluates the environmental impacts if the Project site were to remain in its current state for the foreseeable future. The Project site is comprised of approximately 1.8 acres of predominantly developed land in Old Town Temecula. The Project site is currently developed with approximately 22,424 square feet (SF) of several vacant buildings. An undeveloped parcel approximately 17,500 SF is located across Third Street where the proposed parking garage would be constructed. Under this alternative, the Project site would remain vacant and the proposed hotel and parking garage would not be built. The site would continue to contain the existing structures on the hotel site and vacant land on the garage site. Unimproved areas along Third Street would not be landscaped or improved in any way. 2. Reason for Rejecting Alternative Alternative 1 is the "No Build" alternative in which no development would occur on the Project Site. The Site would remain vacant, undeveloped land. Because no development or change would occur on the Project Site, no impacts would occur. As such, the proposed Project's impacts would generally be reduced under this Alternative. For aesthetics impacts, the existing Project site under Alternative 1 would not feature any additional sources of light and glare. No impacts to scenic vistas or resources would occur under this alternative. Under the proposed Project, the site would be developed with an aesthetic character in accordance with the design guidelines specified in the Old Town Specific Plan and visual quality of the site would be enhanced. Under Alternative 1, the existing site would remain vacant which degrades the existing visual character or quality of the site and its surroundings due to its current lack of unkempt appearance. Therefore, implementation of Alternative 1 would result in more negative aesthetic impacts than the proposed Project. Air quality impacts would be reduced compared to the proposed Project because Alternative 1 would result in no construction -related emissions (from construction activities, vehicles, and equipment), and no operational emissions (associated with increased traffic). With no construction and no additional traffic volumes or operational emissions, air emissions in the vicinity would remain unchanged. No impact to air quality would occur as a result of this alternative, so impacts would be reduced as compared to the proposed Project. No potential impacts to cultural resources would occur under Alternative 1 because no grading activities would occur that could unearth cultural resources or disturb paleontological resources. Under this alternative, there would be no changes to the site and thus no impact to cultural resources would occur, eliminating any potential Project impacts. A-36 Potential impacts to geology and soils, such soil erosion during construction, would not occur under Alternative 1. The Project site would not be developed. However, geology and soils effects under the proposed Project are not anticipated to be significant, so these differences would be negligible. Construction -related hazardous materials would not be brought to the site, nor would hazardous materials be used during operation of the proposed Project, such as landscaping sprays or household cleaning products. Therefore, this alternative would result in fewer impacts related to hazards and hazardous materials than the proposed Project. No increase of impervious surfaces and no change to the natural drainage patterns of the Project site would occur under Alternative 1. No improvements would be required for water quality treatment. Overall, this alternative would result in fewer effects related to hydrology and water quality than the proposed Project. Under Alternative 1, no change would occur to the existing conditions at the Project site. This alternative would involve no amendment or rezoning associated with the Specific Plan. Because no change to the existing land use or land use plans and policies related to the Project site would occur, this alternative would have no direct impact on land use at the site or in the vicinity. Alternative 1 would not result in any change to existing ambient noise levels and would introduce no new source of noise. Because the site would remain with the existing non- operational uses under this alternative, traffic -related noise attributable to the Project would not occur. This alternative would result in no impact related to noise at or in the vicinity of the Project site. The significant and unavoidable temporary construction noise impact would be completely avoided. Impacts would be reduced and the proposed Project construction -phase impacts would not occur. Under Alternative 1, no additional traffic would be generated by uses on the Project site, which is vacant or out of business, resulting in no impacts related to traffic and circulation. Thus, Alternative 1 would result in fewer impacts when compared to the proposed Project. Under Alternative 1, the Project site would not be developed and no increase demand for water, wastewater, or solid waste services would occur. No new water service or sewer line connections would be developed under Alternative 1. Thus, under Alternative 1, impacts to utilities and service systems would not occur. Overall, Alternative 1 would reduce environmental impacts compared to the proposed Project. However, Alternative 1 does not satisfy any of the three Project Objectives. Because Alternative 1 would result in no development of the Project Site, it would not provide an upscale lodging facility or conference room facilities that will service both residents and tourists visiting Old Town Temecula. Whereas the proposed Project satisfies each Project Object, Alternative 1 fulfills none of the Objectives. A-37 Thus, the City Council finds that Alternative 1 would not meet any of the Project Objectives. The City Council hereby finds that each of the reasons set forth above would be an independent ground for rejecting Alternative 1, and by itself, independent of any other reason, would justify rejection of Alternative 1. B. ALTERNATIVE 2—GENERAL PLAN ALTERNATIVE 1. Summary of Alternative Under this alternative, the Project site would be developed with a smaller, three-story hotel, which would include 90 rooms, and would be in accordance with the current Specific Plan land use designation for the Project site, which is Downtown Core (DTC). This alternative would still develop the parking garage. This alternative would not include the Specific Plan Amendment to relocate a portion of the Hotel Overlay (HO) onto the proposed Project site. The hotel would be developed on the existing DTC zoning district, where permitted uses include, but are not limited to hotels, art galleries, museums, restaurants, entertainment oriented uses, small scale boutique retailers such as gift, specialty food, and antique shops and similar retail uses, offices and service oriented uses. Hotels under three stories in the DTC zoning district are not subject to the Supplemental Standards and Special Use Standards in Section IV.G of the Old Town Specific Plan. 2. Reason for Rejecting Alternative Environmental impacts in the Biological Resources, Cultural Resources, Geology and Soils, and Hydrology and Water Resources correlate primarily with the footprint of site development because they relate to the location of a Project and the development of vacant land. A similar area would be disturbed under either Alternative 2 and the proposed Project. Therefore, Alternative 2 would have the same impact in these areas when compared to the proposed Project. Under Alternative 2, the site would be developed with a three-story hotel. Impacts to scenic vistas and scenic resources would be similar to the proposed Project since development of the hotel in either scenario would partially block views of the western viewshed from certain viewpoints. In addition, the hotel developed under Alternative 2 would also be required to comply with the DTC design guidelines and standards because these guidelines and standards apply to all buildings within the DTC or DTC/HO zoning districts. Therefore, the Alternative 2 hotel would be designed with architectural elements that are consistent with the Old Town Specific Plan and would be fitting with the visual character of its surroundings. Thus, implementation of Alternative 2 would result in similar aesthetic impacts compared to the proposed Project. Under Alternative 2, construction of the smaller hotel would result in a shorter construction schedule, fewer ground -disturbing activities and less construction equipment on site. Construction -related emissions from Alternative 2 would have fewer air quality impacts than the proposed Project. Operation of the smaller hotel would result in less energy usage by the building, fewer vehicle trips generated and reduced A-38 area source emissions produced on site, in comparison to the proposed Project. Therefore, implementation of Alternative 2 would have fewer air quality impacts than the proposed Project. Under Alternative 2, a similar area would be disturbed as the proposed Project, and thus, ground disturbing impacts to below ground cultural resources would be similar. The reduced building height under Alternative 2 would not impact cultural resources. However, the development envelope of Alternative 2 would be smaller, thus potential impacts to nearby potential historic structures would be reduced. Therefore, implementation of Alternative 2 would have fewer cultural resources impacts than the proposed Project. Under Alternative 2, the smaller hotel with a reduced building height would be developed with the same California Building Code guidelines and standards as the proposed Project, resulting in the same structural -related and geologic -hazard impacts as the proposed Project. Under Alternative 2, construction and operation of the smaller hotel would result in fewer amounts of hazardous materials that would be used, transported, stored and disposed in comparison to the proposed Project. However, the hotel developed under Alternative 2 would similarly be required to comply with all relevant permits and plans that address and limit the potential release of hazardous materials during construction and operation of the proposed Project. Therefore, Alternative 2 would result in similar, but slightly reduced, hazard -related impacts as the proposed Project. Similar to the proposed Project, Alternative 2 would increase impervious surfaces on the Project site. The smaller hotel under Alternative 2 would likewise be required to adopt a water quality management plan and best management practices to ensure that construction and operation of the hotel do not result in significant impacts to hydrology and water quality. The Project under Alternative 2 would require the same drainage modifications as the proposed Project. Alternative 2 would result in similar effects on hydrology and water quality as the proposed Project. Under Alternative 2, the smaller hotel would be developed on the current Specific Plan land use designation DTC zoning district and no OTSP amendment would be required, resulting in no land use impacts. According to the Specific Plan guidelines, a hotel under four stories is permitted in the DTC zoning district. The smaller hotel would be required to comply with the land use and urban development standards specified for the DTC and DTC/HO zoning districts, similar to the proposed Project. Therefore, Alternative 2 would result in similar land use impacts as the proposed Project. Like the proposed Project, Alternative 2 would increase ambient noise levels and would introduce a new source of noise at the Project site. Construction -related traffic would increase for both the proposed Project and Alternative 2. Traffic -related noise would also increase as a result of both this alternative and the proposed Project. Alternative 2 would generate less daily trips than the proposed Project. However, Alternative 2 would A-39 also have a significant and unavoidable temporary construction noise impact on the nearby sensitive receptors to the Project site. Under Alternative 2, the three-story hotel would have approximately 90 rooms, resulting in a total of approximately 735 daily trips, which is 499 daily trips less than the proposed Project's estimated 1,234 daily trips. Therefore, Alternative 2 would decrease the amount of vehicles in the surrounding circulation system and result in fewer impacts related to traffic and circulation compared to the proposed Project. The proposed Project would result in an increase in the demand for water, wastewater services, and solid waste disposal. Under Alternative 2, the Project site would be developed with a smaller hotel use and which would also increase the demand for water, wastewater, or solid waste services over existing conditions. However, because the hotel would be reduced in size and accommodate fewer guests under Alternative 2, there would be less water consumed and less wastewater generated than the proposed Project. Thus, implementation of Alternative 2 would result in fewer impacts related to utilities and service systems compared to the proposed Project. Overall, Alternative 2 would result in similar or reduced impacts in all environmental resource areas as compared to the proposed Project. Thus, Alternative 2 would overall result in lesser environment impacts. Alternative 2 would partially accomplish the objectives set forth by the Project. It would provide an upscale lodging facility, additional conference room facilities, and be aesthetically compatible within Old Town Temecula. However, Alternative 2 would provide only 90 lodging rooms, as compared to the 151 lodging rooms in the proposed Project. Because Alternative 2 would provide 61 fewer lodging rooms, it would not service the anticipated demand for lodging facilities for residents and tourists in the Old Town area and would not fulfill the DTC/HO designation's purpose of allowing a greater number of rooms to serve lodging needs. Thus, the City Council finds that Alternative 2 would not fully meet any of the Project Objectives. The City Council hereby finds that each of the reasons set forth above would be an independent ground for rejecting Alternative 2, and by itself, independent of any other reason, would justify rejection of Alternative 2. C. ALTERNATIVE 3—REDUCED DEVELOPMENT ALTERNATIVE 1. Summary of Alternative Under this alternative, a mixed-use commercial retail and residential development would be developed on the Project site, currently designated as DTC zoning district according to the Specific Plan. This alternative would not involve the development of a hotel and would not provide conference facilities and banquet rooms, as is provided by the proposed Project. The Project would not require a Specific Plan Amendment for rezoning. The Old Town Specific Plan Land Use and Urban Development standards permit the use of commercial retail and residential uses in the DTC zoning district. However, only attached and non -ground floor residential uses permitted in the DTC A-40 area along Old Town Front Street and Main Street. Alternative 3 would develop approximately 61,000 square feet of commercial uses and approximately 123,000 square feet of residential uses, consisting of 120 residential units. 2. Reason for Rejecting Alternative Under Alternative 3, the site would be developed with a mixed-use commercial and residential development with a four-story, 50 feet maximum height. Impacts to scenic vistas and scenic resources would be similar to the proposed Project, since development of the mixed-use building would also partially block views of the western viewshed from certain viewpoints. In addition, the development under Alternative 3 would also be required to comply with the DTC design guidelines and standards because these guidelines and standards apply to all buildings within the DTC or DTC/HO zoning districts. Therefore, the Alternative 3 development would be designed with architectural elements that are consistent with the Old Town Specific Plan guidelines and would be fitting with the visual character of its surroundings. Thus, implementation of Alternative 3 would result in similar aesthetic impacts compared to the proposed Project. Under Alternative 3, there would be a similar amount of construction -related emissions to the proposed Project due to comparable ground -disturbing activities, amount of construction equipment, and size of building footprint. Therefore, construction -related emissions from Alternative 3 would have similar air quality impacts than the proposed Project. Operation of the mixed-use commercial and residential development, however, would result in higher intensity energy usage by the building, greater vehicle trips generated and increased area source emissions produced on site in comparison to the proposed Project due to the permanent residency within the residential units. Therefore, implementation of Alternative 3 would have greater air quality impacts from operational emissions than the proposed Project. Under Alternative 3, a similar area would be disturbed as the proposed Project, and thus, impacts to below surface cultural resources would be similar. The development envelope of Alternative 3 would also be similar, thus potential impacts to nearby potential historic structures would be reduced. Therefore, implementation of Alternative 3 would have similar cultural resources impacts than the proposed Project. Under Alternative 3, the mixed-use development would also be developed with the same California Building Code guidelines and standards as the proposed Project, resulting in the same structural -related and geologic -hazard impacts as the proposed Project. Under Alternative 3, construction and operation of a mixed-use Project would result in similar amounts of hazardous materials that would be used, transported, stored and disposed in comparison to the proposed Project. In addition, the development under Alternative 3 would similarly be required to comply with all relevant permits and plans that address and limit the potential release of hazardous materials during construction A-41 and operation of the proposed Project. Therefore, Alternative 3 would result in similar hazard -related impacts as the proposed Project. Similar to the proposed Project, Alternative 3 would also increase impervious surfaces on the Project site. The mixed-use development under Alternative 3 would likewise be required to adopt a water quality management plan and best management practices to ensure that the construction and operation of the development does not result in significant impacts to hydrology and water quality. Alternative 3 would result in similar effects on hydrology and water quality as the proposed Project. Under Alternative 3, the site would be developed with a mixed-use development and would be developed on the current Specific Plan land use designation DTC zoning district. According to the Specific Plan guidelines, commercial and residential uses under four stories are permitted in the DTC zoning district. The development would be required to comply with the land use and development standards specified for the DTC and DTC/HO zoning districts, similar to the proposed Project. Additionally, development of Alternative 3 would not require a Specific Plan Amendment. Therefore, Alternative 3 would result in reduced land use impacts as the proposed Project. Like the proposed Project, Alternative 3 would increase ambient noise levels and would introduce a new source of noise at the Project site. Construction -related traffic would increase in the Project area for both the proposed Project and Alternative 3. Similar to the proposed Project, Alternative 3 would also have a significant and unavoidable temporary construction noise impact. Similarly, traffic -related noise would also increase as a result of this alternative; however, traffic would increase more with Alternative 3 than the proposed Project. Overall, Alternative 3 would result in greater noise impacts than the proposed Project. The proposed Project would result in an increase in traffic congestion at nearby intersections and would generate 1,234 daily trips. With Alternative 3, the amount of trips generated from the commercial and residential uses would be increased to 3,427 daily trips, resulting in greater impacts to traffic and circulation than the proposed Project. The proposed Project would result in an increase in the demand for water, wastewater services, and solid waste disposal compared to the existing non -operational uses at the site. The proposed Project would also result in approximately 3.8 million gallons per year (MGY) of water consumed and produce approximately 82.7 tons of waste per year. Under Alternative 3, the Project site would be developed with mixed use, commercial and residential uses, which would also increase the demand for water, wastewater, or solid waste services over existing conditions. Implementation of Alternative 3 would result in approximately 20.1 MGY of water consumed and produce approximately 119.9 tons of solid waste per year. Thus, implementation of Alternative 3 would result in greater impacts related to utilities and service systems compared to the proposed Project. A-42 Overall, Alternative 3 would result in similar or reduced impacts to aesthetics, cultural resources, geology and soils, hazardous materials, hydrology and land use in comparison to the Project. However, Alternative 3 would result in increased impacts to air quality, noise, traffic and circulation, and utilities in comparison to the Project. Thus, Alternative 3 would result in greater environment impacts and it is considered not the environmentally superior alternative. In addition, Alternative 3 would not accomplish all of the Project Objectives. Although Alternative 3 would develop an aesthetically compatible mixed-use development in Old Town Temecula, it would not provide an upscale lodging facility or additional conference room facilities in Old Town Temecula. Thus, the City Council finds that Alternative 3 would not fully achieve the benefits of the Project Objectives and does not avoid the Project's significant environmental impacts. The City Council hereby finds that each of the reasons set forth above would be an independent ground for rejecting Alternative 3, and by itself, independent of any other reason, would justify rejection of Alternative 3. A-43 Exhibit B Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measures Responsible Action Verification of Compliance Monitoring Enforcement Monitoring Indicating Phase Agency Agency Compliance Initials Date Remarks Aesthetics Old Town Specific Plan Program EIR Mitigation Measures Measure 3.1-3a: The applicant shall ensure that all lighting fixtures shall contain "sharp cut-off' fixtures, and shall be fitted with flat glass lenses and internal and external shielding. Pre -Construction/ Construction City of Temecula City of Temecula Building Official or other Designee Issuance of Building Permit and field verification and sign -off by City of Temecula Measure 3.1-3b: The applicant shall ensure that all fixtures shall be parallel with the finished grade of the project site; no fixtures shall be tilted above a 90 -degree angle. Pre -Construction/ Construction City of Temecula City of Temecula Building Official or other Designee Issuance of Building Permit and field verification and sign -off by City of Temecula Measure 3.1-3c: The applicant shall ensure that site lighting systems shall be grouped into control zones to allow for open, 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 Issuance of Building Permit and field verification and sign -off by City of Temecula Measure 3.1-3d: 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. Pre -Construction City of Temecula City of Temecula Building Official or other Designee Issuance of Building Permit and field verification and sign -off by City of Temecula Measure 3.1-3e: The applicant shall submit a lighting plan and photometric plan to be reviewed by the City of Temecula. The lighting plan shall include design features (such as those mentioned above) to minimize impacts of light and glare on the surrounding area. Pre -Construction City of Temecula City of Temecula Building Official or other Designee Issuance of Building Permit and field verification and sign -off by City of Temecula Measure 3.1-3f: The City shall complete a post -installation inspection to ensure that the site is not excessively illuminated (such that lighting is not creating excessive glare, unreasonably competing for the public's attention or creating any roadway safety hazard) and that lighting sources are properly shielded. Post -Construction City of Temecula City of Temecula Building Official or other Designee Issuance of Building Permit and field verification and sign -off by City of Temecula Truax Hotel Project MMRP 1 ESA / 160579 August 2017 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED) Mitigation Measures Responsible Action Monitoring Enforcement Monitoring Indicating Phase Agency Agency Compliance Initials Verification of Compliance Date Remarks Measure 3.1-3g: In order to mitigate potential impacts to the Mount Palomar Observatory, all lighting plans shall be reviewed by the City to assure utilization of low pressure sodium vapor lamps; step-down lighting techniques; shielding to prevent upward and outward illumination; and compliance with the County Ordinance No. 655. Pre -Construction City of Temecula City of Temecula Building Official or other Designee Issuance of Building Permit and field verification and sign -off by City of Temecula Measure 3.1-3h: The proposed Specific Plan amendment shall prohibit 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. 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 of Temecula Project -specific Mitigation Measures Mitigation Measure MM -AES -1: The project applicant would be required to implement the lighting reduction mitigation proposed in the OTSP Program EIR. The following light and glare standards shall be applied to the proposed project: • The applicant shall ensure that all lighting fixtures shall contain "sharp cut-off' fixtures, and shall be fitted with flat glass lenses and internal and external shielding. • The applicant shall ensure that all fixtures shall be parallel with the finished grade of the project site; no fixtures shall be tilted above a 90 -degree angle. • The applicant shall ensure that site lighting systems shall be grouped into control zones to allow for open, 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. • The applicant shall submit a lighting plan and photometric plan to be reviewed by the City of Temecula. The lighting plan shall include design features (such as those mentioned above) to minimize impacts of light and glare on the surrounding area. • The City shall complete a post -installation inspection to ensure that the site is not excessively illuminated (such that lighting is not creating excessive glare, unreasonably competing for the public's 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 of Temecula Truax Hotel Project MMRP 2 ESA / 160579 August 2017 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED) Mitigation Measures Responsible Action Monitoring Enforcement Monitoring Indicating Phase Agency Agency Compliance Initials Verification of Compliance Date Remarks Air Quality Old Town Specific Plan Program EIR Mitigation Measures attention or creating any roadway safety hazard) and that lighting sources are properly shielded. Measure 3.2-2a: The applicant shall ensure that a fugitive dust control • In order to mitigate potential impacts to the Mount Palomar City of Issuance of program is implemented pursuant to the provision of SCAQMD Rule 403. Temecula Observatory, all lighting plans shall be reviewed by the City to assure utilization of low pressure sodium vapor lamps; step-down lighting techniques; shielding to prevent upward and outward illumination; and compliance with the County Ordinance No. 655. Grading Permit and field verification and sign -off by City of Temecula Measure 3.2-2b: Prior to grading and construction, the applicant shall be Pre -Construction City of • The proposed project shall prohibit 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. responsible for compliance with the following: Temecula Temecula Air Quality Old Town Specific Plan Program EIR Mitigation Measures Measure 3.2-2a: The applicant shall ensure that a fugitive dust control Construction City of City of Issuance of program is implemented pursuant to the provision of SCAQMD Rule 403. Temecula Temecula Building Official or other Designee Grading Permit and field verification and sign -off by City of Temecula Measure 3.2-2b: Prior to grading and construction, the applicant shall be Pre -Construction City of City of Issuance of responsible for compliance with the following: Temecula Temecula Grading Permit • During clearing, grading, earth moving, or excavation, maintain Building Official and field equipment engines in proper tune. • After clearing, grading, earth moving, or excavation: or other Designee verification and sign -off by City of Temecula • Wet the area down, sufficient enough to form a crust on the surface with repeated soakings, as necessary, to maintain the crust and prevent dust pick up by the wind. • Spread soil binders. • Implement street sweeping as necessary. • During construction: • Use water trucks or sprinkler systems to keep all areas where vehicles move damp enough to prevent dust raised when leaving the site. • Wet down areas in the late morning and after work is completed for the day. Truax Hotel Project MMRP 3 ESA / 160579 August 2017 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED) Mitigation Measures Responsible Action Monitoring Enforcement Monitoring Indicating Phase Agency Agency Compliance Initials Verification of Compliance Date Remarks • Use low sulfur fuel (0.05 percent by weight) for construction equipment. • Discontinue construction during second stage smog alerts. Measure 3.2-2c: Prior to grading and construction, the applicant shall be Pre -Construction / City of City of Issuance of responsible for compliance with the following. Construction Temecula Temecula Grading Permit • Require a phased schedule for construction activities to minimize Building Official and field daily emissions. • Schedule activities to minimize the amount of exposed excavated soil during and after the end of work periods. or other Designee verification and sign -off by City of Temecula • Treat unattended construction areas with water (disturbed lands which have been, or are expected to be, unused for four or more consecutive days). • Require the planting of vegetative ground cover as soon as possible on construction sites. • Install vehicle wheel -washers before the roadway entrance at construction sites. • Wash off trucks leaving the site. • Require all trucks hauling dirt, sand, soil, or other loose substances and building materials to be covered, or to maintain a minimum freeboard of two feet between the top of the load and the top of the truck bed sides. • Use vegetative stabilization, whenever possible, to control soil erosion from stormwater, especially on super pads. • Require enclosures or chemical stabilization of open storage piles of sand, dirt, or other aggregate materials. • Control off-road vehicle travel by posting driving speed limits on these roads, consistent with City standards. • Use electricity from power poles rather than temporary diesel or gasoline power generators. Measure 3.2-2d: Prior to grading and construction, the applicant shall be Pre -Construction / City of City of Issuance of responsible for the paving of all access aprons to the project site and the Construction Temecula Temecula Grading Permit maintenance of the paving. Building Official or other Designee and field verification and sign -off by City of Temecula Truax Hotel Project MMRP 4 ESA / 160579 August 2017 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED) Mitigation Measures Responsible Action Monitoring Enforcement Monitoring Indicating Phase Agency Agency Compliance Initials Verification of Compliance Date Remarks Measure 3.2-2e: Prior to issuance of grading permits, the applicant shall be responsible for assuring that construction vehicles are equipped with proper emission control equipment to substantially reduce emissions. Pre -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 Measure 3.2-2f: Prior to issuance of grading permits, the applicant shall be responsible for the incorporation of measures to reduce construction- related traffic congestion into the project grading permit. Measures, subject to the approval and verification by the Public Works Department, shall include, as appropriate: • Provision of rideshare incentives. • Provision of transit incentives for construction personnel. • Configuration of construction parking to minimize traffic interference. • Measures to minimize obstruction of through traffic lanes. • Use of a flagman to guide traffic when deemed necessary. Pre -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 Measure 3.2-2g: Prior to the building/construction operations, applicant and individual contractors shall commit in writing to the following: • Scheduling receipt of construction materials outside of the peak travel period hours (i.e., 7:30 — 8:30 AM and 4:00 — 6:00 PM); • Routing construction traffic through areas of least impact sensitivity; and • Limiting lane closures and detours to off-peak travel periods. 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 Where Feasible: Measure 3.2-3a: Construct on-site or off-site bus turnouts, passenger benches, and shelters. 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 Measure 3.2-3b: Provide shuttles to major rail transit centers of multi- modal stations. 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 Truax Hotel Project MMRP 5 ESA / 160579 August 2017 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED) Mitigation Measures Responsible Action Monitoring Enforcement Monitoring Indicating Phase Agency Agency Compliance Initials Verification of Compliance Date Remarks Measure 3.2-3c: Contribute to regional transit systems (e.g., right-of-way, capital improvements, etc.). 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 Measure 3.2-3d: Synchronize traffic lights on streets impacted by development. 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 Measure 3.2-3e: Set up resident worker training programs to improve job/housing balance. 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 Project -specific Mitigation Measures Mitigation Measure MM -AIR -1: All off-road construction equipment with a horsepower (HP) greater than 50 shall be required to have USEPA certified Tier 4 interim engines or engines that are certified to meet or exceed the emission ratings for USEPA Tier 4 engines. A copy of each unit's certified tier specification or model year specification shall be available upon request at the time of mobilization of each applicable unit of equipment. 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 -AIR -2: During earthmoving and construction phases, use water trucks to spray unpaved roads and exposed soils on the project site at least four times per day to keep all areas where vehicles move damp enough to prevent dust raised when leaving the site. In addition, require all vehicles and off-road equipment to limit maximum speed on unpaved roads within the project site to 15 miles per hour. 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 Truax Hotel Project MMRP 6 ESA / 160579 August 2017 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED) Mitigation Measures Responsible Action Verification of Compliance Monitoring Enforcement Monitoring Indicating Phase Agency Agency Compliance Initials Date Remarks Cultural Resources Old Town Specific Plan Program EIR Mitigation Measures Mitigation Measure 3.4-1a: Consistent with the City of Temecula's Pre -Construction City of City of Issuance of General Plan Goal 6 and Implementation Procedure OS -26 and OS -39, the Temecula Temecula Grading Permit Specific Plan Amendment shall include a new policy which requires that all qualified and field areas slated for development or other ground -disturbing activities shall be subject to a Phase I survey (including records search and archaeological survey) for archaeological resources on a project -specific basis prior to the Archaeologist verification and sign -off by City of Temecula City's approval of project plans. The survey shall be carried out by a qualified archaeologist in consultation with local Native American groups. If potentially significant archaeological resources are encountered during the survey, the City shall require that the resources are evaluated for their eligibility for listing on the National Register or California Register, and that recommendations are made for treatment of these resources if found to be significant, in consultation with the appropriate Native American groups. Any identified resources shall be avoided if feasible. Ground -disturbing activity in areas determined to be sensitive for cultural resources shall be monitored by a qualified archaeologist and Native American representative. Mitigation Measure 3.4-1b: Consistent with the City of Temecula's Pre -Construction City of City of Issuance of General Plan Goal 6 and Implementation Procedure OS -26 and OS -39, the Temecula Temecula Grading Permit Specific Plan Amendment shall include a new policy which states that qualified and field during construction, should prehistoric or historic subsurface cultural resources be discovered, all activity in the vicinity of the find shall stop and a qualified archaeologist will be contacted to assess the significance of the find according to CEQA Guidelines Section 15064.5. If any find is determined to be significant, the City and the archaeologist will determine, in consultation with local Native American groups, appropriate avoidance measures or other appropriate mitigation. All significant cultural materials recovered will be, as necessary and at the discretion of the consulting archaeologist and in consultation with local Native American groups, subject to scientific analysis, professional museum curation, and documentation according to current professional standards. Archaeologist verification and sign -off by City of Temecula Mitigation Measure 3.4-2a: Consistent with the City of Temecula's Pre -Construction City of City of Issuance of General Plan Goal 6 and Implementation Procedure OS -2, the Specific Temecula Temecula Grading Permit Plan Amendment shall include a new policy which states that all areas qualified and field slated for development or other ground -disturbing activities in the Specific Plan Area which contain structures 50 years old or older be surveyed and 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 Archaeologist verification and sign -off by City of Temecula Architectural History. If potentially significant resources are encountered Truax Hotel Project MMRP 7 ESA / 160579 August 2017 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED) Mitigation Measures Responsible Action Monitoring Enforcement Monitoring Indicating Phase Agency Agency Compliance Initials Verification of Compliance Date Remarks 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 prepare a treatment plan to include, but not limited to, photo -documentation and public interpretation of the resource. Mitigation Measure 3.4-4a: Consistent with State law, CEQA Guidelines, and the City of Temecula's General Plan Goal 6 and Implementation Construction City of Temecula City of Temecula Issuance of Grading Permit Procedure OS -26 and OS -39, the Specific Plan Amendment shall include a qualified and field new policy which states that if human skeletal remains are uncovered during project construction, work in the vicinity of the find shall cease and the Riverside County coroner will be contacted to evaluate the remains, following the procedures and protocols set forth in Section 15064.5 (e)(1) of the CEQA Guidelines. If the County coroner determines that the remains are Native American, he or she will contact the Native American Heritage Archaeologist verification and sign -off by City of Temecula 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 identify the person(s) thought to be the Most Likely Descendent of the deceased Native American, who will then help determine what course of action should be taken in dealing with the remains. Per Public Resources Code 5097.98, the landowner shall ensure that the immediate vicinity, according to generally accepted cultural or archaeological standards or practices, where the Native American human remains are located, is not damaged or disturbed by further development activity until the landowner has discussed and conferred, as prescribed in this section (PRC 5097.98), with the most likely descendants regarding their recommendations, if applicable, taking into account the possibility of multiple human remains. Mitigation Measure 3.4-5a: The Specific Plan Amendment shall include a Construction City of City of Issuance of new policy which states that in the event that paleontological resources are Temecula Temecula Grading Permit discovered, the project proponent will notify a qualified paleontologist. The qualified and field 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 Paleontologist verification and sign -off by City of Temecula Vertebrate Paleontology standards (Society of Vertebrate Paleontology, 1995)). The paleontologist will notify the appropriate agencies to determine procedures that would be followed before construction is allowed to resume at the location of the find. If the City determines that avoidance is not feasible, the paleontologist will prepare an excavation plan for mitigating Truax Hotel Project MMRP 8 ESA / 160579 August 2017 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED) Mitigation Measures Responsible Action Monitoring Enforcement Monitoring Indicating Phase Agency Agency Compliance Initials Verification of Compliance Date Remarks the effect of the project on the qualities that make the resource important. The plan will be submitted to the City for review and approval prior to implementation. Project -specific Mitigation Measures Mitigation Measure MM -CUL -1: Prior to issuance of a grading permit and prior to the start of any ground -disturbing activity, the applicant shall retain a qualified archaeologist, defined as an archeologist meeting the Secretary of the Interior's Professional Qualification Standards for archeology (U.S. Department of Interior 2012) and as approved by the City of Temecula, to provide archeological expertise in carrying out all mitigation measures related to archeological resources (Mitigation Measures CUL -2 and -3). Pre -Construction City of Temecula City of Temecula qualified Archaeologist Issuance of Grading Permit and field verification and sign -off by City of Temecula Mitigation Measure MM -CUL -2: Prior to the start of ground -disturbing activities, the qualified archaeologist shall designate an archaeological monitor to observe ground -disturbing activities, including but not limited to brush clearance and grubbing, grading, trenching, excavation, and the construction of fencing and access roads, in consultation with the Pechanga monitor. If ground -disturbing activities occur simultaneously in two or more areas located more than 500 feet apart, additional archaeological monitors may be required. The archaeological monitor shall keep daily logs. After monitoring has been completed, the qualified archaeologist shall prepare a monitoring report that details the results of monitoring activities, which shall be submitted to the City, Pechanga Tribe, and to the EIC at the University California, Riverside. Pre -Construction City of Temecula City of Temecula qualified Archaeologist and Pechanga tribal representatives Issuance of Grading Permit; verification by City of Temecula in consultation with Pechanga Tribe Mitigation Measure MM -CUL -3: At least 30 days prior to issuance of a grading permit and prior to the start of any ground -disturbing activity, the project Applicant shall contact the Pechanga Tribe to notify the Tribe of grading, excavation and the monitoring program, and to coordinate with the Tribe to develop and enter into a Cultural Resources Treatment and Monitoring Agreement (Agreement). The Agreement will address the treatment of known cultural resources; appropriate treatment and procedure for inadvertent discoveries; the designation, responsibilities, and participation of Native American Tribal monitors during grading, excavation and ground disturbing activities; project grading and development scheduling; terms of compensation for the monitors; and treatment and final disposition of any cultural resources, sacred sites, and human remains discovered on the site. The Pechanga Tribal monitor shall monitor all ground -disturbing activities including, but not limited to, brush clearance and grubbing, grading, trenching, excavation, and the construction of fencing, as specified in the Agreement, and in consultation with the project archeologist. If ground - disturbing activities occur simultaneously in two or more locations, Pre -Construction/ Construction City of Temecula City of Temecula qualified Archaeologist and Pechanga tribal representatives Issuance of Grading Permit; verification by City of Temecula in consultation with Pechanga Tribe Truax Hotel Project MMRP 9 ESA / 160579 August 2017 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED) Mitigation Measures Responsible Action Monitoring Enforcement Monitoring Indicating Phase Agency Agency Compliance Initials Verification of Compliance Date Remarks additional Native American monitors may be required. Mitigation Measure MM -CUL -4: If inadvertent discoveries of subsurface cultural resources are discovered during ground -disturbing activities, the project Applicant, the project qualified Archaeologist, and the Pechanga Tribe shall assess the significance of such resources and shall meet and confer regarding the mitigation for such resources. Pursuant to PRC Section 21083.2(b), avoidance is the preferred method of preservation for archaeological resources. If the project Applicant and the Pechanga Tribe cannot agree on the significance or the mitigation for such resources, these issues will be presented to the Planning Director for decision. The Planning Director will make the determination based on the provisions of the California Environmental Quality Act with respect to archaeological resources and will take into account the religious beliefs, customs, and practices of the Pechanga Tribe. Notwithstanding any other rights available under the law, the decision of the Planning Director will be appealable to the City Planning Commission and/or City of Temecula City Council. Construction City of Temecula City of Temecula qualified Archaeologist and Pechanga tribal representatives Verification by City of Temecula in consultation with Pechanga Tribe Mitigation Measure MM -CUL -5: The landowner shall relinquish ownership of all cultural resources, including sacred items, burial goods and all archaeological artifacts that are recovered as a result of project implementation to the Pechanga Tribe for proper treatment and disposition as outlined in the Agreement (Mitigation Measure CUL -3). Construction City of Temecula City of Temecula qualified Archaeologist and Pechanga tribal representatives Verification by City of Temecula in consultation with Pechanga Tribe Mitigation Measure MM -CUL -6: All sacred sites, should they be encountered within the project area, shall be avoided and preserved as the preferred mitigation, if feasible. Pre -Construction/ Construction City of Temecula City of Temecula qualified Archaeologist City of Temecula Project Approval Mitigation Measure MM -CUL -7: In the event paleontological resources are discovered during project implementation, the project Applicant will notify the City's Planning Director and a qualified paleontologist, defined as one meeting the Society of Vertebrate Paleontology standards (Society of Vertebrate Paleontology, 1995). The paleontologist shall 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 shall be temporarily halted or diverted until the discovery is examined by a qualified paleontologist. The paleontologist shall notify the appropriate agencies to determine procedures that would be followed before construction is allowed to resume at the location of the find. If the City determines that avoidance is not feasible, the paleontologist shall prepare an excavation plan for Construction City of Temecula City of Temecula qualified Paleontologist and City Planning Director Issuance of Grading Permit, review of plans, field verification and sign -off by City of Temecula Truax Hotel Project MMRP 10 ESA / 160579 August 2017 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED) Mitigation Measures Responsible Action Monitoring Enforcement Monitoring Indicating Phase Agency Agency Compliance Initials Verification of Compliance Date Remarks mitigating the effect of the project on the qualities that make the resource important. The plan will be submitted to the City for review and approval prior to implementation. Mitigation Measure MM -CUL -8: If human remains are encountered, California Health and Safety Code Section 7050.5 states that no further Construction City of Temecula City of Temecula Verification by City of disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to PRC Section qualified Archaeologist Temecula 5097.98(b), remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Pre -Construction/ Construction City of Temecula City of Temecula Building Official or other Designee Issuance of Building Permit and field verification and sign -off by City of Temecula Riverside County Coroner determines the remains to be Native American, the NAHC must be contacted within 24 hours. The NAHC must then immediately identify the Most Likely Descendant (MLD) upon receiving notification of the discovery. The MLD shall then make recommendations within 48 hours and engage in consultation concerning the treatment of the remains as provided in PRC Section 5097.98 and the Agreement described in Mitigation Measure MM -CUL -3. Geology, Soils and Seismicity Old Town Specific Plan Program EIR Mitigation Measures Mitigation Measure 3.5-1: Prior to the issuance of a grading or building permit for individual projects, the project developer shall file a NOI with California to comply with the requirements of the NPDES General Construction Permit (Municipal Code, Chapter 8.24). This would include the preparation of a SWPPP incorporating construction BMPs for control of erosion and sedimentation contained in stormwater runoff. Pre -Construction/ Construction City of Temecula City of Temecula Building Official or other Designee Issuance of Grading or Building Permit, review of plans, field verification and sign -off by City of Temecula Project -specific Mitigation Measures Mitigation Measure MM-GEO-1: Prior to issuance of a building permit, a final design level geotechnical report shall be prepared by a California registered geotechnical engineer or engineering geologist and submitted to the City in accordance with City, CBC and engineering standards. The final report shall be based on the recommendations contained within the Preliminary Geotechnical report prepared for the project site and include measures to incorporate seismic design measures that meets CBC requirements. The report shall address all geotechnical hazards including seismic design, liquefaction, soil stability, and any other geotechnical hazard identified at the site. Pre -Construction/ Construction City of Temecula City of Temecula Building Official or other Designee Issuance of Building Permit and field verification and sign -off by City of Temecula Truax Hotel Project MMRP 11 ESA / 160579 August 2017 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED) Mitigation Measures Responsible Action Verification of Compliance Monitoring Enforcement Monitoring Indicating Phase Agency Agency Compliance Initials Date Remarks Greenhouse Gas Emissions Old Town Specific Plan Program EIR Mitigation Measures Mitigation Measure 3.3-1: The applicant shall require implementation of Pre -Construction/ City of City of Issuance of all feasible energy efficiency and GHG reduction measures, including but Construction Temecula Temecula Building Permit not limited to the following measures. (Feasibility of measure will be Building Official and field determined through consultation with the City and applicant.) or other verification and Energy Efficiency Designee sign -off by City of Temecula • Design buildings to be energy efficient. • Install efficient lighting and lighting control systems. Use daylight as an integral part of lighting systems in buildings. • Install light colored "cool" roofs, cool pavements. • Provide information on energy management services for large energy users. • Install energy efficient heating and cooling systems, appliances and equipment, and control systems. • Install light emitting diodes (LEDs) for traffic, street and other outdoor lighting. Water Conservation and Efficiency • Create water -efficient landscapes. • Install water -efficient irrigation systems and devices, such as soil moisture -based irrigation controls. • Design buildings to be water -efficient. Install water -efficient fixtures and appliances. • Restrict watering methods (e.g., prohibit systems that apply water to non -vegetated surfaces) and control runoff. • Restrict the use of water for cleaning outdoor surfaces and vehicles. • Implement low -impact development practices that maintain the existing hydrologic character of the site to manage storm water and protect the environment. (Retaining storm water runoff on-site can drastically reduce the need for energy -intensive imported water at the site.) • Devise a comprehensive water conservation strategy appropriate for the project and location. The strategy may include many of the specific items listed above, plus other innovative measures that are appropriate to the specific project. • Provide education about water conservation and available programs and incentives. Truax Hotel Project MMRP 12 ESA / 160579 August 2017 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED) Mitigation Measures Responsible Action Monitoring Enforcement Monitoring Indicating Phase Agency Agency Compliance Initials Verification of Compliance Date Remarks Solid Waste Measures • Reuse and recycle construction and demolition waste (including, but not limited to, soil, vegetation, concrete, lumber, metal, and cardboard). 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 • Provide interior and exterior storage areas for recyclables and green waste and adequate recycling containers located in public areas. Land Use Measures • Include mixed-use, infill, and higher density in development projects to support the reduction of vehicle trips, promote alternatives to individual vehicle travel, and promote efficient delivery of services and goods. Transportation and Motor Vehicles • Limit idling time for commercial vehicles, including delivery and construction vehicles. • Use low or zero -emission vehicles, including construction vehicles. Hazards and Hazardous Materials Project -specific Mitigation Measures Mitigation Measure MM-HAZ-1: As a condition of approval for a grading permit, the use of construction best management practices (BMPs) shall be implemented as part of construction to minimize the potential negative effects of accidental release of hazardous materials to groundwater and soils. These shall include the following: • Follow manufacturer's recommendations on use, storage and disposal of chemical products used in construction; 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 • Avoid overtopping construction equipment fuel gas tanks; • During routine maintenance of construction equipment, properly contain and remove grease and oils; and • Properly dispose of discarded containers of fuels and other chemicals in accordance with manufacturer's specifications and local and state regulations. All the BMPs shall be in accordance with the most recent version of the California Stormwater Quality Association (CASQA) BMP Handbook for construction and included in contract specifications. Truax Hotel Project MMRP 13 ESA / 160579 August 2017 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED) Mitigation Measures Responsible Action Verification of Compliance Monitoring Enforcement Monitoring Indicating Phase Agency Agency Compliance Initials Date Remarks Hydrology and Water Quality Old Town Specific Plan Program EIR Mitigation Measures Mitigation Measure 3.5-1: Prior to the issuance of a grading or building permit for individual projects, the project developer shall file a NOI with California to comply with the requirements of the NPDES General Construction Permit (Municipal Code, Chapter 8.24). This would include the preparation of a SWPPP incorporating construction BMPs for control of erosion and sedimentation contained in stormwater runoff. 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 Project -specific Mitigation Measures Mitigation Measure MM -HYD -1: As a condition of approval, the proposed project shall be required to implement the 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 final project designs implement specific water quality features to meet the City's MS4 Permit and Stormwater Ordinance requirements. The WQMP shall be reviewed and approved by the City of Temecula prior to the issuance of a building or grading permit. Pre -Construction / Construction/ Post -Construction City of Temecula City of Temecula Building Official or other Designee Issuance of Building or Grading Permit, review of plans, field verification and sign -off by City of Temecula Mitigation Measure MM -HYD -2: Prior to issuance of a grading permit, a final drainage study shall be prepared by a registered civil engineer and submitted to Public Works with the initial grading plan check in accordance with City, Riverside County and engineering standards. The final study shall identify storm water runoff quantities (to mitigate the 100 -year storm event) from the development of this site and upstream of the site, and shall identify all existing or proposed drainage facilities intended to discharge this runoff. Runoff shall be conveyed to an adequate outfall capable of receiving the storm water runoff without damage to public or private property; the final study shall include a capacity analysis verifying the adequacy of all facilities. If the receiving facilities are determined to be under capacity, then other improvements to existing or proposed drainage facilities shall be incorporated into the final design in accordance with Public Works requirements. Pre -Construction / Construction/ Post -Construction City of Temecula City of Temecula Engineer or other Designee Issuance of Grading Permit, review of plans, field verification and sign -off by City of Temecula Truax Hotel Project MMRP 14 ESA / 160579 August 2017 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED) Mitigation Measures Responsible Action Verification of Compliance Monitoring Enforcement Monitoring Indicating Phase Agency Agency Compliance Initials Date Remarks Noise Old Town Specific Plan Program EIR Mitigation Measures Measure 3.7-1a: The applicant shall ensure, as specified in City of Temecula Ordinance No. 94-25, that no construction may occur within one- quarter (1/4) of a mile of any occupied residence during the following hours: • 6:30 PM to 6:30 AM, Monday through Friday. • Before 7:00 AM or after 6:30 PM, Saturday. • At any time on Sunday or any nationally recognized holiday. 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 Measure 3.7-1b: The applicant shall ensure that all construction equipment will have properly operating mufflers. 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 Measure 3.7-1c: The applicant shall ensure that all construction staging shall be performed as far as possible from occupied dwellings. 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 Measure 3.7-1d: The applicant shall ensure that signs shall be posted at the construction sites that include permitted construction days and hours, and a contact number for the job site. 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 Measure 3.7-2a: The construction contractor will conduct crack surveys before construction activities that could cause architectural damage to nearby structures. The survey will include any historic buildings or buildings in poor condition within 15 feet of construction. The surveys will be done by photographs, video tape, or visual inventory, and will include inside as well as outside locations. All existing cracks in walls, floors, and driveways should be documented with sufficient detail for comparison after construction to determine whether actual vibration damage occurred. A post -construction survey should be conducted to document the condition of the surrounding buildings after the construction is complete. The construction contractor would be liable for construction vibration damage to 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 Truax Hotel Project MMRP 15 ESA / 160579 August 2017 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED) Mitigation Measures Responsible Action Monitoring Enforcement Monitoring Indicating Phase Agency Agency Compliance Initials Verification of Compliance Date Remarks adjacent structures. Measure 3.7-3a: Building equipment (e.g., HVAC units) shall be located away from nearby residences, on building rooftops, and properly shielded by either the rooftop parapet or within an enclosure that effectively blocks the line of sight of the source from the nearest receptors. The resultant HVAC noise level shall not exceed 45 dBA at the nearest receptors. 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 Measure 3.7-3b: In order to avoid noise -sensitive hours, commercial and retail shall prohibit loading and unloading activities between the nighttime hours of 10:00 PM and 7:00 AM. 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 Measure 3.7-3c: To further address the nuisance impact of loading dock/truck delivery noise, all loading areas for commercial and retail uses shall be located at the rear or sides of buildings within the commercial and mixed-use districts, where noise can be directed away from residential uses within the mixed use areas of the project. 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 Measure 3.7-4: If necessary to comply with the interior noise requirements of the City of Temecula and achieve an acceptable interior noise level, noise reduction in the form of sound -rated assemblies (i.e., windows, exterior doors, and walls) shall be incorporated into project building design, based upon recommendations of a qualified acoustical engineer. Final recommendations for sound -rated assemblies will depend on the specific building designs and layout of buildings on the site and shall be determined during the design phase. Pre- 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 Project -specific Mitigation Measures Mitigation Measure MM -N01-1: The applicant shall ensure: • As specified in City of Temecula Ordinance No. 94-25, that no construction may occur within one-quarter (1/4) of a mile of any occupied residence during the following hours: — 6:30 PM to 6:30 AM, Monday through Friday. — Before 7:00 AM or after 6:30 PM, Saturday. — At any time on Sunday or any nationally recognized holiday. • That all construction equipment will have properly operating mufflers. • That all construction staging shall be performed as far as possible from 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 Truax Hotel Project MMRP 16 ESA / 160579 August 2017 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED) Mitigation Measures Responsible Action Monitoring Enforcement Monitoring Indicating Phase Agency Agency Compliance Initials Verification of Compliance Date Remarks occupied dwellings. • That signs shall be posted at the construction sites that include permitted construction days and hours, and a contact number for the job site. Mitigation Measure MM -N01-2: The construction contractor will conduct Pre -Construction/ City of City of Issuance of crack surveys before construction activities that could cause architectural Construction/ Temecula Temecula Grading Permit damage to nearby structures. The survey will include any historic buildings Post -Construction Building and field or buildings in poor condition within 15 feet of construction. The surveys will be done by photographs, video tape, or visual inventory, and will include Official, construction verification and sign -off by City inside as well as outside locations. All existing cracks in walls, floors, and driveways should be documented with sufficient detail for comparison after construction to determine whether actual vibration damage occurred. A post -construction survey should be conducted to document the condition of the surrounding buildings after the construction is complete. The construction contractor would be liable for construction vibration damage to adjacent structures. contractor, or other Designee of Temecula Mitigation Measure MM -N01-3: Implement Temporary Noise Barriers. Construction City of City of Issuance of Implement the field -erected temporary noise barriers including but not Temecula Temecula Grading Permit limited to sound blankets on existing fences and walls or the use of Building Official and field freestanding portable sound walls, to block the line -of -site between or other verification and construction equipment and noise -sensitive receptors during project implementation. Noise barriers should be a minimum of 8 -feet -tall and continuous between the source of noise and adjacent or nearby noise - sensitive receptors. Noise barriers are most effective when placed directly adjacent to either the noise source or receptor. Place sound barriers around stationary sources and near windows, where feasible. Designee sign -off by City of Temecula Barrier construction may include, but not necessarily limited to, using appropriately thick wooden panel walls (at least 1/2 inch thick), as shown in Figure 3.8-1, which are tall enough to block the line -of -sight between the dominant construction noise source(s) and the noise -sensitive receptor. Such barriers can reduce construction noise by 5 to 15 dBA at nearby noise -sensitive receptor locations, depending on barrier height and length, and the distance between the barrier and the noise -producing equipment or activity. Alternately, field -erected noise curtain assemblies could be installed around specific equipment sites or zones of anticipated mobile or stationary activity, resembling the sample shown in Figure 3.8-2. These techniques are most effective and practical when the construction activity noise source is stationary (e.g., auger or drill operation) and the specific source locations of noise emission are near the ground and can be placed as close to the equipment/activity-facing side of the noise barrier as possible. Barrier layout and other implementation details would vary by construction site. Truax Hotel Project MMRP 17 ESA / 160579 August 2017 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED) Mitigation Measures Responsible Action Monitoring Enforcement Monitoring Indicating Phase Agency Agency Compliance Initials Verification of Compliance Date Remarks Mitigation Measure MM -N01-4: • Building equipment (e.g., HVAC units) shall be located away from nearby residences, on building rooftops, and properly shielded by either the rooftop parapet or within an enclosure that effectively blocks the line of sight of the source from the nearest receptors. The resultant HVAC noise level shall not exceed 45 dBA at the nearest receptors. • In order to avoid noise -sensitive hours, commercial and retail shall prohibit loading and unloading activities between the nighttime hours of 10:00 PM and 7:00 AM. • To further address the nuisance impact of loading dock/truck delivery noise, all loading areas for commercial and retail uses shall be located at the rear or sides of buildings within the commercial and mixed-use districts, where noise can be directed away from residential uses within the mixed use areas of the project. Post -Construction City of Temecula City of Temecula Building Official or other Designee Issuance of Building Permit and field verification and sign -off by City of Temecula Mitigation Measure MM -N01-5: If necessary to comply with the interior Post -Construction City of City of Issuance of noise requirements of the City of Temecula and achieve an acceptable Temecula Temecula Building Permit interior noise level, noise reduction in the form of sound -rated assemblies Building Official and field (i.e., windows, exterior doors, and walls) shall be incorporated into project or other verification and building design, based upon recommendations of a qualified acoustical engineer. Final recommendations for sound -rated assemblies will depend on the specific building designs and layout of buildings on the site and shall be determined during the design phase. Designee sign -off by City of Temecula Traffic and Circulation Old Town Specific Plan Program EIR Mitigation Measures Measure 3.9-1: The project applicant shall incorporate the following Construction City of City of Issuance of features into the design of the Specific Plan area: Temecula Temecula Building Permit At the intersection of Old Town Front Street and Rancho California Road Building Official and field provide a northbound through/right-turn lane combination with a right -turn / Public Works verification and overlap. Department or other Designee sign -off by City of Temecula Provide subsequent Traffic Impact Analyses, as development occurs, to determine thresholds for implementation of Roundabouts at the intersections of Old Town Front Street and First Street/Santiago Road/Mercedes Street and Old Town Front Street and Mercedes Street. Provide pedestrian facilities from Old Town Front Street which connect the east and west neighborhood cores with the Old Town Core District. Truax Hotel Project MMRP 18 ESA / 160579 August 2017 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED) Mitigation Measures Responsible Action Monitoring Enforcement Monitoring Indicating Phase Agency Agency Compliance Initials Verification of Compliance Date Remarks Measure 3.9-2: The project applicant shall incorporate the following Construction City of City of Issuance of features into the design of the Specific Plan area: Pre -Construction Temecula Temecula Building Permit At the intersection of Old Town Front Street and Rancho California Road Building Official and field provide a westbound right -turn overlap. / Public Works Department or verification and sign -off by City Provide subsequent Traffic Impact Analyses, as development occurs, to determine thresholds for implementation of Roundabouts at the intersections of Old Town Front Street and First Street/Santiago other Designee of Temecula Road/Mercedes Street and Old Town Front Street and Mercedes Street. Temecula Provide pedestrian facilities from Old Town Front Street which connect the east and west neighborhood cores with the Old Town Core District. Pre -Construction EMWD EMWD Issuance of Project -specific Mitigation Measures Engineer or Grading Permit Mitigation Measure MM -CUM CIR-1: The project applicant shall Construction/ City of City of Issuance of contribute fair -share funding (2%) towards the optimization of the AM peak Post -Construction Temecula Temecula Grading Permit hour traffic signal coordination timing plan. Since Rancho California Road Engineer or and Issuance of operates an Adaptive Traffic Signal System, the entire corridor will require optimization. other Designee a Certificate of Occupancy Utilities Old Town Specific Plan Program EIR Mitigation Measures Measure 3.8-4: Prior to construction in any undeveloped areas, EMWD shall review the plans for consistency with design criteria. Once approved by the EMWD engineer, the applicant shall pay the required connection fee to EMWD prior to construction of the sewer line. Pre -Construction EMWD EMWD Engineer or other Designee Issuance of Grading Permit and verification and sign -off by City of Temecula Measure 3.8-5: Prior to construction, the project applicant and/or each Pre -Construction EMWD EMWD Issuance of subsequent project applicant will pay its fair share in mitigation fees to Engineer or Grading Permit EMWD to upgrade the First Street and the Pujol Street sewer lines. other Designee and verification and sign -off by City of Temecula Measure 3.8-6: All proposed development plans shall designate adequate Pre -Construction EMWD EMWD Issuance of and convenient space on the property to be used for collecting all Engineer or Grading Permit recyclable materials generated on the premises. other Designee and verification and sign -off by City of Temecula Truax Hotel Project MMRP 19 ESA / 160579 August 2017 Exhibit C STATEMENT OF OVERRIDING CONSIDERATIONS The following Statement of Overriding Considerations is made in connection with the proposed approval of the Truax Hotel Development (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 effects when determining whether to approve a project. If the benefits of the project outweigh the unavoidable adverse effects, those effects may be considered acceptable. CEQA requires the agency to provide written findings supporting the specific reasons for considering a project acceptable when significant impacts are unavoidable. Such reasons must be based on substantial evidence in the EIR or elsewhere in the administrative record. The reasons for proceeding with this Project despite the adverse environmental impacts that may result are provided in this Statement of Overriding Considerations. The City Council finds that 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 impacts, or they do not provide the benefits of the Project, or are otherwise socially or economically infeasible as fully described in the Findings and Facts in Support of Findings. The City Council finds that the economic, social and other benefits of the Project outweigh the significant and unavoidable impacts in the areas of Noise and Vibration and Greenhouse Gas Emissions. In making this finding, the City Council has balanced the benefits of the Project against its unavoidable impacts. The City Council finds that each one of the following benefits of the Project independently warrant approval of the Project notwithstanding the unavoidable environmental impacts of the Project. Each of the following benefits, standing alone, is sufficient justification for the City Council to override these unavoidable environmental impacts. A. Hotels were identified as a desirable use for Old Town during the Old Town Specific Plan visioning process (Land Use/Economic Policy 9 — Old Town Specific Plan). As a result, the Old Town Specific Plan provided for the Downtown Core/Hotel Overlay district with the intent to encourage the development of a full service hotel with conference facilities, restaurant and other guest services. The Project is a full service hotel with conference facilities, restaurant, valet parking, gym, and pool. B. The Project is anticipated to stimulate continued development growth within Old Town. Land Use/Economics Objective 5 of the Old Town Specific Plan seeks to establish Old Town as a "24 hour" destination. The overnight guests are anticipated to contribute to the overall Old Town economy during their stay by shopping in local stores and eating at local restaurants. C. Temecula Valley visitor volume has consistently increased, which has increased demand for additional hotel rooms within Temecula. The Project will help satisfy this growing demand by creating 151 new hotel rooms as part of a full-service hotel. RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SPECIFIC PLAN NO. 5 (OLD TOWN) TO RELOCATE A PORTION OF THE EXISTING HOTEL OVERLAY FOR THE TRUAX HOTEL PROJECT, CONSISTING OF APPROXIMATELY 1.48 ACRES GENERALLY LOCATED ON THE SOUTH SIDE OF 3RD STREET BETWEEN OLD TOWN FRONT STREET AND MERCEDES STREET AND TAKE ACTIONS RELATED THERETO (APNS 922-043-002, 922-043-004, 922-043-018, 922-043-024, 922-043-003, 922-043-015, 922-043-023, AND 922-043-025) (PA17-0109) 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. On February 22, 2016, Chris Campbell of Walter R. Allen Architect + Associates filed Planning Application No. PA16-0270, a Development Plan. On January 23, 2017, Gary Thornhill, on behalf of the Truax Group submitted Planning Application No. PA17-0109, a Specific Plan Amendment. On June 30, 2017, Ross Jackson, on behalf of the Truax Group, submitted Planning Application PA17-1020, a Minor Exception. These applications (collectively "Project") were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. Collectively, the Project consists of a relocation of a portion of the existing Hotel Overlay contained within the Old Town Specific Plan to allow for the development of a full service hotel. The project also includes a Minor Exception to increase the allowable building height of a parking garage that will be constructed across the street from the hotel. 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. D. The Old Town Specific Plan was amended in 2010. An Environmental Impact Report was prepared and certified at a public hearing as part of the amendment process. E. A Subsequent Environmental Impact Report (SEIR), Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations were prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA"). Thereafter, City staff circulated a Notice of Completion indicating the public comment period and intent to adopt the SEIR as required by law. The public comment period commenced via the State Clearinghouse from May 2, 2017 through June 15, 2017. A Notice of Availability was also sent to property owners contiguous to the Project area indicating a review period of May 2, 2017 through June 15, 2017. The Notice of Availability was also printed in the San Diego Union Tribune, a newspaper of general circulation within the City of Temecula. Copies of the documents have been available for public review and inspection at the offices of the Community Development Department, located at City Hall, 41000 Main Street, Temecula, California 92590; the Ronald H. Roberts Temecula Public Library located at 30600 Pauba Road; Temecula Grace Mellman Community Library located 41000 County Center Drive; and the City of Temecula website. F. On August 16, 2017, the Planning Commission considered the Final SEIR, Planning Application Nos. PA17-0109, Specific Plan Amendment; PA17-1020, a Minor Exception; and PA16-0270, Development Plan at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support of or opposition to this matter. G. Following consideration of the entire record of information received at the public hearing, the Planning Commission adopted Resolution No. 17-31 "A RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL CERTIFY THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT, ADOPT ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPT A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPT A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE TRUAX HOTEL PROJECT, CONSISTING OF APPROXIMATELY 2.46 ACRES GENERALLY LOCATED ON THE NORTH AND SOUTH SIDE OF 3RD STREET BETWEEN OLD TOWN FRONT STREET AND MERCEDES STREET (APNS: 922-043-002, 922-043-004, 922-043-018, 922-043-024, 922-043-003, 922-043-015, 922-043-023, 922-043-025, 922-044-017, AND 922-044- 020." H. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 17-32 "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SPECIFIC PLAN NO. 5 (OLD TOWN) TO RELOCATE A PORTION OF THE EXISTING HOTEL OVERLAY FOR THE TRUAX HOTEL PROJECT, CONSISTING OF APPROXIMATELY 1.48 ACRES GENERALLY LOCATED ON THE SOUTH SIDE OF 3RD STREET BETWEEN OLD TOWN FRONT STREET AND MERCEDES STREET AND TAKE ACTIONS RELATED THERETO (AP N 922-043, 922-043-004,922-043-018, 922-043-024, 922-043-003,922- 043-015, 922-043-023,922-043-025)" On September 5, 2017, the City Council of the City of Temecula considered the Project and the Final SEIR, Mitigation Monitoring and Reporting Program, and 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 Project and the Final SEIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations prior to and at the public hearing. J. Following the public hearing, the Council adopted Resolution No. 17- "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT, ADOPTING FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE TRUAX HOTEL PROJECT, CONSISTING OF APPROXIMATELY 2.46 ACRES GENERALLY LOCATED ON THE NORTH AND SOUTH SIDE OF 3RD STREET BETWEEN OLD TOWN FRONT STREET AND MERCEDES STREET (APNS: 922- 043-002, 922-043-004, 922-043-018, 922-043-024, 922-043-003, 922-043-015, 922- 043-023, 922-043-025, 922-044-017, AND 922-044-020).)" Resolution No. 17- and the findings therein are hereby incorporated by this reference as set forth in full. K. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Legislative Findings. The City Council in approving the Specific Plan Amendment hereby makes the following findings: A. The proposed specific plan is consistent with the General Plan and Development Code. Goal 6 of the Economic Development Element of the General Plan is about enhancing local tourism and pursues a comprehensive, recognizable tourist destination, offering a range of attractions throughout and beyond the Planning Area. This is accomplished by Policy 6.4. This policy encourages development of lodging along the freeway which interacts well with the professional office and tourism markets and enhances fiscal viability. The proposed amendment to the Old Town Specific Plan will allow for a portion of the existing Hotel Overlay to be relocated to the project site. Because the relocated section of overlay will be required to adhere to the same development requirements stipulated in the Old Town Specific Plan, General Plan and Development Code, the proposed Specific Plan Amendment is consistent with the Policy 6.4 of the General Plan and the Development Code. B. The proposed specific plan would not be detrimental to the public interest, health, safety, convenience or welfare of the city. The proposed amendment has been reviewed against the requirements of the Municipal Code, Building Code, and Fire Code. These codes contain requirements designed to protect the public interest, health, safety, convenience or welfare of the City. The amendment is not anticipated to have a detrimental impact to the public interest, health, safety, convenience or welfare of the City. C. The subject property is physically suitable for the requested land use designations and the anticipated land use developments. The subject property is physically suitable to accept land uses that can take full advantage of the Hotel Overlay's expanded development opportunities. This is because the size of the area that will receive the overlay is large enough to allow for the construction of a full service hotel and parking garage. D. The proposed specific plan shall ensure development of desirable character which will be compatible with existing and proposed development in the surrounding neighborhood. The amendment will allow for the relocation of a portion of the existing Hotel Overlay to move north by approximately 230 feet. This distance will allow for a full service hotel to be located within the same general area of the remaining overlay in the southern portion of the Specific Plan. Therefore, full service hotels of the size allowed by the Hotel Overlay will continue to be concentrated in the southern portion of Old Town and development in this part of Old Town will continue with its originally envisioned character. Other uses that make up this area include mostly restaurants and retail establishments. Section 3. Specific Plan Amendment. The City Council hereby amends Specific Plan No. 5 (Old Town) by relocating a portion of the existing Hotel Overlay as described in Exhibit A, attached to this Resolution and incorporated herein as thought set forth in full. Section 4. Certification. The City Clerk shall certify to the adoption of this Resolution and it shall become effective upon its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 5th day of September, 2017. Maryann Edwards, 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. 17- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 5th day of September, 2017, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk Exhibit A RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DEVELOPMENT PLAN APPLICATION FOR THE TRUAX HOTEL PROJECT TO ALLOW FOR THE CONSTRUCTION OF A SIX-STORY, APPROXIMATELY 175,677 SQUARE FOOT HOTEL GENERALLY LOCATED ALONG THE SOUTH SIDE OF 3RD STREET BETWEEN OLD TOWN FRONT STREET AND MERCEDES STREET,AND A PARKING STRUCTURE TOTALING APPROXIMATELY 86,117 SQUARE FEET AND CONTAINING APPROXIMATELY 2,846 SQUARE FEET OF GROUND FLOOR SPACE (APNS: 922-043-002, 922-043-004, 922-043-018, 922-043-024, 922-043-003, 922-043-015, 922-043-023, 922-043-025, 922-044-017, AND 922-044-020) (PA16-0270) 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. On February 22, 2016, Chris Campbell of Walter R. Allen Architect + Associates filed Planning Application No. PA16-0270, a Development Plan. On January 23, 2017, Gary Thornhill, on behalf of the Truax Group submitted Planning Application No. PA17-0109, a Specific Plan Amendment. On June 30, 2017, Ross Jackson on behalf of the Truax Group, submitted Planning Application No. PA17-1020, a Minor Exception. These applications (collectively "Project") were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. Collectively, the Project consists of a relocation of a portion of the existing Hotel Overlay contained within the Old Town Specific Plan to allow for the development of a full service hotel. The Project also includes a Minor Exception to increase the allowable building height for a parking garage that will be constructed across the street from the hotel. C. Pursuant to the California Environmental Quality Act (CEQA) (Pub. Res. Code § 21000, et seq.) and the State CEQA Guidelines (14 Cal. Code Regs. § 14000, et seq.), the City is the lead agency for the Project. D. The Old Town Specific Plan was amended in 2010. An Environmental Impact Report was prepared and certified at a public hearing as part of the amendment process. E. A Subsequent Environmental Impact Report (SEIR), Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations were prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA"). Thereafter, City staff circulated a Notice of Completion indicating the public comment period and intent to adopt the SEIR as required by law. The public comment period commenced via the State Clearinghouse from May 2, 2017 through June 15, 2017. A Notice of Availability was also sent to adjacent property owners indicating a review period of May 2, 2017 through June 15, 2017. The Notice of Availability was also printed in the San Diego Union Tribune, a newspaper of general circulation within the City of Temecula. Copies of the documents have been available for public review and inspection at the offices of the Community Development Department, located at City Hall, 41000 Main Street, Temecula, California 92590; the Ronald H. Roberts Temecula Public Library located at 30600 Pauba Road; Temecula Grace Mellman Community Library located 41000 County Center Drive; and the City of Temecula website. F. On August 16, 2017, the Planning Commission considered the Final Subsequent Environmental Impact Report (SEIR) Planning Application Nos. PA17-0109, Specific Plan Amendment; PA16-0270, Minor Exception; Development Plan; PA17-1020 at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support of or opposition to this matter. G. Following consideration of the entire record before it at the public hearing and due consideration of the Project the Planning Commission adopted Resolution No. 17-31, "A RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL CERTIFY THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT, ADOPT ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPT A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPT A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE TRUAX HOTEL PROJECT, CONSISTING OF APPROXIMATELY 2.46 ACRES GENERALLY LOCATED ON THE NORTH AND SOUTH SIDE OF 3RD STREET BETWEEN OLD TOWN FRONT STREET AND MERCEDES STREET (APNS: 922-043-002, 922-043-004, 922-043-018, 922-043-024, 922-043-003, 922-043-015, 922-043-023, 922-043-025, 922-044-017, AND 922-044-020"". H. At the conclusion of the Planning Commission hearing and after due consideration of the entire record before the Planning Commission hearing, and after due consideration of the testimony regarding the proposed Project, the Planning Commission adopted Resolution No. 17-33, "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DEVELOPMENT PLAN APPLICATION FOR THE TRUAX HOTEL PROJECTTO ALLOW FOR THE CONSTRUCTION OF A SIX-STORY, APPROXIMATELY 175,677 SQUARE FOOT HOTEL GENERALLY LOCATED ALONG THE SOUTH SIDE OF 3RD STREET BETWEEN OLD TOWN FRONT STREET AND MERCEDES STREET, AND CONTAINING APPROXIMATELY 2,846 SQUARE FEET OF GROUND FLOOR COMMERCIAL SPACE. (APN: 922-043-002, 922-043-004, 922-043-018, 922-043-024, 922-043-003, 922043-015, 922-043-023, 922-043-025, 922-044-017, AND 922-044-020)" I. On September 5, 2017 the City Council of the City of Temecula considered the Project and the Final SEIR, Mitigation Monitoring and Reporting Program, and 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 Project and the Final SEIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations prior to and at the public hearing. J. Following the public hearing, the Council adopted Resolution No. 17- "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT, ADOPTING FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE TRUAX HOTEL PROJECT, CONSISTING OF APPROXIMATELY 2.46 ACRES GENERALLY LOCATED ON THE NORTH AND SOUTH SIDE OF 3RD STREET BETWEEN OLD TOWN FRONT STREET AND MERCEDES STREET (APNS: 922-043, 922-043-004, 922-043-018, 922-043-024, 922-043-003, 922-043-015, 922-043-023, 922-043-025, 922-044-017, AND 922-044-020)." Resolution No. 17- and the findings therein are hereby incorporated by this reference as set forth in full. K. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Legislative Findings. The City Council in approving the Project, pursuant to Temecula Municipal Code Section, 17.05.010, hereby finds, determines and declares that: A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City; The application will allow for the construction of a full-service hotel. The project will be in conformance with the Goal 6 Policy 6.4 of the General Plan for Temecula. This goal and policy encourage lodging facilities along the freeway. The Project is also in compliance with all applicable requirements of State law and other Ordinances of the City once the Specific Plan Amendment is approved. This is because hotels of this scale are permitted in the Hotel Overlay of the Old Town Specific Plan. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare; The project has been reviewed to ensure compliance with the Development, Building, and Fire Codes. The project has also been reviewed to ensure compliance with the Old Town Temecula Specific Plan. These codes and the Specific Plan contain provisions that are designed to ensure for the protection of the public health, safety, and general welfare. Section 3. Conditions of Approval. The City Council of the City of Temecula approves Planning Application No. PA16-0270, a Development Plan application for a six- story, approximately 175,677 square foot hotel generally located along the south side of 3rd Street between Old Town Front Street and Mercedes Street, and a parking structure to be constructed directly across 3rd Street, subject to the Conditions of Approval set forth in Exhibit A, attached hereto, and incorporated herein by this reference. Section 4. Certification. The City Clerk shall certify to the adoption of this Resolution and it shall become effective upon its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 5th day of September, 2017. Maryann Edwards, 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. 17- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 5th day of September, 2017, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA16-0270 Project Description: Assessor's Parcel No.: Boutique Hotel Development Plan: A Development Plan application for a six -story, approximately 175,677 square foot hotel generally located along the south side of 3rd Street between Old Town Front Street and Mercedes Street. The hotel will contain 151 guest rooms. A parking structure will also be constructed directly across 3rd Street. The parking structure will total approximately 86,117 square feet and contain approximately 2,846 square feet of ground floor commercial space 213 parking spaces that will provide valet parking for hotel guests. 922-044-017 922-043-018 922-044-015 922-043-003 922-043-002 922-043-004 922-043-015 MSHCP Category: Commercial DIF Category: Service Commercial for Hotel and Restaurant / Retail Commercial for Retail TUMF Category: Service Commercial for Hotel and Restaurant / Retail Commercial for Retail Quimby Category: Non -Residential Project New Street In -lieu of Fee: Not Located within the Uptown Specific Plan Approval Date: September 5, 2017 Expiration Date: September 5, 2020 PLANNING DIVISION Within 48 Hours of the Approval 1 Filing Notice of Determination. The applicant/developer shall deliver to the Planning Division a cashiers check or money order made payable to the County Clerk in the amount of Three Thousand One Hundred and Twenty-eight Dollars and Zero Cents ($3,128.00) which includes the Three Thousand and Seventy-eight Dollars and Zero Cents ($3,078.00) fee, required by Fish and Wildlife Code Section 711.4(d)(3) plus the Fifty Dollars ($50.00) County administrative fee, to enable the City to file the Notice of Determination for the Environmental Impact Report required under Public Resources Code Section 21152 and California Code of Regulations Section 15904. If within said 48-hour period the applicant/developer has not delivered to the Planning Division the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Wildlife Code Section 711.4(c)). General Requirements 2. Indemnification of the City. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City and its attorneys from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. 3. Expiration. This approval shall be used within three years of the approval date; otherwise, it shall become null and void. Use means the beginning of substantial construction contemplated by this approval within the 3 -year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval, or use of a property in conformance with a Conditional Use Permit. 4 Time Extension. The Director of Community Development may, upon an application being filed prior to expiration, and for good cause, grant up to 5 extensions of time, one year at a time. 5. Consistency with Specific Plans. This project and all subsequent projects within this site shall be consistent with Specific Plan No. 5 (Old Town). 6. Compliance with EIR. The project and all subsequent projects within this site shall comply with all mitigation measures identified within EIR No. 2017011029. 7. Conformance with Approved Plans. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Division. 8. Signage Permits. A separate building permit shall be required for all signage. 9. Landscape Maintenance. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Director of Community Development. If it is determined that the landscaping is not being maintained, the Director of Community Development shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. 10. Water Quality and Drainage. Other than stormwater, it is illegal to allow liquids, gels, powders, sediment, fertilizers, landscape debris, and waste from entering the storm drain system or from leaving the property. To ensure compliance with this Condition of Approval: a. Spills and leaks shall be cleaned up immediately. b. Do not wash, maintain, or repair vehicles onsite. c. Do not hose down parking areas, sidewalks, alleys, or gutters. d. Ensure that all materials and products stored outside are protected from rain. e. Ensure all trash bins are covered at all times. 11. Paint Inspection. The applicant shall paint a three -foot -by -three-foot section of the building for Planning Division inspection, prior to commencing painting of the building. 12. Photographic Prints. The applicant shall submit to the Planning Division for permanent filing two 8" X 10" glossy photographic color prints of the approved color and materials board and the colored architectural elevations. All labels on the color and materials board and elevations shall be readable on the photographic prints. 13. Materials and Colors. The Conditions of Approval specified in this resolution, to the extent specific items, materials, equipment, techniques, finishes or similar matters are specified, shall be deemed satisfied by City staffs prior approval of the use or utilization of an item, material, equipment, finish or technique that City staff determines to be the substantial equivalent of that required by the Conditions of Approval. Staff may elect to reject the request to substitute, in which case the real party in interest may appeal, after payment of the regular cost of an appeal, the decision to the Planning Commission for its decision. Roof Tiles - Terra Cotta Blend Roman Pan Standing Seam Metal Roof - Berridge or eq. Zinc Gray, Antique Copper Cote Stucco Finish - Cast in Place Concrete Pattern Texture, Troweled Lace, Smooth Textures, Colors: Clay, Silverado, Dove Grey, Canvas Brick - Sandmold Monticello, Fluted Brick, MCnear Color Blend Chartham Simulated Tile Domes - Bronze Patina Stone Veneer - Arriscraft, Renaissance, Oak Ridge, Smooth/Rackface, Renaissance, Graphite Pre -Cast Concrete, Modern Gray, Column Wrought Iron Railing - Hot Dipped Galvanized Steel, Black with Decorative Elements Windows - Colors: Hemlock Green, Linen, TW Brown, Seawolf Doors - Colors: Walnut, Hemlock Green, Linen, TW Brown, Seawof Decorative Tile - Cal Pottery & Tile Works Cementitious Wood Siding - Color White Cast Iron Column - Color Charcoal Baluster - Color Natural 14. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 15. Trash Enclosures. The trash enclosures shall be Targe enough to accommodate a recycling bin, as well as regular solid waste containers. 16. Trash Enclosures. Trash enclosures shall be provided to house all trash receptacles utilized on the site. These shall be clearly labeled on the site plan. 17. Covered Trash Enclosures. All trash enclosures on site shall include a solid cover and the construction plans shall include all details of the trash enclosures, including the solid cover. 18. Phased Construction. If construction is phased, a construction staging area plan or phasing plan for construction equipment and trash shall be approved by the Director of Community Development. 19. Construction and Demolition Debris. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris and shall provide the Planning Division verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul demolition and construction debris. 20. Public Art Ordinance. The applicant shall comply with the requirements of the City's Public Art Ordinance as defined in Section 5.08 of the Temecula Municipal Code. 21. Property Maintenance. All parkways, including within the right-of-way, entryway median, landscaping, walls, fencing, recreational facilities, and on-site lighting shall be maintained by the property owner or maintenance association. Prior to Issuance of Grading Permit 22. Placement of Transformer. Provide the Planning Division with a copy of the underground water plans and electrical plans for verification of proper placement of transformer(s) and double detector check valves prior to final agreement with the utility companies. 23. Placement of Double Detector Check Valves. Double detector check valves shall be installed at locations that minimize their visibility from the public right-of-way, subject to review and approval by the Director of Community Development. 24. Archaeological/Cultural Resources Grading Note. The following shall be included in the Notes Section of the Grading Plan: "If at any time during excavation/construction of the site, archaeological/cultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Director of Community Development at his/her sole discretion may require the property owner to deposit a sum of money it deems reasonably necessary to allow the City to consult and/or authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the discovery is not an archaeological/ cultural resource, the Planning Director shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeological/cultural resource, the Planning Director shall notify the property owner that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Planning Director." 25. Cultural Resources Treatment Agreement. The developer is required to enter into a Cultural Resources Treatment Agreement with the Pechanga Tribe. The agreement shall be in place prior to issuance of a grading permit. To accomplish this, the applicant should contact the Pechanga Tribe no Tess than 30 days and no more than 60 days prior to issuance of a grading permit. This Agreement will address the treatment and disposition of cultural resources, the designation, responsibilities, and participation of professional of professional Pechanga Tribal monitors during grading, excavation and ground disturbing activities; project grading and development scheduling; terms of compensation for the monitors; and treatment and final disposition of any cultural resources, sacred sites, and human remains discovered on site. The Pechanga monitor's authority to stop and redirect grading will be exercised in consultation with the project archaeologist in order to evaluate the significance of any potential resources discovered on the property. Pechanga and archaeological monitors shall be allowed to monitor all grading, excavation and ground breaking activities, and shall also have the limited authority to stop and redirect grading activities should an inadvertent cultural resource be identified. 26. Discovery of Cultural Resources. The following shall be included in the Notes Section of the Grading Plan: "If cultural resources are discovered during the project construction (inadvertent discoveries), all work in the area of the find shall cease, and the qualified archaeologist and the Pechanga monitor shall investigate the find, and make recommendations as to treatment." 27. Archaeological Monitoring Notes. The following shall be included in the Notes Section of the Grading Plan: "A qualified archaeological monitor will be present and will have the authority to stop and redirect grading activities, in consultation with the Pechanga Tribe and their designated monitors, to evaluate the significance of any archaeological resources discovered on the property." 28. Tribal Monitoring Notes. The following shall be included in the Notes Section of the Grading Plan: "A Pechanga Tribal monitor will be present and will have the authority to stop and redirect grading activities, in consultation with the project archaeologist and their designated monitors, to evaluate the significance of any potential resources discovered on the property." 29. Relinquishment of Cultural Resources. The following shall be included in the Notes Section of the Grading Plan: "The landowner agrees to relinquish ownership of all cultural resources, including all archaeological artifacts that are found on the project area, to the Pechanga Tribe for proper treatment and disposition." 30. Preservation of Sacred Sites. The following shall be included in the Notes Section of the Grading Plan: "All sacred sites are to be avoided and preserved." 31. Rough Grading Plans. A copy of the Rough Grading Plans shall be submitted and approved by the Planning Division. 32. Archaeologist Retained. Prior to beginning project construction, the Project Applicant shall retain a Riverside County qualified/City of Temecula approved archaeological monitor to monitor all ground -disturbing activities in an effort to identify any unknown archaeological resources. Any newly discovered cultural resource deposits shall be subject to a cultural resources evaluation (See PL -4). The archaeological monitor's authority to stop and redirect grading will be exercised in consultation with the Pechanga Tribe in order to evaluate the significance of any potential resources discovered on the property. Pechanga and archaeological monitors shall be allowed to monitor all grading, excavation and groundbreaking activities, and shall also have the limited authority to stop and redirect grading activities should an inadvertent cultural resource be identified. The archaeologist shall provide a final monitoring report at the end of all earthmoving activities to the City of Temecula, the Pechanga Tribe and the Eastern Information Center at UC, Riverside. 33. Human Remains. If human remains are encountered, California Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to California Public Resources Code Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission must be contacted within 24 hours. The Native American Heritage Commission must then immediately identify the "most likely descendant(s)" of receiving notification of the discovery. The most likely descendant(s) shall then make recommendations within 48 hours, and engage in consultations concerning the treatment of the remains as provided in Public Resources Code 5097.98 and the Treatment Agreement described in these conditions. Prior to Issuance of Building Permit 34. Transportation Uniform Mitigation Fee (TUMF). The City of Temecula adopted an ordinance on March 31, 2003 to collect fees for a Riverside County area wide Transportation Uniform Mitigation Fee (TUMF). This project is subject to payment of these fees at the time of building permit issuance. The fees are subject to the provisions of Chapter 15.08 of the Temecula Municipal Code and the fee schedule in effect at the time of building permit issuance. 35. Downspouts. All downspouts shall be internalized. 36. Development Impact Fee (DIF). The developer shall comply with the provisions of Title 15, Chapter 15.06 of the Temecula Municipal Code and all its resolutions by paying the appropriate City fee. 37. Photometric Plan. The applicant shall submit a photometric plan, including the parking lot, to the Planning Division, which meets the requirements of the Development Code and the Riverside County Palomar Lighting Ordinance 655. All exterior LED light fixtures shall be 3,000 kelvin or below. The parking lot light standards shall be placed in such a way as to not adversely affect the growth potential of the parking lot trees. 38. Construction Landscaping and Irrigation Plans. Four (4) copies of Construction Landscaping and Irrigation Plans shall be reviewed and approved by the Planning Division. These plans shall be submitted as a separate submittal, not as part of the building plans or other plan set. These plans shall conform to the approved conceptual landscape plan, or as amended by these conditions. The location, number, height and spread, water usage or KC value, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance and Water Storage Contingency Plan per the Rancho California Water District. The plans shall be accompanied by the appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal) and one copy of the approved Grading Plan. 39. Landscaping Site Inspections. The Landscaping and Irrigation Plans shall include a note stating, "Three landscape site inspections are required. The first inspection will be conducted at installation of irrigation while trenches are open. This will verify that irrigation equipment and layout is per plan specifications and details. Any adjustments or discrepancies in actual conditions will be addressed at this time and will require an approval to continue. Where applicable, a mainline pressure check will also be conducted. This will verify that the irrigation mainline is capable of being pressurized to 150 psi for a minimum period of two hours without loss of pressure. The second inspection will verify that all irrigation systems are operating properly, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The third inspection will verify property landscape maintenance for release of the one-year landscape maintenance bond." The applicant/owner shall contact the Planning Division to schedule inspections. 40. Agronomic Soils Report. The Landscaping and Irrigation Plans shall include a note on the plans stating, "The contractor shall provide two copies of an agronomic soils report at the first irrigation inspection." 41. Water Usage Calculations. The Landscaping and Irrigation Plans shall include water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance), the total cost estimate of plantings and irrigation (in accordance with approved plan). Applicant shall use evapotranspiration (ETo) factor of 0.70 for calculating the maximum allowable water budget. 42. Landscape Maintenance Program. A landscape maintenance program shall be submitted to the Planning Division for approval. The landscape maintenance program shall detail the proper maintenance of all proposed plant materials to assure proper growth and landscape development for the long-term esthetics of the property. The approved maintenance program shall be provided to the landscape maintenance contractor who shall be responsible to carry out the detailed program. 43. Specifications of Landscape Maintenance Program. Specifications of the landscape maintenance program shall indicate, "Three landscape site inspections are required. The first inspection will be conducted at installation of irrigation while trenches are open. This will verify that irrigation equipment and layout is per plan specifications and details. Any adjustments or discrepancies in actual conditions will be addressed at this time and will require an approval to continue. Where applicable, a mainline pressure check will also be conducted. This will verify that the irrigation mainline is capable of being pressurized to 150 psi for a minimum period of two hours without loss of pressure. The second inspection will verify that all irrigation systems are operating properly, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The third inspection will verify property landscape maintenance for release of the one-year landscape maintenance bond." The applicant/owner shall contact the Planning Division to schedule inspections. 44. Irrigation. The landscaping plans shall include automatic irrigation for all landscaped areas and complete screening of all ground mounted equipment from view of the public from streets and adjacent property for private common areas; front yards and slopes within individual lots; shrub planting to completely screen perimeter walls adjacent to a public right-of-way equal to 66 feet or larger; and, all landscaping excluding City maintained areas and front yard landscaping which shall include, but may not be limited to, private slopes and common areas. 45. Hardscaping. The landscape plans shall include all hardscaping for equestrian trails and pedestrian trails within private common areas. 46. Precise Grading Plans. Precise Grading Plans shall be consistent with the approved rough grading plans including all structural setback measurements. 47. Building Construction Plans for Outdoor Areas. Building Construction Plans shall include detailed outdoor areas (including but not limited to trellises, decorative furniture, fountains, hardscape, etc.) to match the style of the building subject to the approval of the Director of Community Development. 48. Landscaping Requirement for Phased Development. If any phase or area of the project site is not scheduled for development within six months of the completion of grading, the landscaping plans shall indicate it will be temporarily landscaped and irrigated for dust and soil erosion control. 49. WQMP Landscape Compliance. The construction landscape plans shall be consistent with Appendix A, Table 31 of the Low Impact Development (LID) Manual for Southern California for plant materials and treatment facilities, and shall reference the approved precise grading plan for WQMP features. 50. Utility Screening. All utilities shall be screened from public view. Landscape construction drawings shall show and label all utilities and provide appropriate screening. Provide a three-foot clear zone around fire check detectors as required by the Fire Department before starting the screen. Group utilities together in order to reduce intrusion. Screening of utilities is not to look like an after -thought. Plan planting beds and design around utilities. Locate all light poles on plans and ensure that there are no conflicts with trees. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit 51. Screening of Loading Areas. The applicant shall be required to screen all loading areas and roof mounted mechanical equipment from view of the adjacent residences and public right-of-ways. If upon final inspection it is determined that any mechanical equipment, roof equipment or backs of building parapet walls are visible from any portion of the public right-of-way adjacent to the project site, the developer shall provide screening by constructing a sloping tile covered mansard roof element or other screening reviewed and approved by the Director of Community Development. 52. Landscape Installation Consistent with Construction Plans. All required landscape planting and irrigation shall have been installed consistent with the approved construction plans and shall be in a condition acceptable to the Director of Community Development. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 53. Performance Securities. Performance securities, in amounts to be determined by the Director of Community Development, to guarantee the maintenance of the plantings in accordance with the approved construction landscape and irrigation plan, shall be filed with the Planning Division for a period of one year from final Certificate of Occupancy. After that year, if the landscaping and irrigation system have been maintained in a condition satisfactory to the Director of Community Development, the bond shall be released upon request by the applicant. 54. Installation of Site Improvements. All site improvements, including but not limited to, parking areas and striping shall be installed. 55. Butterfield Sguare. The applicant shall collaborate with the Temecula Valley Historical Society to develop a commemorative plaque and photograph within the hotel of the Butterfield Square building to the satisfaction of the Community Development Director. 56. Certificate of Occupancy. The hotel shall not receive a Certificate of Occupancy until the parking garage has received all final inspections and occupancy approvals. 57. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Outside Agencies 58. Flood Protection. Flood protection shall be provided in accordance with the Riverside County Flood Control Districts transmittal dated March 1, 2016, a copy of which is attached. The fee is made payable to the Riverside County Flood Control Water District by either a cashier's check or money order, prior to the issuance of a grading permit (unless deferred to a later date by the District), based upon the prevailing area drainage plan fee. 59. Compliance with Dept. of Environmental Health. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittals dated May 10, 2017 and June 15, 2017, copies of which are attached. 60. Compliance with EMWD. The applicant shall comply with the recommendations set forth in the Eastern Municipal Water District's transmittal dated April 22, 2016, a copy of which is attached. 61. Compliance with RCWD. The applicant shall comply with the recommendations set forth in the Rancho California Water District's transmittal dated April 25, 2017, a copy of which is attached. PUBLIC WORKS DEPARTMENT General Requirements 62. Conditions of Approval. The developer shall comply with all Conditions of Approval, the Engineering and Construction Manual and all City codes/standards at no cost to any governmental agency. 63. Entitlement Approval. The developer shall comply with the approved site plan, the conceptual Water Quality Management Plan (WQMP) and other relevant documents approved during entitlement. Any significant omission to the representation of site conditions may require the plans to be resubmitted for further review and revision. 64. Precise Grading Permit. A precise grading permit for on site improvements (outside of public right-of-way) shall be obtained from Public Works. 65. Haul Route Permit. A haul route permit may be required when soils are moved on public roadways to or from a grading site. The developer/contractor is to verify if the permit is required. If so, he shall comply with all conditions and requirements per the City's Engineering and Construction Manual and as directed by Public Works. 66. Encroachment Permits. Prior to commencement of any applicable construction, encroachment permit(s) are required and shall be obtained from Public Works for public offsite improvements. 67. Street Improvement Plans. The developer shall submit public/private street improvement plans for review and approval by Public Works. The plans shall be in compliance with Caltrans and City codes/standards; and shall include, but not limited to, plans and profiles showing existing topography, existing/proposed utilities, proposed centerline, top of curb and flowline grades. 68. Signing & Striping Plan. A signing & striping plan, designed by a registered civil engineer per the latest edition of Caltrans MUTCD standards, shall be included with the street improvement plans for approval. 69. Storm Drain Improvement Plans. The developer shall submit storm drain improvement plans if the street storm flows exceeds top of curb for the 10 -year storm event and/or is not contained within the street right-of-way for the 100 -year storm event. A manhole shall be constructed at right-of-way where a private and public storm drain systems connect. The plans shall be approved by Public Works. 70. Landscaved Parkways. The developer: a. shall contact the Park/Landscape Maintenance Supervisor for a pre -design meeting to discuss design parameters. The design shall be in conformance with the Temecula Landscape Standards b. shall set a pre -construction meeting with the appropriate parties including Public Works and Building & Safety, prior to start of work. The developer shall comply with the Public Works' review and inspection process c. his successor or assignee, shall be responsible for the maintenance of the landscaped median until such time Public Works accepts that responsibility 71. Private Drainage Facilities. All onsite drainage and water quality facilities shall be privately maintained. Prior to Issuance of a Grading Permit 72. Environmental Constraint Sheet (ECS). The developer shall comply with all constraints per the recorded ECS with any underlying maps related to the subject property. 73. Grading/Erosion & Sediment Control Plan. The developer shall submit a grading/erosion & sediment control plan(s) to be reviewed and approved by Public Works. All plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site. The approved plan shall include all construction -phase pollution -prevention controls to adequately address non -permitted runoff. Refer to the City's Engineering & Construction Manual at: www.TemeculaCA.gov/ECM 74. Erosion & Sediment Control Securities. The developer shall comply with the provisions of Chapter 24, Section 18.24.140 of the Temecula Municipal Code by posting security and entering into an agreement to guarantee the erosion & sediment control improvements. 75. NPDES General Permit Compliance. The developer shall obtain project coverage under the State National Pollutant Discharge Elimination System (NPDES) General Permit for Construction Activities and shall provide the following: a. A copy of the Waste Discharge Identification Number (WDID) issued by the State Water Resources Control Board (SWRCB); b. The project's Risk Level (RL) determination number; and c. The name, contact information and certification number of the Qualified SWPPP Developer (QSD) Pursuant to the State Water Resources Control Board (SWRCB) requirements and City's storm water ordinance, a Storm Water Pollution Prevention Plan (SWPPP) shall be generated and submitted to the Board. Throughout the project duration, the SWPPP shall be routinely updated and readily available (onsite) to the State and City. Review www.cabmphandbooks.com for SWPPP guidelines. Refer to the following link: http://www.waterboards.ca.gov/water issues/programs/stormwater/construction.shtml 76. Water Quality Management Plan (WQMP) and O&M Agreement. The developer shall submit a final WQMP (prepared by a registered professional engineer) with the initial grading plan submittal, based on the conceptual WQMP from the entitlement process. It must receive acceptance by Public Works. A copy of the final project -specific WQMP must be kept onsite at all times. In addition, a completed WQMP Operation and Maintenance (O&M) Agreement shall be submitted for review and approval. Upon approval from City staff, the applicant shall record the O&M agreement at the County Recorder's Office in Temecula. Refer to the WQMP template and agreement link below: www.TemeculaCA.gov/WQMP 77. Area Drainage Plan (ADP) Fee to RCFC&WCD. The developer shall demonstrate to the City that the flood mitigation charge (ADP fee) has been paid to RCFC&WCD. If the full ADP fee has already been credited to this property, no new charge will be required. 78. Drainage. All applicable drainage shall be depicted on the grading plan and properly accommodated with onsite drainage improvements and water quality facilities, which shall be privately maintained. Alterations to existing drainage patterns or concentration and/or diverting flows is not allowed unless the developer constructs adequate drainage improvements and obtains the necessary permissions from the downstream property owners. All drainage leaving the site shall be conveyed into a public storm drain system, if possible. The creation of new cross lot drainage is not permitted. 79 Drainage Study. A drainage study shall be prepared by a registered civil engineer and submitted to Public Works with the initial grading plan check in accordance with City, Riverside County and engineering standards. The study shall identify storm water runoff quantities (to mitigate the 100 -year storm event) from the development of this site and upstream of the site. It shall identify all existing or proposed offsite or onsite, public or private, drainage facilities intended to discharge this runoff. Runoff shall be conveyed to an adequate outfall capable of receiving the storm water runoff without damage to public or private property. The study shall include a capacity analysis verifying the adequacy of all facilities. Any upgrading or upsizing of drainage facilities necessary to convey the storm water runoff shall be provided as part of development of this project. 80. Soils Report. A soils report, prepared by a registered soil or civil engineer, shall be submitted to Public Works with the initial grading plan submittal. The report shall address the site's soil conditions and provide recommendations for the construction of engineered structures and preliminary pavement sections. 81. Geological Report. The developer shall complete any outstanding County geologist's requirements, recommendations and/or proposed Conditions of Approval as identified during entitlement. 82. Letter of Permission/Easement. The developer shall obtain documents (letters of permission or easements) for any offsite work performed on adjoining properties. The document's format is as directed by, and shall be submitted to, Public Works for acceptance. The document information shall be noted on the approved grading plan. 83. Sight Distance. The developer shall limit landscaping in the corner cut-off area of all street intersections and adjacent to driveways to provide for minimum sight distance and visibility. 84. Habitat Conservation Fee. The developer shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in the ordinance or by providing documented evidence that the fees have already been paid. Prior to Issuance of Encroachment Permit(s) 85. Public Utility Agency Work. The developer shall submit all relevant documentation due to encroaching within City right-of-way; and is responsible for any associated costs and for making arrangements with each applicable public utility agency. 86. Traffic Control Plans. A construction area traffic control plan (TCP) will be required for lane closures and detours or other disruptions to traffic circulation; and shall be reviewed and approved by Public Works. The TCP shall be designed by a registered civil or traffic engineer in conformance with the latest edition of the Caltrans Manual on Uniform Traffic Control Devices (MUTCD) and City standards. 87. Improvement Plans. All improvement plans (including but not limited to street, storm drain, traffic) shall be reviewed and approved by Public Works. 88. Street Trenching. All street trenches shall conform to City Standard No. 407; refer to the City's Paving Notes. Prior to Issuance of Building Permit(s) 89. Final Mac. Prior to the issuance of the first building permit, Parcel Map No. 37081 shall be approved and recorded. 90. Construction of Street Improvements. All street improvement plans shall be approved by Public Works. The developer shall start construction of all public street improvements, as outlined below, in accordance to the City's Old Town Specific Plan and corresponding City standards. All street improvement designs shall provide adequate right-of-way and pavement transitions per Caltrans' standards to join existing street improvements. a. Improve Old Town Front Street along property frontage — (Old Town Specific Plan Standard) to include installation of sidewalk, streetlights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) b. Improve Mercedes Street along property frontage — (Old Town Specific Plan Standard) to include installation of half -width street improvements plus twelve feet, paving, rolled curb and gutter, sidewalk, streetlights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). c. Improve Third Street along property frontage — (Old Town Specific Plan Standard modified) to include installation of half -width street improvements plus twelve feet, paving, rolled curb and gutter, sidewalk, streetlights, drainage facilities, signing and striping, pavers, utilities (including but not limited to water and sewer). d. Complete Third Street improvements from Old Town Front Street to Mercedes Street to include full width (40 feet wide) paving. e. Improve alley along Parcel 2 — (City of Temecula Standard modified width to 20 feet) — to include installation of full alley improvements from the westerly property boundary to Mercedes Street, paving, concrete ribbon gutter, drainage facilities, utilities (including but not limited to water and sewer). 91 Undergrounding Wires. All existing and proposed electrical and telecommunication lines, except electrical lines rated 34KV or greater, shall be installed underground per Title 15, Chapter 15.04 of the Temecula Municipal Code and utility provider's standards. The developer is responsible for any associated costs, for making arrangements with each utility agency and for obtaining the necessary easements 92. Street Lights. The developer shall submit a completed SCE street Tight application, an approved SCE Streetlight Plan and pay the advanced energy fees. If not obtaining a building permit, this shall be done prior to installation of additional street lighting. All costs associated with the relocation of any existing street lights shall be paid by the developer. 93. Certifications. Certifications are required from the registered civil engineer -of -record certifying the building pad elevation(s) per the approved plans and from the soil's engineer -of -record certifying compaction of the building pad(s). Prior to Issuance of a Certificate of Occupancy 94. Completion of Improvements. The developer shall complete all work per the approved plans and Conditions of Approval to the satisfaction of the City Engineer. This includes all on site work (including water quality facilities), public improvements and the executed WQMP Operation and Maintenance agreement. 95. Utility Agency Clearances. The developer shall receive written clearance from applicable utility agencies (i.e., Rancho California and Eastern Municipal Water Districts, etc.) for the completion of their respective facilities and provide to Public Works. 96. Replacement of Damaged Improvements/Monuments. Any appurtenance damaged or broken during development shall be repaired or removed and replaced to the satisfaction of Public Works. Any survey monuments damaged or destroyed shall be reset per City Standards by a qualified professional pursuant to the California Business and Professional Code Section 8771. 97. Certifications. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by Public Works. BUILDING AND SAFETY DIVISION General Requirements 98. Final Building and Safety Conditions. Final Building and Safety conditions will be addressed when building construction plans are submitted to Building and Safety for review. These conditions will be based on occupancy, use, the California Building Code (CBC), and related codes which are enforced at the time of building plan submittal. 99. Compliance with Code. All design components shall comply with applicable provisions of the 2016 edition of the California Building, Plumbing and Mechanical Codes; 2016 California Electrical Code; California Administrative Code, 2016 California Energy Codes, 2016 California Green Building Standards, California Title 24 Disabled Access Regulations, and City of Temecula Municipal Code. 100. ADA Access. Applicant shall provide details of all applicable disabled access provisions and building setbacks on plans to include: a.. Disabled access from the public way to the main entrance of the building. b.. Van accessible parking located as close as possible to the main entry. c. Disabled access from parking to furthest point of improvement. d.. Disabled access from public right-of-way to all public areas on site, such as club house, trash enclose tot lots and picnic areas. 101. County of Riverside Mount Palomar Ordinance. Applicant shall submit, at time of plan review, a complete exterior site lighting plan showing compliance with County of Riverside Mount Palomar Ordinance Number 655 for the regulation of light pollution. All streetlights and other outdoor lighting shall be shown on electrical plans submitted to the Building and Safety Division. Any outside lighting shall be hooded and aimed not to shine directly upon adjoining property or public rights-of-way. All exterior LED light fixtures shall be 3,000 kelvin or below. 102. Street Addressing. Applicant must obtain street addressing for all proposed buildings by requesting street addressing and submitting a site plan for commercial or multi -family residential projects or a recorded final map for single-family residential projects. 103. Clearance from TVUSD. A receipt or clearance letter from the Temecula Valley Unified School District shall be submitted to the Building and Safety Department to ensure the payment or exemption from School Mitigation Fees. 104. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 105. Obtaining Separate Approvals and Permits. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. Solid covers are required over new and existing trash enclosures. 106. Demolition. Demolition permits require separate approvals and permits. 107. Sewer and Water Plan Approvals. On-site sewer and water plans will require separate approvals and permits. 108. Hours of Construction. Signage shall be prominently posted at the entrance to the project, indicating the hours of construction, as allowed by the City of Temecula Municipal Ordinance 9.20.060, for any site within one-quarter mile of an occupied residence. The permitted hours of construction are Monday through Saturday from 7:00 a.m. to 6:30 p.m. No work is permitted on Sundays and nationally recognized Government Holidays. 109. House Electrical Meter. Provide a house electrical meter to provide power for the operation of exterior lighting, irrigation pedestals and fire alarm systems for each building on the site. Developments with single user buildings shall clearly show on the plans how the operation of exterior lighting and fire alarm systems when a house meter is not specifically proposed. 110. Protection of drains and penetration. Protection of joints and penetrations in fire resistance -rated assemblies shall not be concealed from view until inspected for all designed fire protection. Required fire seals/fire barriers in fire assemblies at fire resistant penetrations shall be installed by individuals with classification or certification covering the installation of these systems. Provide certification for the installation of each area and certification of compliance for Building Official's approval. At Plan Review Submittal 111. Submitting Plans and Calculations. Applicant must submit to Building and Safety four (4) complete sets of plans and two (2) sets of supporting calculations for review and approval including: a. An electrical plan including load calculations and panel schedule, plumbing schematic, and mechanical plan applicable to scope of work. b. A Sound Transmission Control Study in accordance with the provisions of the Section 1207, of the 2016 edition of the California Building Code. c. A precise grading plan to verify accessibility for persons with disabilities. d. Truss calculations that have been stamped by the engineer of record of the building and the truss manufacturer engineer. Prior to Issuance of Grading Permit(s) 112. Onsite Water and Sewer Plans. Onsite water and sewer plans, submitted separately from the building plans, shall be submitted to Building and Safety for review and approval. 113. Demolition Permits. A demolition permit shall be obtained if there is an existing structure to be removed as part of the project. Prior to Issuance of Building Permit(s) 114. Plans Require Stamp of Registered Professional. Applicant shall provide appropriate stamp of a registered professional with original signature on the plans. Prior to Beginning of Construction 115. Pre -Construction Meeting. A pre -construction meeting is required with the building inspector prior to the start of the building construction. FIRE PREVENTION General Requirements 116. Fire Hydrants. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix C. Standard fire hydrants (6" x 4" x (2) 2 '/2" outlets) shall be located on fire access roads and adjacent public streets. For all Commercial projects hydrants shall be spaced at 350 feet apart. The required fire flow shall be available from any adjacent hydrant(s) in the system, public or private. This applies to both the Hotel and Parking Structure. The upgrade of existing fire hydrants may be required (CFC Appendix C and Temecula City Ordinance 15.16.020). 117. Fire Dept. Plan Review. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 118. Fire Flow. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial and residential buildings per CFC Appendix B. The developer shall provide for this project, a water system capable of delivering 4,000 GPM at 20 -PSI residual operating pressure for a 4 -hour duration for commercial projects. The fire flow as given above has taken into account all information as provided. This applies to all private and public fire hydrants. If public hydrants are being used to protect your property, they must meet the required fire flow set forth by the city of Temecula Municipal Code. (CFC Appendix B and Temecula City Ordinance 15.16.020). 119. Fire Requirement. The fire sprinkler riser room on the hotel will require direct exterior access on to Mercedes and will house the detector check valve assembly unit, the fire sprinkler riser(s) and fire alarm control panel. It will not share with any other equipment, including trash. The fire sprinkler riser room for the parking structure will face Third Street with direct exterior access and will house the detector check valve assembly unit, the fire sprinkler riser(s) and fire alarm control panel. It will not share with any other equipment, including trash. Prior to Issuance of Grading Permit(s) 120. Access Road Widths. Fire Department vehicle access roads shall have an unobstructed width of not less than 24 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches (CFC Chapter 5 and City Ordinance 15.16.020). 121. All Weather Access Roads. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be with a surface to provide all-weather driving capabilities. Access roads shall be 80,000 lbs. GVW with a minimum of AC thickness of .25 feet. In accordance with Section 3310.1, prior to building construction, all locations where structures are to be built shall have fire apparatus access roads. (CFC Chapter 5 and City Ordinance 15.16.020). Prior to Issuance of Building Permit(s) 122. Required Submittals (Fire Underground Water). The developer shall furnish three copies of the water system plans to the Fire Prevention Bureau for approval prior to installation for all private water systems pertaining to the fire service line. Plans shall be signed by a registered civil engineer, contain a Fire Prevention Bureau approval signature block, and conform to hydrant type, location, spacing and minimum fire flow standards. Hydraulic calculations will be required with the underground submittal to ensure fire flow requirements are being met for the public fire hydrants. The plans must be submitted and approved prior to building permit being issued. Any equipment being placed inside the fire sprinkler riser room needs to be indicated on this plan and coordinated with Rancho California Water District. The detector check valve assembly unit will be required to be placed inside the fire sprinkler riser room. Two sets of plans and permits will be required as the parking structure will have a permit for their underground and the hotel will have a permit for their underground. (CFC Chapter 33 and Chapter 5). 123. Required Submittals (Fire Sprinkler Systems). Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. These plans must be submitted prior to the issuance of building permit. This equipment will be placed in the fire sprinkler riser room that will house only fire suppression equipment. The fire sprinkler riser room will be located off of Mercedes Drive and the door will be accessible off of Mercedes Drive. A fire sprinkler riser room for the parking structure will be located off of Third Street. A permit will be required for the parking structure and a separate permit will be required for the hotel. 124. Required Submittals (Fire Alarm Systems). Fire alarm plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. The fire alarm system is required to have a dedicated circuit from the house panel. These plans must be submitted prior to the issuance of building permit. The fire alarm control panel will be located in the fire sprinkler riser room. A permit will be required for the parking structure and a separate permit will be required for the hotel. Prior to Issuance of Certificate of Occupancy 125. Hydrant Verification. Hydrant locations shall be identified by the installation of reflective markers (blue dots). This applies to both public and private hydrants. (City Ordinance 15.16.020). 126. Addressing. New buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Commercial buildings shall have a minimum of 12 -inch numbers with suite numbers being a minimum of six inches in size. All suites shall have a minimum of 6 -inch high letters and/or numbers on both the front and rear doors. (CFC Chapter 5 and City Ordinance 15.16.020). 127. Knox Box. A "Knox -Box" shall be provided. The Knox -Box shall be installed a minimum of six feet in height and be located to the right side of the fire riser sprinkler room. This will be located off of Mercedes Drive. (CFC Chapter 5). 128. Site Plan. Prior to final inspection of any building, the applicant shall prepare and submit to the Fire Department for approval, a site plan designating fire lanes with appropriate lane painting and/or signs (CFC Chapter 5) POLICE DEPARTMENT General Requirements 129. Landscape Height. The applicant shall ensure all landscaping surrounding all buildings are kept at a height of no more than three feet or below the ground floor window sills. Plants, hedges and shrubbery shall be defensible plants to deter would-be intruders from breaking into the buildings utilizing lower level windows. 130. Tree Pruning. The applicant shall ensure all trees surrounding all building rooftops be kept at a distance to deter roof accessibility by "would-be burglars." Since trees also act as a natural ladder, the branches must be pruned to have a six-foot clearance from the buildings. 131. Berm Height. Berms shall not exceed three feet in height. 132. Parking Lot Lighting. All parking lot lighting shall be energy saving and minimized after hours of darkness and in compliance with Title 24, Part 6, of the California Code of Regulations. 133. Exterior Door Lighting. All exterior doors shall have a vandal resistant light fixture installed above the door. The doors shall be illuminated with a minimum one -foot candle illumination at ground level, evenly dispersed. 134. Exterior Building Lighting. All lighting affixed to the exterior of buildings shall be wall mounted light fixtures to provide sufficient lighting during hours of darkness. 135. Outdoor Lighting During Non -Business Hours. The applicant shall comply with the Governor's order to address the power crisis. This order became effective March 18, 2001 calling for a substantial reduction from businesses to cut usage during non -business hours. The order, in part, states, "All California retail establishments, including, but not limited to, shopping centers, auto malls and dealerships, shall substantially reduce maximum outdoor lighting capability during non -business hours except as necessary for the health and safety of the public, employees or property." Failure to comply with this order following a warning by law enforcement officials shall be punishable as a misdemeanor with a fine not to exceed $1,000 in accordance with Title 24, Part 6, of the California Code of Regulations. 136. Commercial or Institutional Grade Hardware. All doors, windows, locking mechanisms, hinges, and other miscellaneous hardware shall be commercial or institution grade. 137. Questions Regarding Conditions. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 506-5132. 138. Graffiti Removal. Any graffiti painted or marked upon the buildings must be removed or painted over within 24 hours of being discovered. Report all such crimes to the Temecula Police 24-hour dispatch Center at (951) 696 -HELP. 139. Alarm System. Upon completion of construction, the buildings shall have a monitored alarm system installed and monitored 24 hours a day by a designated private alarm company to notify the Temecula Police Department of any intrusion. All multi -tenant offices/suites/businesses located within a specific building shall have their own alarm system. This condition is not applicable if the business is opened 24/7. 140. Rooftop Addressing. The construction plans shall indicate the application of painted rooftop addressing plotted on a nine -inch grid pattern with 45 -inch tall numerals spaced nine inches apart. The numerals shall be painted with a standard nine -inch paint roller using fluorescent yellow paint applied over a contrasting background. The address shall be oriented to the street and placed as closely as possible to the edge of the building closest to the street. 141. Roof Hatches. All roof hatches shall be painted "International Orange." 142. Disabled Parking. All disabled parking stalls on the premises shall be marked in accordance with Section 22511.8 of the California Vehicle Code. 143. Public Telephones. Any public telephones located on the exterior of the buildings shall be placed in a well -lit, highly visible area, and installed with a "call -out only" feature to deter loitering. This feature is not required for public telephones installed within the interior of the buildings. 144. Employee Training. Employee training regarding retail/credit card theft, citizens' arrest procedures, personal safety, business security, shoplifting or any other related crime prevention training procedures is also available through the Crime Prevention Unit. 145. Compliance with State Department of Alcoholic Beverage Control. Any business that serves or sells any type of alcoholic beverages will comply with all guidelines within the Business and Profession Codes and all other guidelines associated with the State Department of Alcoholic Beverage Control. 146. Employee Training. Employee training regarding retail/credit card theft, citizens' arrest procedures, personal safety, business security, shoplifting or any other related crime prevention training procedures is also available through the Crime Prevention Unit. 147. Knox Boxes. Knox boxes with Police access are required at each gate leading into the property. "Where access to or within a structure or an area is restricted because of secured opening or where immediate access is necessary for life-saving purposes, the Temecula Police Department is authorized to require a key box to be installed in an approved location. The key box shall be of an approved type and shall contain keys to gain necessary access. 148. Crime Prevention Through Environmental Design. Crime prevention through environmental design as developed by the National Crime Prevention Institute (NCPI) supports the concept that "the proper design and effective use of the built environment can lead to a reduction in the fear and incidence of crime and an improvement in the quality of life." The nine primary strategies that support this concept are included as conditions below: a. Provide clear border definition of controlled space. Examples of border definition may include fences, shrubbery or signs in exterior areas. Within a building, the arrangement of furniture and color definition can serve as a means of identifying controlled space. b. Provide clearly marked transitional zones. Persons need to be able to identify when they are moving from public to semi-public to private space. c. Gathering or congregating areas to be located or designated in locations where there is good surveillance and access control. d. Place safe activities in unsafe locations. Safe activities attract normal users to a location and subsequently render the location less attractive to abnormal users due to observation and possible intervention. e. Place unsafe activities in safe locations. Placing unsafe activities in areas of natural surveillance or controlled access will help overcome risk and make the users of the areas feel safer. f. Redesign the use of space to provide natural barriers. Separate activities that may conflict with each other (outdoor basketball court and children's play area, for example) by distance, natural terrain or other functions to avoid such conflict. g. Improve scheduling of space. The timing in the use of space can reduce the risk for normal users and cause abnormal users to be of greater risk of surveillance and intervention. h. Redesign space to increase the perception of natural surveillance. Abnormal users need to be award of the risk of detection and possible intervention. Windows and clear lines -of -sight serve to provide such a perception of surveillance. i. Overcome distance and isolation. This strategy may be accomplished through improved communications (portable two-way radios, for example) and design efficiencies, such as the location of restrooms in a public building. 149. Business Security Survey. Businesses desiring a business security survey of their location can contact the Crime Prevention and Plans Unit of the Temecula Police Department at (951) 695-2773. WARREN D. WILLIAMS General Manager -Chief Engineer City of Temecula Planning Department Post Office Box 9033 Temecula, CA 92589-9033 Attention: Eric Jones RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT March 1, 2016 Ladies and Gentlemen: Re: PA 16-0270 1995 MARKET STREET RIVERSIDE, CA 92501 951.955.1200 FAX 951.788.9965 www.rcflood.org 202968 The District does not normally recommend conditions for land divisions or other land use cases in incorporated cities. The District also does not plan check city land use cases, or provide State Division of Real Estate letters or other flood hazard reports for such cases. District comments/recommendations for such cases are normally limited to items of specific interest to the District including District Master Drainage Plan facilities, other regional flood control and drainage facilities which could be considered a logical component or extension of a master plan system, and District Area Drainage Plan fees (development mitigation fees). In addition, information of a general nature is provided. The District has not reviewed the proposed project in detail and the following comments do not in any way constitute or imply District approval or endorsement of the proposed project with respect to flood hazard, public health and safety or any other such issue: 1. This project would not be impacted by District Master Drainage Plan facilities nor are other facilities of regional interest proposed. 2. This project is located within the limits of the District's Murrieta Creek/Temecula Valley Area Drainage Plan for which drainage fees have been adopted; applicable fees should be paid by cashier's check or money order only to the Flood Control District or City prior to issuance of grading permits. Fees to be paid should be at the rate in effect at the time of issuance of the actual permit. GENERAL INFORMATION This project may require a National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. Clearance for grading, recordation or other final approval should not be given until the City has determined that the project has been granted a permit or is shown to be exempt. If this project invol yes a Federal Emergency Management Agency (FEMA) mapped floodplain, the City should require the applicant to provide all studies, calculations, plans and other information required to meet FEMA requirements, and should further require the applicant obtain a Conditional Letter of Map Revision (CLOMR) prior to grading, recordation or other final approval of the project, and a Letter of Map Revision (LOMR) prior to occupancy. If a natural watercourse or mapped floodplain is impacted by this project, the City should require the applicant to obtain a Section 1602 Agreement from the California Department of Fish and Wildlife and a Clean Water Act Section 404 Permit from the U.S. Army Corps of Engineers, or written correspondence from these agencies indicating the project is exempt from these requirements. A Clean Water Act Section 401 Water Quality Certification may be required from the local California Regional Water Quality Control Board prior to issuance of the Corps 404 permit. Very truly yours, I fi?QRY OLIVO Engineering Project Manager c: Riverside County Planning Department Attn: K~inti Lovelady SKM:blm ty 1 H 1A � ,,�° y{ County of Riverside DEPARTMENT OF ENVIRONMENTAL HEALTH hWaowfwgrirwilkimpasnow May 10, 2017 City of Temecula Planning Department Attn: Eric Jones 41000 Main Street Temecula, CA 92590 P.O. BOX 7909 • RIVERSIDE, CA 92513-7909 STEVE VAN STOCKUM, DIRECTOR SUBJECT: CITY OF TEMECULA — PA16-0270 — Boutique Hotel Development Plan APN: 922-043-002 PA16-1450 — Parcel Map to convert two existing parcels into one APN:922- 044-020 PA16-1451 — Parcel Map to merge eight parcels into one to allow the development of a hotel APN: 922-043-002 Dear Mr. Jones: The projects listed in the subject heading of this are projects that have been proposed for the development of a 5 story hotel generally located along the south side of 3rd street between Old Town Front Street and Mercedes Street in the city of Temecula. The Department of Environmental Health (DEH) offers the following comments: WATER AND WASTEWATER A general condition shall be placed on this project indicating that it will be serviced by Rancho California Water District (RCWD) for water and Eastern Municipal Water District (EMWD) for sanitary sewer service. As the sewer agency, EMWD shall have the responsibility of determining any grease interceptor or other requirements, including but not limited to sizing capacity and other structural specifications. Please note that it is the responsibility of the proposed facility to ensure that all requirements to receive potable water service and sanitary sewer service are met with the appropriate purveyors, as well as, all other applicable agencies. Office Locations • Blythe • Corona • Hemet • Indio • Murrieta • Palm Springs • Riverside Phone (888)722 4234 www.rivcoeh.org Papa 1. P( 16,r1)7r7 PA I6-1450 PA . Note: A General Condition shall be placed on this project indicating that any existing wells and/or existing onsite wastewater treatment systems (OWTS) shall be properly removed and/or destroyed under permit with the Department of Environmental Health (DEH). ENVIRONMENTAL CLEANUP PROGRAM (ECP) The Environmental Cleanup Program (ECP) has reviewed the environmental site assessment documents submitted for this project and has the following comments and conditions. The "Phase I Environmental Site Assessment, 41934 and 41956 Third Street, APN's 922-043- 002, 003, 004, 015, and 018" prepared by LGC Geo -Environmental, Inc., dated March 3, 2017, states that paint cans and a full unlabeled 50 -gallon drum were observed onsite. The 50 -gallon drum is located adjacent to the paint cans behind building 3. The paint and 50 -gallon drum are to be disposed of in accordance with applicable regulations. Soil sampling may be necessary if soil staining or contamination is discovered. The report also states that due to the age of the structures on site that an asbestos and lead survey be conducted prior to demolition. It was also noted that a well is located on the property in a small well house in the southern portion of the property. The well shall be destroyed according to all applicable regulations. A well destruction permit shall be obtained from our office prior to conducting work. The "Phase I Environmental Site Assessment, APNs 922-043-023, -024 And -025" prepared by GeoTek, Inc., dated September 9, 2014, states that "...soils near or in contact with the numerous railroad ties associated with the Site structures should be sampled and testing in the laboratory for elevated concentrations of creosote, dioxins, total petroleum hydrocarbons (TPH) and volatile organic compounds (VOC)". The ECP concurs with the recommendation of soil sampling and analysis of Site soils near or in contact with the railroad ties. Based on the results additional assessment may be required. Soil sampling and analysis shall be conducted and reported to the ECP for review and acceptance prior to issuance of a grading permit. HAZARDOUS MATERIALS MANAGEMENT BRANCH (HMMB) Prior to conducting a Building Final, the facility shall require a business emergency plan for the storage of any hazardous materials, greater than 55 gallons, 200 cubic feet or 500 pounds, or any acutely hazardous materials or extremely hazardous substances. If further review of the site indicates additional environmental health issues, HMMB reserves the right to regulate the business in accordance with applicable County Ordinances. Please contact HMMB at (951) 358- 5055 to obtain information regarding any additional requirements. DISTRICT ENVIRONMENTAL SERVICES — PUBLIC/SEMI-PUBLIC FOOD FACILITY AND POOL AND SPA Prior to issuance of a building permit, the applicant shall be required to contact DEH District Environmental Services to determine the appropriate food facility plan check and/or permitting requirements. For further information, please call (951) 461-0284. County of Riverside, Department of Environmental Health District Environmental Services - Murrieta Office 38740 Sky Canyon Drive, Suite "A" Murrieta CA 92563 Page 2 PAIG-695 Should you have any further questions or require further assistance, please contact me by email at kakim@curivcockm.org or by phone at (951) 955-8980. Sincerely, Kristine Kim, REHS Environmental Protection and Oversight Division Land Use and Water Resources Program SR35512 April 22, 2016 Hector Correa HLC Civil Engineering 39281 Via Cadiz Murrieta, CA 92563 EASTERN emwdMANICIPAL WATER DISTRICT Subject: SAN53 — Will Serve TPM 37081 and APNs: 922-043-002 thru 004, 922-043-015, 922- 043-018 & 922-043-023 thru 025, 922-044-017 & 922-044-020 — Boutique Hotel Development Plan Dear Mr. Correa Eastern Municipal Water District (EMWD) is willing to provide sewer service to the subject project. The provisions of service are contingent upon the developer completing the necessary arrangements in accordance with EMWD rules and regulations. EMWD expects the developer to provide proper notification when a water demand assessment is required pursuant to Senate Bill 221 and/or 610. EMWD expects the developer to coordinate with the approving agency for the proper notification. Further arrangements for the service from EMWD may also include plan check, facility construction, inspection, jurisdictional annexation, and payment of financial participation charges. The developer is advised to contact EMWD's New Business Development Department early in the entitlement process to determine the necessary arrangements for service, and to receive direction on the preparation of a facility Plan -of -Service, which is required prior to final engineering. EMWD's ability to serve is subject to limiting conditions, such as regulatory requirements, legal issues, or conditions beyond EMWD's control. Expiration - one year from date of issue Thank you for your cooperation in serving our mutual customers. If you have any questions, please call me at (951) 928-3777, extension 4309. Sincerely, Edmu d Chew Civil Engineering Associate New Business Department Eastern Municipal Water District EC:cms 2270 Trumble Road • P.O. Box 8300 • Perris, CA 92572-8300 T 951.928.3777 • F 951.928.6177 emwd.org Rancho Water Board of Directors Stephen J. Corona President Ben R. Drake Senior Vice President Lisa D. Herman John E. Hoagland Danny J. Martin William E. Plummer Bill J. Wilson Officers Jeffrey D. Armstrong General Manager Eva Plajzer, P.E. Assistant General Manager Engineering and Operations Richard R. Aragon, CPFO Director of FinancefTreasurer Jason A. Martin Director of Administration Andrew L. Webster, P.E. Chief Engineer Kelli E. Garcia District Secretary James B. Gilpin Best Best & Krieger LLP General Counsel April 25, 2017 Eric Jones City of Temecula Post Office Box 9033 Temecula, CA 92589-9033 SUBJECT: WATER AVAILABILITY 41934 3RD STREET; PARCEL NOS. 1, 2, AND 3, BLOCK NOS. 17 THROUGH 26; APNS 922-043-002, 922-043-003, 922-043-004, 922-043-015, 922-043-017, 922-043-018, 922-043-020, 922-043-022, 922-043-023, 922-043-024, AND 922-043-025; PA 16-0270 [CHRISTOPHER CAMPBELL] Dear Mr. Jones Please be advised that the above -referenced project/property is located within the service boundaries of Rancho California Water District (RCWD/District). The subject project/property fronts an existing 6 -inch diameter water pipeline (1305 Pressure Zone) within 3rd Street and an existing 24 -inch diameter water pipeline (1305 Pressure Zone) within Mercedes Street. Please refer to the enclosed exhibit map. Water service to the subject project/property exists under Account No. 3004796, Location No. 2003818. Additions or modifications to water/sewer service arrangements are subject to the Rules and Regulations (governing) Water System Facilities and Service, as well as the completion of financial arrangements between RCWD and the property owner. Water service to individual lots will require the extension of water facilities within dedicated public and/or private right-of-ways. Individual water meters will be required for each lot and/or project unit, including separate water services/meters for domestic service, fire service, and landscape irrigation service, as applicable. Beginning in 2018, newly constructed multi -unit residential structures are required to measure the quantity of water supplied to each individual residential dwelling unit. Where private on-site water facilities (for water service, fire service, irrigation, or other purpose) will cross or will be shared amongst multiple lots/project units (only by special variance of the Rules and Regulations), and/or where such `common' facilities will be owned and maintained by a Property Owners' Association, RCWD requires execution and recordation of a Reciprocal Easement and Maintenance Agreement or equivalent document of covenants, codes, and restrictions. Rancho California 45'ater Dig trim! Eric Jones/City of Temecula April 25, 2017 Page Two _ Water availability is contingent upon the property owner(s) signing an Agency Agreement that assigns water management rights, if any, to RCWD. In addition, water availability is subject to water supply shortage contingency measures in effect (pursuant to RCWD's Water Shortage Contingency Plan or other applicable ordinances and policy), and/or the adoption of a required Water Supply Assessment for the development, as determined by the Lead Agency. There is no recycled water currently available within the limits established by Resolution 2007- 10-5. Should recycled water become available in the future, the project/property may be required to retrofit its facilities to make use of this availability in accordance with Resolution 2007-10-5. Recycled water service, therefore, would be available upon construction of any required on-site and/or off-site recycled water facilities and the completion of financial arrangements between RCWD and the property owner. Requirements for the use of recycled water are available from RCWD. As soon as feasible, and prior to the preparation of California Environmental Quality Act (CEQA) documents, the project proponent should contact RCWD for a determination of existing water system capability, based upon project -specific demands and/or fire flow requirements, as well as a determination of proposed water facilities configuration. If new facilities are required for service, fire protection, or other purposes, the project proponent should contact RCWD for an assessment of project -specific fees and requirements Sewer service to the subject project/property, if available, would be provided by Eastern Municipal Water District. If no sewer service is currently available to the subject project/property, all proposed waste discharge systems must comply with the State Water Resources Control Board, health department, and/or other requirements as they relate to the protection of groundwater quality, pursuant to RCWD's Groundwater Protection Policy. If you should have any questions or need additional information, please contact an Engineering Services Representative at the District office at (951) 296-6900. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Erica Peter Engineering Technician Enclosure: Exhibit Map cc. Jeff Kirshberg, Water Resources Manager Gregory Gill, Associate Engineer Corry Smith, Engineering Services Supervisor Christopher Campbell, Walt Allen Architects 17\EP:hab0141F450\FEG Rancho California Water district 42135 Winchester Road • Post Office Bo.. 9017 • Tenacula. California 92589-9017 19511 296-6900 • FAX (951) 296-6860 • u wu rincho«aier coni RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A MINOR EXCEPTION APPLICATION TO ALLOW FOR AN INCREASE IN BUILDING HEIGHT FOR A PARKING GARAGE IN CONNECTION WITH THE TRUAX HOTEL PROJECT (APNS: 922-044-017, 922-044-020) (PA17-1020) 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. On February 22, 2016, Chris Campbell of Walter R. Allen Architect + Associates filed Planning Application No. PA16-0270, a Development Plan. On January 23, 2017, Gary Thornhill, on behalf of the Truax Group submitted Planning Application No. PA17-0109, a Specific Plan Amendment. On June 30, 2017, Ross Jackson on behalf of the Truax Group, submitted Planning Application PA17-1020, a Minor Exception. These applications (collectively "Project") were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. Collectively, the Project consists of a relocation of a portion of the existing Hotel Overlay contained within the Old Town Specific Plan to allow for the development of a full service hotel. The Project also includes a Minor Exception to allow for an increase in allowable building height for a parking structure that will be constructed across the street from the hotel. 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. D. Pursuant to the California Environmental Quality Act (CEQA) (Pub. Res. Code § 21000, et seq.) and the State CEQA Guidelines (14 Cal. Code Regs. § 14000, et seq.), the City is the lead agency for the Project. E. The Old Town Specific Plan was amended in 2010. An Environmental Impact Report was prepared and certified at a public hearing as part of the amendment process. F. A Subsequent Environmental Impact Report (SEIR), Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations were prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA"). Thereafter, City staff circulated a Notice of Completion indicating the public comment period and intent to adopt the SEIR as required by law. The public comment period commenced via the State Clearing House from May 2, 2017 through June 15, 2017. A Notice of Availability was also sent to adjacent property owners indicating a review period of May 2, 2017 through June 15, 2017. The Notice of Availability was also printed in the San Diego Union Tribune, a newspaper of general circulation within the City of Temecula. Copies of the documents have been available for public review and inspection at the offices of the Community Development Department, located at City Hall, 41000 Main Street, Temecula, California 92590; the Ronald H. Roberts Temecula Public Library located at 30600 Pauba Road; Temecula Grace Mellman Community Library located 41000 County Center Drive; and the City of Temecula website. G. On August 16, 2017, the Planning Commission considered the Final Subsequent Environmental Impact Report (SEIR) Planning Application Nos. PA17-0109, Specific Plan Amendment; PA17-1020, Minor Exception; and PA16-0270, Development Plan; at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support of or opposition to this matter. H. Following consideration of the entire record before it at the public hearing and due consideration of the Project the Planning Commission adopted Resolution No. 17-31, "A RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL CERTIFY THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT, ADOPT ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPT A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPT A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE TRUAX HOTEL PROJECT, CONSISTING OF APPROXIMATELY 2.46 ACRES GENERALLY LOCATED ON THE NORTH AND SOUTH SIDE OF 3RD STREET BETWEEN OLD TOWN FRONT STREET AND MERCEDES STREET (APNS: 922-043-002, 922-043-004, 922-043-018, 922-043-024, 922-043-003, 922-043-015, 922-043-023, 922-043-025, 922-044-017, AND 922-044-020.". I. At the conclusion of the Planning Commission hearing and after due consideration of the entire record before the Planning Commission hearing, and after due consideration of the testimony regarding the proposed Project, the Planning Commission adopted Resolution No. 17-34 , "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A MINOR EXCEPTION APPLICATION TO ALLOW FOR AN INCREASE IN BUILDING HEIGHT FOR A PARKING GARAGE IN CONNECTION WITH THE TRUAX HOTEL PROJECT. (APN: 922-044-017, 922-044-020)" J. On September 5, 2017 the City Council of the City of Temecula considered the Project and the Final SEIR, Mitigation Monitoring and Reporting Program, and 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 Project and the Final SEIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations prior to and at the public hearing. K. Following the public hearing, the Council adopted Resolution No. 17- "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT, ADOPTING FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE TRUAX HOTEL PROJECT, CONSISTING OF APPROXIMATELY 2.46 ACRES GENERALLY LOCATED ON THE NORTH AND SOUTH SIDE OF 3RD STREET BETWEEN OLD TOWN FRONT STREET AND MERCEDES STREET (APNS: 922-043-002, 922-043-004, 922-043-018, 922-043-024, 922-043-003, 922-043-015, 922-043-023, 922-043-025, 922-044-017, AND 922-044-020)." Resolution No. 17- and the findings therein are hereby incorporated by this reference as set forth in full. L. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Legislative Findings. The City Council in approving the Minor Exception, pursuant to Temecula Municipal Code Section, 17.03.060, hereby finds, determines and declares that: A. That there are practical difficulties or unnecessary hardships created by strict application of the code due to the physical characteristics of the property; The property increases in slope between Old Town Front Street and Mercedes Street. This slope makes it difficult to design a parking garage with the appropriate maneuverability for vehicles. The additional 15% of building height permitted by the Minor Exception will allow enough extra space to ensure all design requirements are met in an aesthetically compatible manner. B. The minor exception does not grant special privileges which are not otherwise available to surrounding properties and will not be detrimental to the public welfare or to the property of other persons located in the vicinity; The Minor Exception does not grant special privileges which are not otherwise available to surrounding properties. The Minor Exception is not anticipated to be detrimental to the Public welfare or to the property of other persons located in the vicinity. This is because the Minor Exception will simply allow for an increase in height of 7'-5"for architectural elements of the parking structure. Lowering the structure to the height required by the Specific Plan will create elevations that are aesthetically substandard. C. The Minor Exception places suitable conditions on the property to protect surrounding properties and does not permit uses which are not otherwise allowed in the zone. The Minor Exception is part of a series of applications designed to allow for the construction of a full-service hotel and corresponding parking garage. A SEIR has also been prepared for the project. The conditions of approval and Mitigation Monitoring and Reporting Program will provide suitable conditions and mitigation for the project that will protect surrounding properties. Section 3. Conditions of Approval. The City Council of the City of Temecula approves Planning Application No. PA17-1020, a Minor Exception to allow for an increase in building height for the parking garage, subject to the Conditions of Approval set forth in Exhibit A, attached hereto, and incorporated herein by this reference. Section 4. Certification. The City Clerk shall certify to the adoption of this Resolution and it shall become effective upon its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 5th day of September, 2017. Maryann Edwards, 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. 17- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 5th day of September, 2017, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA17-1020 Project Description: Truax Hotel Parking Structure Minor Exception: A Minor Exception to allow for a height increase for the Truax Hotel parking garage Assessor's Parcel No.: 922-044-017 MSHCP Category: Commercial DIF Category: Service Commercial for Hotel and Restaurant / Retail Commercial for Retail TUMF Category: Service Commercial for Hotel and Restaurant / Retail Commercial for Retail Quimby Category: Non -Residential Project New Street In -lieu of Fee: Not Located within the Uptown Specific Plan Approval Date: September 5, 2017 Expiration Date: September 5, 2020 PLANNING DIVISION Within 48 Hours of the Approval 1. Filing Notice of Determination. The applicant/developer shall deliver to the Planning Division a cashier's check or money order made payable to the County Clerk in the amount of Three Thousand One Hundred and Twenty-eight Dollars and Zero Cents ($3,128.00) which includes the Three Thousand and Seventy-eight Dollars and Zero Cents ($3,078.00) fee, required by Fish and Wildlife Code Section 711.4(d)(3) plus the Fifty Dollars ($50.00) County administrative fee, to enable the City to file the Notice of Determination for the Environmental Impact Report required under Public Resources Code Section 21152 and California Code of Regulations Section 15904. If within said 48-hour period the applicant/developer has not delivered to the Planning Division the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Wildlife Code Section 711.4(c)). General Requirements 2. Indemnification of the City. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City and its attorneys from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. 3. Expiration. This approval shall be used within three years of the approval date; otherwise, it shall become null and void. Use means the beginning of substantial construction contemplated by this approval within the three-year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval, or use of a property in conformance with a Conditional Use Permit. 4. Time Extension. The Director of Community Development may, upon an application being filed prior to expiration, and for good cause, grant up to five extensions of time, one year at a time. 5. Consistency with Specific Plans. This project and all subsequent projects within this site shall be consistent with Specific Plan No. 5 (Old Town). 6. Compliance with EIR. The project and all subsequent projects within this site shall comply with all mitigation measures identified within EIR No. 2017011029. 7 Conformance with Approved Plans. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Division. 8. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PC RESOLUTION NO. 17-31 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFY THE FINAL SUBSEQUENT 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 FOR THE TRUAX HOTEL PROJECT, CONSISTING OF APPROXIMATELY 2.46 ACRES GENERALLY LOCATED ON THE NORTH AND SOUTH SIDE OF 3RD STREET BETWEEN OLD TOWN FRONT STREET AND MERCEDES STREET (APN 922-043-002, 922-043-004, 922-043-018, 922-043-024, 922-043-003, 922043-015, 922-043-023, 922-043-025, 922-044-017, AND 922-044-020) Section 1. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On February 22, 2016, Chris Campbell of Walter R. Allen Architect + Associates filed Planning Application No. PA16-0270, a Development Plan. On January 23, 2017, Gary Thornhill, on behalf of the Truax Group submitted Planning Application No. PA17-0109, for a Specific Plan Amendment. On June 30, 2017, Ross Jackson on behalf of the Truax Group, submitted Planning Application PA17-1020, a Minor Exception. These applications (collectively "Project") were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. Collectively, the Project consists of a relocation of a portion of the existing Hotel Overlay contained within the Old Town Specific Plan to allow for the development of a full service hotel. The Project also includes a Minor Exception to increase the allowable building height for a parking garage that will be constructed across the street from the hotel. C. Pursuant to the California Environmental Quality Act (CEQA) (Pub. Res. Code § 21000, et seq.) and the State CEQA Guidelines (14 Cal. Code Regs. § 14000, et seq.), the City is the lead agency for the Project. D. The Project was processed, including but not limited to all public notices, in the time and manner prescribed by State and local law, including CEQA. E. On February 8, 1994, the City Council adopted the Old Town Specific Plan (OTSP). In 2010, pursuant to CEQA and the CEQA Guidelines, the City Council amended the OTSP to adopt a form -based code that established development regulations and standards in the Old Town area. On May 25, 2010, the City Council certified the Program Environmental Impact Report for the OTSP (SCH #2009071049). F. CEQA encourages "tiering" EIRs for a sequence of actions so that later EIRs build on information in previous EIRs (Public Resources Code sections 21068.5 and 21093; CEQA Guidelines section 15152(d)). The Project is located within the OTSP area and, therefore, tiers off of the Program EIR for the OTSP. G. Pursuant to CEQA, City staff determined that the Project could have a significant effect on the environment and therefore a Subsequent Environmental Impact Report (SEIR) should be prepared for the Project. H. On January 12, 2017, the City published and distributed a Notice of Preparation (NOP) to all agencies and persons that might be affected by the Project. The NOP was also distributed through the State Office of Planning and Research, State Clearinghouse (SCH # 2017011029). The NOP was circulated from January 17, 2017 through February 15, 2017 to receive comments and input from interested public agencies and private parties on issue to be addressed in the SEIR. On January 23, 2017, a scoping session was held, at which time City staff and interested persons had an opportunity to determine the extent of issues to be addressed in the SEIR for the Project. J. Thereafter, the City contracted for the independent preparation of a SEIR for the Project, including all necessary technical studies and reports in support of the Draft SEIR. In accordance with CEQA and the CEQA Guidelines, the City analyzed the Project's potential impacts on the environment, potential mitigation, and potential alternatives to the Project. K. Thereafter, City staff filed a Notice of Completion with the State Clearinghouse, and circulated a Notice of Availability with the Draft SEIR and Appendices to the public and other interested parties, for a 45 -day comment period between May 2, 2017 through June 15, 2017. A Notice of Availability was also sent to adjacent property owners indicating a review period of May 2, 2017 through June 15, 2017. The City published a Notice of Availability for the Draft SEIR in the San Diego Union tribune, a newspaper of general circulation within the City. Copies of the documents have been available for public review and inspection at the offices of the Department of Community Development, located at City Hall, 41000 Main Street, Temecula, California 92590; the Ronald H. Roberts Temecula Public Library located at 30600 Pauba Road; Temecula Grace Mellman Community Library located 41000 County Center Drive; Chamber of Commerce located at 26790 Ynez Court, Ste. A, and the City of Temecula website. L. During the comment period, the City received eight (8) written comments on the Draft SEIR from various agencies, individuals, and organization. In compliance with CEQA Guidelines Section 15088, the City prepared written responses to all comments. None of the comments presented any new significant environmental impacts or otherwise constituted significant new information requiring recirculation of the Draft SEIR pursuant to CEQA Guidelines Section 15088.5. M. The "Final SEIR" consists of the Draft SEIR and all of its appendices, the comments and responses to comments on the Draft SEIR, an Errata to the SEIR, and the Mitigation Monitoring and Reporting Program. The Final SEIR was made available to the public and to all commenting agencies on August 2, 2017, which is at least 10 days prior to certification of the Final SEIR, in compliance with Public Resources Code Section 21092.5(a). N. On August 16, 2017, the Planning Commission, held a duly noticed public hearing to consider the Final SEIR and the Project, at which time the Planning Commission heard and considered information presented by City staff on the Project and its environmental review. In addition, interested persons had an opportunity to and did testify regarding this matter. O. The Planning Commission has reviewed and considered the entire record, including the Final SEIR, evidence presented at the hearing, staff reports, technical studies, appendices, plans, and other materials: P. CEQA Guidelines Section 15091 requires that the City, before approving the Project, make one or more of the following written finding(s) for each significant effect identified in the Final SEIR 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 SEIR; 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 SEIR. Q. These required written findings are set forth in Exhibit A, attached hereto and incorporated herein by reference as if set forth in full. 1. Environmental impacts identified in the Final SEIR as no impact or less than significant and do not require mitigation are described in Sections IV and V, respectively, of Exhibit A. 2. Environmental impacts, or certain aspects of impacts, identified in the Final SEIR as potentially significant, but that can be reduced to less than significant levels with mitigation, are described in Exhibit A, Section VI. 3. Environmental impacts identified in the Final SEIR as significant and unavoidable despite the imposition of all feasible mitigation measures are described in Exhibit A, Section VII. 4. Alternatives to the Project that might eliminate or reduce significant environmental impacts are described in Section VIII of Exhibit A. R. Public Resources Code Section 21081.6 requires the City to prepare and adopt a mitigation monitoring and reporting program for any project for which mitigation measures have been imposed to assure compliance with the adopted mitigation measures. The Mitigation Monitoring and Reporting Program is attached hereto as Exhibit B, and is incorporated herein by reference. S. CEQA Guidelines Section 15093 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. The Statement of Overriding Considerations is attached hereto as Exhibit C, and is incorporated herein by reference. Section 2. After due consideration of the SEIR and the Project and in its independent judgment, the Planning Commission hereby finds and resolves that: A. All of the above recitals are true and correct, and are hereby incorporated into this section as though set forth in full. B. Agencies and interested members of the public have been afforded ample notice and opportunity to comment on the Final SEIR and on the Project. The Project has been environmentally reviewed pursuant to the provisions of CEQA and the State CEQA Guidelines. C. The Planning Commission has independently considered the administrative record before it, which is hereby incorporated by reference and which includes the Final SEIR, the written and oral comments on the Draft SEIR and Final SEIR, responses to comments incorporated into the Final SEIR, staff reports and presentations, and all oral and written testimony. D. The Final SEIR fully analyzes and discloses the potential impacts of the Project, and that those impacts have been mitigated or avoided to the extent feasible for the reasons set forth in the Findings attached herein as Exhibit A, with the exception of those impacts found to be significant and unmitigable as discussed therein. E. The Final SEIR reflects the independent judgment of the Planning Commission. The Planning Commission further finds that the additional information provided in the staff reports, in comments on the Draft SEIR, the responses to comments on the Draft SEIR, and the evidence presented in written and oral testimony does not constitute new information requiring recirculation of the SEIR under CEQA. None of the information presented has deprived the public of a meaningful opportunity to comment upon a substantial environmental impact of the Project or a feasible mitigation measure or alternative that the City has declined to implement. F. The Planning Commission, in the exercise of its independent judgment, hereby recommends that the City Council certify the Final SEIR for the Project, make appropriate environmental findings, adopt a Statement of Overriding Considerations, and adopt a Mitigation Monitoring and Reporting Program for the Project. The Planning Commission further recommends that the mitigation measures set forth therein be made applicable to the Project. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 1611h day of August, 2017. ATTEST: Luke Watson Secretary [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA )ss John Telesio, Chairperson I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 17-31 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 1611' day of August, 2017, by the following vote: AYES: 5 PLANNING COMMISSIONERS: NOES: 0 PLANNING COMMISSIONERS: ABSENT: 0 PLANNING COMMISSIONERS: ABSTAIN: 0 PLANNING COMMISSIONERS: Guerriero, Telesio, Turley-Trejo, Watts, Youmans None None None Luke Watson Secretary EXHIBIT A 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. ("Guidelines") provide that no public agency shall approve or carry out a Project for which an Environmental Impact Report ("EIR") 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: 1. Changes or alterations have been required in, or incorporated into, the Project, which avoid or substantially lessen the significant environmental effects identified in the EIR. 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. Specific economic, social, or other considerations make infeasible the mitigation measures or Project alternatives identified in the EIR. Pursuant to the requirements of CEQA, the City Council of the City of Temecula ("Temecula" or "City") hereby makes the following environmental findings in connection with the proposed Truax Hotel Project (the "Project"). These findings are based upon written and oral evidence included in the record of these proceedings, comments on the Draft Subsequent EIR (SEIR) and the written responses thereto, the Final SEIR, and reports presented to the Planning Commission and the City Council by City staff and the City's environmental consultants. 11. Project Objectives. As set forth in the SEIR, the objectives of this Project (the "Project Objectives") are as follows: A. Provide an upscale lodging facility that will service both residents and tourists visiting Old Town Temecula; B. Provide additional conference room facilities within Old Town Temecula; and C. Create an aesthetically compatible development and minimize impacts to neighboring properties by designing with high quality architecture and signage. A-1 III. Background. In 2010, the City of Temecula certified the Old Town Specific Plan (OTSP) Program EIR ("Program EIR") which evaluated an amendment of the original OTSP. The purpose of the Amendment was to enhance design guidelines and encourage residential development within the Old Town area. The 2010 document served as a Program EIR for the OTSP that established development parameters, provided land use areas, but did not propose or evaluate any specific project development, since the exact development proposals for future projects, such as the proposed Project, were not yet known at the time. The Project proposes to develop a six -story boutique hotel, including 151 guest rooms and a basement, and a six -story, 219 -stall parking garage in Old Town Temecula, on the 1.8 -acre Project site. The proposed Project site is located within the Old Town Specific Plan (OTSP) area and is located in the Downtown Core District (DTC) along Third Street between Mercedes Street and Old Town Front Street. A Development Plan Review would be required for development of the Project. The proposed Project would require approval of a Specific Plan Amendment (SPA) to the OTSP in order to relocate a portion of the Hotel Overlay (HO) that is currently sited approximately 200 feet southeast of the Project location. The SPA would relocate approximately 61,569 SF of the DTC zoning district at the intersection at First Street and Front Street. The SPA would then shift 61,569 SF of that zone to the proposed hotel site and rezone the area as DTC/HO zoning district. In addition, the proposed Project would require the approval of a Tentative Parcel Map in order to: (1) merge the two existing parcels into one parcel on the north side of Third Street for development of the parking structure and (2) merge the eight existing parcels into one parcel on the south side of Third Street to allow development of the hotel. Effects Determined to Be Less than Significant/No Impact in the Initial Study for the Program EIR and in the SEIR. The City of Temecula issued a Notice of Preparation ("NOP") and in the course of the environmental review, the Project was found to have no impact in certain impact categories because a Project of this type and scope or in this location would not create such impacts or because of the absence of Project characteristics producing effects of this type. The impact areas discussed below were found to be less than significant or have no environmental impact in the Initial Study for the OTSP Amendment, and therefore were not evaluated in the 2010 OTSP Program EIR or the Draft SEIR for the Project. These impact areas include Agriculture and Forestry Resources, Biological Resources, Mineral Resources, Population and Housing, Public Services and Recreation. A summary of the impact discussions from the resource areas below can be found in Chapter 3.0 of the Draft SEIR. A-2 IV. Effects Determined to Be Less than Significant/No Impact in the Initial Study for the Program EIR and in the SEIR. A. AGRICULTURE AND FORESTRY RESOURCES 1. The Project would not convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance to non-agricultural use. The Project Site does not contain any Forest Land, Prime Farmland, Unique Farmland, or Farmland of Statewide Importance. 2. The Project would not conflict with existing zoning for agricultural use or a Williamson Act contract. The Project Site does not contain any land subject to a Williamson Act contract. 3. The Project would not conflict with existing zoning for, or cause rezoning of, forest land, timberland, or timberland zoned Timberland Production. The Project Site does not contain any type of land zoned for forest land or timberland. 4. The Project would not result in the loss of forest land or conversion of forest land to non -forest use. The Project site does not contain any type of forest land. 5. The Project would not involve any changes in the existing environment which, due to their location or nature, could result in conversion of Farmland to non-agricultural use or conversion of forest land to non -forest use. 6. The Project would not result in cumulative impacts related to agriculture or forestry resources. B. BIOLOGICAL RESOURCES 1. The Project would not have a substantial adverse effect on any candidate, sensitive, or special status species, riparian habitat, sensitive natural communities, or federally protected wetlands. The Project site is located in a developed, urban area and would not impact these biological resources. 2. The Project would not have interfere substantially with the movement of any native resident, migratory fish or wildlife species, wildlife corridors, or impede the use of native wildlife nursery sites. The Project site is located in a developed, urban area and would not impact these biological resources. 3. The Project would not conflict with any local policies or ordinances protection biological resources, such as the City's Heritage Tree Ordinance. A-3 4. The Project would not conflict with the provisions of an adopted Habitat Conservation Plan or Natural Community Conservation Plan, such as the Riverside County Multiple Species Habitat Conservation Plan. C. MINERAL RESOURCES 1. The Project would not result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state or a locally -important mineral resource recovery site. The area is not considered to contain mineral resources of significant economic value and the Project would not result in cumulative impacts related to mineral resources. D. POPULATION AND HOUSING 1. The Project would not induce substantial population growth in the area, either directly or indirectly. 2. The Project would not displace substantial numbers of existing housing or people, necessitating the construction of replacement housing elsewhere. The Project would be developed on non- operational commercial uses and vacant land. E. PUBLIC SERVICES 1. The Project would not result in impacts associated with the need for additional public services from fire protection, police protection, schools, parks and other public facilities. Development of the OTSP area was anticipated in the Final EIR that was prepared for the City General Plan. Therefore, the need for public services was previously analyzed and determined, and no additional facilities would be required as a result of the Project. F. RECREATION 1. The Project does not include or require construction of parks or recreational facilities and would not increase the use of existing parks or recreational facilities such that substantial physical deterioration of the facility would occur. V. Effects Determined to be Less Than Significant Without Mitigation in the SEIR. The SEIR found that the proposed Project will have a less than significant impact without the imposition of mitigation on a number of environmental topic areas listed below. A less than significant environmental impact determination was made for each of A-4 the following topic areas listed below, based on the more expansive discussions contained in the Final SEIR. A. AESTHETICS 1. The Project would not have a substantial adverse effect on a scenic vista, scenic resources, or a State Scenic Highway. The proposed six -story hotel and parking garage could potentially obstruct views of the foothills and ridgelines east of the Project, but the Project site has not been identified as a designated viewshed, nor is it located in the sightline of a nearby viewshed. Furthermore, the Project site is not visible from any State Scenic Highways, and no State Scenic Highways are visible from the Project site. 2. The Project would not substantially degrade the exiting visual character or quality of the site and its surroundings. The hotel development would be consistent with the Old Town Specific Plan design guidelines, architectural character, and surrounding land uses. The Project would likely enhance the visual character of the area because of the high-quality architecture with visually appealing elements, such as improved landscaping and new buildings. 3. The Project, in conjunction with other cumulative projects, would not result in a cumulatively considerable contribution to aesthetic impacts. Cumulative impacts would be less than significant. B. AIR QUALITY 1. The Project would not conflict with or obstruct implementation of an applicable air quality plan. The employment growth associated with the proposed hotel would be within the anticipated growth accounted for in the Southern California Association of Government (SCAG) growth assumptions for the City, and therefore the Project would be consistent with the regional Air Quality Management Plan. 2. The Project would not create objectionable odors affecting a substantial number of people. As a hotel development, it does not include any uses identified by the South Coast Air Quality Management District (SCAQMD) as being associated with odors and any potential sources of odors during construction would be temporary and intermittent in nature. C. GEOLOGY AND SOILS 1. The Project would not expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving rupture of a known earthquake fault. The Project area is located outside of any Alquist-Priolo Fault Rupture Zone. A-5 2. The Project would not expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving seismic -related ground failure, including landslides and liquefaction. The Project site is located on a relatively level area that has a low likelihood of being susceptible to landslides or liquefaction. 3. The Project would not have soils incapable of inadequately supporting the use of septic tanks or alternative wastewater systems. The Project development would deliver wastewater to the wastewater treatment plant in Temecula and would not have use for any septic tanks or alternative wastewater systems. 4. The Project, in combination with existing, approved, proposed, and reasonably foreseeable development in Temecula and nearby areas of Riverside County, would not contribute to cumulative geologic and soils impacts. D. HAZARDS AND HAZARDOUS MATERIALS 1. The Project would not create significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials. Construction and operation of the Project would comply with all required applicable regulations, such as the Hazardous Materials and Waste Management Plan of Riverside County, related to hazardous material handling, storage and removal. 2. The Project would not emit hazardous emissions or handle hazardous materials within one-quarter mile of an existing school. There are no schools located within a quarter mile of the proposed Project site. The closest school to the site is the Vail Elementary School located approximately 0.75 miles to the northeast. 3. The Project would not be located on a site which is included on a list of hazardous materials sites and would not create a significant hazard to the public or the environment. 4. The Project would not result in a safety hazard for people residing or working within an airport land use plan, two miles of a public airport, or the vicinity of a private airstrip. 5. The Project would not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. Construction of the Project would comply with all emergency vehicle access requirements. Operation of the Project would not impede emergency access routes or result in permanent road closures. A-6 6. The Project would not expose people or structures to a significant risk of loss, injury or death involving wildland fires. The Project is located in an urbanized section of Temecula and would be required to adhere to all fire suppression requirements and fire safety measures in accordance with the most recent Uniform Fire Code. 7 The Project would result in less than significant cumulative impacts related to hazards and hazardous materials. E. HYDROLOGY AND WATER QUALITY 1. The Project would not substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level. The Rancho California Water District (RCWD) would have sufficient water supplies to accommodate the proposed Project as projected in its 2030 water demand forecast. The Project site is currently developed and largely covered in impermeable surfaces. After completion of construction, the Project site would continue to be largely covered by impermeable surfaces and thus would have no substantive change to the amount of groundwater recharge that occurs at the site. 2. The Project would not substantially alter the drainage pattern of the site such that it would result in substantial erosion or siltation on or off the site. Construction of the Project would be required to comply with the National Pollutant Discharge Elimination System (NPDES) Construction General Permit and to develop a Stormwater Pollution Prevention Plan (SWPPP), which would protect against substantial erosion or siltation on and off the Project site. The impermeable surfaces could result in changes in flows and drainages, but runoff from the Project site would be treated by implementation of Best Management Practices (BMPs), such as the proposed biotreatment facilities. 3. The Project would not place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map, nor structures which would impede or redirect any flood flows. The Project area and structural development is not within the 100 -year flood zone of Murrieta Creek. 4. The Project would not expose people or structures to a significant risk of loss, injury or death involving flooding as a result of the failure of a levee or dam. The Project site is located in the dam inundation areas for Lake Skinner, Vail Lake, and Diamond Valley Lake. However, compliance with applicable plans and programs, A-7 such as the City's Dam Inundation Evacuation Plan, would reduce risks associated with flooding and dam failure to less than significant. 5. The Project would not expose people to a significant risk of loss, injury or death involving inundation by a seiche or tsunami because the Project area is not located immediately near a coast or large body of water. The Project area is located over 20 miles from the Pacific Ocean, which is a large enough distance to avoid tsunami impacts and has no body of water in close proximity to the Project site. The site is relatively level and would not be subject to mudflow. 6. The Project's incremental contribution to hydrology and water quality impacts would not be cumulatively considerable. F. LAND USE AND PLANNING 1. The Project development would not physically divide an established community. There are residential apartments located approximately 70 feet southwest of the Project boundary, but the development of the Project would not divide this existing community. There are no other residential communities in the immediate vicinity of the Project site. 2. The Project would not conflict with any applicable land use plan, policy, or regulation or adopted for the purpose of avoiding or mitigating an environmental effect. The Project would be consistent with all applicable policies from the SCAG 2016-2040 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) and the City's OTSP. 3. The Project would not conflict with any applicable habitat conservation plan or natural community conservation plan. The proposed Project is located within the Western Riverside County Multiple Species Natural Community Conservation Plan (WRC MSHCP); however, the Project site is located in a developed, urban area, and is not located within a criteria area identified by the WRC MSHCP. A Habitat Evaluation and Acquisition Negotiation Strategy or Joint Powers Review is not required for the Project. 4. The Project would have a less than cumulatively considerable impact on land use and planning. G. NOISE 1. The Project would not result in exposure of people within an airport land use plan, two miles of a public airport, or the vicinity of a private airstrip to excessive noise levels. There are no airports or A-8 airstrips located within two miles of the Project area. The closest airport to the plan area is the Billy Joe Airport located approximately five miles east. H. TRANSPORTATION AND CIRCULATION 1. The Project would not conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways. The Project would not conflict with the City of Temecula policies, including, but not limited to travel demand measures, or other standards established by the CMP for designated roads or highways for the Existing (2016) Plus Project and Opening Year (2018) Plus Project study scenarios. 2. The Project would not result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks. The Project area is not within the French Valley Airport or Billy Joe Airport influence areas. 3. The Project would not substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment) or result in inadequate emergency vehicle access. The final grading, landscaping, and street improvement plans will demonstrate that design standards related to traffic and emergency access are met. 4. The Project would not conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities. None of the Project's public right of way improvements would impede existing bicycle facilities (i.e., the Class III facility on Old Town Front Street) or transit facilities. I. UTITILIES AND SERVICE SYSTEMS 1. The Project would not exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board. 2. The Project would not require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects. 3. The Project would have sufficient water supplies available to serve the Project from existing entitlements and resources, and does not need new expanded entitlements. A-9 4. The Project would not result in a determination by the wastewater treatment provider that it has inadequate capacity to serve the Project's projected demand in addition to the provider's existing commitments. The Temecula Valley Regional Water Reclamation Facility would have sufficient capacity to process the additional average wastewater flow that would be generated by the Project. 5. The Project would be served by a landfill with sufficient permitted capacity to accommodate the Project's solid waste disposal needs and would comply with federal, state, and local statutes and regulations related to solid waste. The existing capacity of the El Sobrante Sanitary Landfill would be sufficient to accommodate solid waste generation by the Project during construction and at full build -out. 6. The Project would result in less than significant cumulative impacts related to utilities and service systems. VI. Potentially Significant Environmental Impacts Determined to be Mitigated to a Less Than Significant Level. The SEIR identified the potential for the Project to cause significant environmental impacts in the areas of Aesthetics, Air Quality, Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Hydrology and Water Quality, Noise, and Transportation and Circulation. Measures have been identified that would mitigate all of the impacts in this section to a less than significant level. The City Council finds that mitigation measures identified in the Final SEIR would reduce the Project's impacts to a less than significant level, with the exception of the unmitigable impacts discussed in Section VII. The City Council adopts all of the feasible mitigation measures for the Project described in the Final SEIR as conditions of approval of the Project and incorporates those into the Project, as discussed more fully in the Mitigation Monitoring and Reporting Program. A. AESTHETICS 1. Light and Glare Impact AES -4: The Project would create a new source of light and glare throughout the Project area. a. Findings Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects related to light and glare. Specifically, the following measure has been included to ensure that the Project's potential light and glare impacts remain less than significant. A-10 Mitigation Measure MM -AES -1: The Project applicant would be required to implement the lighting reduction mitigation proposed in the OTSP Program EIR. The following light and glare standards shall be applied to the proposed Project: • The applicant shall ensure that all lighting fixtures shall contain "sharp cut-off" fixtures, and shall be fitted with flat glass lenses and internal and external shielding. • The applicant shall ensure that all fixtures shall be parallel with the finished grade of the Project site; no fixtures shall be tilted above a 90 -degree angle. • The applicant shall ensure that site lighting systems shall be grouped into control zones to allow for open, 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. • The applicant shall submit a lighting plan and photometric plan to be reviewed by the City of Temecula. The lighting plan shall include design features (such as those mentioned above) to minimize impacts of light and glare on the surrounding area. • The City shall complete a post -installation inspection to ensure that the site is not excessively illuminated (such that lighting is not creating excessive glare, unreasonably competing for the public's attention or creating any roadway safety hazard) and that lighting sources are properly shielded. • In order to mitigate potential impacts to the Mount Palomar Observatory, all lighting plans shall be reviewed by the City to assure utilization of low pressure sodium vapor lamps; step-down lighting techniques; shielding to prevent upward and outward illumination; and compliance with the County Ordinance No. 655. • The proposed Project shall prohibit 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. b. Facts in Support of Findings Currently, the Project Site includes onsite sources of light or glare from existing commercial buildings and street lights. However, these existing buildings would be demolished as part of the proposed Project and on-site existing light sources would be removed. During construction of the Project, there is the possibility of limited, temporary nighttime construction lighting for security. Once operational, the Project's hotel and parking garage uses would introduce new sources of light and glare from lighting for the buildings and streets, as well as from cars traveling through the Project site. The proposed Project is located approximately 20 miles from the Palomar Observatory, which is in Zone B (45 -mile Radius Lighting Impact Zone) according to the Palomar Observatory Light Pollution Ordinance (Riverside County's Light Pollution Ordinance No. 655). The Project would be required to comply with Ordinance No. 655, which lessens "sky glow" from nighttime light sources by requiring a variety of measures. These measures, which are included as part of Mitigation Measure MM -AES -1, include the preparation of an outdoor lighting plan and photometric plan to reduce the effects of light pollution from nighttime light sources. Mitigation Measure MM -AES -1 imposes lighting design and placement requirements that would further reduce "sky glow" and the spilling of light from on-site light sources. With the imposition of MM -AES -1, impacts of the proposed Project related to light and glare would be less than significant. B. AIR QUALITY 1. Construction — Violate an Air Quality Standard Impact AIR -4: The Project's construction emissions could exceed SCAQMD's regional significance thresholds for NOX, and therefore could would violate an air quality standard or contribute substantially to an existing or projected air quality violation. a. Finding Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects related to violation of air quality standard. Specifically, the following measure has been included to ensure that the Project's potential air quality impacts remain less than significant. Mitigation Measure MM -AIR -1: All off-road construction equipment with a horsepower (HP) greater than 50 shall be required to have USEPA certified Tier 4 interim engines or engines that are certified to meet or exceed the emission ratings for USEPA Tier 4 engines. A copy of each unit's certified tier specification or model year specification shall be available upon request at the time of mobilization of each applicable unit of equipment. b. Facts in Support of Findings A-12 Construction of the Project would produce maximum daily air pollutant emissions during the grading and excavation phase of construction. The maximum daily construction emissions generated by the Project's worst-case construction scenario (i.e. days with the most construction equipment operating) would produce approximately 105.56 pounds per day of NOx. SCAQMD's daily significance threshold for NOx is 100 pounds per day. Therefore, construction emissions would have a potentially significant regional air quality impact regarding NOx emissions and would require mitigation. Mitigation Measure MM -AIR -1 would require the use of EPA Rated Tier 4 (or equivalent) engines on construction equipment. The use of Tier 4 (or equivalent) engines is applied to all equipment greater than 50 horsepower in each phase in order to be reduced to below a significant level. With implementation of this mitigation measures, maximum daily emissions of NOx would be 50.39 pounds per day, which is below the significance threshold of 100 pounds per day. Therefore, impacts related to violation of an air quality standard are reduced to less than significant with mitigation. 2. Cumulative Net Increase of Any Nonattainment Pollutant Impact AIR -3: The Project's construction emissions could result in a cumulatively considerable net increase of any nonattainment pollutant. a. Finding Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects related to the net increase of any nonattainment pollutant. Specifically, the following measure has been included to ensure that the Project's potential air quality impacts remain less than significant. Mitigation Measure MM -AIR -1. b. Facts in Support of Findings According to the SCAQMD, if an individual project results in air emissions of criteria pollutants (ROG, CO, NOx, SOx, PM 10, and PM2.5) that exceed the SCAQMD's recommended daily thresholds for project -specific impacts, then it would also result in a cumulatively considerable net increase of these criteria pollutants for which the proposed Project region is in non -attainment under an applicable federal or state ambient air quality standard. As discussed above, the Project's emissions during construction would exceed SCAQMD's regional threshold of significance for NOx. Therefore, when considered in addition to other projects in the cumulative scenario, the Project's incremental contribution of NOx emissions to impacts on air quality would be cumulatively considerable. However, with implementation of Mitigation Measure MM - AIR -1, the Project's NOx emissions would not exceed the SCAQMD regional threshold and cumulative air quality impacts would be reduced to a less than significant level. A-13 3. Construction — Expose Sensitive Receptors to Substantial Pollutant Concentrations Impact AIR -3: The Project's construction emissions could expose sensitive receptors to substantial pollutant concentrations. a. Finding Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects related to exposing sensitive receptors to substantial pollutant concentrations. Specifically, the following measures have been included to ensure that the Project's potential air quality impacts remain less than significant. Mitigation Measure MM -AIR -1 Mitigation Measure MM -AIR -2: During earthmoving and construction phases, use water trucks to spray unpaved roads and exposed soils on the Project site at least four times per day to keep all areas where vehicles move damp enough to prevent dust raised when leaving the site. In addition, require all vehicles and off-road equipment to limit maximum speed on unpaved roads within the Project site to 15 miles per hour. b. Facts in Support of Findings Residential apartment units located immediately adjacent to the southwest of the Project site, approximately 65 feet (25 meters) from the Project boundary, are the nearest sensitive receptors, which means that construction emissions were compared to the 1.9 -acre site localized significance thresholds (LST) (listed in Table 3.2-5 of the Draft SEIR) for a receptor distance of 82 feet (25 meters) from the site boundary. Based on SCAQMD guidance (specifically, the Fact Sheet for Applying CaIEEMod to Localized Significance Thresholds (Fact Sheet), found under the heading Appendix C- Mass Rate LST Look -up Table under the guidance page located at (http://www.agmd.gov/home/regulations/ceqa/air-quality-analysis-handbook/localized- significance-thresholds), the determination of significance based on 1.8 acres of disturbance per day was interpolated for this analysis. For PM10, the LST is 6.4 pounds per day; for PM2.5, the LST is 3.8 pounds per day. During grading and excavation phases of construction, emissions would exceed LSTs for PM10 (10.4 pounds per day) and PM2.5 (7.0 pounds per day). Mitigation Measure MM -AIR -1 requires all construction equipment to have EPA Rated Tier 4 (or equivalent) engines during each phase. Mitigation Measure MM -AIR -2 requires the Project site's unpaved roads used for any vehicular travel to be watered at least four times per eight hour workday to reduce fugitive dust emissions to below a significant level. With implementation of these mitigation measures, maximum daily emissions of PM10 would be 5.6 pounds and maximum daily emissions of PM2.5 would be 3.1, which are both below the LSTs for nearby sensitive receptors. Therefore, A-14 impacts related to exposure of sensitive receptors to pollutants are reduced to less than significant with mitigation. C. CULTURAL RESOURCES 1. Historical and Archaeological Resources Impact CUL -1: The results of archival research, geoarchaeological review, Tribal correspondence, and field survey suggest the Project area is sensitive for cultural resources. Although the lack of identified subsurface archaeological materials greatly reduces the likelihood of encountering buried archaeological resources as a result of Project implementation, it does not preclude this possibility entirely. The possibility exists of encountering buried archaeological resources that may be considered historical resources or unique archaeological resources pursuant to CEQA. a. Findings Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects related to historical and archaeological resources. Specifically, the following measures have been included to ensure that the Project's potential historical and archaeological resources impacts remain less than significant. Mitigation Measure MM -CUL -1: Prior to issuance of a grading permit and prior to the start of any ground -disturbing activity, the applicant shall retain a qualified archaeologist, defined as an archeologist meeting the Secretary of the Interior's Professional Qualification Standards for archeology (U.S. Department of Interior 2012) and as approved by the City of Temecula, to provide archeological expertise in carrying out all mitigation measures related to archeological resources (Mitigation Measures CUL -2 and -3). Mitigation Measure MM -CUL -2: Prior to the start of ground -disturbing activities, the qualified archaeologist shall designate an archaeological monitor to observe ground -disturbing activities, including but not limited to brush clearance and grubbing, grading, trenching, excavation, and the construction of fencing and access roads, in consultation with the Pechanga monitor. If ground -disturbing activities occur simultaneously in two or more areas located more than 500 feet apart, additional archaeological monitors may be required. The archaeological monitor shall keep daily logs. After monitoring has been completed, the qualified archaeologist shall prepare a monitoring report that details the results of monitoring activities, which shall be submitted to the City, Pechanga Tribe, and to the EIC at the University California, Riverside. A-15 Mitigation Measure MM -CUL -3: At least 30 days prior to issuance of a grading permit and prior to the start of any ground -disturbing activity, the Project Applicant shall contact the Pechanga Tribe to notify the Tribe of grading, excavation and the monitoring program, and to coordinate with the Tribe to develop and enter into a Cultural Resources Treatment and Monitoring Agreement (Agreement). The Agreement will address the treatment of known cultural resources; appropriate treatment and procedure for inadvertent discoveries; the designation, responsibilities, and participation of Native American Tribal monitors during grading, excavation and ground disturbing activities; Project grading and development scheduling; terms of compensation for the monitors; and treatment and final disposition of any cultural resources, sacred sites, and human remains discovered on the site. The Pechanga Tribal monitor shall monitor all ground -disturbing activities including, but not limited to, brush clearance and grubbing, grading. trenching, excavation, and the construction of fencing, as specified in the Agreement, and in consultation with the Project archeologist. If ground - disturbing activities occur simultaneously in two or more locations, additional Native American monitors may be required. Mitigation Measure MM -CUL -4: If inadvertent discoveries of subsurface cultural resources are discovered during ground -disturbing activities, the Project Applicant, the Project qualified Archaeologist, and the Pechanga Tribe shall assess the significance of such resources and shall meet and confer regarding the mitigation for such resources. Pursuant to PRC Section 21083.2(b), avoidance is the preferred method of preservation for archaeological resources. If the Project Applicant and the Pechanga Tribe cannot agree on the significance or the mitigation for such resources, these issues will be presented to the Planning Director for decision. The Planning Director will make the determination based on the provisions of the California Environmental Quality Act with respect to archaeological resources and will take into account the religious beliefs, customs, and practices of the Pechanga Tribe. Notwithstanding any other rights available under the law, the decision of the Planning Director will be appealable to the City Planning Commission and/or City of Temecula City Council. Mitigation Measure MM -CUL -5: The landowner shall relinquish ownership of all cultural resources, including sacred items. Burial goods and all archaeological artifacts that are recovered as a result of Project implementation to the Pechanga Tribe for proper treatment and disposition as outlined in the Agreement (Mitigation Measure CUL -3). Mitigation Measure MM -CUL -6: All sacred sites, should they be encountered within the Project area, shall be avoided and preserved as the preferred mitigation, if feasible. A-16 b. Facts in Support of Findings There are no current, known archeological or built environment resources in the Project Site that are listed in or eligible for listing in the California Register or local register, or that may be considered unique archaeological resources. As such, there would be no impact to known historical or unique archaeological resources. Nonetheless, archival research indicates the Project Site lies within an area that is highly sensitive for cultural resources. The lack of identified subsurface archaeological materials within or immediately adjacent to the Project site greatly reduces the likelihood of encountering buried archaeological resources, but it does not preclude this possibility entirely. As such, there exists the possibility of encountering buried archaeological resources that may be considered historical resources or unique archaeological resources pursuant to CEQA. Mitigation Measures MM -CUL -1 through MM -CUL -6 require specific measures to ensure that any such resources would be identified and any impacts to the resources would be avoided. Therefore, these mitigation measures would ensure that impacts would be reduced to less than significant. 2. Paleontological Resources Impact CUL -2: The Project could not directly or indirectly destroy a unique paleontological resource or site or unique geological feature. a. Findings Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects related to paleontological resources. Specifically, the following measure has been included to ensure that the Project's potential paleontological resources impacts remain less than significant. Mitigation Measure MM -CUL -7: In the event paleontological resources are discovered during Project implementation, the Project Applicant will notify the City's Planning Director and a qualified paleontologist, defined as one meeting the Society of Vertebrate Paleontology standards (Society of Vertebrate Paleontology, 1995). The paleontologist shall 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 shall be temporarily halted or diverted until the discovery is examined by a qualified paleontologist. The paleontologist shall notify the appropriate agencies to determine procedures that would be followed before construction is allowed to resume at the location of the find. If the City determines that avoidance is not feasible, the paleontologist shall prepare an excavation plan for mitigating the effect of the Project on the qualities that make the A-17 resource important. The plan will be submitted to the City for review and approval prior to implementation. b. Facts in Support of Findings The Project vicinity is underlain by older Quarternary alluvium and the Pauba Formation. Previous resource assessments indicate a wide range of vertebrate fauna from the Rancholabrean North American Land Mammal Age have been recovered from older Quarternary alluvium in the vicinity of the proposed Project. Furthermore, the Pauba formation is known to contain vertebrate fossils of late Irvingtonian and early Rancholabrean ages. As such, the older Quaternary alluvium and the Pauba Formation have a high paleontological sensitivity and there exists the possibility that proposed Project implementation may impact paleontological resource or unique geological feature. Implementation of Mitigation Measure MM -CUL -7 would reduce potential impacts to paleontological resources to Tess than significant. 3. Human Remains Impact CUL -3: Because the Project would involve ground -disturbing activities, it is possible that such actions could unearth, expose, or disturb previously unknown human remains interred outside of a formal cemetery. a. Findings Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects related to human remains. Specifically, the following measure has been included to ensure that the Project's potential human remain disturbance impacts remain less than significant. Mitigation Measure MM -CUL -8: If human remains are encountered, California Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to PRC Section 5097.98(b), remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the NAHC must be contacted within 24 hours. The NAHC must then immediately identify the MLD upon receiving notification of the discovery. The MLD shall then make recommendations within 48 hours and engage in consultation concerning the treatment of the remains as provided in PRC Section 5097.98 and the Agreement described in Mitigation Measure MM -CUL -3. b. Facts in Support of Findings No known human remains exist within the proposed Project vicinity. However, since the proposed Project would involve ground -disturbing activities, it is possible that such actions could unearth, expose, or disturb previously unknown human remains. A-18 Implementation of Mitigation Measure MM -CUL -8 would ensure that impacts are less than significant. 4. Tribal Cultural Resources Impact CUL -4: Project implementation may cause a substantial adverse change in the significance of a tribal cultural resource as defined in PRC 21074. a. Findings Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects related to tribal cultural resources. Specifically, the following measures have been included to ensure that the Project's potential tribal cultural resources impacts remain less than significant. Mitigation Measures MM -CUL -3, MM -CUL -4, MM -CUL -5, and MM -CUL - 6 b. Facts in Support of Findings While no tribal cultural resources were identified within the Project site, at least four resources were identified by the Pechanga Tribe within the immediate vicinity. Given the sensitivity of the broader area for archaeological, ethno-historic, and tribal cultural resources, the Pechanga Tribe considers the entire area to be highly sensitive for tribal cultural resources. Project activities, particularly ground -disturbing activities, have the potential to uncover previously unidentified resources that could be identified as tribal cultural resources. In light of this sensitivity, the Pechanga tribe has requested Native American monitoring of all ground disturbing activities associated with the Project. This request has been incorporated into the mitigation measures presented in this section. Implementation of Mitigation Measures MM -CUL -3 through MM -CUL -6 would reduce potential impacts to tribal cultural resource to less than significant. D. GEOLOGY AND SOILS 1. Seismic Groundshaking Impact GEO-lb: The Project development could expose people or structures to potential substantial adverse effects from strong seismic groundshaking, including the risk of loss, injury or death. a. Findings The Project site is located in a seismically active region with active fault segments of the Elsinore fault zone located approximately 2,000 feet from the Project boundary. The Elsinore Fault Zone is one of the faults considered capable of producing significant groundshaking. If not designed appropriately, the proposed Project's structures could be A-19 damaged from significant groundshaking in a 6.7 or greater magnitude earthquake on the Elsinore or one of the other regional active faults. Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects to groundshaking to less than significant. Specifically, the following measures have been included to ensure that the Project's potential impacts remain less than significant. Mitigation Measure MM-GEO-1: Prior to issuance of a building permit, a final design level geotechnical report shall be prepared by a California registered geotechnical engineer or engineering geologist and submitted to the City in accordance with City, California Building Code (CBC) and engineering standards. The final report shall be based on the recommendations contained within the Preliminary Geotechnical report prepared for the Project site and include measures to incorporate seismic design measures that meets CBC requirements. The report shall address all geotechnical hazards including seismic design, liquefaction, soil stability, and any other geotechnical hazard identified at the site. b. Facts in Support of Findings The Project would be constructed in accordance with applicable City ordinances and policies and consistent with the most recent version of the CBC, which requires structural design that can accommodate ground accelerations expected from known active faults. In addition, the design -level geotechnical investigations would be prepared by a California registered Geotechnical Engineer or Engineering Geologist and recommendations would include final design parameters for any retaining walls, foundations, foundation slabs, and surrounding related improvements (cut slopes, utilities, roadways, parking lots and sidewalks). These recommendations, based on those contained within the preliminary geotechnical investigation prepared for the site would be necessary to reduce potential impacts associated with groundshaking. Therefore, with implementation of the seismic design requirements into construction specification as required by Mitigation Measure GEO-1, the impacts associated with the effects associated with groundshaking would be reduced to less than significant levels. 2. Construction Impacts to Soil Erosion Impact GEO-2: Construction of the Project could result in soil erosion of the loss of topsoil on the Project Site. a. Findings Construction of the Project has a potential to result in soil erosion or the loss of topsoil on the Project Site because construction would involve significant earthwork activities, including grading and stockpiling of soils. Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects to soil erosion to less than significant. Specifically, the A-20 following measures have been included to ensure that the Project's potential impacts remain less than significant. Mitigation Measure MM -HYD -1: As a condition of approval, the proposed Project shall be required to implement the 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 final Project designs implement specific water quality features to meet the City's Municipal Separate Storm Sewer System (MS4) Permit and Stormwater Ordinance requirements. The WQMP shall be reviewed and approved by the City of Temecula prior to the issuance of a building or grading permit. Mitigation Measure 3.5-1 (from OTSP Program EIR): Prior to the issuance of a grading or building permit for individual Projects, the Project developer shall file a Notice of Intent (NOI) with California to comply with the requirements of the NPDES General Construction Permit (Municipal Code, Chapter Chapter 8.24). This would include the preparation of a SWPPP incorporating construction BMPs for control of erosion and sedimentation contained in stormwater runoff. b. Facts in Support of Findings These mitigation measures require the implementation of construction BMPs, which would be detailed in the SWPPP as required by the Construction General Permit from the NPDES program, as further discussed in the Hydrology and Water Quality section, and the preparation of a WQMP, as required by the City Stormwater Ordinance. Although these measures are intended to prevent sedimentation from entering runoff from the site, they generally prevent soil erosion and loss of topsoil occurring at a construction site. Therefore, with adherence to these mitigation measures, potential construction -related erosion would be reduced to less than significant. 1. Unstable or Expansive Soils Impact GEO-3 and GEO-4: The Project could result in subsidence, liquefaction, lateral spreading, expansion or collapse as a result of being located on a geologic unit or soil that is unstable or that would become unstable as a result of the proposed Project. a. Findings Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects related to unstable or expansive soils to less than significant. Specifically, the following measure has been included to ensure that the Project's potential impacts remain less than significant. Mitigation Measure MM-GEO-1 A-21 b. Facts in Support of Findings The Project would be required to adhere to City building code requirements, which include the preparation of a design -level geotechnical investigation by a state licensed geotechnical engineer and included as part of Mitigation Measure MM-GEO-1. The final required geotechnical report for the Project would determine the susceptibility of the subject site to settlement and prescribe appropriate engineering techniques for reducing its effects based on site specific data of subsurface soils. The preliminary geotechnical report prepared for the Project provides a basis of conditions that are expected to occur but a final geotechnical report with specific design criteria would be required to obtain a building permit. The final geotechnical report would determine appropriate foundation requirements, footing size, fill placement, grading, and then any structural engineering specific to the proposed elements of the Project. Therefore, implementation of standard geotechnical engineering practices, which includes a geotechnical investigation containing recommendations that are specific to the Project design, and adherence to City and CBC building code requirements would result in less than significant impacts from unstable soils and other adverse soil properties. E. HAZARDS AND HAZARDOUS MATERIALS 1. Construction — Upset or Accidental Release of Hazardous Materials. Impact HAZ-2: The Project could create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment. a. Findings Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects related to hazardous materials. Specifically, the following measure has been included to ensure that the Project's potential hazardous material impacts remain less than significant. Mitigation Measure MM HAZ-1: As a condition of approval for a grading permit, the use of construction BMPs shall be implemented as part of construction to minimize the potential negative effects of accidental release of hazardous materials to groundwater and soils. These shall include the following: • Follow manufacturer's recommendations on use, storage and disposal of chemical products used in construction; • Avoid overtopping construction equipment fuel gas tanks; A-22 • During routine maintenance of construction equipment, properly contain and remove grease and oils; and • Properly dispose of discarded containers of fuels and other chemicals in accordance with manufacturer's specifications and local and state regulations. All the BMPs shall be in accordance with the most recent version of the California Stormwater Quality Association (CASQA) BMP Handbook for construction and included in contract specifications. b. Facts in Support of Findings The onsite storage and/or use of large quantities of materials capable of impacting soil and groundwater are not typically required for a Project of this proposed size and type. However, construction activities would require the use of certain hazardous materials such as fuels, oils, solvents, and glues. The inadvertent release of large quantities of these materials into the environment could adversely impact soil, surface waters, or groundwater quality. As such, Mitigation Measure MM-HAZ-1 requires the implementation of best management practices to minimize the potential negative effects of accidental release of hazardous materials to groundwater and soils. Therefore, with implementation of Mitigation Measure MM-HAZ-1, impacts would be reduced to less than significant. F. HYDROLOGY AND WATER QUALITY 1. Construction — Water Quality or Waste Discharge Impact HYD -1 and HYD -6: Construction activities associated with the Project would not violate water quality standards or waste discharge requirements or otherwise substantially degrade water quality. a. Findings Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects related to water quality and waste discharge. Specifically, the following measure has been included to ensure that the Project's potential impacts remain less than significant. Mitigation Measure MM -HYD -1: As a condition of approval, the proposed Project shall be required to implement the 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 final Project designs implement specific water quality features to meet the City's Municipal Separate Storm Sewer System (MS4) Permit and Stormwater Ordinance A-23 requirements. The 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 During construction, potential impacts on water quality are related to sediments, turbidity, and certain pollutants that might be associated with sediments (e.g., phosphorus and legacy pesticides). Construction -related activities that are primarily responsible for sediment releases are related to exposure of soils to rainfall/runoff and wind and include removal of vegetation, grading, and excavation. Other pollutants that are of concern during construction include waste materials, chemicals, concrete, and petroleum products used in building construction or the maintenance of heavy equipment. The Project construction would require disturbance of more than one acre, and thus would be required to obtain coverage under the statewide NPDES Construction General Permit (as also required by Mitigation Measure MM -3.5-1), which is contained within the OTSP Program EIR and applies to this Project). The Construction General Permit requires the development to prepare and implement a SWPPP, which would identify the sources of sediment and other pollutants that may affect the quality of storm water discharges during construction and describe the implementation and maintenance various BMPs to reduce or eliminate the potential for sediment or pollutants to come into contact with stormwater runoff during construction. With the application of the these regulations, construction -related impacts to water quality from the Project would be less than significant. Operation of the new development at the Project site would be required to comply with the development planning requirements of the San Diego Regional Water Quality Control Board (SDRWQCB) MS4 permit in effect at the time of construction and prepare a Project -specific WQMP as required by the City of Temecula Stormwater Ordinance, per Mitigation Measure MM -HYD -1. These regulations include implementation of non- structural, structural, and source control and treatment control BMPs during the planning process prior to Project approval for development projects. The SDRWQCB MS4 permit and the City of Temecula Stormwater Ordinance require that the Project - specific WQMP shall include a drainage hydrologic/hydraulic analysis that details the site's anticipated runoff calculations. With implementation of these requirements, the Project would not result in adverse impacts to water quality. 2. Drainage Pattern Alteration and Stormwater Facilities Impact HYD -4 and HYD -5: The Project could substantially alter the existing drainage pattern of the site such that increases in runoff result in flooding on or offsite or exceed the capacity of existing or planned infrastructure. a. Findings Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects related to A-24 drainage patterns. Specifically, the following measure has been included to ensure that the Project's potential impacts remain less than significant. Mitigation Measure MM -HYD -2: Prior to issuance of a grading permit, a final drainage study shall be prepared by a registered civil engineer and submitted to Public Works with the initial grading plan check in accordance with City, Riverside County and engineering standards. The final study shall identify storm water runoff quantities (to mitigate the 100 - year storm event) from the development of this site and upstream of the site, and shall identify all existing or proposed drainage facilities intended to discharge this runoff. Runoff shall be conveyed to an adequate outfall capable of receiving the storm water runoff without damage to public or private property; the final study shall include a capacity analysis verifying the adequacy of all facilities. If the receiving facilities are determined to be under capacity, then other improvements to existing or proposed drainage facilities shall be incorporated into the final design in accordance with Public Works requirements. b. Facts in Support of Findings Runoff generated on and off the site during construction would have the potential to exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff. The proposed drainage pattern would generally be the same during Project construction when compared with the pre -Project condition. As a result, runoff conditions would not substantially change during construction activities. However, construction BMPs would be in place during storm events as required by the Construction General Permit, which would reduce the potential for stormwater to come into contact with pollutants and integrate it into surface water, to the maximum extent practicable. BMPs have proven effective at substantially reducing or eliminating runoff during construction. As a result, construction activities would not result in runoff that would exceed the capacity of the adjacent existing drainage system capacity or provide substantial additional sources of polluted runoff. Impacts to existing stormwater drainage facilities during construction would be less than significant. A conceptual drainage plan and WQMP has already been prepared for the site to address how the Project would comply with drainage control requirements. The analyses determined drainage management areas for the Project, calculations for Low Impact Development (LID) BMP facilities, potential pollutants of concern, and a preliminary design. As part of Mitigation Measure MM -HYD -2, a final drainage study would be prepared by an engineer that would verify the capacity of the existing receiving drainage facilities in accordance with City of Temecula requirements. Implementation of Mitigation Measure HYD -2 and adherence to the requirements found in the MS4 permit would ensure no substantial increases in stormwater runoff would occur and that the existing capacity of storm water drainage systems would not be exceeded. A-25 G. NOISE 1. Operations — Permanent Increase in Ambient Noise Levels Impact NOI-3: Operation of the proposed Project could result in a substantial permanent increase in ambient noise levels in the Project vicinity above existing levels. a. Findings Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects related to permanent increase in noise levels. Specifically, the following measures have been included to ensure that the Project's potential impacts remain less than significant. Mitigation Measure MM -N01-4: • Building equipment (e.g., HVAC units) shall be located away from nearby residences, on building rooftops, and properly shielded by either the rooftop parapet or within an enclosure that effectively blocks the line of sight of the source from the nearest receptors. The resultant HVAC noise level shall not exceed 45 dBA at the nearest receptors. • In order to avoid noise -sensitive hours, commercial and retail shall prohibit loading and unloading activities between the nighttime hours of 10:00 PM and 7:00 AM. • To further address the nuisance impact of loading dock/truck delivery noise, all loading areas for commercial and retail uses shall be located at the rear or sides of buildings within the commercial and mixed-use districts, where noise can be directed away from residential uses within the mixed use areas of the Project. Mitigation Measure MM -N01-5: If necessary to comply with the interior noise requirements of the City of Temecula and achieve an acceptable interior noise level, noise reduction in the form of sound -rated assemblies (i.e., windows, exterior doors, and walls) shall be incorporated into Project building design, based upon recommendations of a qualified acoustical engineer. Final recommendations for sound -rated assemblies will depend on the specific building designs and layout of buildings on the site and shall be determined during the design phase. b. Facts in Support of Findings As part of the proposed Project, new mechanical equipment, such as heating, ventilation, and air conditioning units (HVAC), would be installed on the hotel building. Such rooftop HVAC units typically generate noise levels of approximately 55 dB at a A-26 reference distance of 100 feet from the operating units during maximum heating or air conditioning operations. The noise level of the HVAC, if on the edge of the building nearest the sensitive receptors, could exceed the City of Temecula's 65 dBA noise standard. Delivery trucks are expected to be used during on-site commercial operations. An idling truck at 50 feet was found to produce noise levels of 72 dBA Leq, and a passing truck at 50 feet was found to produce noise levels of 68 dBA Leq. Cal -OSHA also requires backup beepers to be at least 5 dBA above ambient noise levels. Because the truck delivery access point would be the furthest point of the Project site away from sensitive receptors (approximately 500 feet), the truck deliveries are not anticipated to impact nearby residences. The Project -specific traffic analysis revealed that traffic impacts for the proposed Project would be less than significant and no mitigation measures would be required. Therefore, noise impacts related to operational traffic are expected to be less than significant. The OTSP Program EIR determined that residences in the Project area would be subject to Title 24 of the California Code of Regulations, which requires an interior noise standard of DNL 45 dBA in any habitable room. Although the proposed Project is a hotel project, it is also subject to Title 24 Building Codes. Therefore, hotel rooms located along affected roads exceeding 65 dBA would require sound -rated assemblies at the exterior facades of project buildings. The OTSP Program EIR also included Mitigation Measures MM -N01-4 and MM -N01-5 to reduce indoor noise exposure to within City of Temecula and State standards. Compliance with the mitigation measures contained in the OTSP Program EIR, and herein incorporated by reference would reduce operational noise impacts to less than significant levels. H. TRAFFIC AND CIRCULATION 1. Cumulative Intersection Level of Service Impact Cumulative CIR-1: The proposed Project would result in significant impacts at the following intersections under Cumulative Conditions: • Rancho California Road / Old Town Front Street (AM and PM peak hours) a. Findings Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects related to traffic under existing (2016) conditions. Specifically, the following measure has been included to ensure that the Project's potential impacts remain less than significant. Mitigation Measure MM-CUM-CIR-1. The Project applicant shall contribute fair -share funding (2%) towards the optimization of the AM peak hour traffic signal coordination timing plan. Since Rancho California Road A-27 operates an Adaptive Traffic Signal System, the entire corridor will require optimization. b. Facts in Support of Findings The City of Temecula's significance criteria states that a traffic impact is considered significant if the addition of Project traffic causes the intersection LOS to decrease to worse than LOS D during peak hours. For intersections currently operating at LOS E or F, a project impact will be considered significant if the project causes the delay at a signalized intersection to increase by more than 2 seconds or adds more than 20 peak hour trips to the critical movement of an unsignalized intersection. All of the study intersections would operate acceptably at LOS D or better with and without the proposed Project, with the exception of the following location, which would operate at LOS E during the AM peak hour and LOS F during the PM peak hour: • Rancho California Road / Old Town Front Street (AM and PM peak hours) The intersection at Rancho California Road and Old Town Front Street currently operates at LOS E (AM) and F (PM); the proposed Project's contribution to LOS E conditions during the AM peak hour in combination with cumulative projects, is considered a significant impact because the intersection delay would increase by more than two seconds. Therefore, a significant cumulative impact would occur at the Rancho California Road and Old Town Front Street intersection. However, implementation of Mitigation Measure MM-CUM-CIR-1 would require the Project applicant to contribute fair -share funding towards optimization of the AM peak hour traffic signal coordination timing plan. This would reduce delay time at the intersection and would reduce this cumulative impact to less than significant with the incorporation of mitigation. VII. Environmental Effects that Remain Significant and Unavoidable After Mitigation. In the environmental areas of Greenhouse Gas (GHG) Emissions and Noise and Vibration, there are instances where potential environmental impacts would remain significant and unavoidable, as discussed below: A. GREENHOUSE GAS EMISSIONS 1. Generation of GHG Emissions Impacts Impact GHG-1: The Project would generate GHG emissions, either directly or indirectly, that may have a significant impact on the environment. Impact GHG-2: The Project would conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases. A-28 a. Findings The OTSP Program EIR determined that implementation of the full build -out of the OTSP Amendment would result in the generation of GHG emissions from construction and operations that would exceed SCAQMD's GHG screening threshold, and therefore would be considered a potentially significant impact. The GHG analysis contained in the OTSP Program EIR was incorporated in Chapter 3.0, Summary of Findings from the OTSP Program EIR, of the Project Draft SEIR. Changes or alterations have been required in or incorporated into the Project that reduce the impacts related to GHG emissions. The below mitigation measures from the OTSP Program EIR are required in order to reduce GHG emissions impacts to the maximum extent feasible. Mitigation Measure 3.3-1 (from the OTSP Program EIR): The applicant shall require implementation of all feasible energy efficiency and GHG reduction measures, including but not limited to the following measures. Energy Efficiency • Design buildings to be energy efficient. • Install efficient lighting and lighting control systems. Use daylight as an integral part of lighting systems in buildings. • Install light colored "cool" roofs, cool pavements. • Provide information on energy management services for large energy users. • Install energy efficient heating and cooling systems, appliances and equipment, and control systems. • Install light emitting diodes (LEDs) for traffic, street and other outdoor lighting. Water Conservation and Efficiency • Create water -efficient landscapes. • Install water -efficient irrigation systems and devices, such as soil moisture -based irrigation controls. • Design buildings to be water -efficient. Install water -efficient fixtures and appliances. • Restrict watering methods (e.g., prohibit systems that apply water to non -vegetated surfaces) and control runoff. A-29 • Restrict the use of water for cleaning outdoor surfaces and vehicles. • Implement low -impact development practices that maintain the existing hydrologic character of the site to manage storm water and protect the environment. (Retaining storm water runoff on-site can drastically reduce the need for energy -intensive imported water at the site.) • Devise a comprehensive water conservation strategy appropriate for the project and location. The strategy may include many of the specific items listed above, plus other innovative measures that are appropriate to the specific project. • Provide education about water conservation and available programs and incentives. Solid Waste Measures • Reuse and recycle construction and demolition waste (including, but not limited to, soil, vegetation, concrete, lumber, metal, and cardboard). • Provide interior and exterior storage areas for recyclables and green waste and adequate recycling containers located in public areas. Land Use Measures • Include mixed-use, infill, and higher density in development projects to support the reduction of vehicle trips, promote alternatives to individual vehicle travel, and promote efficient delivery of services and goods. Transportation and Motor Vehicles • Limit idling time for commercial vehicles, including delivery and construction vehicles. • Use low or zero -emission vehicles, including construction vehicles. b. Facts in Support of Findings The OTSP Program EIR determined that implementation of the full build -out of the OTSP Amendment would result in approximately 12,004 metric tons (MT) of CO2e per year from construction and approximately 192,657 MT CO2e per year from operations, which was considered a potentially significant impact. The OTSP Program EIR included a list of GHG reduction measures, incorporated above as Mitigation Measure 3.3-1, from the State of California Attorney General's office that could be applied to a diverse range of projects in order to reduce GHG emissions. A-30 However, since the project would result in GHG emissions that would exceed the major source threshold (25,000 MT CO2e per year) and the SCAQMD GHG screening threshold (3,000 MT CO2e per year), the OTSP Amendment would potentially conflict with the state's ability to meet the AB 32 goals. Even with implementation of all measures that are feasible from Mitigation Measure 3.3-1 listed above, build -out of the OTSP Amendment was considered to be a major source of greenhouse gases and would exceed the SCAQMD GHG screening threshold. Consequently, the increase in greenhouse gases from implementation of the OTSP places the project in conflict with the goal of the state to reduce up to 169 million metric tons CO2e/year. The OTSP Program EIR determined impacts related to GHG emissions would be significant. Implementation of the proposed Project would not introduce any new land uses that were not already accounted for in the certified OTSP Program EIR. The Project would involve an amendment to the OTSP that would relocate a portion of the Hotel Overlay zone to the Project site and would not change the overall intensity or distribution of uses in the Specific Plan area. The GHG emissions resulting from the construction and operation of the Project are cumulative in nature. Therefore, Project -specific emissions are accounted for in the OTSP Program EIR and there would be no additional emissions as a result the Project. Since the OTSP Program EIR determined that impacts from GHG emissions would be considered significant and unavoidable, the proposed Project would also have significant and unavoidable impacts related to GHG emissions. B. NOISE AND VIBRATION 1. Construction Noise Impacts Impact NOI-1: The Project would result in the exposure of persons to, or generation of, noise levels in excess of standards established in the local general plan or noise ordinance. Impact NOI-2: The Project would exposure of persons to, or generation of, excessive ground -borne vibration or ground -borne noise levels Impact NOI-4: The Project would result in a substantial temporary or periodic increase in ambient noise levels in the Project vicinity above levels existing without the project. a. Findings During construction, the proposed Project has a potential to temporarily generate noise levels that may result in (1) exposure of persons to or generation of noise or ground - borne vibration levels in excess of applicable local standards and (2) a substantial temporary or periodic increase in ambient noise levels in the Project vicinity above levels existing without the Project. Changes or alterations have been required in or incorporated into the Project that reduce the impacts related to construction noise and vibration. The below mitigation A-31 measures are required in order to reduce construction noise and vibration impacts to the maximum extent feasible. Mitigation Measure MM -N01-1: • The applicant shall ensure, as specified in City of Temecula Ordinance No. 94-25, that no construction may occur within one-quarter (1/4) of a mile of any occupied residence during the following hours: o 6:30 PM to 6:30 AM, Monday through Friday. o Before 7:00 AM or after 6:30 PM, Saturday. o At any time on Sunday or any nationally recognized holiday. • The applicant shall ensure that all construction equipment will have properly operating mufflers. • The applicant shall ensure that all construction staging shall be performed as far as possible from occupied dwellings. • The applicant shall ensure that signs shall be posted at the construction sites that include permitted construction days and hours, and a contact number for the job site. Mitigation Measure MM -N01-2: The construction contractor will conduct crack surveys before construction activities that could cause architectural damage to nearby structures. The survey will include any historic buildings or buildings in poor condition within 15 feet of construction. The surveys will be done by photographs, video tape, or visual inventory, and will include inside as well as outside locations. All existing cracks in walls, floors, and driveways should be documented with sufficient detail for comparison after construction to determine whether actual vibration damage occurred. A post -construction survey should be conducted to document the condition of the surrounding buildings after the construction is complete. The construction contractor would be liable for construction vibration damage to adjacent structures. Mitigation Measure NOI-3: Implement Temporary Noise Barriers. Implement the field -erected temporary noise barriers including but not limited to sound blankets on existing fences and walls or the use of freestanding portable sound walls, to block the line -of -site between construction equipment and noise -sensitive receptors during Project implementation. Noise barriers should be a minimum of 8 -feet -tall and continuous between the source of noise and adjacent or nearby noise - sensitive receptors. Noise barriers are most effective when placed directly adjacent to either the noise source or receptor. Place sound barriers around stationary sources and near windows, where feasible. A-32 Barrier construction may include, but not necessarily be limited to, using appropriately thick wooden panel walls (at least 1/2 inch thick), as shown in Figure 3.8-1, which are tall enough to block the line -of -sight between the dominant construction noise source(s) and the noise -sensitive receptor. Such barriers can reduce construction noise by 5 to 15 dBA at nearby noise -sensitive receptor locations, depending on barrier height and length, and the distance between the barrier and the noise -producing equipment or activity. Alternately, field -erected noise curtain assemblies could be installed around specific equipment sites or zones of anticipated mobile or stationary activity, resembling the sample shown in Figure 3.8-2. These techniques are most effective and practical when the construction activity noise source is stationary (e.g., auger or drill operation) and the specific source locations of noise emission are near the ground and can be placed as close to the equipment/activity-facing side of the noise barrier as possible. Barrier layout and other implementation details would vary by construction site. b. Facts in Support of Findings Construction of the proposed Project would require the use of heavy equipment during the grading and excavation activities at the Project site, installation of new utilities, paving, and building fabrication for the proposed residential buildings. Development activities would also involve the use of smaller power tools, generators, and other sources of noise. During each stage of development, there would be a different mix of equipment, which means that construction activity noise levels at and near the Project Site would fluctuate depending on the particular type, number, and duration of use of the various pieces of construction equipment. Under Municipal Code Section 9.20.040, the exterior noise standard for single-family residential use receptors is 65 dBA Ldn/CNEL. However, Section 9.20.070 (Exceptions) allows for construction -related exceptions from these noise standards if approved by the City Manager. The request for construction -related exceptions must be submitted in writing at least three working days in advance of the scheduled and permitted construction activity, and be accompanied with the appropriate inspection fee(s). Further, construction activities are prohibited between the hours of 6:30 P.M. and 7:00 A.M. Monday through Friday, and are allowed on Saturday only between 7:00 A.M. and 6:30 P.M. Construction activities are prohibited on Sundays and nationally recognized holidays. Existing sensitive receptors in the vicinity of the Project site consist of the residential apartment buildings located 65 feet southwest of the Project boundary. Because the nearest sensitive receptor is close to the Project site, construction activity would generate noise levels, which would result in a substantial increase in ambient noise levels at the nearby receptors. Therefore, the impact would be significant, as indicated in the OTSP Program EIR. A-33 To address significant construction noise impacts of a substantial increase in ambient noise levels, the proposed Project would be required to comply with noise Mitigation Measures MM -N01-1 and MM -N01-2, which were identified in the OTSP Program EIR. To further reduce construction noise levels at residences, Mitigation Measure MM-NOI- 3 would include the implementation of temporary noise barriers at construction activities. The barrier material is assumed to be solid and dense enough to demonstrate acoustical transmission Toss that is at least 10 dBA greater than the estimated noise reduction effect. These suggested barrier types do not represent the only ways to achieve the indicated noise reduction in dBA; they represent examples of how such noise attenuation might be attained by an implemented measure under the right conditions. Implementation of Mitigation Measure MM -N01-1 would reduce construction noise levels at the nearby receptors, thereby, reducing the increase in ambient noise levels due to Project construction. However, mitigation measure NOI-1 may not be feasible to physically implement at the construction activities to achieve blocking line -of -sight between the construction noise sources and the nearby sensitive receptors. For example, temporary barriers may not feasibly be tall and or wide enough to block line - of -sight, and/or and the placement of temporary barriers could endanger construction crew members and equipment. Therefore, impacts would be potentially significant and unavoidable with regard to resulting in a substantial increase in ambient noise levels. The OTSP Program EIR determined that use of a large bulldozer for Project construction generates vibration levels of up to 0.089 PPV or 87 RMS at a distance of 25 feet. Implementation of mitigations measures would reduce vibration impacts. A large bulldozer would reduce to 80 RMS at 45 feet and increase to 0.2 PPV at 15 feet from operation. The OTSP Program EIR determined that this impact would be less than significant with implementation of OTSP Mitigation Measures MM -N01-1 and MM-NOI- 2. However, even with the implementation of these mitigation measures, construction of the proposed Project would result in significant and unavoidable temporary vibration impacts to the nearby sensitive receptors. Due to the proximity of the nearest residences to the Project site, it is anticipated that even with the implementation of the mitigation measures identified in the OTSP Program EIR, and additional measures proposed (i.e, noise barriers), construction of the proposed Project would potentially result in a substantial temporary increase in ambient noise levels at nearby sensitive receptors during construction. Therefore, the impact would be significant and unavoidable. No additional feasible mitigation measures are available to reduce construction noise impacts to sensitive receptors. VIII. Project Alternatives. The SEIR considered and analyzed three alternatives to the Proposed Project: Alternative 1—No Project Alternative (No Development); Alternative 2— Reduced Hotel with no Specific Plan Amendment Alternative; and Alternative 3— Commercial and Residential Use Alternative. A-34 The three alternatives that were analyzed in the SEIR are discussed below, including the basis for rejecting each alternative. In addition, comparison of the alternatives is available in Table 5-2 of the SEIR. Each alternative's environmental impacts are considered and analyzed, along with an analysis of whether it achieves any of the Project Objectives as shown below. • Provide an upscale lodging facility that will service both residents and tourists visiting Old Town Temecula; • Provide additional conference room facilities within Old Town Temecula; and • Create an aesthetically compatible development and minimize impacts to neighboring properties by designing with high quality architecture and signage. A. ALTERNATIVE 1—NO PROJECT ALTERNATIVE (NO DEVELOPMENT) 1. Summary of Alternative Alternative 1 evaluates the environmental impacts if the Project site were to remain in its current state for the foreseeable future. The Project site is comprised of approximately 1.8 acres of predominantly developed land in Old Town Temecula. The Project site is currently developed with approximately 22,424 square feet (SF) of several vacant buildings. An undeveloped parcel approximately 17,500 SF is located across Third Street where the proposed parking garage would be constructed. Under this alternative, the Project site would remain vacant and the proposed hotel and parking garage would not be built. The site would continue to contain the existing structures on the hotel site and vacant land on the garage site. Unimproved areas along Third Street would not be landscaped or improved in any way. 2. Reason for Rejecting Alternative Alternative 1 is the "No Build" alternative in which no development would occur on the Project Site. The Site would remain vacant, undeveloped land. Because no development or change would occur on the Project Site, no impacts would occur. As such, the proposed Project's impacts would generally be reduced under this Alternative. For aesthetics impacts, the existing Project site under Alternative 1 would not feature any additional sources of light and glare. No impacts to scenic vistas or resources would occur under this alternative. Under the proposed Project, the site would be developed with an aesthetic character in accordance with the design guidelines specified in the Old Town Specific Plan and visual quality of the site would be enhanced. Under Alternative 1, the existing site would remain vacant which degrades the existing visual character or quality of the site and its surroundings due to its current lack of unkempt appearance. A-35 Therefore, implementation of Alternative 1 would result in more negative aesthetic impacts than the proposed Project. Air quality impacts would be reduced compared to the proposed Project because Alternative 1 would result in no construction -related emissions (from construction activities, vehicles, and equipment), and no operational emissions (associated with increased traffic). With no construction and no additional traffic volumes or operational emissions, air emissions in the vicinity would remain unchanged. No impact to air quality would occur as a result of this alternative, so impacts would be reduced as compared to the proposed Project. No potential impacts to cultural resources would occur under Alternative 1 because no grading activities would occur that could unearth cultural resources or disturb paleontological resources. Under this alternative, there would be no changes to the site and thus no impact to cultural resources would occur, eliminating any potential Project impacts. Potential impacts to geology and soils, such soil erosion during construction, would not occur under Alternative 1. The Project site would not be developed. However, geology and soils effects under the proposed Project are not anticipated to be significant, so these differences would be negligible. Construction -related hazardous materials would not be brought to the site, nor would hazardous materials be used during operation of the proposed Project, such as landscaping sprays or household cleaning products. Therefore, this alternative would result in fewer impacts related to hazards and hazardous materials than the proposed Project. No increase of impervious surfaces and no change to the natural drainage patterns of the Project site would occur under Alternative 1. No improvements would be required for water quality treatment. Overall, this alternative would result in fewer effects related to hydrology and water quality than the proposed Project. Under Alternative 1, no change would occur to the existing conditions at the Project site. This alternative would involve no amendment or rezoning associated with the Specific Plan. Because no change to the existing land use or land use plans and policies related to the Project site would occur, this alternative would have no direct impact on land use at the site or in the vicinity. Alternative 1 would not result in any change to existing ambient noise levels and would introduce no new source of noise. Because the site would remain with the existing non- operational uses under this alternative, traffic -related noise attributable to the Project would not occur. This alternative would result in no impact related to noise at or in the vicinity of the Project site. The significant and unavoidable temporary construction noise impact would be completely avoided. Impacts would be reduced and the proposed Project construction -phase impacts would not occur. A-36 Under Alternative 1, no additional traffic would be generated by uses on the Project site, which is vacant or out of business, resulting in no impacts related to traffic and circulation. Thus, Alternative 1 would result in fewer impacts when compared to the proposed Project. Under Alternative 1, the Project site would not be developed and no increase demand for water, wastewater, or solid waste services would occur. No new water service or sewer line connections would be developed under Alternative 1. Thus, under Alternative 1, impacts to utilities and service systems would not occur. Overall, Alternative 1 would reduce environmental impacts compared to the proposed Project. However, Alternative 1 does not satisfy any of the three Project Objectives. Because Alternative 1 would result in no development of the Project Site, it would not provide an upscale lodging facility or conference room facilities that will service both residents and tourists visiting Old Town Temecula. Whereas the proposed Project satisfies each Project Object, Alternative 1 fulfills none of the Objectives. Thus, the City Council finds that Alternative 1 would not meet any of the Project Objectives. The City Council hereby finds that each of the reasons set forth above would be an independent ground for rejecting Alternative 1, and by itself, independent of any other reason, would justify rejection of Alternative 1. B. ALTERNATIVE 2—GENERAL PLAN ALTERNATIVE 1. Summary of Alternative Under this alternative, the Project site would be developed with a smaller, three-story hotel, which would include 90 rooms, and would be in accordance with the current Specific Plan land use designation for the Project site, which is Downtown Core (DTC). This alternative would still develop the parking garage. This alternative would not include the Specific Plan Amendment to relocate a portion of the Hotel Overlay (HO) onto the proposed Project site. The hotel would be developed on the existing DTC zoning district, where permitted uses include, but are not limited to hotels, art galleries, museums, restaurants, entertainment oriented uses, small scale boutique retailers such as gift, specialty food, and antique shops and similar retail uses, offices and service oriented uses. Hotels under three stories in the DTC zoning district are not subject to the Supplemental Standards and Special Use Standards in Section IV.G of the Old Town Specific Plan. 2. Reason for Rejecting Alternative Environmental impacts in the Biological Resources, Cultural Resources, Geology and Soils, and Hydrology and Water Resources correlate primarily with the footprint of site development because they relate to the location of a Project and the development of vacant land. A similar area would be disturbed under either Alternative 2 and the proposed Project. Therefore, Alternative 2 would have the same impact in these areas when compared to the proposed Project. A-37 Under Alternative 2, the site would be developed with a three-story hotel. Impacts to scenic vistas and scenic resources would be similar to the proposed Project since development of the hotel in either scenario would partially block views of the western viewshed from certain viewpoints. In addition, the hotel developed under Alternative 2 would also be required to comply with the DTC design guidelines and standards because these guidelines and standards apply to all buildings within the DTC or DTC/HO zoning districts. Therefore, the Alternative 2 hotel would be designed with architectural elements that are consistent with the Old Town Specific Plan and would be fitting with the visual character of its surroundings. Thus, implementation of Alternative 2 would result in similar aesthetic impacts compared to the proposed Project. Under Alternative 2, construction of the smaller hotel would result in a shorter construction schedule, fewer ground -disturbing activities and less construction equipment on site. Construction -related emissions from Alternative 2 would have fewer air quality impacts than the proposed Project. Operation of the smaller hotel would result in less energy usage by the building, fewer vehicle trips generated and reduced area source emissions produced on site, in comparison to the proposed Project. Therefore, implementation of Alternative 2 would have fewer air quality impacts than the proposed Project. Under Alternative 2, a similar area would be disturbed as the proposed Project, and thus, ground disturbing impacts to below ground cultural resources would be similar. The reduced building height under Alternative 2 would not impact cultural resources. However, the development envelope of Alternative 2 would be smaller, thus potential impacts to nearby potential historic structures would be reduced. Therefore, implementation of Alternative 2 would have fewer cultural resources impacts than the proposed Project. Under Alternative 2, the smaller hotel with a reduced building height would be developed with the same California Building Code guidelines and standards as the proposed Project, resulting in the same structural -related and geologic -hazard impacts as the proposed Project. Under Alternative 2, construction and operation of the smaller hotel would result in fewer amounts of hazardous materials that would be used, transported, stored and disposed in comparison to the proposed Project. However, the hotel developed under Alternative 2 would similarly be required to comply with all relevant permits and plans that address and limit the potential release of hazardous materials during construction and operation of the proposed Project. Therefore, Alternative 2 would result in similar, but slightly reduced, hazard -related impacts as the proposed Project. Similar to the proposed Project, Alternative 2 would increase impervious surfaces on the Project site. The smaller hotel under Alternative 2 would likewise be required to adopt a water quality management plan and best management practices to ensure that construction and operation of the hotel do not result in significant impacts to hydrology and water quality. The Project under Alternative 2 would require the same drainage A-38 modifications as the proposed Project. Alternative 2 would result in similar effects on hydrology and water quality as the proposed Project. Under Alternative 2, the smaller hotel would be developed on the current Specific Plan land use designation DTC zoning district and no OTSP amendment would be required, resulting in no land use impacts. According to the Specific Plan guidelines, a hotel under four stories is permitted in the DTC zoning district. The smaller hotel would be required to comply with the land use and urban development standards specified for the DTC and DTC/HO zoning districts, similar to the proposed Project. Therefore, Alternative 2 would result in similar land use impacts as the proposed Project. Like the proposed Project, Alternative 2 would increase ambient noise levels and would introduce a new source of noise at the Project site. Construction -related traffic would increase for both the proposed Project and Alternative 2. Traffic -related noise would also increase as a result of both this alternative and the proposed Project. Alternative 2 would generate less daily trips than the proposed Project. However, Alternative 2 would also have a significant and unavoidable temporary construction noise impact on the nearby sensitive receptors to the Project site. Under Alternative 2, the three-story hotel would have approximately 90 rooms, resulting in a total of approximately 735 daily trips, which is 499 daily trips less than the proposed Project's estimated 1,234 daily trips. Therefore, Alternative 2 would decrease the amount of vehicles in the surrounding circulation system and result in fewer impacts related to traffic and circulation compared to the proposed Project. The proposed Project would result in an increase in the demand for water, wastewater services, and solid waste disposal. Under Alternative 2, the Project site would be developed with a smaller hotel use and which would also increase the demand for water, wastewater, or solid waste services over existing conditions. However, because the hotel would be reduced in size and accommodate fewer guests under Alternative 2, there would be less water consumed and less wastewater generated than the proposed Project. Thus, implementation of Alternative 2 would result in fewer impacts related to utilities and service systems compared to the proposed Project. Overall, Alternative 2 would result in similar or reduced impacts in all environmental resource areas as compared to the proposed Project. Thus, Alternative 2 would overall result in lesser environment impacts. Alternative 2 would partially accomplish the objectives set forth by the Project. It would provide an upscale lodging facility, additional conference room facilities, and be aesthetically compatible within Old Town Temecula. However, Alternative 2 would provide only 90 lodging rooms, as compared to the 151 lodging rooms in the proposed Project. Because Alternative 2 would provide 61 fewer lodging rooms, it would not service the anticipated demand for lodging facilities for residents and tourists in the Old Town area and would not fulfill the DTC/HO designation's purpose of allowing a greater number of rooms to serve lodging needs. Thus, the City Council finds that Alternative 2 would not fully meet any of the Project Objectives. A-39 The City Council hereby finds that each of the reasons set forth above would be an independent ground for rejecting Alternative 2, and by itself, independent of any other reason, would justify rejection of Alternative 2. C. ALTERNATIVE 3—REDUCED DEVELOPMENT ALTERNATIVE 1. Summary of Alternative Under this alternative, a mixed-use commercial retail and residential development would be developed on the Project site, currently designated as DTC zoning district according to the Specific Plan. This alternative would not involve the development of a hotel and would not provide conference facilities and banquet rooms, as is provided by the proposed Project. The Project would not require a Specific Plan Amendment for rezoning. The Old Town Specific Plan Land Use and Urban Development standards permit the use of commercial retail and residential uses in the DTC zoning district. However, only attached and non -ground floor residential uses permitted in the DTC area along Old Town Front Street and Main Street. Alternative 3 would develop approximately 61,000 square feet of commercial uses and approximately 123,000 square feet of residential uses, consisting of 120 residential units. 2. Reason for Rejecting Alternative Under Alternative 3, the site would be developed with a mixed-use commercial and residential development with a four-story, 50 feet maximum height. Impacts to scenic vistas and scenic resources would be similar to the proposed Project, since development of the mixed-use building would also partially block views of the western viewshed from certain viewpoints. In addition, the development under Alternative 3 would also be required to comply with the DTC design guidelines and standards because these guidelines and standards apply to all buildings within the DTC or DTC/HO zoning districts. Therefore, the Alternative 3 development would be designed with architectural elements that are consistent with the Old Town Specific Plan guidelines and would be fitting with the visual character of its surroundings. Thus, implementation of Alternative 3 would result in similar aesthetic impacts compared to the proposed Project. Under Alternative 3, there would be a similar amount of construction -related emissions to the proposed Project due to comparable ground -disturbing activities, amount of construction equipment, and size of building footprint. Therefore, construction -related emissions from Alternative 3 would have similar air quality impacts than the proposed Project. Operation of the mixed-use commercial and residential development, however, would result in higher intensity energy usage by the building, greater vehicle trips generated and increased area source emissions produced on site in comparison to the proposed Project due to the permanent residency within the residential units. Therefore, implementation of Alternative 3 would have greater air quality impacts from operational emissions than the proposed Project. A-40 Under Alternative 3, a similar area would be disturbed as the proposed Project, and thus, impacts to below surface cultural resources would be similar. The development envelope of Alternative 3 would also be similar, thus potential impacts to nearby potential historic structures would be reduced. Therefore, implementation of Alternative 3 would have similar cultural resources impacts than the proposed Project. Under Alternative 3, the mixed-use development would also be developed with the same California Building Code guidelines and standards as the proposed Project, resulting in the same structural -related and geologic -hazard impacts as the proposed Project. Under Alternative 3, construction and operation of a mixed-use Project would result in similar amounts of hazardous materials that would be used, transported, stored and disposed in comparison to the proposed Project. In addition, the development under Alternative 3 would similarly be required to comply with all relevant permits and plans that address and limit the potential release of hazardous materials during construction and operation of the proposed Project. Therefore, Alternative 3 would result in similar hazard -related impacts as the proposed Project. Similar to the proposed Project, Alternative 3 would also increase impervious surfaces on the Project site. The mixed-use development under Alternative 3 would likewise be required to adopt a water quality management plan and best management practices to ensure that the construction and operation of the development does not result in significant impacts to hydrology and water quality. Alternative 3 would result in similar effects on hydrology and water quality as the proposed Project. Under Alternative 3, the site would be developed with a mixed-use development and would be developed on the current Specific Plan land use designation DTC zoning district. According to the Specific Plan guidelines, commercial and residential uses under four stories are permitted in the DTC zoning district. The development would be required to comply with the land use and development standards specified for the DTC and DTC/HO zoning districts, similar to the proposed Project. Additionally, development of Alternative 3 would not require a Specific Plan Amendment. Therefore, Alternative 3 would result in reduced land use impacts as the proposed Project. Like the proposed Project, Alternative 3 would increase ambient noise levels and would introduce a new source of noise at the Project site. Construction -related traffic would increase in the Project area for both the proposed Project and Alternative 3. Similar to the proposed Project, Alternative 3 would also have a significant and unavoidable temporary construction noise impact. Similarly, traffic -related noise would also increase as a result of this alternative; however, traffic would increase more with Alternative 3 than the proposed Project. Overall, Alternative 3 would result in greater noise impacts than the proposed Project. The proposed Project would result in an increase in traffic congestion at nearby intersections and would generate 1,234 daily trips. With Alternative 3, the amount of trips generated from the commercial and residential uses would be increased to 3,427 A-41 daily trips, resulting in greater impacts to traffic and circulation than the proposed Project. The proposed Project would result in an increase in the demand for water, wastewater services, and solid waste disposal compared to the existing non -operational uses at the site. The proposed Project would also result in approximately 3.8 million gallons per year (MGY) of water consumed and produce approximately 82.7 tons of waste per year. Under Alternative 3, the Project site would be developed with mixed use, commercial and residential uses, which would also increase the demand for water, wastewater, or solid waste services over existing conditions. Implementation of Alternative 3 would result in approximately 20.1 MGY of water consumed and produce approximately 119.9 tons of solid waste per year. Thus, implementation of Alternative 3 would result in greater impacts related to utilities and service systems compared to the proposed Project. Overall, Alternative 3 would result in similar or reduced impacts to aesthetics, cultural resources, geology and soils, hazardous materials, hydrology and land use in comparison to the Project. However, Alternative 3 would result in increased impacts to air quality, noise, traffic and circulation, and utilities in comparison to the Project. Thus, Alternative 3 would result in greater environment impacts and it is considered not the environmentally superior alternative. In addition, Alternative 3 would not accomplish all of the Project Objectives. Although Alternative 3 would develop an aesthetically compatible mixed-use development in Old Town Temecula, it would not provide an upscale lodging facility or additional conference room facilities in Old Town Temecula. Thus, the City Council finds that Alternative 3 would not fully achieve the benefits of the Project Objectives and does not avoid the Project's significant environmental impacts. The City Council hereby finds that each of the reasons set forth above would be an independent ground for rejecting Alternative 3, and by itself, independent of any other reason, would justify rejection of Alternative 3. A-42 EXHIBIT B Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM Verification of Compliance N m E N d (0 0 76 a7 0! = C () •c U c o c o 0. C 0) a) 0 < Ce Mitigation Measures - E (0U m O O C >, d O_ L U U 0)a E c c 0 N CO co Ej• c• co > u0�i) 0 m U m0 O U C a) o ry 0 O O) z'E- o 0 N UHm oO Old Town Specific Plan Program EIR Mitigation Measures 0 U C 2 O u) U ` 0 TA y c ELL) m U m0 a) 7 0) a) 4- 00 a) C L 0) 01-m80 m oa0) • E 0- m U m 0 O 70)„ O • U C a) C O a) L 0) >.E. ow 0E- `oO m U m0 7 0) 1 O -s- 0 c a) c O a) O Y 0) i,'E—os2 (51205-6 m U m0 O 7 0) - a) .- U c a) C O a) -- L 0) E. o•( 0 H m .- 0 0 To U m0 a) - 0 c a) c O O --y O) E o cu 5-- 1 m `o o m oa0) • m 0 1- m 0 aa)) w 4E) 0 F- Pre -Construction Pre -Construction (0 o m > E UH c 0 U 2 in O in 0 d - • m 0) N >,E N L O a - O) O O N C -o 0) a 0 c c c U m - m O = 0) 0) L a) c = 0 �-, m 0 O (1) L U C▪ U Q_ a .L O 7 Y a)a°o O O U 2020 (1) �? CE - O 0 co = U I0 L m = O) No<c N U).N O O E a N L E U 4)) OmO N N L c 01 N M8 s c = L O M a •c _ a) a 7• U 3 7 N N y2NEvi • m rn ▪ O _ a ui 111 O co c co 'E0 a f0 a) cm00) C • C O m a m O m a)) Y '1 c° 7 O L c 0),0) O c = = co d L U 2 NN c c o d o cu ci) CD 0) CO Lm c E CIS7 D a M m N co U • = co N l5 O U 4) i a O O O E 0 N 0 C t�oa a E N m •N c a m 0) •C 0)cE C 0) o �L > CO F- O CD. E .0 0 N 7 a) c a• N E O O mF-cco L 0) N o E c U 0 -C 70 aw N 7 m m a).0▪ L ▪ 7 .L M> N a0) 7 O c m M O N TO 0'a aa C • O C 0' 2 0) aa - C O *62 —c, O • CD rnal •- C C N m W-- 0.Z02 2-0:c72 O L N a O _cm co_c= C co o CO a C a?ym O 0 C 0_ -c Ea 03E0= O m a) = >+.-• m 2g; 0.-0 y L Nm > m U `) > aa)) o06> 0 C m L '� 0 F_ O m N O` cicu ✓ w N cU a) m- L N 7 a) Cco N J a) c a) O O 2 a) U O O. MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED) Mitigation Monitoring and Reporting Program Verification of Compliance 0 Y m E N C3 • C c C C O . Ca CO Q E C o V • c T 0 'C U • o c o 0o. O < CDM ation Measures 0 0 f8 • E UH > C > 2 m U (a O.co a C > m-0'�L N O N Uw U O E E a) .mow U H am>v)0 m oa0) >.E UH c O U 0 U 0 0 o ` O N Ti) 0 O � 0 n' :0o dUd c O 0 O • O u • N 0 O O U u)U • cin Q 011 CD CD . ..� a) 0. a N ccoo V ` N U m a t 7an - 7 O N <o N c 9TO 0. - a)« • 0• Ea) c) 0.)) 0 am CD i E c O C m O U m c w 2 a d'Ts ▪ C N cOm 0)m a0i Ea. m (1)� °• 2 2 N oo - -,73.u) E rn 3 O C 0 -0 O 0' C a) N U Na).0 U L C . - N 7 N rL).TEC O , . >CO G) ri t o. O) 4 O c L N U a o c 0 0 0a) cCD 0 •17.,M7(0 aa)). Project -specific Mitigation Measures Y N • O C C Y co 7a. .Z_' 3 m u) m L m o U 2 a) CT a_ C C L O O) C C 0 E C 7 a) 27 (n d .0. .3 0 a) u) c c O U N 7 0 7 N H a cO C _@ L .1- m m a: a C 'E C C O_ a O O U m N - > - co V) C C _ fn a) a) a) - O fo "a) m.-Cg.L a) a) m •C p O) w o-c -° N ._ L- U _c c CL - r0 ca" u).ca)o aa)) E00 cEo` o c �v 0 c a� u) rno 0 o u'� o c 0 oLw L N a) E 'C L p d p m �p 9) O) Ci `n a) w 9 1-0 .0 O C a E Lam `) �- c C) CO N'2 7 m fi NU O)OCD .S � o 0 a? coi c _.-Ca�i d 0C 7 r tj C •- L O L 7 O C 7 T a) o rn Xw rnUC C 0 0 CL o fOaA 0 f6 m = 3 w a) Cam n m'n CO— :9 a? a) 0.�� m m u' o° L E 0 C c m E c ion m y m m.N m �Y g)0 yL w E as li- c c° ��.CO_0 o E 0 c 0 7 p Y y O a=,- Waw (nL En 0.`- (0 00 Na0 .~0m «.>o Q O rn C u) 0) c a ciu O N c rn 7 Or CD2 �•> C a) ▪ C a) a) 0 p >. N U C N w U a u) W - « = ,,c- vl = rn . = 7 . m a) C) p =a, N N L ,� 0 u) •v) 0) N "O N N U v as C E U> cX• C p .. m 6-•-E U p 0 0 C a) c C co O C O u) 0 p N 7 a) .0 y In O (C� 2 y C "0 C N 0 p) >. C E E C '� 2 0) p p U C CO a) CO O 0 'U .) CO a) c U 07- L C x • a 01 N U O u) N rn C • mw CI)Camoa) mL m CO 0 C E CA m e CO 3 _p)co 0 U.0� O E 0 0 -0 0°7 0 p L ° 0>o a) > V) a a) Q) m 4, 0 E a L j c -c 'E a L C O) 7 0 _c 73 L o) O E L w m a0 0 H 0 m H'-rn 1-. = m> H m m H a. H c a) E o) a E - 0 a) 23aw ation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED) Verification of Compliance O) C01 c c o cc E c o _V SI en d N'C U c o c Q C M Q m E o 0 y 0) L w Q W 0) 0 w 8 W ca 2 Mitigation Measures m a) 7 a co C) C L -a L OL' 0 t Ov) ON co O z.,— C .>_ 0 N 000= 70. L o w (c0 a__ N coL L.0 N N c in 2 cc a)E CO g° 3 u, O o v f') C aa N ) a) _ T -. > C O C 0 7° a N O �O -O N co -a 0 w 0 a C 0— w c/l U CO v) L 0 =p -C cv U N cv v, c— > a E a)� c9 CL E O L O C A _En uJ 7 C — 4 g N U 0 C O N O (v o� 0 m l a) o _CI a) 0 3 a) c°-En0 i MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED) Verification of Compliance ur E O 0) 0 c C 0 < a E 00 C! T CA 1- 0 C _0 C 0 0. C C) a) 2 0 c E(3 d oQ c W C) C O N 'C L O a - z z igation Measures a T E c mU m 0 m c > 7 d O d U 0 0 m C a) U O E U > NI N m O C 0 C L C a) a (f) Tu • 0 Q V7. N 0) O 2 7 D 0) Discontinue construction during second stage smog alerts. • U CO 0 a) 7 0) a) w U) C C o a -20) >E —o•N U H m o 8 0m w m UH 0 (0 U co O m 7 0) a) o-- 0 0 0) C 0 0)--L 0) _T E. o'(n UHm `o0 m 0E 0) 00) UI - N a) fn 4) � E m c O (n E ,> m E CE. a O co U O 7 nco m w 0 u) O a) 5 a L. U a) a) as C O CO 7 O C 3 7 U V 7 U) L c' c 0.0 m 0 0= O y n U m0) a aO N O O ` a)NOC LOa O)-' a) E `c L .EO 0)) 1 a) m,t L O)O U 0 O C O C u) O a) 8 O . O a uO) ui '� • d a) m co O = C L a i.7 co V a.tA N a) CD > (0u� m._ Cs1 4- Q �"` a) C (0 O (n y O L' a) E c iI4 • • a) y O n m C O 0 u) 0) m a`) U a C 0 0) > 0 a) 0) 0 co N C m c Q O E C 0 O . Wash off trucks leaving the site. . U .0 E o aE o .E .. cn ._ a) a� Ew o ma O C ma o0 E 0 O N0 on aaa)`o COa) m > y - 8 C a) a) a c' o aa)) cn CO To a) flh r O N m o a N 7 m L 7L L m • O 0) u) a) 0 O a E a) C m 0) (0 (I) a) O a O m aa) E O cp > 3 C O U 0) O C O O o n u) O) ESA/ 160579 MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED) Mitigation Measures Responsible Monitoring Enforcement Monitoring Phase Agency Agency Mitigation Monitoring and Reporting Program Action Indicating Compliance Verification of Compliance Initials Date Remarks Measure 3.2-2e: Prior to issuance of grading permits, the applicant shall be responsible for assuring that construction vehicles are equipped with proper emission control equipment to substantially reduce emissions. Pre -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 Measure 3.2-2f: Prior to issuance of grading permits, the applicant shall be responsible for the incorporation of measures to reduce construction- related traffic congestion into the project grading permit. Measures, subject to the approval and verification by the Public Works Department, shall include, as appropriate: • Provision of rideshare incentives. • Provision of transit incentives for construction personnel. • Configuration of construction parking to minimize traffic interference. • Measures to minimize obstruction of through traffic lanes. • Use of a flagman to guide traffic when deemed necessary. Pre -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 Measure 3.2-2g: Prior to the building/construction operations, applicant and individual contractors shall commit in writing to the following: • Scheduling receipt of construction materials outside of the peak travel period hours (i.e., 7:30 — 8:30 AM and 4:00 — 6:00 PM); • Routing construction traffic through areas of least impact sensitivity; and • Limiting lane closures and detours to off-peak travel periods. 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 Where Feasible: Measure 3.2-3a: Construct on-site or off-site bus turnouts, passenger benches, and shelters. 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 Measure 3.2-3b: Provide shuttles to major rail transit centers of multi- modal stations. 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 Truax Hotel Project MMRP 5 ESA/160579 August 2017 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED) Mitigation Measures Monitoring Phase Enforcement Agency Responsible Monitoring Agency Action Indicating Compliance Verification of Compliance Initials Date Remarks Measure 3.2-3c: Contribute to regional transit systems (e.g., right-of-way, capital improvements, etc.). 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 Measure 3.2-3d: Synchronize traffic lights on streets impacted by development. Pre -Construction / Construction Measure 3.2-3e: Set up resident worker training programs to improve job/housing balance. Project -specific Mitigation Measures 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 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 -AIR -1: All off-road construction equipment with a horsepower (HP) greater than 50 shall be required to have USEPA certified Tier 4 interim engines or engines that are certified to meet or exceed the emission ratings for USEPA Tier 4 engines. A copy of each unit's certified tier specification or model year specification shall be available upon request at the time of mobilization of each applicable unit of equipment. 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 -AIR -2: During earthmoving and construction phases, use water trucks to spray unpaved roads and exposed soils on the project site at least four times per day to keep all areas where vehicles move damp enough to prevent dust raised when leaving the site. In addition, require all vehicles and off-road equipment to limit maximum speed on unpaved roads within the project site to 15 miles per hour. 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 Truax Hotel Project 6 ESA / 160579 MMRP August 2017 Mitigation Measures MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED) Mitigation Monitoring and Reporting Program Responsible Action Verification of Compliance Monitoring Enforcement Monitoring Indicating Phase Agency Agency Compliance Initials Date Remarks Cultural Resources Old Town Specific Plan Program EIR Mitigation Measures Mitigation Measure 3.4-1a: Consistent with the City of Temecula's Pre -Construction City of City of Issuance of General Plan Goal 6 and Implementation Procedure OS -26 and OS -39, the Temecula Temecula Grading Permit Specific Plan Amendment shall include a new policy which requires that all qualified and field areas slated for development or other ground -disturbing activities shall be subject to a Phase I survey (including records search and archaeological survey) for archaeological resources on a project -specific basis prior to the Archaeologist verification and sign -off by City of Temecula City's approval of project plans. The survey shall be carried out by a qualified archaeologist in consultation with local Native American groups. If potentially significant archaeological resources are encountered during the survey, the City shall require that the resources are evaluated for their eligibility for listing on the National Register or California Register, and that recommendations are made for treatment of these resources if found to be significant, in consultation with the appropriate Native American groups. Any identified resources shall be avoided if feasible. Ground -disturbing activity in areas determined to be sensitive for cultural resources shall be monitored by a qualified archaeologist and Native American representative. Mitigation Measure 3.4-1 b: Consistent with the City of Temecula's Pre -Construction City of City of Issuance of General Plan Goal 6 and Implementation Procedure OS -26 and OS -39, the Temecula Temecula Grading Permit Specific Plan Amendment shall include a new policy which states that qualified and field during construction, should prehistoric or historic subsurface cultural resources be discovered, all activity in the vicinity of the find shall stop and a qualified archaeologist will be contacted to assess the significance of the find according to CEQA Guidelines Section 15064.5. If any find is determined to be significant, the City and the archaeologist will determine, in consultation with local Native American groups, appropriate avoidance measures or other appropriate mitigation. All significant cultural materials recovered will be, as necessary and at the discretion of the consulting archaeologist and in consultation with local Native American groups, subject to scientific analysis, professional museum curation, and documentation according to current professional standards. Archaeologist verification and sign -off by City of Temecula Mitigation Measure 3.4-2a: Consistent with the City of Temecula's Pre -Construction City of City of Issuance of General Plan Goal 6 and Implementation Procedure OS -2, the Specific Temecula Temecula Grading Permit Plan Amendment shall include a new policy which states that all areas qualified and field slated for development or other ground -disturbing activities in the Specific Plan Area which contain structures 50 years old or older be surveyed and 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 Archaeologist verification and sign -off by City of Temecula Architectural History. If potentially significant resources are encountered Truax Hotel Project MMRP 7 ESA / 160579 August 2017 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED) Mitigation Measures Responsible Monitoring Enforcement Monitoring Phase Agency Agency Action Indicating Compliance Verification of Compliance Initials Date Remarks 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 prepare a treatment plan to include, but not limited to, photo -documentation and public interpretation of the resource. Mitigation Measure 3.4-4a: Consistent with State law, CEQA Guidelines, and the City of Temecula's General Plan Goal 6 and Implementation Construction City of Temecula City of Temecula Issuance of Grading Permit Procedure OS -26 and OS -39, the Specific Plan Amendment shall include a qualified and field new policy which states that if human skeletal remains are uncovered during project construction, work in the vicinity of the find shall cease and the Riverside County coroner will be contacted to evaluate the remains, following the procedures and protocols set forth in Section 15064.5 (e)(1) of the CEQA Guidelines. If the County coroner determines that tl-te remains are Native American, he or she will contact the Native American Heritage Archaeologist verification and sign -off by City of Temecula 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 identify the person(s) thought to be the Most Likely Descendent of the deceased Native American, who will then help determine what course of action should be taken in dealing with the remains. Per Public Resources Code 5097.98, the landowner shall ensure that the immediate vicinity, according to generally accepted cultural or archaeological standards or practices, where the Native American human remains are located, is not damaged or disturbed by further development activity until the landowner has discussed and conferred, as prescribed in this section (PRC 5097.98), with the most likely descendants regarding their recommendations, if applicable, taking into account the possibility of multiple human remains. Mitigation Measure 3.4-5a: The Specific Plan Amendment shall include a Construction City of City of Issuance of new policy which states that in the event that paleontological resources are Temecula Temecula Grading Permit discovered, the project proponent will notify a qualified paleontologist. The qualified and field 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 Paleontologist verification and sign -off by City of Temecula Vertebrate Paleontology standards (Society of Vertebrate Paleontology, 1995)). The paleontologist will notify the appropriate agencies to determine procedures that would be followed before construction is allowed to resume at the location of the find. If the City determines that avoidance is not feasible, the paleontologist will prepare an excavation plan for mitigating Truax Hotel Project MMRP 8 ESA / 160579 August 2017 Mitigation Measures MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED) Monitoring Phase Enforcement Agency Responsible Monitoring Agency Action Indicating Compliance Mitigation Monitoring and Reporting Program Verification of Compliance Initials Date Remarks the effect of the project on the qualifies that make the resource important. The plan will be submitted to the City for review and approval prior to implementation. Project -specific Mitigation Measures Mitigation Measure MM -CUL -1: Prior to issuance of a grading permit and prior to the start of any ground -disturbing activity, the applicant shall retain a qualified archaeologist, defined as an archeologist meeting the Secretary of the Interior's Professional Qualification Standards for archeology (U.S. Department of Interior 2012) and as approved by the City of Temecula, to provide archeological expertise in carrying out all mitigation measures related to archeological resources (Mitigation Measures CUL -2 and -3). Pre -Construction City of Temecula City of Temecula qualified Archaeologist Issuance of Grading Permit and field verification and sign -off by City of Temecula Mitigation Measure MM -CUL -2: Prior to the start of ground -disturbing activities, the qualified archaeologist shall designate an archaeological monitor to observe ground -disturbing activities, including but not limited to brush clearance and grubbing, grading, trenching, excavation, and the construction of fencing and access roads, in consultation with the Pechanga monitor. If ground -disturbing activities occur simultaneously in two or more areas located more than 500 feet apart, additional archaeological monitors may be required. The archaeological monitor shall keep daily logs. After monitoring has been completed, the qualified archaeologist shall prepare a monitoring report that details the results of monitoring activities, which shall be submitted to the City, Pechanga Tribe, and to the EIC at the University California, Riverside. Mitigation Measure MM -CUL -3: At least 30 days prior to issuance of a grading permit and prior to the start of any ground -disturbing activity, the project Applicant shall contact the Pechanga Tribe to notify the Tribe of grading, excavation and the monitoring program, and to coordinate with the Tribe to develop and enter into a Cultural Resources Treatment and Monitoring Agreement (Agreement). The Agreement will address the treatment of known cultural resources; appropriate treatment and procedure for inadvertent discoveries; the designation, responsibilities, and participation of Native American Tribal monitors during grading, excavation and ground disturbing activities; project grading and development scheduling; terms of compensation for the monitors; and treatment and final disposition of any cultural resources, sacred sites, and human remains discovered on the site. The Pechanga Tribal monitor shall monitor all ground -disturbing activities including, but not limited to, brush clearance and grubbing, grading, trenching, excavation, and the construction of fencing, as specified in the Agreement, and in consultation with the project archeologist. If ground - disturbing activities occur simultaneously in two or more locations, Pre -Construction City of Temecula City of Temecula qualified Archaeologist and Pechanga tribal representatives Pre -Construction/ Construction City of Temecula City of Temecula qualified Archaeologist and Pechanga tribal representatives Issuance of Grading Permit; verification by City of Temecula in consultation with Pechanga Tribe Issuance of Grading Permit; verification by City of Temecula in consultation with Pechanga Tribe Truax Hotel Project 9 ESA / 160579 MMRP August 2017 Mitigation Monitoring and Reporting Program Mitigation Measures MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED) Monitoring Phase Enforcement Agency Responsible Monitoring Agency Action Indicating Compliance Verification of Compliance Initials Date Remarks additional Native American monitors may be required. Mitigation Measure MM -CUL -4: If inadvertent discoveries of subsurface cultural resources are discovered during ground -disturbing activities, the project Applicant, the project qualified Archaeologist, and the Pechanga Tribe shall assess the significance of such resources and shall meet and confer regarding the mitigation for such resources. Pursuant to PRC Section 21083.2(b), avoidance is the preferred method of preservation for archaeological resources. If the project Applicant and the Pechanga Tribe cannot agree on the significance or the mitigation for such resources, these issues will be presented to the Planning Director for decision. The Planning Director will make the determination based on the provisions of the California Environmental Quality Act with respect to archaeological resources and will take into account the religious beliefs, customs, and practices of the Pechanga Tribe. Notwithstanding any other rights available under the law, the decision of the Planning Director will be appealable to the City Planning Commission and/or City of Temecula City Council. Construction City of Temecula City of Temecula qualified Archaeologist and Pechanga tribal representatives Mitigation Measure MM -CUL -5: The landowner shall relinquish ownership of all cultural resources, including sacred items, burial goods and all archaeological artifacts that are recovered as a result of project implementation to the Pechanga Tribe for proper treatment and disposition as outlined in the Agreement (Mitigation Measure CUL -3). Construction City of Temecula City of Temecula qualified Archaeologist and Pechanga tribal representatives Mitigation Measure MM -CUL -6: All sacred sites, should they be encountered within the project area, shall be avoided and preserved as the preferred mitigation, if feasible. Pre -Construction/ Construction Mitigation Measure MM -CUL -7: In the event paleontological resources are discovered during project implementation, the project Applicant will notify the City's Planning Director and a qualified paleontologist, defined as one meeting the Society of Vertebrate Paleontology standards (Society of Vertebrate Paleontology, 1995). The paleontologist shall 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 shall be temporarily halted or diverted until the discovery is examined by a qualified paleontologist. The paleontologist shall notify the appropriate agencies to determine procedures that would be followed before construction is allowed to resume at the location of the find. If the City determines that avoidance is not feasible, the paleontologist shall prepare an excavation plan for Truax Hotel Project MMRP Construction City of Temecula City of Temecula Verification by City of Temecula in consultation with Pechanga Tribe Verification by City of Temecula in consultation with Pechanga Tribe City of Temecula qualified Archaeologist City of Temecula Project Approval City of Temecula qualified Paleontologist and City Planning Director 10 Issuance of Grading Permit, review of plans, field verification and sign -off by City of Temecula ESA/160579 August 2017 Mitigation Measures Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED) Monitoring Phase Enforcement Agency Responsible Monitoring Agency Action Indicating Compliance Verification of Compliance Initials Date Remarks mitigating the effect of the project on the qualities that make the resource important. The plan will be submitted to the City for review and approval prior to implementation. Mitigation Measure MM -CUL -8: If human remains are encountered, California Health and Safety Code Section 7050.5 states that no further Construction City of Temecula City of Temecula Verification by City of disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to PRC Section qualified Archaeologist Temecula 5097.98(b), remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the NAHC must be contacted within 24 hours. The NAHC must then immediately identify the Most Likely Descendant (MLD) upon receiving notification of the discovery. The MLD shall then make recommendations within 48 hours and engage in consultation concerning the treatment of the remains as provided in PRC Section 5097.98 and the Agreement described in Mitigation Measure MM -CUL -3. Geology, Soils and Seismicity Old Town Specific Plan Program EIR Mitigation Measures Mitigation Measure 3.5-1: Prior to the issuance of a grading or building permit for individual projects, the project developer shall file a NOI with California to comply with the requirements of the NPDES General Construction Permit (Municipal Code, Chapter 8.24). This would include the preparation of a SWPPP incorporating construction BMPs for control of erosion and sedimentation contained in stormwater runoff. Project -specific Mitigation Measures Pre -Construction/ City of Construction Temecula City of Temecula Building Official or other Designee Mitigation Measure MM-GEO-1: Prior to issuance of a building permit, a final design level geotechnical report shall be prepared by a California registered geotechnical engineer or engineering geologist and submitted to the City in accordance with City, CBC and engineering standards. The final report shall be based on the recommendations contained within the Preliminary Geotechnical report prepared for the project site and include measures to incorporate seismic design measures that meets CBC requirements. The report shall address all geotechnical hazards including seismic design, liquefaction, soil stability, and any other geotechnical hazard identified at the site. Pre -Construction/ Construction City of Temecula Issuance of Grading or Building Permit, review of plans, field verification and sign -off by City of Temecula City of Temecula Building Official or other Designee Issuance of Building Permit and field verification and sign -off by City of Temecula Truax Hotel Project MMRP 11 ESA/ 160579 August 2017 Mitigation Monitoring and Reporting Program Mitigation Measures MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED) Responsible Action Verification of Compliance Monitoring Enforcement Monitoring Indicating Phase Agency Agency Compliance Initials Date Remarks Greenhouse Gas Emissions Old Town Specific Plan Program EIR Mitigation Measures Mitigation Measure 3.3-1: The applicant shall require implementati all feasible energy efficiency and GHG reduction measures, includin not limited to the following measures. (Feasibility of measure will be determined through consultation with the City and applicant.) Energy Efficiency • Design buildings to be energy efficient. • Install efficient lighting and lighting control systems. Use dayligh integral part of lighting systems in buildings. • Install light colored `cool" roofs, cool pavements. • Provide information on energy management services for large e users. • Install energy efficient heating and cooling systems, appliances equipment, and control systems. • Install light emitting diodes (LEDs) for traffic, street and other ou lighting. Water Conservation and Efficiency • Create water -efficient landscapes. • Install water -efficient irrigation systems and devices, such as soi moisture -based irrigation controls. • Design buildings to be water -efficient. Install water -efficient fixtu appliances. • Restrict watering methods (e.g., prohibit systems that apply wat non -vegetated surfaces) and control runoff. • Restrict the use of water for cleaning outdoor surfaces and vehi • Implement low -impact development practices that maintain the e hydrologic character of the site to manage storm water and prote environment. (Retaining storm water runoff on-site can drasticall reduce the need for energy -intensive imported water at the site.) • Devise a comprehensive water conservation strategy appropriate the project and location. The strategy may include many of the s items listed above, plus other innovative measures that are appr to the specific project. • Provide education about water conservation and available progr and incentives. Truax Hotel Project MMRP 12 ESA /160579 August 2017 an of Pre -Construction/ City of City of Issuance of j but as an energy and Construction Temecula Temecula Building Official or other Designee Building Permit and field verification and sign -off by City of Temecula :door I es and it to les. xisting ctthe V ;for oecific opriate ams 12 ESA /160579 August 2017 Mitigation Measures MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED) Monitoring Phase Enforcement Agency Responsible Monitoring Agency Mitigation Monitoring and Reporting Program Action Indicating Compliance Verification of Compliance Initials Date Remarks Solid Waste Measures • Reuse and recycle construction and demolition waste (including, but not limited to, soil, vegetation, concrete, lumber, metal, and cardboard). • Provide interior and exterior storage areas for recyclables and green waste and adequate recycling containers located in public areas. Land Use Measures • Include mixed-use, infill, and higher density in development projects to support the reduction of vehicle trips, promote alternatives to individual vehicle travel, and promote efficient delivery of services and goods. Transportation and Motor Vehicles • Limit idling time for commercial vehicles, including delivery and construction vehicles. • Use low or zero -emission vehicles, including construction vehicles. Hazards and Hazardous Materials Project -specific Mitigation Measures Mitigation Measure MM-HAZ-1: As a condition of approval for a grading permit, the use of construction best management practices (BMPs) shall be implemented as part of construction to minimize the potential negative effects of accidental release of hazardous materials to groundwater and soils. These shall include the following: • Follow manufacturer's recommendations on use, storage and disposal of chemical products used in construction; • Avoid overtopping construction equipment fuel gas tanks; • During routine maintenance of construction equipment, properly contain and remove grease and oils; and • Properly dispose of discarded containers of fuels and other chemicals in accordance with manufacturer's specifications and local and state regulations. All the BMPs shall be in accordance with the most recent version of the California Stormwater Quality Association (CASQA) BMP Handbook for construction and included in contract specifications. 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 Truax Hotel Project MMRP 13 ESA / 160579 August 2017 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED) Mitigation Measures Monitoring Phase Enforcement Agency Responsible Monitoring Agency Action Indicating Compliance Verification of Compliance Initials Date Remarks Hydrology and Water Quality Old Town Specific Plan Program EIR Mitigation Measures Mitigation Measure 3.5-1: Prior to the issuance of a grading or building permit for individual projects, the project developer shall file a NOI with California to comply with the requirements of the NPDES General Construction Permit (Municipal Code, Chapter 8.24). This would include the preparation of a SWPPP incorporating construction BMPs for control of erosion and sedimentation contained in stormwater runoff. Project -specific Mitigation Measures Pre -Construction/ Construction City of Temecula City of Temecula Building Official or other Designee Mitigation Measure MM -HYD -1: As a condition of approval, the proposed project shall be required to implement the 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 final project designs implement specific water quality features to meet the City's MS4 Permit and Stormwater Ordinance requirements. The WQMP shall be reviewed and approved by the City of Temecula prior to the issuance of a building or grading permit. Pre -Construction / Construction/ Post -Construction Mitigation Measure MM -HYD -2: Prior to issuance of a grading permit, a final drainage study shall be prepared by a registered civil engineer and submitted to Public Works with the initial grading plan check in accordance with City, Riverside County and engineering standards. The final study shall identify storm water runoff quantities (to mitigate the 100 -year storm event) from the development of this site and upstream of the site, and shall identify all existing or proposed drainage facilities intended to discharge this runoff. Runoff shall be conveyed to an adequate outfall capable of receiving the storm water runoff without damage to public or private property; the final study shall include a capacity analysis verifying the adequacy of all facilities. If the receiving facilities are determined to be under capacity, then other improvements to existing or proposed drainage facilities shall be incorporated into the final design in accordance with Public Works requirements. City of Temecula Issuance of Grading Permit and field verification and sign -off by City of Temecula City of Temecula Building Official or other Designee Issuance of Building or Grading Permit, review of plans, field verification and sign -off by City of Temecula Pre -Construction / Construction/ Post -Construction City of Temecula City of Temecula Engineer or other Designee Issuance of Grading Permit, review of plans, field verification and sign -off by City of Temecula Truax Hotel Project MMRP 14 ESA/160579 August 2017 Mitigation Measures MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED) Mitigation Monitoring and Reporting Program Responsible Action Verification of Compliance Monitoring Enforcement Monitoring Indicating - Phase Agency Agency Compliance Initials Date Remarks Noise Old Town Specific Plan Program EIR Mitigation Measures Measure 3.7-1a: The applicant shall ensure, as specified in City of Temecula Ordinance No. 94-25, that no construction may occur within one- quarter (1/4) of a mile of any occupied residence during the following hours: • 6:30 PM to 6:30 AM, Monday through Friday. • Before 7:00 AM or after 6:30 PM, Saturday. • At any time on Sunday or any nationally recognized holiday. 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 Measure 3.7-1b: The applicant shall ensure that all construction equipment will have properly operating mufflers. 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 Measure 3.7-1c: The applicant shall ensure that all construction staging shall be performed as far as possible from occupied dwellings. 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 Measure 3.7-1d: The applicant shall ensure that signs shall be posted at the construction sites that include permitted construction days and hours, and a contact number for the job site. 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 Measure 3.7-2a: The construction contractor will conduct crack surveys before construction activities that could cause architectural damage to nearby structures. The survey will include any historic buildings or buildings in poor condition within 15 feet of construction. The surveys will be done by photographs, video tape, or visual inventory, and will include inside as well as outside locations. All existing cracks in walls, floors, and driveways should be documented with sufficient detail for comparison after construction to determine whether actual vibration damage occurred. A post -construction survey should be conducted to document the condition of the surrounding buildings after the construction is complete. The construction contractor would be liable for construction vibration damage to 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 Truax Hotel Project MMRP 15 ESA / 160579 August2017 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED) Mitigation Measures Responsible Monitoring Enforcement Monitoring Phase Agency Agency Action Indicating Compliance Verification of Compliance Initials Date Remarks adjacent structures. Measure 3.7-3a: Building equipment (e.g., HVAC units) shall be located away from nearby residences, on building rooftops, and properly shielded by either the rooftop parapet or within an enclosure that effectively blocks the line of sight of the source from the nearest receptors. The resultant HVAC noise level shall not exceed 45 dBA at the nearest receptors. Construction 1 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 Measure 3.7-3b: In order to avoid noise -sensitive hours, commercial and retail shall prohibit loading and unloading activities between the nighttime hours of 10:00 PM and 7:00 AM. 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 Measure 3.7-3c: To further address the nuisance impact of loading dock/truck delivery noise, all loading areas for commercial and retail uses shall be located at the rear or sides of buildings within the commercial and mixed-use districts, where noise can be directed away from residential uses within the mixed use areas of the project. 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 Measure 3.7-4: If necessary to comply with the interior noise requirements of the City of Temecula and achieve an acceptable interior noise level, noise reduction in the form of sound -rated assemblies (i.e., windows, exterior doors, and walls) shall be incorporated into project building design, based upon recommendations of a qualified acoustical engineer. Final recommendations for sound -rated assemblies will depend on the specific building designs and layout of buildings on the site and shall be determined during the design phase. Pre- 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 Project -specific Mitigation Measures Mitigation Measure MM -N01-1: The applicant shall ensure: • As specified in City of Temecula Ordinance No. 94-25, that no construction may occur within one-quarter (1/4) of a mile of any occupied residence during the following hours: — 6:30 PM to 6:30 AM, Monday through Friday. — Before 7:00 AM or after 6:30 PM, Saturday. — At any time on Sunday or any nationally recognized holiday. • That all construction equipment will have properly operating mufflers. • That all construction staging shall be performed as far as possible from 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 Truax Hotel Project MMRP 16 ESA / 160579 August 2017 Mitigation Measures MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED) Monitoring Phase Enforcement Agency Responsible Monitoring Agency Mitigation Monitoring and Reporting Program Action Indicating Compliance Verification of Compliance Initials Date Remarks occupied dwellings. • That signs shall be posted at the construction sites that include permitted construction days and hours, and a contact number for the job site. Mitigation Measure MM -N01-2: The construction contractor will conduct crack surveys before construction activities that could cause architectural damage to nearby structures. The survey will include any historic buildings or buildings in poor condition within 15 feet of construction. The surveys will be done by photographs, video tape, or visual inventory, and will include inside as well as outside locations. All existing cracks in walls, floors, and driveways should be documented with sufficient detail for comparison after construction to determine whether actual vibration damage occurred. A post -construction survey should be conducted to document the condition of the surrounding buildings after the construction is complete. The construction contractor would be liable for construction vibration damage to adjacent structures. Pre -Construction/ Construction/ Post -Construction Mitigation Measure MM -N01-3: Implement Temporary Noise Barriers. Implement the field -erected temporary noise barriers including but not limited to sound blankets on existing fences and walls or the use of freestanding portable sound walls, to block the line -of -site between construction equipment and noise -sensitive receptors during project implementation. Noise barriers should be a minimum of 8 -feet -tall and continuous between the source of noise and adjacent or nearby noise - sensitive receptors. Noise barriers are most effective when placed directly adjacent to either the noise source or receptor. Place sound barriers around stationary sources and near windows, where feasible. Barrier construction may include, but not necessarily limited to, using appropriately thick wooden panel walls (at least 1/2 inch thick), as shown in Figure 3.8-1, which are tall enough to block the line -of -sight between the dominant construction noise source(s) and the noise -sensitive receptor. Such barriers can reduce construction noise by 5 to 15 dBA at nearby noise -sensitive receptor locations, depending on barrier height and length, and the distance between the barrier and the noise -producing equipment or activity. Alternately, field -erected noise curtain assemblies could be installed around specific equipment sites or zones of anticipated mobile or stationary activity, resembling the sample shown in Figure 3.8-2. These techniques are most effective and practical when the construction activity noise source is stationary (e.g., auger or drill operation) and the specific source locations of noise emission are near the ground and can be placed as close to the equipment/activity-facing side of the noise barrier as possible. Barrier layout and other implementation details would vary by construction site. Truax Hotel Project MMRP City of Temecula City of Temecula Building Official, construction contractor, or other Designee Construction City of Temecula 17 City of Temecula Building Official or other Designee Issuance of Grading Permit and field verification and sign -off by City of Temecula Issuance of Grading Permit and field verification and sign -off by City of Temecula ESA/ 160579 August 2017 MltigatIon Monitoring and Reporting Program Mitigation Measures MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED) Monitoring Phase Enforcement Agency Responsible Monitoring Agency Action Indicating Compliance Verification of Compliance Initials Date Remarks Mitigation Measure MM -N01-4: • Building equipment (e.g., HVAC units) shall be located away from nearby residences, on building rooftops, and property shielded by either the rooftop parapet or within an enclosure that effectively blocks the line of sight of the source from the nearest receptors. The resultant HVAC noise level shall not exceed 45 dBA at the nearest receptors. • In order to avoid noise -sensitive hours, commercial and retail shall prohibit loading and unloading activities between the nighttime hours of 10:00 PM and 7:00 AM. • To further address the nuisance impact of loading dock/truck delivery noise, all loading areas for commercial and retail uses shall be located at the rear or sides of buildings within the commercial and mixed-use districts, where noise can be directed away from residential uses within the mixed use areas of the project. Post -Construction Mitigation Measure MM -N01-5: If necessary to comply with the interior noise requirements of the City of Temecula and achieve an acceptable interior noise level, noise reduction in the form of sound -rated assemblies (i.e., windows, exterior doors, and walls) shall be incorporated into project building design, based upon recommendations of a qualified acoustical engineer. Final recommendations for sound -rated assemblies will depend on the specific building designs and layout of buildings on the site and shall be determined during the design phase. Traffic and Circulation Old Town Specific Plan Program EIR Mitigation Measures City of Temecula City of Temecula Building Official or other Designee Issuance of Building Permit and field verification and sign -off by City of Temecula Post -Construction Measure 3.9-1: The project applicant shall incorporate the following features into the design of the Specific Plan area: At the intersection of Old Town Front Street and Rancho California Road provide a northbound through/right-turn lane combination with a right -turn overlap. Provide subsequent Traffic Impact Analyses, as development occurs, to determine thresholds for implementation of Roundabouts at the intersections of Old Town Front Street and First Street/Santiago Road/Mercedes Street and Old Town Front Street and Mercedes Street. Provide pedestrian facilities from Old Town Front Street which connect the east and west neighborhood cores with the Old Town Core District. Truax Hotel Project MMRP City of Temecula City of Temecula Building Official or other Designee Issuance of Building Permit and field verification and sign -off by City of Temecula Construction City of Temecula City of Temecula Building Official / Public Works Department or other Designee Issuance of Building Permit and field verification and sign -off by City of Temecula 18 ESA/160579 August 2017 Mitigation Measures MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED) Responsible Monitoring Enforcement Monitoring Phase Agency Agency Mitigation Monitoring and Reporting Program Action Indicating Compliance Verification of Compliance Initials Date Remarks Measure 3.9-2: The project applicant shall incorporate the following Construction City of City of Issuance of features into the design of the Specific Plan area: Temecula Temecula Building Permit At the intersection of Old Town Front Street and Rancho California Road Building Official and field provide a westbound right -turn overlap. / Public Works Department or verification and sign -off by City Provide subsequent Traffic Impact Analyses, as development occurs, to determine thresholds for implementation of Roundabouts at the intersections of Old Town Front Street and First Street/Santiago other Designee of Temecula Road/Mercedes Street and Old Town Front Street and Mercedes Street. Provide pedestrian facilities from Old Town Front Street which connect the east and west neighborhood cores with the Old Town Core District. Project -specific Mitigation Measures Mitigation Measure MM -CUM CIR-1: The project applicant shall Construction/ City of City of Issuance of contribute fair -share funding (2%) towards the optimization of the AM peak Post -Construction Temecula Temecula Grading Permit hour traffic signal coordination timing plan. Since Rancho California Road Engineer or and Issuance of operates an Adaptive Traffic Signal System, the entire corridor will require optimization. other Designee a Certificate of Occupancy Utilities Old Town Specific Plan Program EIR Mitigation Measures Measure 3.8-4: Prior to construction in any undeveloped areas, EMWD shall review the plans for consistency with design criteria. Once approved by the EMWD engineer, the applicant shall pay the required connection fee to EMWD prior to construction of the sewer line. Pre -Construction EMWD EMWD Engineer or other Designee Issuance of Grading Permit and verification and sign -off by City of Temecula Measure 3.8-5: Prior to construction, the project applicant and/or each subsequent project applicant will pay its fair share in mitigation fees to EMWD to upgrade the First Street and the Pujol Street sewer lines. Pre -Construction EMWD EMWD Engineer or other Designee Issuance of Grading Permit and verification and sign -off by City of Temecula Measure 3.8-6: All proposed development plans shall designate adequate and convenient space on the property to be used for collecting all recyclable materials generated on the premises. Truax Hotel Project MMRP Pre -Construction EMWD EMWD Engineer or other Designee Issuance of Grading Permit and verification and sign -off by City of Temecula 19 ESA / 160579 August2017 EXHIBIT C STATEMENT OF OVERRIDING CONSIDERATIONS The following Statement of Overriding Considerations is made in connection with the proposed approval of the Truax Hotel Development (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 effects when determining whether to approve a project. If the benefits of the project outweigh the unavoidable adverse effects, those effects may be considered acceptable. CEQA requires the agency to provide written findings supporting the specific reasons for considering a project acceptable when significant impacts are unavoidable. Such reasons must be based on substantial evidence in the EIR or elsewhere in the administrative record. The reasons for proceeding with this Project despite the adverse environmental impacts that may result are provided in this Statement of Overriding Considerations. The City Council finds that 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 impacts, or they do not provide the benefits of the Project, or are otherwise socially or economically infeasible as fully described in the Findings and Facts in Support of Findings. The City Council finds that the economic, social and other benefits of the Project outweigh the significant and unavoidable impacts in the areas of Noise and Vibration and Greenhouse Gas Emissions. In making this finding, the City Council has balanced the benefits of the Project against its unavoidable impacts. The City Council finds that each one of the following benefits of the Project independently warrant approval of the Project notwithstanding the unavoidable environmental impacts of the Project. Each of the following benefits, standing alone, is sufficient justification for the City Council to override these unavoidable environmental impacts. A. Hotels were identified as a desirable use for Old Town during the Old Town Specific Plan visioning process (Land Use/Economic Policy 9 — Old Town Specific Plan). As a result, the Old Town Specific Plan provided for the Downtown Core/Hotel Overlay district with the intent to encourage the development of a full service hotel with conference facilities, restaurant and other guest services. The Project is a full service hotel with conference facilities, restaurant, valet parking, gym, and pool. B. The Project is anticipated to stimulate continued development growth within Old Town. Land Use/Economics Objective 5 of the Old Town Specific Plan seeks to establish Old Town as a "24 hour" destination. The overnight guests are anticipated to contribute to the overall Old Town economy during their stay by shopping in local stores and eating at local restaurants. C. Temecula Valley visitor volume has consistently increased, which has increased demand for additional hotel rooms within Temecula. The Project will help satisfy this growing demand by creating 151 new hotel rooms as part of a full-service hotel. PC RESOLUTION NO.17-32 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SPECIFIC PLAN NO. 5 (OLD TOWN) TO RELOCATE A PORTION OF THE EXISTING HOTEL OVERLAY FOR THE TRUAX HOTEL PROJECT, CONSISTING OF APPROXIMATELY 1.48 ACRES GENERALLY LOCATED ON THE SOUTH SIDE OF 3RD STREET BETWEEN OLD TOWN FRONT STREET AND MERCEDES STREET AND TAKE ACTIONS RELATED THERETO (APNS 922-043-002, 922-043-004, 922-043-018, 922-043-024, 922-043-003, 922-043-015, 922-043-023, AND 922-043-025) (PA17-0109) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On February 22, 2016, Chris Campbell of Walter R. Allen Architect + Associates filed Planning Application No. PA16-0270, a Development Plan. On January 23, 2017, Gary Thornhill, on behalf of the Truax Group submitted Planning Application No. PA17-0109, a Specific Plan Amendment. On June 30, 2017, Ross Jackson, on behalf of the Truax Group, submitted Planning Application PA17-1020, a Minor Exception. These applications (collectively "Project") were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. Collectively, the Project consists of a relocation of a portion of the existing Hotel Overlay contained within the Old Town Specific Plan to allow for the development of a full service hotel. The Project also includes a Minor Exception to increase the allowable building height of a parking garage that will be constructed across the street from the hotel. 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. D. The Old Town Specific Plan was amended in 2010. An Environmental Impact Report was prepared and certified at a public hearing as part of the amendment process. E. A Subsequent Environmental Impact Report (SEIR), Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations were prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA"). Thereafter, City staff circulated a Notice of Completion indicating the public comment period and intent to adopt the SEIR as required by law. The public comment period commenced via the State Clearinghouse from May 2, 2017 through June 15, 2017. A Notice of Availability was also sent to property owners contiguous to the Project area indicating a review period of May 2, 2017 through June 15, 2017. The Notice of Availability was also printed in the San Diego Union Tribune, a newspaper of general circulation within the City of Temecula. Copies of the documents have been available for public review and inspection at the offices of the Community Development Department, located at City Hall, 41000 Main Street, Temecula, California 92590; the Ronald H. Roberts Temecula Public Library located at 30600 Pauba Road; Temecula Grace Mellman Community Library located 41000 County Center Drive; and the City of Temecula website. F. On August 16, 2017, the Planning Commission considered the Final SEIR, Planning Application Nos. PA17-0109, Specific Plan Amendment; PA17-1020, a Minor Exception; and PA16-0270, Development Plan at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support of or opposition to this matter. G. Following consideration of the entire record of information received at the public hearing, the Planning Commission adopted Resolution No. 17-31 "A RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL CERTIFY THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT, ADOPT ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPT A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPT A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE TRUAX HOTEL PROJECT, CONSISTING OF APPROXIMATELY 2.46 ACRES GENERALLY LOCATED ON THE NORTH AND SOUTH SIDE OF 3RD STREET BETWEEN OLD TOWN FRONT STREET AND MERCEDES STREET (APNS: 922-043-002, 922-043-004, 922-043-018, 922-043-024, 922-043-003, 922-043-015, 922-043-023, 922-043-025, 922-044-017, AND 922-044- 020." Resolution No. 17- and the findings therein are hereby incorporated by this reference as set forth in full. H. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Commission, in recommending approval the Specific Plan Amendment Application No. PA17-0109, hereby finds, determines and declares that: A. The proposed specific plan is consistent with the General Plan and Development Code. Goal 6 of the Economic Development Element of the General Plan is about enhancing local tourism and pursues a comprehensive, recognizable tourist destination, offering a range of attractions throughout and beyond the Planning Area. This is accomplished by Policy 6.4. This policy encourages development of lodging along the freeway which interacts well with the professional office and tourism markets and enhances fiscal viability. The proposed amendment to the Old Town Specific Plan will allow for a portion of the existing Hotel Overlay to be relocated to the project site. Because the relocated section of overlay will be required to adhere to the same development requirements stipulated in the Old Town Specific Plan, General Plan and Development Code, the proposed Specific Plan Amendment is consistent with the Policy 6.4 of the General Plan and the Development Code. B. The proposed specific plan would not be detrimental to the public interest, health, safety, convenience or welfare of the city. The proposed amendment has been reviewed against the requirements of the Municipal Code, Building Code, and Fire Code. These codes contain requirements designed to protect the public interest, health, safety, convenience or welfare of the City. Because the Specific Plan Amendment is consistent with these Codes, the amendment is not anticipated to have a detrimental impact to the public interest, health, safety, convenience or welfare of the City. C. The subject property is physically suitable for the requested land use designations and the anticipated land use developments. The subject property is physically suitable to accept land uses that can take full advantage of the Hotel Overlay's expanded development opportunities. This is because the size of the area that will receive the overlay is large enough to allow for the construction of a full service hotel and parking garage. D. The proposed specific plan shall ensure development of desirable character which will be compatible with existing and proposed development in the surrounding neighborhood. The amendment will allow for the relocation of a portion of the existing Hotel Overlay to move north by approximately 230 feet. This distance will allow for a full service hotel to be located within the same general area of the remaining overlay in the southern portion of the Specific Plan. Therefore, full service hotels of the size allowed by the Hotel Overlay will continue to be concentrated in the southern portion of Old Town and development in this part of Old Town will continue with its originally envisioned character. Other uses that make up this area include mostly restaurants and retail establishments. Section 3. Recommendation. The Planning Commission of the City of Temecula recommends that the City Council adopt a Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SPECIFIC PLAN NO. 5 (OLD TOWN) TO RELOCATE A PORTION OF THE EXISTING HOTEL OVERLAY FOR THE TRUAX HOTEL PROJECT, CONSISTING OF APPROXIMATELY 1.48 ACRES GENERALLY LOCATED ON THE SOUTH SIDE OF 3RD STREET BETWEEN OLD TOWN FRONT STREET AND MERCEDES STREET AND TAKE ACTIONS RELATED THERETO (APN 922-043-002, 922-043-004, 922- 043-018, 922-043-024, 922-043-003, 922-043-015, 922-043-023, AND 922-043-025)" in substantially the same form attached hereto as Exhibit A, and incorporated herein by this reference. Section 4. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 16th day of August, 2017. ATTEST: Luke Watson Secretary [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA )ss John Telesio, Chairperson I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 17-32 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 16th day of August, 2017, by the following vote: AYES: 5 PLANNING COMMISSIONERS: Guerriero, Telesio, Turley-Trejo, Watts, Youmans 0 PLANNING COMMISSIONERS: None 0 PLANNING COMMISSIONERS: None 0 PLANNING COMMISSIONERS: None NOES: ABSENT: ABSTAIN: Luke Watson Secretary EXHIBIT A CITY COUNCIL RESOLUTION RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SPECIFIC PLAN NO. 5 (OLD TOWN) TO RELOCATE A PORTION OF THE EXISTING HOTEL OVERLAY FOR THE TRUAX HOTEL PROJECT, CONSISTING OF APPROXIMATELY 1.48 ACRES GENERALLY LOCATED ON THE SOUTH SIDE OF 3RD STREET BETWEEN OLD TOWN FRONT STREET AND MERCEDES STREET AND TAKE ACTIONS RELATED THERETO (APN 922-043, 922-043-004, 922-043-018, 922- 043-024, 922-043-003, 922-043-015, 922-043-023, AND 922-043-025) (PA17-0109) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. On February 22, 2016, Chris Campbell of Walter R. Allen Architect + Associates filed Planning Application No. PA16-0270, a Development Plan. On January 23, 2017, Gary Thornhill, on behalf of the Truax Group submitted Planning Application No. PA17-0109, a Specific Plan Amendment. On June 30, 2017, Ross Jackson, on behalf of the Truax Group, submitted Planning Application PA17-1020, a Minor Exception. These applications (collectively "Project") were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. Collectively, the Project consists of a relocation of a portion of the existing Hotel Overlay contained within the Old Town Specific Plan to allow for the development of a full service hotel. The project also includes a Minor Exception to increase the allowable building height of a parking garage that will be constructed across the street from the hotel. 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. D. The Old Town Specific Plan was amended in 2010. An Environmental Impact Report was prepared and certified at a public hearing as part of the amendment process. E. A Subsequent Environmental Impact Report (SEIR), Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations were prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA"). Thereafter, City staff circulated a Notice of Completion indicating the public comment period and intent to adopt the SEIR as required by law. The public comment period commenced via the State Clearinghouse from May 2, 2017 through June 15, 2017. A Notice of Availability was also sent to property owners contiguous to the Project area indicating a review period of May 2, 2017 through June 15, 2017. The Notice of Availability was also printed in the San Diego Union Tribune, a newspaper of general circulation within the City of Temecula. Copies of the documents have been available for public review and inspection at the offices of the Community Development Department, located at City Hall, 41000 Main Street, Temecula, California 92590; the Ronald H. Roberts Temecula Public Library located at 30600 Pauba Road; Temecula Grace Mellman Community Library located 41000 County Center Drive; and the City of Temecula website. F. On August 16, 2017, the Planning Commission considered the Final SEIR, Planning Application Nos. PA17-0109, Specific Plan Amendment; PA17-1020, a Minor Exception; and PA16-0270, Development Plan at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support of or opposition to this matter. G. Following consideration of the entire record of information received at the public hearing, the Planning Commission adopted Resolution No. 17- "A RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL CERTIFY THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT, ADOPT ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPT A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPT A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE TRUAX HOTEL PROJECT, CONSISTING OF APPROXIMATELY 2.46 ACRES GENERALLY LOCATED ON THE NORTH AND SOUTH SIDE OF 3RD STREET BETWEEN OLD TOWN FRONT STREET AND MERCEDES STREET (APNS: 922-043-002, 922-043-004, 922-043-018, 922-043-024, 922-043-003, 922-043-015, 922-043-023, 922-043-025, 922-044-017, AND 922-044- 020." H. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 17- "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SPECIFIC PLAN NO. 5 (OLD TOWN) TO RELOCATE A PORTION OF THE EXISTING HOTEL OVERLAY FOR THE TRUAX HOTEL PROJECT, CONSISTING OF APPROXIMATELY 1.48 ACRES GENERALLY LOCATED ON THE SOUTH SIDE OF 3RD STREET BETWEEN OLD TOWN FRONT STREET AND MERCEDES STREET AND TAKE ACTIONS RELATED THERETO (APN 922-043, 922-043-004,922-043-018, 922-043-024, 922-043-003,922- 043-015, 922-043-023,922-043-025)" I. On , the City Council of the City of Temecula considered the Project and the Final SEIR, Mitigation Monitoring and Reporting Program, and 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 Project and the Final SEIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations prior to and at the public hearing. J. Following the public hearing, the Council adopted Resolution No. 17- "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT, ADOPTING FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE TRUAX HOTEL PROJECT, CONSISTING OF APPROXIMATELY 2.46 ACRES GENERALLY LOCATED ON THE NORTH AND SOUTH SIDE OF 3RD STREET BETWEEN OLD TOWN FRONT STREET AND MERCEDES STREET (APNS: 922- 043-002, 922-043-004, 922-043-018, 922-043-024, 922-043-003, 922-043-015, 922- 043-023, 922-043-025, 922-044-017, AND 922-044-020).)" Resolution No. 17- and the findings therein are hereby incorporated by this reference as set forth in full. K. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Legislative Findings. The City Council in approving the Specific Plan Amendment hereby makes the following findings: A. The proposed specific plan is consistent with the General Plan and Development Code. Goal 6 of the Economic Development Element of the General Plan is about enhancing local tourism and pursues a comprehensive, recognizable tourist destination, offering a range of attractions throughout and beyond the Planning Area. This is accomplished by Policy 6.4. This policy encourages development of lodging along the freeway which interacts well with the professional office and tourism markets and enhances fiscal viability. The proposed amendment to the Old Town Specific Plan will allow for a portion of the existing Hotel Overlay to be relocated to the project site. Because the relocated section of overlay will be required to adhere to the same development requirements stipulated in the Old Town Specific Plan, General Plan and Development Code, the proposed Specific Plan Amendment is consistent with the Policy 6.4 of the General Plan and the Development Code. B. The proposed specific plan would not be detrimental to the public interest, health, safety, convenience or welfare of the city. The proposed amendment has bee n reviewed against the requirements of the Municipal Code, Building Code, and Fire Code. These codes contain requirements designed to protect the public interest, health, safety, convenience or welfare of the City. The amendment is not anticipated to have a detrimental impact to the public interest, health, safety, convenience or welfare of the City. C. The subject property is physically suitable for the requested land use designations and the anticipated land use developments. The subject property is physically suitable to accept land uses that can take full advantage of the Hotel Overlay's expanded development opportunities. This is because the size of the area that will receive the overlay is large enough to allow for the construction of a full service hotel and parking garage. D. The proposed specific plan shall ensure development of desirable character which will be compatible with existing and proposed development in the surrounding neighborhood. The amendment will allow for the relocation of a portion of the existing Hotel Overlay to move north by approximately 230 feet. This distance will allow for a full service hotel to be located within the same general area of the remaining overlay in the southern portion of the Specific Plan. Therefore, full service hotels of the size allowed by the Hotel Overlay will continue to be concentrated in the southern portion of Old Town and development in this part of Old Town will continue with its originally envisioned character. Other uses that make up this area include mostly restaurants and retail establishments. Section 3. Specific Plan Amendment. The City Council hereby amends Specific Plan No. 5 (Old Town) by relocating a portion of the existing Hotel Overlay as described in Exhibit A, attached to this Ordinance and incorporated herein as thought set forth in full. Section 4. Certification. The City Clerk shall certify to the adoption of this Resolution and shall cause it to be published in the manner required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of Maryann Edwards, 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. - was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the day of, , and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk EXHIBIT A SPECIFIC PLAN EXHIBIT PC RESOLUTION NO. 17-33 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DEVELOPMENT PLAN APPLICATION FOR THE TRUAX HOTEL PROJECT TO ALLOW FOR THE CONSTRUCTION OF A SIX -STORY, APPROXIMATELY 175,677 SQUARE FOOT HOTEL GENERALLY LOCATED ALONG THE SOUTH SIDE OF 3RD STREET BETWEEN OLD TOWN FRONT STREET AND MERCEDES STREET AND A PARKING STRUCTURE TOTALING APPROXIMATELY 86,117 SQUARE FEET AND CONTAINING APPROXIMATELY 2,846 SQUARE FEET OF GROUND FLOOR COMMERCIAL SPACE (APN: 922-043- 002, 922-043-004, 922-043-018, 922-043-024, 922-043-003, 922-043-015, 922-043-023, 922-043-025, 922-044-017, 922- 044-020)" (PA16-0270) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On February 22, 2016, Chris Campbell of Walter R. Allen Architect + Associates filed Planning Application No. PA16-0270, a Development Plan. On January 23, 2017, Gary Thornhill, on behalf of the Truax Group submitted Planning Application No. PA17-0109, a Specific Plan Amendment. On June 30, 2017, Ross Jackson on behalf of the Truax Group, submitted Planning Application PA17-1020, a Minor Exception. These applications (collectively "Project") were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. Collectively, the Project consists of a relocation of a portion of the existing Hotel Overlay contained within the Old Town Specific Plan to allow for the development of a full service hotel. The Project also includes a Minor Exception to increase the allowable building height for a parking garage that will be constructed across the street from the hotel. C. Pursuant to the California Environmental Quality Act (CEQA) (Pub. Res. Code § 21000, et seq.) and the State CEQA Guidelines (14 Cal. Code Regs. § 14000, et seq.), the City is the lead agency for the Project. D. The Old Town Specific Plan was amended in 2010. An Environmental Impact Report was prepared and certified at a public hearing as part of the amendment process. E. A Subsequent Environmental Impact Report (SEIR), Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations were prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA"). Thereafter, City staff circulated a Notice of Completion indicating the public comment period and intent to adopt the SEIR as required by law. The public comment period commenced via the State Clearinghouse from May 2, 2017 through June 15, 2017. A Notice of Availability was also sent to adjacent property owners indicating a review period of May 2, 2017 through June 15, 2017. The Notice of Availability was also printed in the San Diego Union Tribune, a newspaper of general circulation within the City of Temecula. Copies of the documents have been available for public review and inspection at the offices of the Community Development Department, located at City Hall, 41000 Main Street, Temecula, California 92590; the Ronald H. Roberts Temecula Public Library located at 30600 Pauba Road; Temecula Grace Mellman Community Library located 41000 County Center Drive; and the City of Temecula website. F. On August 16, 2017, the Planning Commission considered the Final Subsequent Environmental Impact Report ("SEIR"), Planning Application Nos. PA17-0109, Specific Plan Amendment; PA17-1020, Minor Exception PA16-0270; and Development Plan at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support of or opposition to this matter. G. Following consideration of the entire record before it at the public hearing and due consideration of the Project the Planning Commission adopted Resolution No. 17-31, "A RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL CERTIFY THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT, ADOPT ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPT A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPT A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE TRUAX HOTEL PROJECT, CONSISTING OF APPROXIMATELY 2.46 ACRES GENERALLY LOCATED ON THE NORTH AND SOUTH SIDE OF 3RD STREET BETWEEN OLD TOWN FRONT STREET AND MERCEDES STREET (APNS: 922-043-002, 922-043-004, 922-043-018, 922-043-024, 922-043-003, 922-043-015, 922-043-023, 922-043-025, 922-044-017, AND 922-044- 020." Resolution No. 17-31 and the findings therein are hereby incorporated by this reference as set forth therein H. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Commission, in recommending approval of Development Plan Application No. PA16-0270, pursuant to Temecula Municipal Code section 17.05.010 hereby finds, determines and declares that: A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City; The application will allow for the construction of a full-service hotel. The project will be in conformance with the Goal 6 Policy 6.4 of the General Plan for Temecula. This goal and policy encourage lodging facilities along the freeway. The Project is also in compliance with all applicable requirements of State law and other Ordinances of the City once the Specific Plan Amendment is approved. This is because hotels of this scale are permitted in the Hotel Overlay of the Old Town Specific Plan. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare; The project has been reviewed to ensure compliance with the Development, Building, and Fire Codes. The project has also been reviewed to ensure compliance with the Old Town Temecula Specific Plan. These codes and the Specific Plan contain provisions that are designed to ensure for the protection of the public health, safety, and general welfare. Section 3. Recommendation. The Planning Commission of the City of Temecula recommends that the City Council adopt a resolution entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DEVELOPMENT PLAN APPLICATION TO ALLOW FOR A DEVELOPMENT PLAN APPLICATION FOR A SIX - STORY, APPROXIMATELY 175,677 SQUARE FOOT HOTEL GENERALLY LOCATED ALONG THE SOUTH SIDE OF 3RD STREET BETWEEN OLD TOWN FRONT STREET AND MERCEDES STREET. THE HOTEL WILL CONTAIN 151 GUEST ROOMS. A PARKING STRUCTURE WILL ALSO BE CONSTRUCTED DIRECTLY ACROSS 3RD STREET. THE PARKING STRUCTURE WILL TOTAL APPROXIMATELY 86,117 SQUARE FEET AND CONTAIN APPROXIMATELY 2,846 SQUARE FEET OF GROUND FLOOR COMMERCIAL AND 213 PARKING SPACES THAT WILL PROVIDE VALET PARKING FOR HOTEL GUESTS. (APN's: 922-043-002, 922-043-004,922-043-018, 922-043-024, 922-043-003,922043-015, 922-043-023,922-043-025, 922-044-017, 922-044-020)" subject to conditions of approval in the form attached to this Resolution as Exhibit "A', attached hereto, and incorporated herein by this reference. Section 4. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 16th day of August, 2017. John Telesio, Chairperson ATTEST: Luke Watson Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 17-33 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 16th day of August, 2017, by the following vote: AYES: 5 PLANNING COMMISSIONERS: Guerriero, Telesio, Turley-Trejo, Watts, Youmans NOES: 0 PLANNING COMMISSIONERS None ABSENT: 0 PLANNING COMMISSIONERS None ABSTAIN: 0 PLANNING COMMISSIONERS None Luke Watson Secretary EXHIBIT A CITY COUNCIL RESOLUTION RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DEVELOPMENT PLAN APPLICATION FOR THE TRUAX HOTEL PROJECT TO ALLOW FOR THE CONSTRUCTION OF A SIX -STORY, APPROXIMATELY 175,677 SQUARE FOOT HOTEL GENERALLY LOCATED ALONG THE SOUTH SIDE OF 3RD STREET BETWEEN OLD TOWN FRONT STREET AND MERCEDES STREET, AND A PARKING STRUCTURE TOTALING APPROXIMATELY 86,117 SQUARE FEET AND CONTAINING APPROXIMATELY 2,846 SQUARE FEET OF GROUND FLOOR SPACE (APN: 922-043-002, 922-043-004, 922-043-018, 922-043-024, 922- 043-003, 922043-015, 922-043-023, 922-043-025, 922-044- 017, AND 922-044-020) (PA16-0270) 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. On February 22, 2016, Chris Campbell of Walter R. Allen Architect + Associates filed Planning Application No. PA16-0270, a Development Plan. On January 23, 2017, Gary Thornhill, on behalf of the Truax Group submitted Planning Application No. PA17-0109, a Specific Plan Amendment. On June 30, 2017, Ross Jackson on behalf of the Truax Group, submitted Planning Application No. PA17-1020, a Minor Exception. These applications (collectively "Project") were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. Collectively, the Project consists of a relocation of a portion of the existing Hotel Overlay contained within the Old Town Specific Plan to allow for the development of a full service hotel. The Project also includes a Minor Exception to increase the allowable building height for a parking garage that will be constructed across the street from the hotel. C. Pursuant to the California Environmental Quality Act (CEQA) (Pub. Res. Code § 21000, et seq.) and the State CEQA Guidelines (14 Cal. Code Regs. § 14000, et seq.), the City is the lead agency for the Project. D. The Old Town Specific Plan was amended in 2010. An Environmental Impact Report was prepared and certified at a public hearing as part of the amendment process. E. A Subsequent Environmental Impact Report (SEIR), Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations were prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA"). Thereafter, City staff circulated a Notice of Completion indicating the public comment period and intent to adopt the SEIR as required by law. The public comment period commenced via the State Clearinghouse from May 2, 2017 through June 15, 2017. A Notice of Availability was also sent to adjacent property owners indicating a review period of May 2, 2017 through June 15, 2017. The Notice of Availability was also printed in the San Diego Union Tribune, a newspaper of general circulation within the City of Temecula. Copies of the documents have been available for public review and inspection at the offices of the Community Development Department, located at City Hall, 41000 Main Street, Temecula, California 92590; the Ronald H. Roberts Temecula Public Library located at 30600 Pauba Road; Temecula Grace Mellman Community Library located 41000 County Center Drive; and the City of Temecula website. F. On August 16, 2017, the Planning Commission considered the Final Subsequent Environmental Impact Report (SEIR) Planning Application Nos. PA17- 0109, Specific Plan Amendment; PA16-0270, Minor Exception; Development Plan; PA17-1020at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support of or opposition to this matter. G. Following consideration of the entire record before it at the public hearing and due consideration of the Project the Planning Commission adopted Resolution No. "A RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL CERTIFY THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT, ADOPT ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPT A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPT A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE TRUAX HOTEL PROJECT, CONSISTING OF APPROXIMATELY 2.46 ACRES GENERALLY LOCATED ON THE NORTH AND SOUTH SIDE OF 3RD STREET BETWEEN OLD TOWN FRONT STREET AND MERCEDES STREET (APNS: 922-043-002, 922-043-004, 922-043-018, 922-043-024, 922-043-003, 922-043-015, 922-043-023, 922-043-025, 922-044-017, AND 922-044- 020"". H. At the conclusion of the Planning Commission hearing and after due consideration of the entire record before the Planning Commission hearing, and after due consideration of the testimony regarding the proposed Project, the Planning Commission adopted Resolution No. , "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DEVELOPMENT PLAN APPLICATION FOR THE TRUAX HOTEL PROJECTTO ALLOW FOR THE CONSTRUCTION OF A SIX -STORY, APPROXIMATELY 175,677 SQUARE FOOT HOTEL GENERALLY LOCATED ALONG THE SOUTH SIDE OF 3RD STREET BETWEEN OLD TOWN FRONT STREET AND MERCEDES STREET, AND CONTAINING APPROXIMATELY 2,846 SQUARE FEET OF GROUND FLOOR COMMERCIAL SPACE. (APN: 922-043-002, 922-043-004, 922-043-018, 922-043-024, 922-043-003, 922043-015, 922-043-023, 922-043-025, 922-044-017, AND 922-044- 020)" On the City Council of the City of Temecula considered the Project and the Final SEIR, Mitigation Monitoring and Reporting Program, and 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 Project and the Final SEIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations prior to and at the public hearing. J. Following the public hearing, the Council adopted Resolution No. 17- "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT, ADOPTING FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE TRUAX HOTEL PROJECT, CONSISTING OF APPROXIMATELY 2.46 ACRES GENERALLY LOCATED ON THE NORTH AND SOUTH SIDE OF 3RD STREET BETWEEN OLD TOWN FRONT STREET AND MERCEDES STREET (APNS: 922-043, 922-043-004, 922-043-018, 922-043-024, 922-043-003, 922-043-015, 922-043-023, 922-043-025, 922-044-017, AND 922-044-020)." Resolution No. 17- and the findings therein are hereby incorporated by this reference as set forth in full. K. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Legislative Findings. The City Council in approving the Project, pursuant to Temecula Municipal Code Section, 17.05.010, hereby finds, determines and declares that: A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City; The application will allow for the construction of a full-service hotel. The project will be in conformance with the Goal 6 Policy 6.4 of the General Plan for Temecula. This goal and policy encourage lodging facilities along the freeway. The Project is also in compliance with all applicable requirements of State law and other Ordinances of the City once the Specific Plan Amendment is approved. This is because hotels of this scale are permitted in the Hotel Overlay of the Old Town Specific Plan. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare; The project has been reviewed to ensure compliance with the Development, Building, and Fire Codes. The project has also been reviewed to ensure compliance with the Old Town Temecula Specific Plan. These codes and the Specific Plan contain provisions that are designed to ensure for the protection of the public health, safety, and general welfare. Section 3. Conditions of Approval. The City Council of the City of Temecula approves Planning Application No. PA16-0270, a Development Plan application for a six -story, approximately 175,677 square foot hotel generally located along the south side of 3rd Street between Old Town Front Street and Mercedes Street, and a parking structure to be constructed directly across 3rd Street, subject to the Conditions of Approval set forth in Exhibit A, attached hereto, and incorporated herein by this reference. Section 4. Certification. The City Clerk shall certify to the adoption of this Resolution and shall casue it to be published in the manner required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of Maryann Edwards, 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. - was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk EXHIBIT A Planning Application No.: Project Description: Assessor's Parcel No.: MSHCP Category: DIF Category: TUMF Category: Quimby Category: New Street In -lieu of Fee: Approval Date: Expiration Date: PLANNING DIVISION EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL PA16-0270 Boutique Hotel Development Plan: A Development Plan application for a six -story, approximately 175,677 square foot hotel generally located along the south side of 3rd Street between Old Town Front Street and Mercedes Street. The hotel will contain 151 guest rooms. A parking structure will also be constructed directly across 3rd Street. The parking structure will total approximately 86,117 square feet and contain approximately 2,846 square feet of ground floor commercial space 213 parking spaces that will provide valet parking for hotel guests. 922-044-017 922-043-018 922-044-015 922-043-003 922-043-002 922-043-004 922-043-015 Commercial Service Commercial for Hotel and Restaurant / Retail Commercial for Retail Service Commercial for Hotel and Restaurant / Retail Commercial for Retail Non -Residential Project Not Located within the Uptown Temecula Specific Plan Within 48 Hours of the Approval 1. Filing Notice of Determination. The applicant/developer shall deliver to the Planning Division a cashiers check or money order made payable to the County Clerk in the amount of Three Thousand One Hundred and Twenty-eight Dollars and Zero Cents ($3,128.00) which includes the Three Thousand and Seventy-eight Dollars and Zero Cents ($3,078.00) fee, required by Fish and Wildlife Code Section 711.4(d)(3) plus the Fifty Dollars ($50.00) County administrative fee, to enable the City to file the Notice of Determination for the Environmental Impact Report required under Public Resources Code Section 21152 and California Code of Regulations Section 15904. If within said 48-hour period the applicant/developer has not delivered to the Planning Division the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Wildlife Code Section 711.4(c)). General Requirements 2. Indemnification of the City. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City and its attorneys from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. 3. Expiration. This approval shall be used within three years of the approval date; otherwise, it shall become null and void. Use means the beginning of substantial construction contemplated by this approval within the 3 year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval, or use of a property in conformance with a Conditional Use Permit. 4. Time Extension. The Director of Community Development may, upon an application being filed prior to expiration, and for good cause, grant up to 5 extensions of time, one year at a time. 5. Consistency with Specific Plans. This project and all subsequent projects within this site shall be consistent with Specific Plan No. 5 (Old Town). 6. Compliance with EIR. The project and all subsequent projects within this site shall comply with all mitigation measures identified within EIR No. 2017011029. 7. Conformance with Approved Plans. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Division. 8. Signage Permits. A separate building permit shall be required for all signage. 9. Landscape Maintenance. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Director of Community Development. If it is determined that the landscaping is not being maintained, the Director of Community Development shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. 10. Water Quality and Drainage. Other than stormwater, it is illegal to allow liquids, gels, powders, sediment, fertilizers, landscape debris, and waste from entering the storm drain system or from leaving the property. To ensure compliance with this Condition of Approval: a. Spills and leaks shall be cleaned up immediately. b. Do not wash, maintain, or repair vehicles onsite. c. Do not hose down parking areas, sidewalks, alleys, or gutters. d. Ensure that all materials and products stored outside are protected from rain. e. Ensure all trash bins are covered at all times. 11. Paint Inspection. The applicant shall paint a three -foot -by -three-foot section of the building for Planning Division inspection, prior to commencing painting of the building. 12. Photographic Prints. The applicant shall submit to the Planning Division for permanent filing two 8" X 10" glossy photographic color prints of the approved color and materials board and the colored architectural elevations. All labels on the color and materials board and elevations shall be readable on the photographic prints. 13. Materials and Colors. The Conditions of Approval specified in this resolution, to the extent specific items, materials, equipment, techniques, finishes or similar matters are specified, shall be deemed satisfied by City staffs prior approval of the use or utilization of an item, material, equipment, finish or technique that City staff determines to be the substantial equivalent of that required by the Conditions of Approval. Staff may elect to reject the request to substitute, in which case the real party in interest may appeal, after payment of the regular cost of an appeal, the decision to the Planning Commission for its decision. Roof Tiles - Terra Cotta Blend Roman Pan Standing Seam Metal Roof - Berridge or eq. Zinc Gray, Antique Copper Cote Stucco Finish - Cast in Place Concrete Pattern Texture, Troweled Lace, Smooth Textures, Colors: Clay, Silverado, Dove Grey, Canvas Brick - Sandmold Monticello, Fluted Brick, MCnear Color Blend Chartham Simulated Tile Domes - Bronze Patina Stone Veneer-Arriscraft, Renaissance, Oak Ridge, Smooth/Rackface, Renaissance, Graphite Pre -Cast Concrete, Modern Gray, Column Wrought Iron Railing - Hot Dipped Galvanized Steel, Black with Decorative Elements Windows - Colors: Hemlock Green, Linen, TW Brown, Seawolf Doors - Colors: Walnut, Hemlock Green, Linen, TW Brown, Seawof Decorative Tile - Cal Pottery & Tile Works Cementitious Wood Siding - Color White Cast Iron Column - Color Charcoal Baluster - Color Natural 14. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 15. Trash Enclosures. The trash enclosures shall be large enough to accommodate a recycling bin, as well as regular solid waste containers. 16. Trash Enclosures. Trash enclosures shall be provided to house all trash receptacles utilized on the site. These shall be clearly labeled on the site plan. 17. Covered Trash Enclosures. All trash enclosures on site shall include a solid cover and the construction plans shall include all details of the trash enclosures, including the solid cover. 18. Phased Construction. If construction is phased, a construction staging area plan or phasing plan for construction equipment and trash shall be approved by the Director of Community Development. 19. Construction and Demolition Debris. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris and shall provide the Planning Division verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul demolition and construction debris. 20. Public Art Ordinance. The applicant shall comply with the requirements of the City's Public Art Ordinance as defined in Section 5.08 of the Temecula Municipal Code. 21. Property Maintenance. All parkways, including within the right-of-way, entryway median, landscaping, walls, fencing, recreational facilities, and on-site lighting shall be maintained by the property owner or maintenance association. Prior to Issuance of Grading Permit 22. Placement of Transformer. Provide the Planning Division with a copy of the underground water plans and electrical plans for verification of proper placement of transformer(s) and double detector check valves prior to final agreement with the utility companies. 23. Placement of Double Detector Check Valves. Double detector check valves shall be installed at locations that minimize their visibility from the public right-of-way, subject to review and approval by the Director of Community Development. 24. Archaeological/Cultural Resources Grading Note. The following shall be included in the Notes Section of the Grading Plan: "If at any time during excavation/construction of the site, archaeological/cultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Director of Community Development at his/her sole discretion may require the property owner to deposit a sum of money it deems reasonably necessary to allow the City to consult and/or authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the discovery is not an archaeological/ cultural resource, the Planning Director shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeological/cultural resource, the Planning Director shall notify the property owner that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Planning Director." 25. Cultural Resources Treatment Agreement. The developer is required to enter into a Cultural Resources Treatment Agreement with the Pechanga Tribe. The agreement shall be in place prior to issuance of a grading permit. To accomplish this, the applicant should contact the Pechanga Tribe no Tess than 30 days and no more than 60 days prior to issuance of a grading permit. This Agreement will address the treatment and disposition of cultural resources, the designation, responsibilities, and participation of professional of professional Pechanga Tribal monitors during grading, excavation and ground disturbing activities; project grading and development scheduling; terms of compensation for the monitors; and treatment and final disposition of any cultural resources, sacred sites, and human remains discovered on site. The Pechanga monitor's authority to stop and redirect grading will be exercised in consultation with the project archaeologist in order to evaluate the significance of any potential resources discovered on the property. Pechanga and archaeological monitors shall be allowed to monitor all grading, excavation and ground breaking activities, and shall also have the limited authority to stop and redirect grading activities should an inadvertent cultural resource be identified. 26. Discovery of Cultural Resources. The following shall be included in the Notes Section of the Grading Plan: "If cultural resources are discovered during the project construction (inadvertent discoveries), all work in the area of the find shall cease, and the qualified archaeologist and the Pechanga monitor shall investigate the find, and make recommendations as to treatment." 27. Archaeological Monitoring Notes. The following shall be included in the Notes Section of the Grading Plan: "A qualified archaeological monitor will be present and will have the authority to stop and redirect grading activities, in consultation with the Pechanga Tribe and their designated monitors, to evaluate the significance of any archaeological resources discovered on the property." 28. Tribal Monitoring Notes. The following shall be included in the Notes Section of the Grading Plan: "A Pechanga Tribal monitor will be present and will have the authority to stop and redirect grading activities, in consultation with the project archaeologist and their designated monitors, to evaluate the significance of any potential resources discovered on the property." 29. Relinquishment of Cultural Resources. The following shall be included in the Notes Section of the Grading Plan: "The landowner agrees to relinquish ownership of all cultural resources, including all archaeological artifacts that are found on the project area, to the Pechanga Tribe for proper treatment and disposition." 30. Preservation of Sacred Sites. The following shall be included in the Notes Section of the Grading Plan: "All sacred sites are to be avoided and preserved." 31. Rough Grading Plans. A copy of the Rough Grading Plans shall be submitted and approved by the Planning Division. 32. Archaeologist Retained. Prior to beginning project construction, the Project Applicant shall retain a Riverside County qualified/City of Temecula approved archaeological monitor to monitor all ground -disturbing activities in an effort to identify any unknown archaeological resources. Any newly discovered cultural resource deposits shall be subject to a cultural resources evaluation (See PL -4). The archaeological monitor's authority to stop and redirect grading will be exercised in consultation with the Pechanga Tribe in order to evaluate the significance of any potential resources discovered on the property. Pechanga and archaeological monitors shall be allowed to monitor all grading, excavation and groundbreaking activities, and shall also have the limited authority to stop and redirect grading activities should an inadvertent cultural resource be identified. The archaeologist shall provide a final monitoring report at the end of all earthmoving activities to the City of Temecula, the Pechanga Tribe and the Eastern Information Center at UC, Riverside. 33 Human Remains. If human remains are encountered, California Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to California Public Resources Code Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission must be contacted within 24 hours. The Native American Heritage Commission must then immediately identify the "most likely descendant(s)" of receiving notification of the discovery. The most likely descendant(s) shall then make recommendations within 48 hours, and engage in consultations concerning the treatment of the remains as provided in Public Resources Code 5097.98 and the Treatment Agreement described in these conditions. Prior to Issuance of Building Permit 34. Transportation Uniform Mitigation Fee (TUMF). The City of Temecula adopted an ordinance on March 31, 2003 to collect fees for a Riverside County area wide Transportation Uniform Mitigation Fee (TUMF). This project is subject to payment of these fees at the time of building permit issuance. The fees are subject to the provisions of Chapter 15.08 of the Temecula Municipal Code and the fee schedule in effect at the time of building permit issuance. 35. Downspouts. All downspouts shall be internalized. 36. Development Impact Fee (DIF). The developer shall comply with the provisions of Title 15, Chapter 15.06 of the Temecula Municipal Code and all its resolutions by paying the appropriate City fee. 37. Photometric Plan. The applicant shall submit a photometric plan, including the parking lot, to the Planning Division, which meets the requirements of the Development Code and the Riverside County Palomar Lighting Ordinance 655. All exterior LED light fixtures shall be 3,000 kelvin or below. The parking lot light standards shall be placed in such a way as to not adversely affect the growth potential of the parking lot trees. 38. Construction Landscaping and Irrigation Plans. Four (4) copies of Construction Landscaping and Irrigation Plans shall be reviewed and approved by the Planning Division. These plans shall be submitted as a separate submittal, not as part of the building plans or other plan set. These plans shall conform to the approved conceptual landscape plan, or as amended by these conditions. The location, number, height and spread, water usage or KC value, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance and Water Storage Contingency Plan per the Rancho California Water District. The plans shall be accompanied by the appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal) and one copy of the approved Grading Plan. 39. Landscaping Site Inspections. The Landscaping and Irrigation Plans shall include a note stating, "Three landscape site inspections are required. The first inspection will be conducted at installation of irrigation while trenches are open. This will verify that irrigation equipment and layout is per plan specifications and details. Any adjustments or discrepancies in actual conditions will be addressed at this time and will require an approval to continue. Where applicable, a mainline pressure check will also be conducted. This will verify that the irrigation mainline is capable of being pressurized to 150 psi for a minimum period of two hours without loss of pressure. The second inspection will verify that all irrigation systems are operating properly, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The third inspection will verify property landscape maintenance for release of the one-year landscape maintenance bond." The applicant/owner shall contact the Planning Division to schedule inspections. 40. Agronomic Soils Report. The Landscaping and Irrigation Plans shall include a note on the plans stating, "The contractor shall provide two copies of an agronomic soils report at the first irrigation inspection." 41. Water Usage Calculations. The Landscaping and Irrigation Plans shall include water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance), the total cost estimate of plantings and irrigation (in accordance with approved plan). Applicant shall use evapotranspiration (ETo) factor of 0.70 for calculating the maximum allowable water budget. 42. Landscape Maintenance Program. A landscape maintenance program shall be submitted to the Planning Division for approval. The landscape maintenance program shall detail the proper maintenance of all proposed plant materials to assure proper growth and landscape development for the long-term esthetics of the property. The approved maintenance program shall be provided to the landscape maintenance contractor who shall be responsible to carry out the detailed program. 43. Specifications of Landscape Maintenance Program. Specifications of the landscape maintenance program shall indicate, "Three landscape site inspections are required. The first inspection will be conducted at installation of irrigation while trenches are open. This will verify that irrigation equipment and layout is per plan specifications and details. Any adjustments or discrepancies in actual conditions will be addressed at this time and will require an approval to continue. Where applicable, a mainline pressure check will also be conducted. This will verify that the irrigation mainline is capable of being pressurized to 150 psi for a minimum period of two hours without loss of pressure. The second inspection will verify that all irrigation systems are operating properly, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The third inspection will verify property landscape maintenance for release of the one-year landscape maintenance bond." The applicant/owner shall contact the Planning Division to schedule inspections. 44. Irrigation. The landscaping plans shall include automatic irrigation for all landscaped areas and complete screening of all ground mounted equipment from view of the public from streets and adjacent property for private common areas; front yards and slopes within individual lots; shrub planting to completely screen perimeter walls adjacent to a public right-of-way equal to 66 feet or larger; and, all landscaping excluding City maintained areas and front yard landscaping which shall include, but may not be limited to, private slopes and common areas. 45. Hardscapinq. The landscape plans shall include all hardscaping for equestrian trails and pedestrian trails within private common areas. 46. Precise Grading Plans. Precise Grading Plans shall be consistent with the approved rough grading plans including all structural setback measurements. 47, Building Construction Plans for Outdoor Areas. Building Construction Plans shall include detailed outdoor areas (including but not limited to trellises, decorative furniture, fountains, hardscape, etc.) to match the style of the building subject to the approval of the Director of Community Development. 48. Landscaping Requirement for Phased Development. If any phase or area of the project site is not scheduled for development within six months of the completion of grading, the landscaping plans shall indicate it will be temporarily landscaped and irrigated for dust and soil erosion control. 49. WQMP Landscape Compliance. The construction landscape plans shall be consistent with Appendix A, Table 31 of the Low Impact Development (LID) Manual for Southern California for plant materials and treatment facilities, and shall reference the approved precise grading plan for WQMP features. 50. Utility Screening. All utilities shall be screened from public view. Landscape construction drawings shall show and label all utilities and provide appropriate screening. Provide a three-foot clear zone around fire check detectors as required by the Fire Department before starting the screen. Group utilities together in order to reduce intrusion. Screening of utilities is not to look like an after -thought. Plan planting beds and design around utilities. Locate all light poles on plans and ensure that there are no conflicts with trees. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit 51. Screening of Loading Areas. The applicant shall be required to screen all loading areas and roof mounted mechanical equipment from view of the adjacent residences and public right-of-ways. If upon final inspection it is determined that any mechanical equipment, roof equipment or backs of building parapet walls are visible from any portion of the public right-of-way adjacent to the project site, the developer shall provide screening by constructing a sloping tile covered mansard roof element or other screening reviewed and approved by the Director of Community Development. 52, Landscape Installation Consistent with Construction Plans. All required landscape planting and irrigation shall have been installed consistent with the approved construction plans and shall be in a condition acceptable to the Director of Community Development. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 53. Performance Securities. Performance securities, in amounts to be determined by the Director of Community Development, to guarantee the maintenance of the plantings in accordance with the approved construction landscape and irrigation plan, shall be filed with the Planning Division for a period of one year from final Certificate of Occupancy. After that year, if the landscaping and irrigation system have been maintained in a condition satisfactory to the Director of Community Development, the bond shall be released upon request by the applicant. 54. Installation of Site Improvements. All site improvements, including but not limited to, parking areas and striping shall be installed. 55. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Outside Agencies 56. Flood Protection. Flood protection shall be provided in accordance with the Riverside County Flood Control Districts transmittal dated March 1, 2016, a copy of which is attached. The fee is made payable to the Riverside County Flood Control Water District by either a cashier's check or money order, prior to the issuance of a grading permit (unless deferred to a later date by the District), based upon the prevailing area drainage plan fee. 57. Compliance with Dept. of Environmental Health. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Healths transmittals dated May 10, 2017 and June 15, 2017, copies of which are attached. 58. Compliance with EMWD. The applicant shall comply with the recommendations set forth in the Eastern Municipal Water District's transmittal dated April 22, 2016, a copy of which is attached. 59. Compliance with RCWD. The applicant shall comply with the recommendations set forth in the Rancho California Water District's transmittal dated April 25, 2017, a copy of which is attached. PUBLIC WORKS DEPARTMENT General Requirements 60. Conditions of Approval. The developer shall comply with all Conditions of Approval, the Engineering and Construction Manual and all City codes/standards at no cost to any governmental agency. 61. Entitlement Approval. The developer shall comply with the approved site plan, the conceptual Water Quality Management Plan (WQMP) and other relevant documents approved during entitlement. Any significant omission to the representation of site conditions may require the plans to be resubmitted for further review and revision. 62. Precise Grading Permit. A precise grading permit for on site improvements (outside of public right-of-way) shall be obtained from Public Works. 63. Haul Route Permit. A haul route permit may be required when soils are moved on public roadways to or from a grading site. The developer/contractor is to verify if the permit is required. If so, he shall comply with all conditions and requirements per the City's Engineering and Construction Manual and as directed by Public Works. 64. Encroachment Permits. Prior to commencement of any applicable construction, encroachment permit(s) are required and shall be obtained from Public Works for public offsite improvements. 65. Street Improvement Plans. The developer shall submit public/private street improvement plans for review and approval by Public Works. The plans shall be in compliance with Caltrans and City codes/standards; and shall include, but not limited to, plans and profiles showing existing topography, existing/proposed utilities, proposed centerline, top of curb and flowline grades. 66. Signing & Striping Plan. A signing & striping plan, designed by a registered civil engineer per the latest edition of Caltrans MUTCD standards, shall be included with the street improvement plans for approval. 67. Storm Drain Improvement Plans. The developer shall submit storm drain improvement plans if the street storm flows exceeds top of curb for the 10 -year storm event and/or is not contained within the street right-of-way for the 100 -year storm event. A manhole shall be constructed at right-of-way where a private and public storm drain systems connect. The plans shall be approved by Public Works. 68. Landscaped Parkways. The developer: a. shall contact the Park/Landscape Maintenance Supervisor for a pre -design meeting to discuss design parameters. The design shall be in conformance with the Temecula Landscape Standards b. shall set a pre -construction meeting with the appropriate parties including Public Works and Building & Safety, prior to start of work. The developer shall comply with the Public Works' review and inspection process c. his successor or assignee, shall be responsible for the maintenance of the landscaped median until such time Public Works accepts that responsibility 69. Private Drainage F=acilities. All onsite drainage and water quality facilities shall be privately maintained. Prior to Issuance of a Grading Permit 70. Environmental Constraint Sheet (ECSC. The developer shall comply with all constraints per the recorded ECS with any underlying maps related to the subject property. 71. Grading/Erosion & Sediment Control Plan. The developer shall submit a grading/erosion & sediment control plan(s) to be reviewed and approved by Public Works. All plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site. The approved plan shall include all construction -phase pollution -prevention controls to adequately address non -permitted runoff. Refer to the City's Engineering & Construction Manual at: www.TemeculaCA.gov/ECM 72. Erosion & Sediment Control Securities. The developer shall comply with the provisions of Chapter 24, Section 18.24.140 of the Temecula Municipal Code by posting security and entering into an agreement to guarantee the erosion & sediment control improvements. 73. NPDES General Permit Compliance. The developer shall obtain project coverage under the State National Pollutant Discharge Elimination System (NPDES) General Permit for Construction Activities and shall provide the following: a. A copy of the Waste Discharge Identification Number (WDID) issued by the State Water Resources Control Board (SWRCB); b. The project's Risk Level (RL) determination number; and c. The name, contact information and certification number of the Qualified SWPPP Developer (QSD) Pursuant to the State Water Resources Control Board (SWRCB) requirements and City's storm water ordinance, a Storm Water Pollution Prevention Plan (SWPPP) shall be generated and submitted to the Board. Throughout the project duration, the SWPPP shall be routinely updated and readily available (onsite) to the State and City. Review www.cabmphandbooks.com for SWPPP guidelines. Refer to the following link: http://www.waterboards.ca.gov/water issues/programs/stormwater/construction.shtml 74, Water Quality Management Plan (WQMP) and O&M Agreement. The developer shall submit a final WQMP (prepared by a registered professional engineer) with the initial grading plan submittal, based on the conceptual WQMP from the entitlement process. It must receive acceptance by Public Works. A copy of the final project -specific WQMP must be kept onsite at all times. In addition, a completed WQMP Operation and Maintenance (O&M) Agreement shall be submitted for review and approval. Upon approval from City staff, the applicant shall record the O&M agreement at the County Recorder's Office in Temecula. Refer to the WQMP template and agreement link below: www.TemeculaCA.gov/WQMP 75. Area Drainage Plan (ADP) Fee to RCFC&WCD. The developer shall demonstrate to the City that the flood mitigation charge (ADP fee) has been paid to RCFC&WCD. If the full ADP fee has already been credited to this property, no new charge will be required. 76. Drainage. All applicable drainage shall be depicted on the grading plan and properly accommodated with onsite drainage improvements and water quality facilities, which shall be privately maintained. Alterations to existing drainage patterns or concentration and/or diverting flows is not allowed unless the developer constructs adequate drainage improvements and obtains the necessary permissions from the downstream property owners. All drainage leaving the site shall be conveyed into a public storm drain system, if possible. The creation of new cross lot drainage is not permitted. 77. Drainage Study. A drainage study shall be prepared by a registered civil engineer and submitted to Public Works with the initial grading plan check in accordance with City, Riverside County and engineering standards. The study shall identify storm water runoff quantities (to mitigate the 100 -year storm event) from the development of this site and upstream of the site. It shall identify all existing or proposed offsite or onsite, public or private, drainage facilities intended to discharge this runoff. Runoff shall be conveyed to an adequate outfall capable of receiving the storm water runoff without damage to public or private property. The study shall include a capacity analysis verifying the adequacy of all facilities. Any upgrading or upsizing of drainage facilities necessary to convey the storm water runoff shall be provided as part of development of this project. 78. Soils Resort. A soils report, prepared by a registered soil or civil engineer, shall be submitted to Public Works with the initial grading plan submittal. The report shall address the site's soil conditions and provide recommendations for the construction of engineered structures and preliminary pavement sections. 79. Geoloctical Report. The developer shall complete any outstanding County geologist's requirements, recommendations and/or proposed Conditions of Approval as identified during entitlement. 80. Letter of Permission/Easement. The developer shall obtain documents (letters of permission or easements) for any offsite work performed on adjoining properties. The document's format is as directed by, and shall be submitted to, Public Works for acceptance. The document information shall be noted on the approved grading plan. 81. Sight Distance. The developer shall limit landscaping in the corner cut-off area of all street intersections and adjacent to driveways to provide for minimum sight distance and visibility. 82. Habitat Conservation Fee. The developer shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in the ordinance or by providing documented evidence that the fees have already been paid. Prior to Issuance of Encroachment Permit(s) 83. Public Utility Agency Work. The developer shall submit all relevant documentation due to encroaching within City right-of-way; and is responsible for any associated costs and for making arrangements with each applicable public utility agency. 84. Traffic Control Plans. A construction area traffic control plan (TCP) will be required for lane closures and detours or other disruptions to traffic circulation; and shall be reviewed and approved by Public Works. The TCP shall be designed by a registered civil or traffic engineer in conformance with the latest edition of the Caltrans Manual on Uniform Traffic Control Devices (MUTCD) and City standards. 85. Improvement Plans. All improvement plans (including but not limited to street, storm drain, traffic) shall be reviewed and approved by Public Works. 86. Street Trenching. All street trenches shall conform to City Standard No. 407; refer to the City's Paving Notes. Prior to Issuance of Building Permit(s) 87. Final Mao. Prior to the issuance of the first building permit, Parcel Map No. 37081 shall be approved and recorded. 88. Construction of Street Improvements. All street improvement plans shall be approved by Public Works. The developer shall start construction of all public street improvements, as outlined below, in accordance to the City's Old Town Specific Plan and corresponding City standards. All street improvement designs shall provide adequate right-of-way and pavement transitions per Caltrans' standards to join existing street improvements. a. Improve Old Town Front Street along property frontage — (Old Town Specific Plan Standard) to include installation of sidewalk, streetlights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) b. Improve Mercedes Street along property frontage — (Old Town Specific Plan Standard) to include installation of half -width street improvements plus twelve feet, paving, rolled curb and gutter, sidewalk, streetlights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). c. Improve Third Street along property frontage — (Old Town Specific Plan Standard modified) to include installation of half -width street improvements plus twelve feet, paving, rolled curb and gutter, sidewalk, streetlights, drainage facilities, signing and striping, pavers, utilities (including but not limited to water and sewer). d. Complete Third Street improvements from Old Town Front Street to Mercedes Street to include full width (40 feet wide) paving. e. Improve alley along Parcel 2 — (City of Temecula Standard modified width to 20 feet) — to include installation of full alley improvements from the westerly property boundary to Mercedes Street, paving, concrete ribbon gutter, drainage facilities, utilities (including but not limited to water and sewer). 89. Undergrounding Wires. All existing and proposed electrical and telecommunication lines, except electrical lines rated 34KV or greater, shall be installed underground per Title 15, Chapter 15.04 of the Temecula Municipal Code and utility provider's standards. The developer is responsible for any associated costs, for making arrangements with each utility agency and for obtaining the necessary easements 90. Street Lights. The developer shall submit a completed SCE street light application, an approved SCE Streetlight Plan and pay the advanced energy fees. If not obtaining a building permit, this shall be done prior to installation of additional street lighting. All costs associated with the relocation of any existing street lights shall be paid by the developer. 91. Certifications. Certifications are required from the registered civil engineer -of -record certifying the building pad elevation(s) per the approved plans and from the soil's engineer -of -record certifying compaction of the building pad(s). Prior to Issuance of a Certificate of Occupancy 92. Completion of Improvements. The developer shall complete all work per the approved plans and Conditions of Approval to the satisfaction of the City Engineer. This includes all on site work (including water quality facilities), public improvements and the executed WQMP Operation and Maintenance agreement. 93. Utility Agency Clearances. The developer shall receive written clearance from applicable utility agencies (i.e., Rancho California and Eastern Municipal Water Districts, etc.) for the completion of their respective facilities and provide to Public Works. 94. Replacement of Damaged Improvements/Monuments. Any appurtenance damaged or broken during development shall be repaired or removed and replaced to the satisfaction of Public Works. Any survey monuments damaged or destroyed shall be reset per City Standards by a qualified professional pursuant to the California Business and Professional Code Section 8771. 95. Certifications. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by Public Works. BUILDING AND SAFETY DIVISION General Requirements 96. Final Building and Safety Conditions. Final Building and Safety conditions will be addressed when building construction plans are submitted to Building and Safety for review. These conditions will be based on occupancy, use, the California Building Code (CBC), and related codes which are enforced at the time of building plan submittal. 97. Compliance with Code. All design components shall comply with applicable provisions of the 2016 edition of the California Building, Plumbing and Mechanical Codes; 2016 California Electrical Code; California Administrative Code, 2016 California Energy Codes, 2016 California Green Building Standards, California Title 24 Disabled Access Regulations, and City of Temecula Municipal Code. 98. ADA Access. Applicant shall provide details of all applicable disabled access provisions and building setbacks on plans to include: a.. Disabled access from the public way to the main entrance of the building. b.. Van accessible parking located as close as possible to the main entry. c. Disabled access from parking to furthest point of improvement. d.. Disabled access from public right-of-way to all public areas on site, such as club house, trash enclose tot lots and picnic areas. 99. County of Riverside Mount Palomar Ordinance. Applicant shall submit, at time of plan review, a complete exterior site lighting plan showing compliance with County of Riverside Mount Palomar Ordinance Number 655 for the regulation of light pollution. All streetlights and other outdoor lighting shall be shown on electrical plans submitted to the Building and Safety Division. Any outside lighting shall be hooded and aimed not to shine directly upon adjoining property or public rights-of-way. All exterior LED light fixtures shall be 3,000 kelvin or below. 100. Street Addressing. Applicant must obtain street addressing for all proposed buildings by requesting street addressing and submitting a site plan for commercial or multi -family residential projects or a recorded final map for single-family residential projects. 101. Clearance from TVUSD. A receipt or clearance letter from the Temecula Valley Unified School District shall be submitted to the Building and Safety Department to ensure the payment or exemption from School Mitigation Fees. 102. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 103. Obtaining Separate Approvals and Permits. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. Solid covers are required over new and existing trash enclosures. 104. Demolition. Demolition permits require separate approvals and permits. 105. Sewer and Water Plan Approvals. On-site sewer and water plans will require separate approvals and permits. 106. Hours of Construction. Signage shall be prominently posted at the entrance to the project, indicating the hours of construction, as allowed by the City of Temecula Municipal Ordinance 9.20.060, for any site within one-quarter mile of an occupied residence. The permitted hours of construction are Monday through Saturday from 7:00 a.m. to 6:30 p.m. No work is permitted on Sundays and nationally recognized Government Holidays. 107. House Electrical Meter. Provide a house electrical meter to provide power for the operation of exterior lighting, irrigation pedestals and fire alarm systems for each building on the site. Developments with single user buildings shall clearly show on the plans how the operation of exterior lighting and fire alarm systems when a house meter is not specifically proposed. 108. Protection of drains and penetration. Protection of joints and penetrations in fire resistance -rated assemblies shall not be concealed from view until inspected for all designed fire protection. Required fire seals/fire barriers in fire assemblies at fire resistant penetrations shall be installed by individuals with classification or certification covering the installation of these systems. Provide certification for the installation of each area and certification of compliance for Building Official's approval. At Plan Review Submittal 109. Submitting Plans and Calculations. Applicant must submit to Building and Safety four (4) complete sets of plans and two (2) sets of supporting calculations for review and approval including: a. An electrical plan including load calculations and panel schedule, plumbing schematic, and mechanical plan applicable to scope of work. b. A Sound Transmission Control Study in accordance with the provisions of the Section 1207, of the 2016 edition of the California Building Code. c. A precise grading plan to verify accessibility for persons with disabilities. d. Truss calculations that have been stamped by the engineer of record of the building and the truss manufacturer engineer. Prior to Issuance of Grading Permit(s) 110. Onsite Water and Sewer Plans. Onsite water and sewer plans, submitted separately from the building plans, shall be submitted to Building and Safety for review and approval. 111. Demolition Permits. A demolition permit shall be obtained if there is an existing structure to be removed as part of the project. Prior to Issuance of Building Permit(s) 112. Plans Require Stamp of Registered 'Professional. Applicant shall provide appropriate stamp of a registered professional with original signature on the plans. Prior to Beginning of Construction 113. Pre -Construction Meeting. A pre -construction meeting is required with the building inspector prior to the start of the building construction. FIRE PREVENTION General Requirements 114. Fire Hydrants. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix C. Standard fire hydrants (6" x 4" x (2) 2 1/2" outlets) shall be located on fire access roads and adjacent public streets. For all Commercial projects hydrants shall be spaced at 350 feet apart. The required fire flow shall be available from any adjacent hydrant(s) in the system, public or private. This applies to both the Hotel and Parking Structure. The upgrade of existing fire hydrants may be required (CFC Appendix C and Temecula City Ordinance 15.16.020). 115. Fire Dept. Plan Review. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 116. Hre Flow. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial and residential buildings per CFC Appendix B. The developer shall provide for this project, a water system capable of delivering 4,000 GPM at 20 -PSI residual operating pressure for a 4 -hour duration for commercial projects. The fire flow as given above has taken into account all information as provided. This applies to all private and public fire hydrants. If public hydrants are being used to protect your property, they must meet the required fire flow set forth by the city of Temecula Municipal Code. (CFC Appendix B and Temecula City Ordinance 15.16.020). 117. Fire Requirement. The fire sprinkler riser room on the hotel will require direct exterior access on to Mercedes and will house the detector check valve assembly unit, the fire sprinkler riser(s) and fire alarm control panel. It will not share with any other equipment, including trash. The fire sprinkler riser room for the parking structure will face Third Street with direct exterior access and will house the detector check valve assembly unit, the fire sprinkler riser(s) and fire alarm control panel. It will not share with any other equipment, including trash. Prior to Issuance of Grading Permit(s) 118. Access Road Widths. Fire Department vehicle access roads shall have an unobstructed width of not less than 24 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches (CFC Chapter 5 and City Ordinance 15.16.020). 119. All Weather Access Roads. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be with a surface to provide all-weather driving capabilities. Access roads shall be 80,000 lbs. GVW with a minimum of AC thickness of .25 feet. In accordance with Section 3310.1, prior to building construction, all locations where structures are to be built shall have fire apparatus access roads. (CFC Chapter 5 and City Ordinance 15.16.020). Prior to Issuance of Building Permit(s) 120. Required Submittals (Fire Underground Water). The developer shall furnish three copies of the water system plans to the Fire Prevention Bureau for approval prior to installation for all private water systems pertaining to the fire service line. Plans shall be signed by a registered civil engineer, contain a Fire Prevention Bureau approval signature block, and conform to hydrant type, location, spacing and minimum fire flow standards. Hydraulic calculations will be required with the underground submittal to ensure fire flow requirements are being met for the public fire hydrants. The plans must be submitted and approved prior to building permit being issued. Any equipment being placed inside the fire sprinkler riser room needs to be indicated on this plan and coordinated with Rancho California Water District. The detector check valve assembly unit will be required to be placed inside the fire sprinkler riser room. Two sets of plans and permits will be required as the parking structure will have a permit for their underground and the hotel will have a permit for their underground. (CFC Chapter 33 and Chapter 5). 121. Required Submittals (Fire Sprinkler Systems). Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. These plans must be submitted prior to the issuance of building permit. This equipment will be placed in the fire sprinkler riser room that will house only fire suppression equipment. The fire sprinkler riser room will be located off of Mercedes Drive and the door will be accessible off of Mercedes Drive. Afire sprinkler riser room for the parking structure will be located off of Third Street. A permit will be required for the parking structure and a separate permit will be required for the hotel. 122. Required Submittals (Fire Alarm Systems). Fire alarm plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. The fire alarm system is required to have a dedicated circuit from the house panel. These plans must be submitted prior to the issuance of building permit. The fire alarm control panel will be located in the fire sprinkler riser room. A permit will be required for the parking structure and a separate permit will be required for the hotel. Prior to Issuance of Certificate of Occupancy 123. Hydrant Verification. Hydrant locations shall be identified by the installation of reflective markers (blue dots). This applies to both public and private hydrants. (City Ordinance 15.16.020). 124. Addressing. New buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Commercial buildings shall have a minimum of 12 -inch numbers with suite numbers being a minimum of six inches in size. All suites shall have a minimum of 6 -inch high letters and/or numbers on both the front and rear doors. (CFC Chapter 5 and City Ordinance 15.16.020). 125. Knox Box. A "Knox -Box" shall be provided. The Knox -Box shall be installed a minimum of six feet in height and be located to the right side of the fire riser sprinkler room. This will be located off of Mercedes Drive. (CFC Chapter 5). 126. Site Plan. Prior to final inspection of any building, the applicant shall prepare and submit to the Fire Department for approval, a site plan designating fire lanes with appropriate lane painting and/or signs (CFC Chapter 5) WARREN D. WILLIAMS General IN/Tanager-Chief Engineer City of Temecula Planning Department Post Office Box 9033 Temecula, CA 92589-9033 Attention: Eric Jones RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT March 1, 2016 Ladies and Gentlemen: Re: PA 16-0270 1995 MARKET STREET RIVERSIDE, ('A 92501 951.955.1200 FAX 95 1.788.9965 www.rcflood.org 202968 The District does not normally recommend conditions for land divisions or other land use cases in incorporated cities. The District also does not plan check city land use cases, or provide State Division of Real Estate letters or other flood hazard reports for such cases. District comments/recommendations for such cases are normally limited to items of specific interest to the District including District Master Drainage Plan facilities, other regional flood control and drainage facilities which could be considered a logical component or extension of a master plan system, and District Area Drainage Plan fees (development mitigation fees). In addition, information of a general nature is provided. The District has not reviewed the proposed project in detail and the following comments do not in any way constitute or imply District approval or endorsement of the proposed project with respect to flood hazard, public health and safety or any other such issue: 1. This project would not be impacted by District Master Drainage Plan facilities nor are other facilities of regional interest proposed. 2. This project is located within the limits of the District's Murrieta Creek/Temecula Valley Area Drainage Plan for which drainage fees have been adopted; applicable fees should be paid by cashier's check or money order only to the Flood Control District or City prior to issuance of grading permits. Fees to be paid should be at the rate in effect at the time of issuance of the actual permit. GENERAL INFORMATION This project may require a National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. Clearance for grading, recordation or other Final approval should not be given until the City has determined that the project has been granted a permit or is shown to be exempt. If this project involves a Federal Emergency Management Agency (FEMA) mapped floodplain, the City should require the applicant to provide all studies, calculations, plans and other information required to meet FEMA requirements, and should further require the applicant obtain a Conditional Letter of Map Revision (CLOMR) prior to grading, recordation or other final approval of the project, and a Letter of Map Revision (LOMR) prior to occupancy. If a natural watercourse or mapped floodplain is impacted by this project, the City should require the applicant to obtain a Section 1602 Agreement from the California Department of Fish and Wildlife and a Clean Water Act Section 404 Permit from the U.S. Army Corps of Engineers, or written correspondence from these agencies indicating the project is exempt from these requirements. A Clean Water Act Section 401 Water Quality Certification may be required from the local California Regional Water Quality Control Board prior to issuance of the Corps 404 permit. Very truly yours, 1OLCVO Engineering Project Manager c: Riverside County Planning Depatturent Attn: K.-isti Lovelady SKM:blm 04EN TA ler County of Riverside DEPARTMENT OF ENVIRONMENTAL HEALTH '• w P.O. BOX 7909 • RIVERSIDE, CA 92513-7909 ¢FR�`°' STEVE VAN STOCKUM, DIRECTOR May 10, 2017 City of Temecula Planning Department Attn: Eric Jones 41000 Main Street Temecula, CA 92590 SUBJECT: CITY OF TEMECULA — PA16-0270 — Boutique Hotel Development Plan APN: 922-043-002 PA16-1450 — Parcel Map to convert two existing parcels into one APN:922- 044-020 PA16-1451 — Parcel Map to merge eight parcels into one to allow the development of a hotel APN: 922-043-002 Dear Mr. Jones: The projects listed in the subject heading of this are projects that have been proposed for the development of a 5 story hotel generally located along the south side of 3'" street between Old Town Front Street and Mercedes Street in the city of Temecula. The Department of Environmental Health (DEH) offers the following comments: WATER AND WASTEWATER A general condition shall be placed on this project indicating that it will be serviced by Rancho California Water District (RCWD) for water and Eastern Municipal Water District (EMWD) for sanitary sewer service. As the sewer agency, EMWD shall have the responsibility of determining any grease interceptor or other requirements, including but not limited to sizing capacity and other structural specifications. Please note that it is the responsibility of the proposed facility to ensure that all requirements to receive potable water service and sanitary sewer service are met with the appropriate purveyors, as well as, all other applicable agencies. uttice Locations • Blythe • Corona • Hemet • Indio • Murrieta • Palm Springs • n,.. 'RR2)7?? 1234 www.rivcoeh.org • id 1 Note: A General Condition shall be placed on this project indicating that any existing wells and/or existing onsite wastewater treatment systems (OWTS) shall be properly removed and/or destroyed under permit with the Department of Environmental Health (DEH). ENVIRONMENTAL CLEANUP PROGRAM (ECP) The Environmental Cleanup Program (ECP) has reviewed the environmental site assessment documents submitted for this project and has the following comments and conditions. The "Phase I Environmental Site Assessment, 41934 and 41956 Third Street, APN's 922-043- 002, 003, 004, 015, and 018" prepared by LGC Geo -Environmental, Inc., dated March 3, 2017, states that paint cans and a full unlabeled 50 -gallon drum were observed onsite. The 50 -gallon drum is located adjacent to the paint cans behind building 3. The paint and 50 -gallon drum are to be disposed of in accordance with applicable regulations. Soil sampling may be necessary if soil staining or contamination is discovered. The report also states that due to the age of the structures on site that an asbestos and lead survey be conducted prior to demolition. It was also noted that a well is located on the property in a small well house in the southern portion of the property. The well shall be destroyed according to all applicable regulations. A well destruction permit shall be obtained from our office prior to conducting work. The "Phase I Environmental Site Assessment, APNs 922-043-023, -024 And -025" prepared by GeoTek, Inc., dated September 9, 2014, states that "...soils near or in contact with the numerous railroad ties associated with the Site structures should be sampled and testing in the laboratory for elevated concentrations of creosote, dioxins, total petroleum hydrocarbons (TPH) and volatile organic compounds (VOC)". The ECP concurs with the recommendation of soil sampling and analysis of Site soils near or in contact with the railroad ties. Based on the results additional assessment may be required. Soil sampling and analysis shall be conducted and reported to the ECP for review and acceptance prior to issuance of a grading permit. HAZARDOUS MATERIALS MANAGEMENT BRANCH (HMMB) Prior to conducting a Building Final, the facility shall require a business emergency plan for the storage of any hazardous materials, greater than 55 gallons, 200 cubic feet or 500 pounds, or any acutely hazardous materials or extremely hazardous substances. If further review of the site indicates additional environmental health issues, HMMB reserves the right to regulate the business in accordance with applicable County Ordinances. Please contact HMMB at (951) 358- 5055 to obtain information regarding any additional requirements. DISTRICT ENVIRONMENTAL SERVICES — PUBLIC/SEMI-PUBLIC FOOD D_ FACILITY AND POOL AND SPA Prior to issuance of a building permit, the applicant shall be required to contact DEH District Environmental Services to determine the appropriate food facility plan check and/or permitting requirements. For further information, please call (951) 461-0284. County of Riverside, Department of Environmental Health District Environmental Services - Murrieta Office 38740 Sky Canyon Drive, Suite "A" Murrieta CA 92563 Should you have any further questions or require further assistance, please contact me by email at kakim@lrivcocha.org or by phone at (951) 955-8980. Sincerely, Kristine Kim, REHS Environmental Protection and Oversight Division Land Use and Water Resources Program SR35512 040E ki z. tar OF RI County of Riverside DEPARTMENT OF ENVIRONMENTAL HEALTH June 15, 2017 Eric Jones City of Temecula Planning Department 41000 Main Street Temecula, CA 92590 P.O. BOX 7909 • RIVERSIDE, CA 92513-7909 STEVE VAN STOCKUM, DIRECTOR RE: CITY OF TEMECULA — Proposed Truax Hotel Development. Planning Applications PA16-0270 (APN 922-043-002); PA16-1450 (APN 922-044-020); and PA16-1451 (APN 922-043-002). Dear Mr. Jones, As a condition ofproject approval, the City of Temecula requires the Riverside County Department of Environmental Health Environmental Cleanup Program (RCDEH-ECP) to provide clearance for PA16-0270, PA16-1451 and PA16-1450. RCDEH-ECP has reviewed the Phase I Environmental Site Assessment, 41934 and 41956 Third Street, APN's 922-043-002, 003, 004, 015, and 018 (LGC Geo -Environmental, Inc., March 3, 2017); Phase I Environmental Site Assessment, APNs 922-043-023, -024 And -025 (GeoTek, Inc., September 9, 2014); Revised Addendum Report on Interpretation of Laboratory Data of Soil Specimen Testing; of APN's 922- 043-023, -024, and -025, in the City of Temecula, Riverside County, California (LGC Geo - Environmental, Inc., June 15, 2017) and other site data. These documents present the findings of the environmental assessment and sampling conducted at the Site. Based on the information provided in the documents, and with the provision that the information was accurate and representative of site conditions, RCDEH-ECP concludes that no further environmental assessment is required for this project. RCDEH-ECP recommends the City of Temecula provide clearance for Planning Applications PA 16-0270, PA 16-1451 and PA 16-1450. This clearance pertains only to the environmental site assessment conducted for this project. Additional clearances may be required from other programs within the Department. As with any real property, if a previously unidentified release or threatened release of a hazardous material or the presence of a naturally occurring hazardous material is discovered during development at the site, construction activities shall cease and RCDEH-ECP shall be notified immediately. If you have any questions, please contact me by telephone at (951) 955-8980 or by email at avrevesi i rivco.org. Sincerely, Yffunne Reyes, RENS Environmental Health Specialist IV Reviewed by, nnww Sharon Boltinghouse Associate Public Hea t Professional Geologist April 22, 2016 Hector Correa HLC Civil Engineering 39281 Via Cadiz Murrieta, CA 92563 emwd Subject: SAN53 — Will Serve TPM 37081 and APNs: 922-043-002 thru 004, 922-043-015, 922- 043-018 & 922-043-023 thru 025, 922-044-017 & 922-044-020 — Boutique Hotel Development Plan Dear Mr. Correa Eastern Municipal Water District (EMWD) is willing to provide sewer service to the subject project. The provisions of service are contingent upon the developer completing the necessary arrangements in accordance with EMWD rules and regulations. EMWD expects the developer to provide proper notification when a water demand assessment is required pursuant to Senate Bill 221 and/or 610. EMWD expects the developer to coordinate with the approving agency for the proper notification. Further arrangements for the service from EMWD may also include plan check, facility construction, inspection, jurisdictional annexation, and payment of financial participation charges. The developer is advised to contact EMWD's New Business Development Department early in the entitlement process to determine the necessary arrangements for service, and to receive direction on the preparation of a facility Plan -of -Service, which is required prior to final engineering. EMWD's ability to serve is subject to limiting conditions, such as regulatory requirements, legal issues, or conditions beyond EMWD's control. Expiration - one year from date of issue Thank you for your cooperation in serving our mutual customers. If you have any questions, please call me at (951) 928-3777, extension 4309. Sincerely, f/ at;;Act Edmn 1d Chew Civil Engineering Associate New Business Department Eastern Municipal Water District EC:cms 2270 Trumble Road • PO. Box 8300 • Perris, CA 925728300 T 951.928.3777 • F 951,928.6177 emwd.org EASTERN MUNICIPAL WATER DISTRICT Rancho water Board of Directors Stephen J. Corona President Ben R. Drake Senior Vice President Lisa D. Herman John E. Hoagland Danny J. Marlin 1Villium E. Plummer Bill J. Wilson Officers Jeffrey D. Armstrong General Manager Eva Plujzer, P.E. Assistant General Manager Engineenng and Operations Richard R. Aragon, CPFO Director of fmancerrreasurer Jason A. Martin Director of Administration Andrew L. Webster, P.E. Chief Engineer Kelli E. Garcia District Secretary James B. Gilpin Best Best & Krieger LLP General Counsel April 25, 2017 Eric Jones City of Temecula Post Office Box 9033 Temecula, CA 92589-9033 SUBJECT: WATER AVAILABILITY 41934 3RD STREET; PARCEL NOS. 1, 2, AND 3, BLOCK NOS. 17 THROUGH 26; APNS 922-043-002, 922-043-003, 922-043-004, 922-043-015, 922-043-017, 922-043-018, 922-043-020, 922-043-022, 922-043-023, 922-043-024, AND 922-043-025; PA 16-0270 [CHRISTOPHER CAMPBELL] Dear Mr. Jones: Please be advised that the above -referenced project/property is located within the service boundaries of Rancho California Water District (RCWD/District). The subject project/property fronts an existing 6 -inch diameter water pipeline (1305 Pressure Zone) within 3rd Street and an existing 24 -inch diameter water pipeline (1305 Pressure Zone) within Mercedes Street. Please refer to the enclosed exhibit map. Water service to the subject project/property exists under Account No. 3004796, Location No, 2003818. Additions or modifications to water/sewer service arrangements are subject to the Rules and Regulations (governing) Water System Facilities and Service, as well as the completion of financial arrangements between RCWD and the property owner. Water service to individual Tots will require the extension of water facilities within dedicated public and/or private right-of-ways. Individual water meters will be required for each lot and/or project unit, including separate water services/meters for domestic service, fire service, and landscape irrigation service, as applicable. Beginning in 2018, newly constructed multi -unit residential structures are required to measure the quantity of water supplied to each individual residential dwelling unit. Where private on-site water facilities (for water service, fire service, irrigation, or other purpose) will cross or will be shared amongst multiple lots/project units (only by special variance of the Rules and Regulations), and/or where such 'common' facilities will be owned and maintained by a Property Owners' Association, RCWD requires execution and recordation of a Reciprocal Easement and Maintenance Agreement or equivalent document of covenants, codes, and restrictions. Rancho California Water District Eric Jones/City of Temecula April 25, 2017 Page Two Water availability is contingent upon the property owner(s) signing an Agency Agreement that assigns water management rights, if any, to RCWD. In addition, water availability is subject to water supply shortage contingency measures in effect (pursuant to RCWD's Water Shortage Contingency Plan or other applicable ordinances and policy), and/or the adoption of a required Water Supply Assessment for the development, as determined by the Lead Agency. There is no recycled water currently available within the limits established by Resolution 2007- 10-5. Should recycled water become available in the future, the project/property may be required to retrofit its facilities to make use of this availability in accordance with Resolution 2007-10-5. Recycled water service, therefore, would be available upon construction of any required on-site and/or off-site recycled water facilities and the completion of financial arrangements between RCWD and the property owner. Requirements for the use of recycled water are available from RCWD. As soon as feasible, and prior to the preparation of California Environmental Quality Act (CEQA) documents, the project proponent should contact RCWD for a determination of existing water system capability, based upon project -specific demands and/or fire flow requirements, as well as a determination of proposed water facilities configuration. If new facilities are required for service, fire protection, or other purposes, the project proponent should contact RCWD for an assessment of project -specific fees and requirements Sewer service to the subject project/property, if available, would be provided by Eastern Municipal Water District. If no sewer service is currently available to the subject project/property, all proposed waste discharge systems must comply with the State Water Resources Control Board, health department, and/or other requirements as they relate to the protection of groundwater quality, pursuant to RCWD's Groundwater Protection Policy. If you should have any questions or need additional information, please contact an Engineering Services Representative at the District office at (95 1) 296-6900. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Erica Peter Engineering Technician Enclosure: Exhibit Map cc: Jeff Kirshberg, Water Resources Manager Gregory Gill, Associate Engineer Corry Smith. Engineering Services Supervisor Christopher Campbell, Walt Allen Architects 171EP:hab0141 45O\FEO Rancho California water District l iro,41 = Pc=r tllce ticv 901 7 = rcnrccula, Cnlriornio 92589-901; . i95 f 6 6U=.+rnelw++uterconn W Z �� � PC RESOLUTION NO. 17-34 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A MINOR EXCEPTION APPLICATION TO ALLOW FOR AN INCREASE IN CONNECTION WITH THE TRUAX PARKING GARAGE (APNS: 922-044-017, 922-044-020)" (PA17-1020) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On February 22, 2016, Chris Campbell of Walter R. Allen Architect + Associates filed Planning Application No. PA16-0270, a Development Plan. On January 23, 2017, Gary Thornhill, on behalf of the Truax Group submitted Planning Application No. PA17-0109, a Specific Plan Amendment. On June 30, 2017, Ross Jackson on behalf of the Truax Group, submitted Planning Application PA17-1020, a Minor Exception. These applications (collectively "Project") were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. Collectively, the Project consists of a relocation of a portion of the existing Hotel Overlay contained within the Old Town Specific Plan to allow for the development of a full service hotel. The Project also includes a Minor Exception to increase the allowable building height for a parking garage that will be constructed across the street from the hotel. 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. D. Pursuant to the California Environmental Quality Act (CEQA) (Pub. Res. Code § 21000, et seq.) and the State CEQA Guidelines (14 Cal. Code Regs. § 14000, et seq.), the City is the lead agency for the Project. E. The Old Town Specific Plan was amended in 2010. An Environmental Impact Report was prepared and certified at a public hearing as part of the amendment process. F. A Subsequent Environmental Impact Report (SEIR), Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations were prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA"). Thereafter, City staff circulated a Notice of Completion indicating the public comment period and intent to adopt the SEIR as required by law. The public comment period commenced via the State Clearing House from May 2, 2017 through June 15, 2017. A Notice of Availability was also sent to adjacent property owners indicating a review period of May 2, 2017 through June 15, 2017. The Notice of Availability was also printed in the San Diego Union Tribune, a newspaper of general circulation within the City of Temecula. Copies of the documents have been available for public review and inspection at the offices of the Community Development Department, located at City Hall, 41000 Main Street, Temecula, California 92590; the Ronald H. Roberts Temecula Public Library located at 30600 Pauba Road; Temecula Grace Mellman Community Library located 41000 County Center Drive; and the City of Temecula website. G. On August 16, 2017, the Planning Commission considered the Final Subsequent Environmental Impact Report ("SEIR"), Planning Application Nos. PA17-0109, Specific Plan Amendment; PA16-0270, Minor Exception, and Development Plan; PA17- 1020, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support of or opposition to this matter. H. Following consideration of the entire record before it at the public hearing and due consideration of the Project the Planning Commission adopted Resolution No. 17-31, "A RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL CERTIFY THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT, ADOPT ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPT A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPT A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE TRUAX HOTEL PROJECT, CONSISTING OF APPROXIMATELY 2.46 ACRES GENERALLY LOCATED ON THE NORTH AND SOUTH SIDE OF 3RD STREET BETWEEN OLD TOWN FRONT STREET AND MERCEDES STREET (APNS: 922-043-002, 922-043-004, 922-043-018, 922-043-024, 922-043-003, 922-043-015, 922-043-023, 922-043-025, 922-044-017, AND 922-044- 020." Resolution No. 17-31 and the findings therein are hereby incorporated by this reference as set forth therein. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Commission, in recommending approval of Minor Exception application PA17-1020, pursuant to Temecula Municipal Code section 17.03-060 hereby finds, determines and declares: A. That there are practical difficulties or unnecessary hardships created by strict application of the code due to the physical characteristics of the property; The property increases in slope between Old Town Front Street and Mercedes Street. This slope makes it difficult to design a parking garage with the appropriate maneuverability for vehicles. The additional 15% of building height permitted by the Minor Exception will allow enough extra space to ensure all design requirements are met in an aesthetically compatible manner. B. The minor exception does not grant special privileges which are not otherwise available to surrounding properties and will not be detrimental to the public welfare or to the property of other persons located in the vicinity; The Minor Exception does not grant special privileges which are not otherwise available to surrounding properties. The Minor Exception is not anticipated to be detrimental to the public welfare or to the property of other persons located in the vicinity. This is because the Minor Exception will simply allow for an increase in height of 7'-5" for architectural elements of the parking structure. Lowering the structure to the height required by the Specific Plan will create elevations that are aesthetically substandard. C. The Minor Exception places suitable conditions on the property to protect surrounding properties and does not permit uses which are not otherwise allowed in the zone. The Minor Exception is part of a series of applications designed to allow for the construction of a full-service hotel and corresponding parking garage. A SEIR has also been prepared for the project. The conditions of approval and Mitigation Monitoring and Reporting Program will provide suitable conditions and mitigation for the project that will protect surrounding properties. Section 3. Recommendation. The Planning Commission of the City of Temecula recommends that the City Council adopt a resolution entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A MINOR EXCEPTION APPLICATION TO ALLOW FOR AN INCREASE IN BUILDING HEIGHT FOR A PARKING GARAGE IN CONNECTION WITH THE TRUAX HOTEL PROJECT,' subject to the conditions of approval, in substantially the same form attached to this Resolution as Exhibit "A", and incorporated herein by this reference. Section 4. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 16th day of August, 2017. John Telesio, Chairperson ATTEST: Luke Watson Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 17-34 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 16th day of August, 2017, by the following vote: AYES: 5 PLANNING COMMISSIONERS: Guerriero, Telesio, Turley-Trejo, Watts, Youmans NOES: 0 PLANNING COMMISSIONERS None ABSENT: 0 PLANNING COMMISSIONERS None ABSTAIN: 0 PLANNING COMMISSIONERS None Luke Watson Secretary EXHIBIT A CITY COUNCIL RESOLUTION RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A MINOR EXCEPTION APPLICATION TO ALLOW FOR AN INCREASE IN BUILDING HEIGHT FOR A PARKING GARAGE IN CONNECTION WITH THE TRUAX HOTEL PROJECT (APN: 922-044-017, 922-044-020) (PA17-1020) 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. On February 22, 2016, Chris Campbell of Walter R. Allen Architect + Associates filed Planning Application No. PA16-0270, a Development Plan. On January 23, 2017, Gary Thornhill, on behalf of the Truax Group submitted Planning Application No. PA17-0109, a Specific Plan Amendment. On June 30, 2017, Ross Jackson on behalf of the Truax Group, submitted Planning Application PA17-1020, a Minor Exception. These applications (collectively "Project") were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. Collectively, the Project consists of a relocation of a portion of the existing Hotel Overlay contained within the Old Town Specific Plan to allow for the development of a full service hotel. The Project also includes a Minor Exception to allow for an increase in allowable building height for a parking structure that will be constructed across the street from the hotel. 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. D. Pursuant to the California Environmental Quality Act (CEQA) (Pub. Res. Code § 21000, et seq.) and the State CEQA Guidelines (14 Cal. Code Regs. § 14000, et seq.), the City is the lead agency for the Project. E. The Old Town Specific Plan was amended in 2010. An Environmental Impact Report was prepared and certified at a public hearing as part of the amendment process. F. A Subsequent Environmental Impact Report (SEIR), Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations were prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA"). Thereafter, City staff circulated a Notice of Completion indicating the public comment period and intent to adopt the SEIR as required by law. The public comment period commenced via the State Clearing House from May 2, 2017 through June 15, 2017. A Notice of Availability was also sent to adjacent property owners indicating a review period of May 2, 2017 through June 15, 2017. The Notice of Availability was also printed in the San Diego Union Tribune, a newspaper of general circulation within the City of Temecula. Copies of the documents have been available for public review and inspection at the offices of the Community Development Department, located at City Hall, 41000 Main Street, Temecula, California 92590; the Ronald H. Roberts Temecula Public Library located at 30600 Pauba Road; Temecula Grace Mellman Community Library located 41000 County Center Drive; and the City of Temecula website. G. On August 16, 2017, the Planning Commission considered the Final Subsequent Environmental Impact Report (SEIR) Planning Application Nos. PA17- 0109, Specific Plan Amendment; PA17-1020, Minor Exception; and PA16-0270, Development Plan; at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support of or opposition to this matter. H. Following consideration of the entire record before it at the public hearing and due consideration of the Project the Planning Commission adopted Resolution No. "A RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL CERTIFY THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT, ADOPT ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPT A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPT A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE TRUAX HOTEL PROJECT, CONSISTING OF APPROXIMATELY 2.46 ACRES GENERALLY LOCATED ON THE NORTH AND SOUTH SIDE OF 3RD STREET BETWEEN OLD TOWN FRONT STREET AND MERCEDES STREET (APNS: 922-043-002, 922-043-004, 922-043-018, 922-043-024, 922-043-003, 922-043-015, 922-043-023, 922-043-025, 922-044-017, AND 922-044- 020.". I. At the conclusion of the Planning Commission hearing and after due consideration of the entire record before the Planning Commission hearing, and after due consideration of the testimony regarding the proposed Project, the Planning Commission adopted Resolution No. , "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A MINOR EXCEPTION APPLICATION TO ALLOW FOR AN INCREASE IN BUILDING HEIGHT FOR A PARKING GARAGE IN CONNCECTION WITH THE TRUAX HOTEL PROJECT. (APN: 922-044-017, 922-044-020)" J. On the City Council of the City of Temecula considered the Project and the Final SEIR, Mitigation Monitoring and Reporting Program, and 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 Project and the Final SEIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations prior to and at the public hearing. K. Following the public hearing, the Council adopted Resolution No. 17- "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT, ADOPTING FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE TRUAX HOTEL PROJECT, CONSISTING OF APPROXIMATELY 2.46 ACRES GENERALLY LOCATED ON THE NORTH AND SOUTH SIDE OF 3RD STREET BETWEEN OLD TOWN FRONT STREET AND MERCEDES STREET (APNS: 922- 043-002, 922-043-004, 922-043-018, 922-043-024, 922-043-003, 922-043-015, 922- 043-023, 922-043-025, 922-044-017, AND 922-044-020)." Resolution No. 17- and the findings therein are hereby incorporated by this reference as set forth in full. L. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Legislative Findings. The City Council in approving the Minor Exception, pursuant to Temecula Municipal Code Section, 17.03.060, hereby finds, determines and declares that: A. That there are practical difficulties or unnecessary hardships created by strict application of the code due to the physical characteristics of the property; The property increases in slope between Old Town Front Street and Mercedes Street. This slope makes it difficult to design a parking garage with the appropriate maneuverability for vehicles. The additional 15% of building height permitted by the Minor Exception will allow enough extra space to ensure all design requirements are met in an aesthetically compatible manner. B. The minor exception does not grant special privileges which are not otherwise available to surrounding properties and will not be detrimental to the public welfare or to the property of other persons located in the vicinity; The Minor Exception does not grant special privileges which are not otherwise available to surrounding properties. The Minor Exception is not anticipated to be detrimental to the Public welfare or to the property of other persons located in the vicinity. This is because the Minor Exception will simply allow for an increase in height of 7'-5" for architectural elements of the parking structure. Lowering the structure to the height required by the Specific Plan will create elevations that are aesthetically substandard. C. The Minor Exception places suitable conditions on the property to protect surrounding properties and does not permit uses which are not otherwise allowed in the zone. The Minor Exception is part of a series of applications designed to allow for the construction of a full-service hotel and corresponding parking garage. A SEIR has also been prepared for the project. The conditions of approval and Mitigation Monitoring and Reporting Program will provide suitable conditions and mitigation for the project that will protect surrounding properties. Section 3. Conditions of Approval. The City Council of the City of Temecula approves Planning Application No. PA17-1020, a Minor Exception to allow for an increase in building height for the parking garage, subject to the Conditions of Approval set forth in Exhibit A, attached hereto, and incorporated herein by this reference. Section 4. Certification. The City Clerk shall certify to the adoption of this Resolution and shall cause it to be published in the manner required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of Maryann Edwards, 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. - was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk EXHIBIT A Planning Application No.: Project Description: Assessor's Parcel No.: MSHCP Category: DIF Category: TUMF Category: Quimby Category: New Street In -lieu of Fee: Approval Date: Expiration Date: PLANNING DIVISION EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL PA 17-1020 Truax Hotel Parking Structure Minor Exception: A Minor Exception to allow for a height increase for the Truax Hotel parking garage (APN: 922-044-017). 922-044-017 Commercial Service Commercial for Hotel / Retail Commercial for Retail / Restaurant Service Commercial -Hotel / Retail Commercial for Retail / Restaurant Non -Residential Project Not Located within the Uptown Specific Plan Within 48 Hours of the Approval 1. Filing Notice of Determination. The applicant/developer shall deliver to the Planning Division a cashier's check or money order made payable to the County Clerk in the amount of Three Thousand One Hundred and Twenty-eight Dollars and Zero Cents ($3,128.00) which includes the Three Thousand and Seventy-eight Dollars and Zero Cents ($3,078.00) fee, required by Fish and Wildlife Code Section 711.4(d)(3) plus the Fifty Dollars ($50.00) County administrative fee, to enable the City to file the Notice of Determination for the Environmental Impact Report required under Public Resources Code Section 21152 and California Code of Regulations Section 15904. If within said 48-hour period the applicant/developer has not delivered to the Planning Division the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Wildlife Code Section 711.4(c)). General Requirements 2. Indemnification of the City. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City and its attorneys from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. 3. Expiration. This approval shall be used within three years of the approval date; otherwise, it shall become null and void. Use means the beginning of substantial construction contemplated by this approval within the three-year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval, or use of a property in conformance with a Conditional Use Permit. 4. Time Extension. The Director of Community Development may, upon an application being filed prior to expiration, and for good cause, grant up to five extensions of time, one year at a time. 5. Consistency with Specific Plans. This project and all subsequent projects within this site shall be consistent with Specific Plan No. 5 (Old Town). 6. Compliance with EIR. The project and all subsequent projects within this site shall comply with all mitigation measures identified within EIR No. 2017011029. 7. Conformance with Approved Plans. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Division. 8. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. STAFF REPORT — PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: August 16, 2017 TO: Planning Commission Chairperson and members of the Planning Commission FROM: Luke Watson, Director of Community Development PREPARED BY: Eric Jones, Case Planner PROJECT Planning Application Number PA17-0109, a Specific Plan SUMMARY: Amendment to relocate a portion of the Hotel Overlay within the Old Town Specific Plan. PA16-0270, a Development Plan application for a six -story, approximately 175,677 square foot hotel generally located along the south side of 3rd Street between Old Town Front Street and Mercedes Street. The hotel will contain 151 guest rooms. A parking structure will also be constructed directly across 3rd Street. The parking structure will total approximately 86,117 square feet and contain approximately 2,846 square feet of ground floor commercial space 213 parking spaces that will provide valet parking for hotel guests. PA17-1020 a Minor Exception to allow for an increase in building height for the parking garage. RECOMMENDATION: Adopt a Resolution recommending City Council approval of the project subject to Conditions of Approval CEQA: Subsequent Environmental Impact Report (SEIR) PROJECT DATA SUMMARY Name of Applicant: Chris Campbell, Walter R. Allen Architect + Associates General Plan Designation: Specific Plan Implementation (SPI) Zoning Designation: Downtown Core (SP -5 Old Town Specific Plan) Existing Conditions/ Land Use: Site: Existing Commercial Uses (Hotel Site)/Vacant Lots (Parking Structure Site) North: Existing Commercial Uses South: Existing Commercial Uses East: Existing Commercial Uses West: Existing Commercial Uses Lot Area: Total Floor Area/Ratio: Existing/Proposed Min/Max Allowable or Required Hotel: 1.41 Acres Garage: 0.40 Acres 0.08 Acre Minimum N/A N/A Landscape Area/Coverage: N/A N/A Parking Required/Provided: 213 Valet Only Spaces 181 Spaces Required BACKGROUND SUMMARY On February 18, 2016, Chris Campbell, representing Walter R. Allen Architect + Associates, submitted the original iteration of Planning Application PA16-0270, a Development Plan application within the Downtown Core District (DTC) of the Old Town Specific Plan (OTSP). This version of the project allowed for the creation of a five story, 155,630 square foot hotel along the south side of 3rd Street between Old Town Front Street and Mercedes Street. A 219 space, 50 - foot -high parking garage located on the north side of 3rd street directly across from the main entrance to the hotel was also proposed. The project is located within the Downtown Core district of the OTSP and, as proposed, does meet the standards of this district. However, the Old Town Specific Plan contains a hotel overlay area located to the south of the project site that, if adjusted to cover the project site, would allow for the project. The overlay is designed to encourage the development of a hotel with conference facilities, restaurant and other guest services. These are some of the amenities that were proposed as part of the project. Furthermore, the overlay allows hotels to be constructed at a greater building height than other buildings (up to eight stories) in the underlying Downtown Core district. Staff has processed a Subsequent Environmental Impact Report to analyze the environmental impacts of relocating a portion of this overlay to the project site. On May 17, 2017 the applicant submitted plans with significant changes to the square footage, architecture, and site plan. These changes were reviewed by staff and presented to the Planning Commission Subcommittee on June 21, 2017. The project was also originally presented to the City Council In -Fill Land Use Subcommittee on March 28, 2017. The project was brought before both committees again to review the proposed changes. The plans contained within this report are the result of this review and feedback from the Planning Commission and City Council Subcommittees. These plans were also reviewed by the Old Town Local Review Board on July 17, 2017. The board unanimously recommended project approval. Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. ANALYSIS Specific Plan Amendment The Old Town Specific Plan includes a Hotel Overlay that runs approximately from Second Street to First Street. The project is located within an area not covered by the Hotel Overlay. Maximum building height for non -overlay areas in the Downtown Core is fifty feet. Maximum building height in the overlay is eight stories or equivalent to no more than one hundred feet in height for full-service hotels. The overlay currently covers both right-of-way and private property. The Specific Plan Amendment will allow for a portion of the overlay to be relocated from the public right-of-way and be incorporated into the hotel project site. Approximately 61,569 square feet of overlay will be relocated. This will allow the hotel to be in conformance with the height requirements of the Specific Plan. Site Plan The hotel portion of the project is six stories and proposed to be located on the south side of 3rd Street, between Old Town Front Street and Mercedes Street. The hotel is approximately 175,677 square feet in size. The project is designed to provide active street frontages along Old Town Front Street and 3rd Street. This is accomplished by incorporating restaurant and retail space along these streets with multiple pedestrian access points. The ground floor located on the western portion of the project will contain retail and/or restaurant space. Outdoor dining can also be included in this area if a restaurant occupies the space. Multiple pedestrian entrances are provided. Moving east of this area along 3rd Street is the main vehicular access point to the project. This access will be located midblock and consist of a pick-up and drop-off area covered by a porte cochere. Finally, a gym is located to the east of the pick-up and drop-off area along Mercedes Street. The southern side of the project site will feature a walkway with landscaping and decorative paving. These features will add a pedestrian scale between the project site and existing building, as well as future development to the south. Internally the hotel will feature a lounge courtyard and a dining courtyard. The parking structure is proposed to provide 213 parking spaces at a height of 57'-5". The maximum height for structures in the Downtown Core of the Old Town Specific Plan is 50 feet. The applicant submitted a Minor Exception application to allow for the increased height. The structure will provide the required parking for hotel guests and will be valet only. This structure is proposed to be located on the north side of 3rd Street. Main vehicular access to this structure will be located along 3rd Street. Additional access is provided via an alley behind the structure. The applicant also proposes to include a retail suite on the ground level of the parking structure along 3rd Street totaling approximately 2,846 square feet. The Specific Plan establishes allowable frontage types appropriate for a vibrant public realm. The Downtown Core District allows the following frontage types: Shop Front, Arcade, Gallery, Two -Story Gallery, and Forecourt. The proposed project incorporates a combination of the Gallery, Forecourt, and two-story Gallery frontage types for the structures. The building meets all design requirements and standards for this type. The application is consistent with the OTSP and has proposed an effective design to create a vibrant streetscape. Architecture The architectural design of the building is consistent with the OTSP. The hotel is designed to look as though it was constructed over time. This structure incorporates the Mission Revival and American Mercantile architectural styles allowed by the Specific Plan and the project incorporates colors from the Sherwin Williams Preservation Palette (or similar). The American Mercantile sections include parapet walls with articulated cornices, vertical oriented windows with decorative pediments, brick facade, and display windows with transoms. The Mission Revival sections of the project include clay tile roofs, wrought iron detailing, and windows with recessed openings. Landscaping London Plane trees (36 inch box) will be planted on 3rd Street and Liquid Amber trees (36 inch box) will be located along Old Town Front Street. These trees will incorporate the tree grate specified in the OTSP and are in conformance with the Specific Plan. Minor Exception As previously mentioned, the maximum height within the Downtown Core District of the Old Town Specific Plan is fifty feet. A Minor Exception allows for a height increase of 15% of the maximum allowable height. This will allow for an additional seven feet five inches. The applicant has submitted a Minor Exception application for the parking garage portion of the project. The height of the parking garage will total fifty-seven feet and five inches. This height is within the allowances of a Minor Exception. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the U -T San Diego on August 3, 2017 and mailed to the property owners within the required 600 -foot radius. ENVIRONMENTAL DETERMINATION On February 8, 1994, the City Council adopted the Old Town Specific Plan (OTSP). In 2010, pursuant to CEQA and the CEQA Guidelines, the City Council amended the OTSP to adopt a form -based code that established development regulations and standards in the Old Town area. On [insert date], the City Council certified the Program Environmental Impact Report for the OTSP (SCH #2009071049). Staff has reviewed the project in accordance with the California Environmental Quality Act (CEQA) and has determined the project could have a significant impact on the environment; therefore, a Subsequent Environmental Impact Report (SEIR) has been prepared for the project. On January 12, 2017, the City published and distributed a Notice of Preparation (NOP) to all agencies and persons that might be affected by the Project. The NOP was also distributed through the State Office of Planning and Research, State Clearinghouse (SCH # 2017011029). The NOP was circulated from January 17, 2017 through February 15, 2017 to receive comments and input from interested public agencies and private parties on issues to be addressed in the SEIR. On January 23, 2017, a scoping session was held, at which time City staff and interested persons had an opportunity to determine the extent of issues to be addressed in the SEIR for the Project. Thereafter, City staff filed a Notice of Completion with the State Clearinghouse, and circulated a Notice of Availability with the Draft SEIR and Appendices to the public and other interested parties, for a 45 -day comment period between May 2, 2017 through June 15, 2017. A Notice of Availability was also sent to adjacent property owners indicating a review period of May 2, 2017 through June 15, 2017. The City published a Notice of Availability for the Draft SEIR in the San Diego Union Tribune, a newspaper of general circulation within the City. Copies of the documents have been available for public review and inspection at the offices of the Department of Community Development, located at City Hall, 41000 Main Street, Temecula, California 92590; the Ron Roberts Temecula Public Library located at 30600 Pauba Road; Temecula Grace Mellman Community Library located 41000 County Center Drive; Chamber of Commerce located at 26790 Ynez Court, Ste. A, and the City of Temecula website. A Draft SEIR was prepared under staff's direction by Environmental Science Associates (ESA) and was distributed to responsible agencies, interested groups, organizations, and individuals. The Draft SEIR was made available for public review and comment for a period of 45 days. The public review and comment period for the Draft SEIR commenced on May 2, 2017, and concluded on June 15, 2017. Notices were mailed to surrounding property owners, signs were placed on the property, and a notice was placed in the local paper to provide a 45 -day noticing period for the public. The City of Temecula received eight written comments and responded to each comment in the Final SEIR, which includes all timely received written comments and responses thereto. Comments were provided by the Riverside County Department of Environmental Health, California Department of Transportation, Riverside County Flood Control and Water Conservation District, Pechanga Band of Luiseno Indians, Temecula Valley Historical Society, Jackson Tidus (A law Corporation), and Mr. Rusty Rawnsley. The Final SEIR was provided to commenting agencies in compliance with State law. A copy of the Final SEIR, which includes the Draft SEIR, written comments, responses to comments, and revisions to the text of the Draft SEIR, has been provided to the Planning Commission. The environmental analysis identified six areas where no impacts were discovered. These areas are: Agriculture and Forestry Resources, Biological Resources, Mineral Resources, Population and Housing, Public Services, and Recreation. The analysis identified nine areas where impacts were not considered to be significant. These areas include: Aesthetics, Air Quality, Geology and Soils, Hazards and Hazardous Materials, Hydrology and Water Quality, Land Use Planning, Noise, Transportation and Circulation, and Utilities and Service Systems. The Final SEIR recommends feasible mitigation measures for environmental impacts that can be mitigated to a less than significant impact. These are located within the following areas: Aesthetics, Air Quality, Cultural Resources, Geology and Soils, Hazardous and Hazardous Materials, Hydrology and Water Quality, Noise, and Traffic and Circulation. Two areas have been identified as creating significant and unavoidable impacts. These areas are Greenhouse Gas Emissions and Noise and Vibration. In the event the Council opts to certify the Final SEIR and approve the project, and in accordance with Section 15093 of the State CEQA Guidelines, a Statement of Overriding Considerations must be adopted prior to approval of the project because of these significant and unavoidable impacts. A Statement of Overriding Considerations states that any significant adverse project effects are acceptable if the expected project benefits outweigh unavoidable adverse environmental impacts. In addition, if the Council decides to approve the project, it will be required to adopt Findings and Facts in Support of Findings in connection with the Final SEIR and a Mitigation Monitoring and Reporting Program. FINDINGS Specific Plan Amendment (Section 17.16.020) The proposed specific plan is consistent with the General Plan and Development Code. Goal 6 of the Economic Development Element of the General Plan is about enhancing local tourism and pursues a comprehensive, recognizable tourist destination, offering a range of attractions throughout and beyond the Planning Area. This is accomplished by Policy 6.4. This policy encourages development of lodging along the freeway which interacts well with the professional office and tourism markets and enhances fiscal viability. The proposed amendment to the Old Town Specific Plan will allow for a portion of the existing Hotel Overlay to be relocated to the project site. Because the relocated section of overlay will be required to adhere to the same development requirements stipulated in the Old Town Specific Plan, General Plan and Development Code, the proposed Specific Plan Amendment is consistent with the Policy 6.4 of the General Plan and the Development Code. The proposed Specific Plan would not be detrimental to the public interest, health, safety, convenience or welfare of the city. The proposed amendment has been reviewed against the requirements of the Municipal Code, Building Code, and Fire Code. These codes contain requirements designed to protect the public interest, health, safety, convenience or welfare of the City. Because the Specific Plan Amendment is consistent with these Codes, the amendment is not anticipated to have a detrimental impact to the public interest, health, safety, convenience or welfare of the City. The subject property is physically suitable for the requested land use designations and the anticipated land use developments. The subject property is physically suitable to accept land uses that can take full advantage of the Hotel Overlay's expanded development opportunities. This is because the size of the area that will receive the overlay is large enough to allow for the construction of a full service hotel and parking garage. The proposed Specific Plan shall ensure development of desirable character which will be compatible with existing and proposed development in the surrounding neighborhood. The amendment will allow for the relocation of a portion of the existing Hotel Overlay to move north by approximately 230 feet. This distance will allow for a full service hotel to be located within the same general area of the remaining overlay in the southern portion of the Specific Plan. Therefore, full service hotels of the size allowed by the Hotel Overlay will continue to be concentrated in the southern portion of Old Town and development in this part of Old Town will continue with its originally envisioned character. Other uses that make up this area include mostly restaurants and retail establishments. Development Plan (Section 17.05.010) The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City. The application will allow for the construction of a full-service hotel. The project will be in conformance with the Goal 6 Policy 6.4 of the General Plan for Temecula. This goal and policy encourage lodging facilities along the freeway. The Project is also in compliance with all applicable requirements of State law and other Ordinances of the City once the Specific Plan Amendment is approved. This is because hotels of this scale are permitted in the Hotel Overlay of the Old Town Specific Plan. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The project has been reviewed to ensure compliance with the Development, Building, and Fire Codes. The project has also been reviewed to ensure compliance with the Old Town Temecula Specific Plan. These codes and the Specific Plan contain provisions that are designed to ensure the protection of the public health, safety, and general welfare. Minor Exception (Section 17.03.060) That there are practical difficulties or unnecessary hardships created by strict application of the code due to the physical characteristics of the property; The property increases in slope between Old Town Front Street and Mercedes Street. This slope makes it difficult to design a parking garage with the appropriate maneuverability for vehicles. The additional 15% of building height permitted by the Minor Exception will allow enough extra space to ensure all design requirements are met in an aesthetically compatible manner. The minor exception does not grant special privileges which are not otherwise available to surrounding properties and will not be detrimental to the public welfare or to the property of other persons located in the vicinity; The Minor Exception does not grant special privileges which are not otherwise available to surrounding properties. The Minor Exception is not anticipated to be detrimental to the Public welfare or to the property of other persons located in the vicinity. This is because the Minor Exception will simply allow for an increase in height of 7'-5" for architectural elements of the parking structure. Lowering the structure to the height required by the Specific Plan will create elevations that are aesthetically substandard. The Minor Exception places suitable conditions on the property to protect surrounding properties and does not permit uses which are not otherwise allowed in the zone. The Minor Exception is part of a series of applications designed to allow for the construction of a full-service hotel and corresponding parking garage. A SEIR has also been prepared for the project. The conditions of approval and Mitigation Monitoring and Reporting Program will provide suitable conditions and mitigation for the project that will protect surrounding properties. ATTACHMENTS Vicinity Map Plan Reductions PC Resolution Recommending City Council Certification of SEIR and Actions Related Thereto City Council Resolution Certifying the SEIR and Actions Related Thereto PC Resolution — Specific Plan Amendment Exhibit A — City Council Resolution PC Resolution — Development Plan Exhibit A — City Council Resolution PC Resolution — Minor Exception Exhibit A — City Council Resolution Draft Subsequent Environmental Impact Report (SEIR) with Appendices which can be downloaded at: https://temeculaca.gov/362/Environmental-Review-CEQA Final Subsequent Environmental Impact Report (SEIR) which can be downloaded at: https://temeculaca.qov/362/Environmental-Review-CEQA Notice of Public Hearing VICINITY MAP City of Temecula TRUAX HOTEL NORTH 0 250 This map was made by the City of Temecula Geographic Information System, The map is derived From base data produced by the Riverside County Assessor's Department and the Transportation and Land Management Agency of Riverside County. The City of Temecula assurnes no warranty or legal responsibility for the information contained on this map. Data and information represented on this map are subject to update and modirication, The Geographic Information System and other sources should be queried for the most current information This map is not for reprint or resale. 500 Feet GoograpElk In{armaoinn Systems PLAN REDUCTIONS TRUAX HOTEL 28690 OLD TOWN FRONT STREET TEMECULA, CA 92590 TRUAX DEVELOPMENT EH A�ww Morar 07-11 +s rwPao 1, sa,,. PR -T OTC LOW WSW COVICIOL -MERPEDE,3 STREET LAX EVELCING 01.1. MOM TNIRD STREET L CRIESHEFillEalE 11.11 BASEMENT (STREET LEVEL) • II���1IiiIlrl�,ll li I!IlI. iIpiny IIII >�Ili 111a1[II(✓f 1 191 ilh+REI IIII.!.�.�III III IiIj L+ ' VIIf.y!I1,IIa OLD TOWN FRONT STREET ILDINC� INFOF?MATION CONTACTS INDEX TO DRAWING ..lYqWa `ille.idlt � ARCHITECTURAL: 4f•nlo.....,GM. MCI 7.14 tO. . W. ,°w . .�' CRY C 7.GTp6 �' *R:+n. OVAL i¢n w `owe. Oomoopolomen A .7.1,4707....77 ..amu n.w6 VV... 44 roes.. 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'1 NORTH ELEVATION CJ —Q— /Th EAST ELEVATION v,Lj r,.aae.� SOUTH ELEVATION KEYNOTES: EXTERIOR FINISH ID new nen:cum.,. mim dart% atm Nam rota leptampart 6R NI FR 1.eEl MICRO W.ra-r,.sex, sw®..a en ,.msacme. care 61Yrfe 1•••••• 1.611.16.121.= •LNIULEAMMIUMSIMMI WNW E -1•62121.2 mom o ,, 716.13=.,.,aa. WWI Imes arx cm se. cam a mu. 1.i•OUP mama. ,:. o o ILAMESICal.a o m .aa.. "ma- . sum.. ext....3 ® son. .e.t.a- Cal ,....u.,Cr* WOO mns• sAna.r. A41.004 aro rem .,. ,. moms .d.,Ye. _ W © mamma Kw taw CM2 g GMT Rd ca., purr comea, memo tom rocnc opt eat Pectocco. NIVICRIS “40 .1261 .1097. 404PVE PO, .3,104 NOTES: 1124/41•2110.11•11 WIG 14.41111•1-0•41 .1601••-• rottearr 01.40C .1.11 tIVL CR =MO MON MOM PM MINI• RAM ELM,. AM.11.111101111•MeNG 1111! tam FIENI MMMc.wl 1141.e, 07 nw..a a.nrKm 37 e. M.... Drew w Orae cww HOTEL ELEVATIONS PR -2.4 %74/i%T, 'i =111C- 7„,v mo is T00 0010T LEVEL 1 21 '66.1V6 6TALL6 LEVEL 4 M ~FPO 6,6[16 4 Q ? I Q $ � 6. I- V14.11.11 r *• F I ►T = I. "I -I n 5 1 —r 0 IE —O norm•. j a m a + _s +-- I 1 LEVEL 4 M ~FPO 6,6[16 LEVEL 2 46 PAIKMO 6TALL6 LEVEL 3 66 PAWN% 6TALLI LEVEL 5 46 1..411101.16 •TALL6 LEVEL 6 6 1..A•1642 6TALL6 TOTAL PArd(IN6:213 SPACES .1.000 0001T11 07 v1 0.0013 0.00111. /n — p—w 00 lip PLANS 1-6 NORTH �� PR -3.0 4 Q ? o ? 5 I I ►T = I. "I -I n 4. -I —r 406 _s s �4i LEVEL 2 46 PAIKMO 6TALL6 LEVEL 3 66 PAWN% 6TALLI LEVEL 5 46 1..411101.16 •TALL6 LEVEL 6 6 1..A•1642 6TALL6 TOTAL PArd(IN6:213 SPACES .1.000 0001T11 07 v1 0.0013 0.00111. /n — p—w 00 lip PLANS 1-6 NORTH �� PR -3.0 0 SOUTOMBH ELLEVATION 0 0 0 0 NNORTH ELEVATION nn.wc111Pi+r ROM& n.v.xo...rram a* 07-37. ELEVATION: PR -3.1 a 0 0 0 EAST ELEVATION 0 1 0 0 ®UEST ELEVATI[7N PUMMO FDA ...ft 07 -13- ELEVATION: PR -3." 0 S4CTIIGN A -A NO o 0 111111011 IL. ._:-_----- �� SECTION E. -13 MEM II r�z f G " iIII111111110I0 1J � F�y %ACM PAM. 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NR NVsw04 M ossarc 1ma Mai R 401010 TQ 9Talaa5 AL3 46 N bMT0K10 0105 1301. 1 De76 Mir ROS TIC RUM %PN01 m KIPM0 3 3T 51 01 wear 1 04 4w4 (01.0000 510070( PEW 5.4004 1 MEOW CM. NM 410151 1 1.000 AU0r51 44 00.41101 AIC 1()150 TN 2(0409 11 Ayr TNS NAGS x TI 15 Lid m 1R Cm 443 02460*751409410r1 400.x112 MAN 000 441444 M 00 9104211 G •a1 TMne 50.50 nab 0(1019416 9411 K MME 5T 1 0114/122 04400 51010 EDIT a n10094 °KKK GLM NEMC �I15�EN011 �5A00A02Chil E11EdKM•L'0E1B ML�NS'a Ea g. CITY OF TEMECULA PM 37081 PA18-0270 TRUAX HOTEL PRELIMINARY GRADING PLAN ambles `=Z ( I• -eo CONSTRUCTION NOTES: 0 cossmUCr EINE 0-6 AAIB 501• CTr 210 101.5 01Eermine* 7040... AAAA. .�. .. .. .. • •. 0 COIBRI 101 PRy440 (04(5(7" LMOIG i(/WMR9 Al ALOE CLU (1025710 SG1 O 60151 5C1 AOA 94M P174 400141ST Km 95CA0 Tr RC GOA9 PPE Q Mina Pr MLC MK/ INE 0 037441 i- PSC 0044 110 0 901TAli ]6'5404' VMS 16)5415 FAA AAA b 10157,70 24414 01LSOS Make/ CASCO NAW 0 MUTE 101570. STICKS MRKDICI CA TOS MSA0 hows Ai MET 3 . . 4:1414rNA MN11 511411%TANT $ LC.Pr,mR...14 1421 5 1450• ®L'M51WA=5 IT 79(05 CM77CR KM DET Cw pots x O 004009.105 ME7ARNIA. AUL FUR PLANAR 175170} 0 A natic7 4' 04 SIMI GAN muscat I 011144.15 All KRR SHALL CONFORM TO THE REQUIREMENTS OR THE CURRENT EDITION OF DK CI1Y5 IMPROVEMENT STANDARD ORAMN05 FOR PUBLIC WORKS CONSTRUCTION CONSTRUC110i MANU 1 CITY CODES AND RCOUAND SUBSEOLENT IRIMINTS ENGINEERING AND 2 IMIGGG1' IGGAG E r (AN5K9N0 MACHINE IS AVT AC0P7401(1 CONTACT: RCS JACKSON (RESPONSIBLE PERSO4A5ELELOPER) (COMPANY) (21 -HR PRONE NUMBER) PENDING (RESPONSIBLE PERSON CONTRACTOR) (Ca1PMY) (24-00 PHONE KHMER) 1 79]0) 40050 50'450253 O 0! 05 10 START OF ANY NORM, A MIME. LICENSE SHALL DE OBTAINED FROM 111E arr. 0. A DRADIN0 PERMIT SHALL BE OBTAINED, PRIOR TO ANY NMN ON PRIVATE CEKLOPMENT. ME PERMIT AND M APPROVED SET OF IMPROVEMENT PLANS MUST BE PRESENT AT TRE JESSIE WRING CON5TRNCTION. 4APPROVAL OF T115Y 18.03 BY DIE ors Ars nor rasa T0KOmoom tl4E MEM OM Ave 06149170Kr Ow001Is17( 0041ENGINEER Of SEEM 1110. DE ARVOISB-I. TOR "` • ElEKINGSIQUEIS OTY ORDNANCE NO 04-25 STATES THAT 740 PERSON SHALL (ACNE ON d omucT 70.11901.91 ACMES INN 759 1(2155RCDOR 9TE K RCM-0Tw3FEE Di 2 ME CS AN =CLAM RLSGENQ. WIT917,0 DM 1 NO C1HEA W.22 PM AIC 140 HAL 110447 0110194 227417 Ma 04411 0121 (NAGE M OR COOK, N47RLC1104 A(5A1I IEYMOV TIE HOURS 3' 7:00 AM ANO 5:20 PM 1W1 PR(40.54 7,0 0961NCIa'N KKK! STALL BE UNDERTAKEN ON SUNDAY MO NADCL2117 0LSlO1112 AACKrs 5 ta6AT0RV AGENT, aSU NK.. ME ISSUANCE OF A PERMIT BY ME CITY DOES NOT HAPLY OP PROVIDE ANY CLEARAMES FROM STATE CR FEDERAL AGENCIES REGULATING THE PROVISIONS OF STATE M FEDERAL ENDANGERED SPECIES ACTS OR RATER QUALITY REO4.4719IS. ME APPROPRIATE CLEARANCES FROM 1NESE AOSNCIE5 SHALL BE OBTAINED PRIOR TO ANY SHE DISTURBANCE M GRADING 7. Cm5.LBv'TON FRANFS MY CONSTRUCTION CHANGE MUST BE FIRST 5UONTIEO 10 11NC CI 7Y A5 A REOIM RE17501 FOR REVIEW ANO APPROVAL PRIOR TO 5MLEMENT040 THE CHANGE M ME 719110. REFER TO DE OTY5 ENGINEERING AND CONSTRUCTION MANUAL e.-OfPrIN( RUNIC--' A PRE-COISTMUCMM MEETING STALL BE SCHEDULED 7110 HORN DAYS PRIOR TO THE START OF CONSTRUCTION DURING CONSTRUCt)N, DEPENDABLE AND RESPONSE CONTRACTORS REPRESENTADW SMALL BE AT 174E JOB SITE AT ALL TIMES. 0. M➢LIIES APPROVAL OF THESE PLANS BY NE CITY DOES NOT L3SDMTE A REPRESENTATION AS TO 111E ACCURACY M (0RETENESS 0 ME LOCATION NOR THE (05TENFE OR NON-(47SRNCE 9' ANY UNDERGROUND MIRES WHIN THE PROJECT LIMITS MY UMJTY DAMAGED WRING THE PERFORMANCE OR NNE NMIY SHALL BE REPAIRED OR REPLACED TO ME 5171940701 OF THE GOKRNMC AGENCY BY THE CONTRACTOR, AT HIS EOENSE. 10 42l�Y aCY 91 R RD( �TOM C RESMON38417 (l 0470 10 ars DY o� OP /00010 Alp TO 001A1L s9EEF 104075 , (44AMRM; AS 000005 Be AYWMSCI =AA pt,WCAAN4 Aa M SN1[RAE REs 94411 Of K0KF0 15 AE alt MA * 471614 60 .2500 Tr Do SWO.((1 AL3 C[7GRE ACCPTMar 41 04241H740 ALL (*50191 MOMAER59140 (Ovum: OR 945[705(5 AstrA TO errs viissigs7.CoMPAct W L win 9711MMPP3 ACT A AEE14L1 BE ETK .5100 100004 tlKATTO 4209420® BY TIE Ors 11404001 4YOC NAM/ SUMP' CUM inters 9WL1 BE PK/KW TO 27 OTT alp0ry! R 12.11L020EGL DUST WALL BE CORIROIEO BY WATERING OR OTHER METHODS. AS APNROK0 BY ME CITY ENGINEER AM 94411 ca1LY NOR SOIL (OUST AR QUALITY MANAGEMENT DISTRICTS (SCAOMD) RULE 401 12. COVERLICT5w 4EWIte A Sr FOOT ORAw LINK PENCE I5 REWIRED ON ALL INDUSTRIAL AND C01105041 PROJECTS UNTIL ROLE SYSTEMS ARE COMPLETED OR AS DEEMED NECESSARY BY THE CITY ENGINEER FOR AMC SAFETY. DE MAINTENANCE OF 111E PENCE 5 THE 50.E RES•ONSB1ITY OF ME CONTRACTOR. Ix Mm70TMWe ALL MIRK PERFORMED M7M0UT PROPER INSPECTION FROM 150 CITY MAY BE 945.101 TO REAECTTOI. GRADING EARTHWORK 4(7(5 E.AL1NK 14w5C 1 5R. EMMg1 LUT: 17,000 CY an: 1200 Cr 14. !0 C5 PILL 0 CY EBNIRT: 17.200 CY EWV0T: 1210 CY TORN RRDEO 50461: KM CY QUARRIES SHOWN ARE FOR PERMIT PURPOSES BASED UPON 0470091740(5 M E05TNG AND PROPOSED CONTOURS ONLY, AND OO NOT INCLUDE SUB-E0C4247104. SHRINKAGE, SUB901160 OR oMR 40.11011EN7* ME GRADING CC4RACTOR SHALL KNEE MIANn715 FOR BID PURPOSES SITE ADDRESS 41131 DM STREET 4100 MW SHEET FEMA MAPPED FLOODPLAIN SPECIAL FLOOD NAIAR) AREA PANEL 3205 OF 3205 MN EFTECDK DATE AUGUST 25 2000 MM Na 000032051 *ion ME ENTRE SIE IS LOCATED 01.090E 0 MAPPED 100 TEAR SPECIAL ROOD H12000 AREA TOPO SOURCE NR. 1015 KINK 0 FED MILEY LEGAL DESCRIPTION RN AM RIY w PER PRODUCED SEMI I2 MEM, e SOUR RAN 3 EESI 0 RE SSR 514100 &ME AND IAINAN w TIE QTY OF MEW. CORRY OF AMR= STAT a CN509N MOWED AS FENCER KM UPS 17 WOAD; eT 51;w 9ATOM011042.um sisau. 94441/ MO MOM= Dr 4ME 11 MMl FJI 504 00.1177d 0177aSTa1� WIMP STATE WATER RESOURCES CONTROL BOARD PERMIT NO. Kms• 5K LEVEL- 1 OSIVOSP CONTACT.: HECTOR L CORREA EAR. SEPT. 0x1017 CERTECATE / 20555 PROJECT AREA PROPERTY OSEMBEO HOTEL: I 41 AC 1 41 AC PAINING STRUCTURE: Ob AC 0.40 AC APN NO. 017-012-007 022-012-002 012-044-001 022-013-015 027-044-014 022-043-024 011-013-071 022-043-025 027-044-017 077-044-070 OWNER TEMCIMA HOTEL PARTNERS OD TOW, LLC DEVELOPER/APPLICANT TRUAX DEVELOPMENT 740TEL PAMPERS OLD TON44, 1.1.0 41024 SECOND 5TRET. STE 401 TE0C(ILA G. 00500 (451)502-2004 JMNPOrMaiaTECar 031911(2 ALGLK NE A6099s5TY SLAT NiRONED C0 TRACTOR INSPECTOR DATE COMPLETED •r MR 45[0'4 04504 MAR[ aram oaf._fa7n Or 84$1.1• ALTO Yn° I.PIT+Mra.•I.•1M • 5341 Nr 91,4. 41 1051670 lig WV PIMP111gimot K 1144 MfAdt INNKor ins Am • 94174111, Or PLANS PREPARED UNO0 505 SIIPENL9aN 57 40(91:01 L 49402 R CE NO 5110 0017. E0PREY 0/50/55 410(0MENDm Sr: TE AC0FPTE0 Br: 1411' PATRON 11181AS. PE DIRECTOR OF PANIC 001/5/011 ENONEEA C E NO 11425 CITY OF TEMECULA $ "DICTE- 004NTM017 0 *IMC mUTALB PRkuMINARY GRADING PLAN PAM -0270 - TRUAX HOTEL PAI6.5451 • PM 87081 SHEET NO 51Eer NO 1 A 3 SHEETS CONSTRUCTION NOTES: 0 ‹.742.x1 nor &-4 RRC PEW Gtr 5210 NINA Gv0NS0 II 01(01011001..1A41R0T gyp mu/AC2L0 NAR s P E Dols 1111001 0 =SBver TWrv2i COAOir1[ NA909GY1cmrKs ." MCI DHA 1XXfACT0C x4 1.[05200137 ADA NAP 000 *1001{01! AA N 0lb MULL 12' PVC CRAIA IK' O AQTAa lar PLC NUN 1001 Q TESTATE Y PLC DOANN 1AIW fl 10101.0 7%' 011006 PRODUCT 01701 0ASRA 0 041.421 20711' BR0015 PRODUCT CATD. ELM o IgtAA WOW BROOKS EM MET 02132 um, [..,� Cp6141CT 003(0. mop0OII1EA111ENT (=LIT? PER DETNL ON 9471' '{ h BEr1NNWINI (1 Ao PAIiY1"NI 0411 0 0. 1111.0. nA 5005 4PGIe1 m OMIERI 2T 4' R100E GUnMP PER OLP. or 9031.-2 3 ® CT2NST *1? RETAWNO 11201. PEN SENWA2r PERWIT 0 Lpg1IRC7 4' DIA VENNI MAN WANNOIE 011910 EXIST. 00(0410 SIDEWALK 0.D 10 SECTION A NIS EX NOODEN BOARD NALK TO BE RIMMED /NO REPLACED WIN 'FAUX 11000' STAWPED CONCRETE SIDEWALK PER OLD TOWN 911000 PLAN DESIGN STANDARDS 0101r 3 9:5 ar w1VI Ur I /IArr i 0.10012 F.0 L WR W RAM SECTION C NR NINO SMELT OWN' Mir 00' MN. 11.035 'r B' I,11R NELCSIKIND EX. AC BLDG Es AC PARKING LOT 'r -"`t'". /3111 325-044-010 31351151H RAY. PAnw 2.51D. 515 1e/73e e0. Co 0.010$ 11 11 r 20' AA:a ..GADD. PEA *451R. Naas- 033320.? 10_ 4/2B/US r(� 01910 4001 01 . 5' KCTABWED WNL SECTION 0 1115 l% 0001010 0PIST0y000N WCT.OIWN MON NIB SECTION E NTS DATE AC COW cONIRACTOR Ramona DATE CCMPLEIEn -...o . 30 111•5.1 14131451 3515 Mgt 135 O 41 wAl .5133 1..11 1,311.31N. 041 RR v Nrw 40, M at m Ry_A1p EASEMENT NOTES SEE MEET SCALE 11[011114 Sc. NA SITING !NN CAFE L OLD TOWN TIRE • S.'40350 ' —OLID TOWN FAONT OFEEr -1 7r 9.11-1%-r- teras rr I Li Ii0KXO rr 5511 1•11 irwalu.l+Ni 01(10001t 30.0113 PREPARED tarn 14 UPfKKyOr Cr RIC .4N. 1 co PEA PCE NO. 0204 DAIS De/30/1e GRAMME SCALE 20 0 ID 20 40 SCALE ACCEPIED Br: PATE• PATRICK RIOUAS, PE DIRECTOR Cr PUBLC WORKS/CITr ENGINEER RC NO 44223 CITY OF TEMECULA wW MfWwW1 02w000103 ,-,1.1: 20, 2011 IDST-1 032000 A AG 40104020113 [ft? .1AW01ti6 DECA104Rt Cr RAMC ROWS PRELIMINARY GRADING PLAN PAIS -0270 - TRUAX HOTEL PAIS -1451 - PM 37081 3rd— 91EET Na SHEET NO 2 cr 3 Slab[ EASEMENT NOTES e M 44711481 IR 0101 CO CASIeK IaV EIP MSIMCr FOR 77013 OREM 244492 AM ORM KW= u r 914 1474. A5 MIMICRY NO 1244 pE 3 AN A CAL FORNIA Nr DOR FOR PARKS RECORDED SEMS 4 20 79N7RR AS INC. 257ME13Nr NO 198644 OR (CAN407 BE LOCOED TAM RECORD RBOMIA70N) A 4.77QAN OF WATER MOUS AND CASEIEN7 N FAMR O DONNA C NOSIER 10 0R6a Cr WE 21 r 869 Of PC MBSTER 0940 TRUST. RECORDED 70420 I00 0 Ab 97-058842 OR. (CANNOT II LOCATED • 01000.2401201Orir a AM 134200 M 1A29R Er RR' ROM 41475 E wn lalOWN MOW, Rk AILOIIC MBA. WOE Aa D9E3; ■8170 41620 24 672. 4034. 424 PAa s y MEED, OONAA77 r LOG NL FRO WOW RROM004 5 AN EAAMN7IN FAVOR O 71E SW7IE220 SIERRAS MIER 000447 FOR POLE LINES RECORDED .221E 24 1922 N BOON 377, PACE 157 Or DEEDS (CAMP! EE LOCATED FA4N RECORD MARIANN) 141' CAgrtE6 0 (045004770(740409044044000004060 A S k2 0� 1:02331.21 TIER ri N!9 As &AN EASEIEN! N EMT O MINN OF MKRSLC 7197 P(HIC WRITES Aa RAE SERNCC FAMES. RECORDED ORE 23 7975 AS NSTMRICN7 AD 7.5-46491 Or OFOAI RECORDS (AFFECTS PARCELS 5' AND Yj 0 U MOS CLAYS OR RRE TO MIER. WEBER OR NOT 0600580 BY 1113 ® RECORDS AN CA4E4ETI7 ...OR 086 NE ONO' TE4EQLA FOR PAX UTILITIES ANO PUBLIC 54844E (ACMES RECORDED 90 T4 2005 A5 845767..447 NO 2005-0355242 OF OrOAL MEMOS (AFFECTS PAROLS 'A; b' AIM V') NOTES: ,2C.,ONSTRUCTION R.:F 42]71978 CR FPA7 0-4 CW PER CITY 0 - e11 r40Lntu D GRIL. ('1310-81 WY OW NANVL r5N xeR 4.xRILT O CONSTRMCr PRIVATE CONCRETE 70600 E%MLNE a TNNX 0748 ((074(TEO SON Q CIMOOc1 Aa4 4MO REP ARO.R40 IBAN © WALL 70 PIC DRAM Orr 0 WALT 40- PIC MAW OPE 0 4147412 4' INC (0404 PPE o 6450032 x ;0.' 00*4 RRC .0(6 CAM/ 1*08 0 644761* 24'7713 (1295 WOW 0,4(0 BARN 9 R474N1 747044' !MOM PNC07.Cr COW 74490 004114005ACOIIE. Wpa• Mp7M707Np0 467047, ft.DUALON SHEET 3 0.7.4CT A PA nv r o R O 0.! p% 44 AMS 444 1 0 meow, 4' RIBBON GUTTER PER MYRA 00 301/7 9 0 0'X49.6902 0140402 4412 2072 51705116 07 7 0 LOM3.OIVC7 s' 42 owe *RW'wear m 0 0 OC r 001.4[004 MOAN !M DATE SECTION H NTS TEMECULA CITY HALL SECTION F NTS CNp.4 BLOW SECTION G NTS EEE DIE 2 FOR SEC c LOCATOR PAVEMENT 4370 • U AW 5N044 -(I _ELY MERCEDES STREET 1 604 Ei.a311" ] ®Rrrlriurrivr: `_ �Irt♦�� 1004 11101 • , • -IMO, u IFF!UM!NI Isl. la MI zit] 114 f. _4 .11111 • pHL • NEPA 4 BIOTREATMENT FAC1JTY .1 +o -enc -6114, ` f- -t-, -=Z-. .583. �-� - 4104(27 REAM CwmACTOR INSPECTOR DATE COMPLETED ▪ 2• aOrUwar:s004NAM'0.'MAW •iAO 002.07 104107 00 . MOM w (86('Ls2-ir. WIMP. t• 404 FKF7. 767 R4. 0 re p.m 758 5044 n. we ow W anL..' RN..it mra 441 AA IM EMT EMMA O Mtii •474EoYoe[ 4(l mini 0..+C re SCALE IOWA NA 10 PARCEL 1 r1RNG1104 M 000.101 1604 I=TR- BIOTREATMENT FACIUTY .2 l., ! CEEOCp BE PLANS PREPARED UNDER THE SDPER4SION OF NEWT L 004440 CRDs 66]44 07PNES 06/30/14 PCE N TECd0ENDED 01 701[ ACCEP7E0 BY' ATE' PATROL 1X0470. PE DIRECTOR OF PUBIUC WORKS/CITY EN RCE NO 44223 ER CITY OF TEMECULA Lr. TO 444r .1 rO 40. ROOK 16 ;tNL R,4 TC 5^1417 8JL']NL A0. 60.24 DISABLED .9CCES5 MID ACCL53d4aN O4r 097947006 0' 1.01490 00.15 ATE - • 1.0-211 PRELIMINARY GRADING PLAN PA16-0270 - TRUAX HOTEL PA18-1451 - PM 37081 SHEET NO '717;0 NO 3 or 3 SHEETS PARKING GARAGE rw11 a.x eu -.. uerl 1aan11.e1 rex. es4*111 -1V cat. r mg mow�vr rms. r—,4' % W C 1411.111 PIN . .1111,0111.11a srware *Pp .orra rrt. f1.R0 GOR![R fn. F ".r. MELO •Ir Mir ROOM= arcs +r NICE 'wrWY( a.nwru-it°smAlaw maws 11 ..s u WE Val PS AERCEDES STREET Tyr 4 MIlU1Fl11F111111M111111;1111111111111f11111111111111111111111 OLD TOWN FRONT STREET PLATANUS ACERIFOLIA 'BLOODG000' OLEA EUROPAEA 'WILSONII' PHORMIUM T. 'PURPUREA' NANDINA DOMESTICA •LIOUIOAMBAR STYRACIFLUA 'ROTUNOILOBA' HOENIX DACTYLIFERA JUNIPERUS C 'BLUE SPIRAL' LIGUSTRUM JAPONICA' TEXANUM' PITTOSPORUM ; 'WHEELER!' HEMEROCALLIS HYBRIDS PLAHIMO LEGEND GROUNDCOVER ROSE WISTERIA SINENSIS 1.10. laces wnw.el — Worm raw f 41111 1 krw. 1 ars worr tea 41 0 tl wor .fNyrin .300.11`111(:010' Wreaw raw we F.rUfn wslfna 1101100]9' 111 um LOME CNC (roe.. - r , f'C r -r S roma RAW TR beet 11 11•1e0 10 +Parr a 1:`1111. w wax 11P learn snrmw.. 1•21uws' arA OrrAr* — Tranrcor Y at. Mit 1I rrtne re -1r , fee 1.1. r rrraxw 1me 1.111 11. at. 01St tor 141 .1-.r _ fs® 1x 1.r f.91. trrpac. Kra* irrr:* nu • as* .w rem MPS.* xrr 'RnrFl¢ * AAA Ree aor .1rr• wrr•rim a1y vrr-Y Verie e n 0.11r10111. ec sPc 14 `ma a weer. r e< roan Mel MAO. r .a rem 1.A,a L r a r -n Pan 1 r 0 - 1w -e woo • Tml a....1. NOM MICR Pree SW Cr, S OnareuCC Mr Mac nous Aro rr.ser nor roc /MAW, MT .LMIXCW2e.raS.41LATICS TOTAL LANDSOAFS MCA 15 380 S F Cr/=HC SCM. GROUND LEVEL PRELIMINARY COLOR PLANTING PLAN ■ � F 001 1 a drown' V,D, checked: V.D, date: 6-27-17 d SHEET — 117 L-1 of 3 sheets JOB NO, PA 1O-0270 17-113 GROUND LEve.rtetiOR PLANING LEGEM:i FHST FLOOR HOTEL •,.• •„roanm• 1 Walt.. Mae IT • • NOT MOWN IMMO. IMIC MI 1 MAMA 1 MUMS I..nn use — WK 1 Pa... u+n+n. ra"... •r,A, I • lm.B., KW "MI Mt VV.. I • l nrT _w•®w.•W121e. �. AO...• IOW rrwner *mac at•crvc• -1SJ a.4•41•01••••• 1K M.Nnc YAM -M. +..anm rw Am KU. g•1•ClaWC. MAO. MKT ••10.17..3 a 'LIMA nAwE • •a..c. NrM wea WA VNl ...MI 44 faiw sail 3 VC 6% 0 L om•� ..• {OA. rat w ArMrA sal PEa.•w•.. M nP.IaM. Mr •.air .nw 0 wn J . rnaa T6 w•0.. On. — MAL. r w. ie .06 1 • rL 1 1 f 1 "1 1 ,wr 01 r•0 l I!1 1 N. g r ►", 111 1 SECOND FLOOR HOTEL INF *AT WI e mw ow!. woost ama m.o.. a e E0e ,,. 1 .d. Oa•••v Nwel. nawanw• • NOM ,fix-+. VEAL •ulaTC4 • a i ren na*i». .eeoa tnn mow, 64x4 r —ev.• tro...ow:.. ,ALS MOM 1.10aLLAMY w ROM Tela. s 1 II All 1 ji I 1. I S 1] I 1 THRID FLOOR HOTEL • ALL PINION. ANN INNIOINON Mal ONO•ENO TO NE OTT Of 1.2•911.4 Oni•••51 ITANOVANIL 1 AU NOW &WNW OVAL NOT MAW IIINNV mom or 5. mu woo wow ff.ne ar ono .Rea A.ou nor MO IMMO• MC ra MK VIN•al•• OR6PHIC SCALE Ground, First, Second, and Third Floor PRELIMINARY COLOR PLANTING PLAN PAMDT/O REVISED drawn: VD checked: V D date: 6-27-17 SHEET L-2 of 3 sheets JOB NO. 17-113 FOURTH R00R HOTEL TLAMPIGLBCH'O TFTH BOOR HOTS SIXTH BOOR HOTEL Is WWW 1 ww•ew rs MAMA 1wow .we I en �w.rc. [+own lam m. ARO 'e 9.o..r .on. Y.O.uew' win[ rw a e. y iG 5fi. �wWn, 00wra f WRwr MtlW -S G• KARA +• W.•mer•veC �M1U Al PAW 1 T Ge war WW1 woe ran. 1 ram 7200+ ww. [ 0tirae .ole r,w f i rw [re sten 1 rem - •esti no0r • Pm) •••••• MIES x or woe ewe mow. raw mw. CAM 1m pen nary WALI WW1 aeon oan PRAM ps) 137-010,1 wwolm m0� usnuL a11/1-1720-3 Per NSW w eKrM•/ IIWRI6 WI 00) 50-ar .111KLnav''i OM) ala-asx• AMMO Me MOWN DOLL GOWN le na MN Orr a" 1130.47 /MI Or wee re OWL maw err w NW NW en We Of AM LW. mrr MAW WOW& GMPIeC SCALE •104 20 Fourth, Fifth and Sixth Floor PRELIMINARY COLOR PLANTING PLAN drown: v.D checked: v D dote: 6-27-17 SHEET L-3 of 3 sheets JOB NO. 17-113 G ELEVATIONS 12) &9 1'13-2317 9.1 0 SOUTH ELEVATION i Coll I. COLORED ELEVATION PR V EAST ELEVATION cf., WEST ELEVATION .. ww nD..m nrw ADD.* - Ply., w D. Der COLORED ELEVATION PR 11 1 IVA UI{ 3 T,[114{ ; �.,, a TRUAX HOTEL MISSION REVIVAL COLOR: CLAY STANDING SEAM METAL ROOF BERRIDGE (OR EQ) COLOR: ZINC GREY CAST IRON COLUMN COLOR: CHARCOAL DOOR COLOR' WALNUT PRECAST CONCRETE CDI COLOR: MODERN GRAY ARRISCRAFT (OR EQ) SMOOTH/ROCKFACE RENAISSANCE, MONTECITO STANDING SEAM METAL ROOF BERRIDGE (OR EQ) COLOR: ANTIQUE COPPER COTE WROUGHT IRON RAILING — HOT DIPPED GALVANIZED STEEL COLOR as STYLE: BLACK DOORS/WINDOWS SIERRA PACIFIC (OR EQI DECORATIVE STUCCO HEADER NATURAL CONCRETE COLOR WROUGHT IRON RAILING HOT DIPPED GALVANIZED STEEL COLOR & STYLE: BLACK MQNEAR BRICK OR EQ1 COLOR . STYLE: SANDMOLD MONTICELLO ARRISCRAFT (OR EQ( SMOOTH/ ROCHFACE RENAISSANCE, GRAPHITE STUCCO FINISH LA HABRA (OR EQ( CAST IN PLACE CONCRETE CANVAS DRAFT PLANNING COMMISSION RESOLUTION CITY COUNCIL CERTIFICIATION OF SEIR AND ACTIONS RELATED THERETO PC RESOLUTION NO. 17- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFY THE FINAL SUBSEQUENT 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 FOR THE TRUAX HOTEL PROJECT, CONSISTING OF APPROXIMATELY 2.46 ACRES GENERALLY LOCATED ON THE NORTH AND SOUTH SIDE OF 3RD STREET BETWEEN OLD TOWN FRONT STREET AND MERCEDES STREET (APN 922-043-002, 922-043-004, 922-043-018, 922-043-024, 922-043-003, 922043-015, 922-043-023, 922-043-025, 922-044-017, AND 922-044-020) Section 1. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On February 22, 2016, Chris Campbell of Walter R. Allen Architect + Associates filed Planning Application No. PA16-0270, a Development Plan. On January 23, 2017, Gary Thornhill, on behalf of the Truax Group submitted Planning Application No. PA17-0109, for a Specific Plan Amendment. On June 30, 2017, Ross Jackson on behalf of the Truax Group, submitted Planning Application PA17-1020, a Minor Exception. These applications (collectively "Project") were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. Collectively, the Project consists of a relocation of a portion of the existing Hotel Overlay contained within the Old Town Specific Plan to allow for the development of a full service hotel. The Project also includes a Minor Exception to increase the allowable building height for a parking garage that will be constructed across the street from the hotel. C. Pursuant to the California Environmental Quality Act (CEQA) (Pub. Res. Code § 21000, et seq.) and the State CEQA Guidelines (14 Cal. Code Regs. § 14000, et seq.), the City is the lead agency for the Project. D. The Project was processed, including but not limited to all public notices, in the time and manner prescribed by State and local law, including CEQA. E. On February 8, 1994, the City Council adopted the Old Town Specific Plan (OTSP). In 2010, pursuant to CEQA and the CEQA Guidelines, the City Council amended the OTSP to adopt a form -based code that established development regulations and standards in the Old Town area. On May 25, 2010, the City Council certified the Program Environmental Impact Report for the OTSP (SCH #2009071049). F. CEQA encourages "tiering" EIRs for a sequence of actions so that later EIRs build on information in previous EIRs (Public Resources Code sections 21068.5 and 21093; CEQA Guidelines section 15152(d)). The Project is located within the OTSP area and, therefore, tiers off of the Program EIR for the OTSP. G. Pursuant to CEQA, City staff determined that the Project could have a significant effect on the environment and therefore a Subsequent Environmental Impact Report (SEIR) should be prepared for the Project. H. On January 12, 2017, the City published and distributed a Notice of Preparation (NOP) to all agencies and persons that might be affected by the Project. The NOP was also distributed through the State Office of Planning and Research, State Clearinghouse (SCH # 2017011029). The NOP was circulated from January 17, 2017 through February 15, 2017 to receive comments and input from interested public agencies and private parties on issue to be addressed in the SEIR. On January 23, 2017, a scoping session was held, at which time City staff and interested persons had an opportunity to determine the extent of issues to be addressed in the SEIR for the Project. J. Thereafter, the City contracted for the independent preparation of a SEIR for the Project, including all necessary technical studies and reports in support of the Draft SEIR. In accordance with CEQA and the CEQA Guidelines, the City analyzed the Project's potential impacts on the environment, potential mitigation, and potential alternatives to the Project. K. Thereafter, City staff filed a Notice of Completion with the State Clearinghouse, and circulated a Notice of Availability with the Draft SEIR and Appendices to the public and other interested parties, for a 45 -day comment period between May 2, 2017 through June 15, 2017. A Notice of Availability was also sent to adjacent property owners indicating a review period of May 2, 2017 through June 15, 2017. The City published a Notice of Availability for the Draft SEIR in the San Diego Union tribune, a newspaper of general circulation within the City. Copies of the documents have been available for public review and inspection at the offices of the Department of Community Development, located at City Hall, 41000 Main Street, Temecula, California 92590; the Ronald H. Roberts Temecula Public Library located at 30600 Pauba Road; Temecula Grace Mellman Community Library located 41000 County Center Drive; Chamber of Commerce located at 26790 Ynez Court, Ste. A, and the City of Temecula website. L. During the comment period, the City received eight (8) written comments on the Draft SEIR from various agencies, individuals, and organization. In compliance with CEQA Guidelines Section 15088, the City prepared written responses to all comments. None of the comments presented any new significant environmental impacts or otherwise constituted significant new information requiring recirculation of the Draft SEIR pursuant to CEQA Guidelines Section 15088.5. M. The "Final SEIR" consists of the Draft SEIR and all of its appendices, the comments and responses to comments on the Draft SEIR, an Errata to the SEIR, and the Mitigation Monitoring and Reporting Program. The Final SEIR was made available to the public and to all commenting agencies on August 2, 2017, which is at least 10 days prior to certification of the Final SEIR, in compliance with Public Resources Code Section 21092.5(a). N. On August 16, 2017, the Planning Commission, held a duly noticed public hearing to consider the Final SEIR and the Project, at which time the Planning Commission heard and considered information presented by City staff on the Project and its environmental review. In addition, interested persons had an opportunity to and did testify regarding this matter. O. The Planning Commission has reviewed and considered the entire record, including the Final SEIR, evidence presented at the hearing, staff reports, technical studies, appendices, plans, and other materials: P. CEQA Guidelines Section 15091 requires that the City, before approving the Project, make one or more of the following written finding(s) for each significant effect identified in the Final SEIR 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 SEIR; 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 SEIR. Q. These required written findings are set forth in Exhibit A, attached hereto and incorporated herein by reference as if set forth in full. 1. Environmental impacts identified in the Final SEIR as no impact or less than significant and do not require mitigation are described in Sections IV and V, respectively, of Exhibit A. 2. Environmental impacts, or certain aspects of impacts, identified in the Final SEIR as potentially significant, but that can be reduced to less than significant levels with mitigation, are described in Exhibit A, Section VI. 3. Environmental impacts identified in the Final SEIR as significant and unavoidable despite the imposition of all feasible mitigation measures are described in Exhibit A, Section VII. 4. Alternatives to the Project that might eliminate or reduce significant environmental impacts are described in Section VIII of Exhibit A. R. Public Resources Code Section 21081.6 requires the City to prepare and adopt a mitigation monitoring and reporting program for any project for which mitigation measures have been imposed to assure compliance with the adopted mitigation measures. The Mitigation Monitoring and Reporting Program is attached hereto as Exhibit B, and is incorporated herein by reference. S. CEQA Guidelines Section 15093 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. The Statement of Overriding Considerations is attached hereto as Exhibit C, and is incorporated herein by reference. Section 2. After due consideration of the SEIR and the Project and in its independent judgment, the Planning Commission hereby finds and resolves that: A. All of the above recitals are true and correct, and are hereby incorporated into this section as though set forth in full. B. Agencies and interested members of the public have been afforded ample notice and opportunity to comment on the Final SEIR and on the Project. The Project has been environmentally reviewed pursuant to the provisions of CEQA and the State CEQA Guidelines. C. The Planning Commission has independently considered the administrative record before it, which is hereby incorporated by reference and which includes the Final SEIR, the written and oral comments on the Draft SEIR and Final SEIR, responses to comments incorporated into the Final SEIR, staff reports and presentations, and all oral and written testimony. D. The Final SEIR fully analyzes and discloses the potential impacts of the Project, and that those impacts have been mitigated or avoided to the extent feasible for the reasons set forth in the Findings attached herein as Exhibit A, with the exception of those impacts found to be significant and unmitigable as discussed therein. E. The Final SEIR reflects the independent judgment of the Planning Commission. The Planning Commission further finds that the additional information provided in the staff reports, in comments on the Draft SEIR, the responses to comments on the Draft SEIR, and the evidence presented in written and oral testimony does not constitute new information requiring recirculation of the SEIR under CEQA. None of the information presented has deprived the public of a meaningful opportunity to comment upon a substantial environmental impact of the Project or a feasible mitigation measure or alternative that the City has declined to implement. F. The Planning Commission, in the exercise of its independent judgment, hereby recommends that the City Council certify the Final SEIR for the Project, make appropriate environmental findings, adopt a Statement of Overriding Considerations, and adopt a Mitigation Monitoring and Reporting Program for the Project. The Planning Commission further recommends that the mitigation measures set forth therein be made applicable to the Project. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 16th day of August, 2017. John Telesio, Chairperson ATTEST: Luke Watson Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 17- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 16th day of August, 2017, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Luke Watson Secretary CITY COUNCIL RESOLUTION CERTIFYING THE SEIR AND ACTIONS RELATED THERETO RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT, ADOPTING FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE TRUAX HOTEL PROJECT, CONSISTING OF APPROXIMATLEY 2.46 ACRES, GENERALLY LOCATED ON THE NORTH AND SOUTH SIDE OF 3RD STREET BETWEEN OLD TOWN FRONT STREET AND MERCEDES STREET (APNS 922- 043-002, 922-043-004,922-043-018, 922-043-024, 922-043- 003, 922-043-015, 922-043-023, 922-043-025, 922-044-017, AND 922-044-020) 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. On February 22, 2016, Chris Campbell of Walter R. Allen Architect + Associates filed Planning Application No. PA16-0270, a Development Plan. On January 23, 2017, Gary Thornhill, on behalf of the Truax Group submitted Planning Application No. PA17-0109, for a Specific Plan Amendment. On June 30, 2017, Ross Jackson, on behalf of the Truax Group, submitted Planning Application PA17-1020, a Minor Exception. These applications (collectively "Project") were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. Collectively, the Project consists of a relocation of a portion of the existing Hotel Overlay contained within the Old Town Specific Plan to allow for the development of a full service hotel. The Project also includes a Minor Exception to increase allowable building height for a parking garage that will be constructed across the street from the hotel. C. The Project was processed, including but not limited to all public notices, in the time and manner prescribed by State and local law, including the California Environmental Quality Act, Public Resources Code § 21000, et seq. (CEQA) and the CEQA Guidelines, 14 Cal. Code Regs. § 15000 et seq. D. Pursuant to CEQA, the City is the lead agency for the Project because it is the public agency with the authority and principal responsibility for reviewing, considering, and potentially approving the Project. E. On February 8, 1994, the City Council adopted the Old Town Specific Plan (OTSP). In 2010, pursuant to CEQA and the CEQA Guidelines, the City Council amended the OTSP to adopt a form -based code that established development regulations and standards in the Old Town area. On May 25, 2010, the City Council certified the Program Environmental Impact Report for the OTSP (SCH #2009071049). F. CEQA encourages "tiering" EIRs for a sequence of actions so that later EIRs build on information in previous EIRs (Public Resources Code sections 21068.5 and 21093; CEQA Guidelines section 15152(d)). The Project is located within the OTSP area and, therefore, tiers off of the Program EIR for the OTSP. G. Pursuant to CEQA, City staff determined that the Project could have a significant effect on the environment and therefore a Subsequent Environmental Impact Report (SEIR) should be prepared for the Project. H. On January 12, 2017, in accordance with CEQA Guideline Section 15082, the City published and distributed a Notice of Preparation (NOP) to all agencies and persons that might be interested in or affected by the Project. The NOP was also distributed through the State Office of Planning and Research, State Clearinghouse (SCH # 2017011029). The NOP was circulated from January 17, 2017 through Febrary 15, 2017 to receive comments and input from interested public agencies and private parties on issues to be addressed in the SEIR for the Project. On January 23, 2017, 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 SEIR. In response to the NOP, eight written comments were received from various individuals and organizations. These comment letters assisted the City in formulating the analysis in the Draft SEIR. J. Thereafter, the City contracted for the independent preparation of a Draft SEIR for the Project, including all necessary technical studies and reports in support of the Draft SEIR. In accordance with CEQA and the CEQA Guidelines, the City analyzed the Project's potential impacts on the environment, potential mitigation, and potential alternatives to the Project. K. Upon completion of the Draft SEIR in May 2017, the City initiated a public comment period by filing a Notice of Completion with the State Office of Planning and Research on Thursday, April 27, 2017. The City also published a Notice of Availability for the Draft SEIR in San Diego Union Tribune, a newspaper of general circulation within the City. L. The Draft SEIR was circulated for public review from May 2, 2017 through June 15, 2017. Copies of the Draft SEIR were sent to various public agencies, as well as to organizations and individuals requesting copies. In addition, copies of the documents have been available for public review and inspection at the offices of the Department of Community Development, located at City Hall, 41000 Main Street, Temecula, California 92590; the Ronald H. Roberts Temecula Public Library located at 30600 Pauba Road; Temecula Grace Mellman Community Library located 41000 County Center Drive; Chamber of Commerce located at 26790 Ynez Court, Ste. A, and the City of Temecula website. M. In response to the Draft SEIR, the City received eight (8) written comments from various agencies, individuals, and organizations. In compliance with CEQA Guidelines Section 15088, the City prepared written responses to all comments. None of the comments presented any new significant environmental impacts or otherwise constituted significant new information requiring recirculation of the Draft SEIR pursuant to CEQA Guidelines Section 15088.5. Those comments and the Response to Comments, together with the Draft SEIR, the Errata to the SEIR, and the Mitigation Monitoring and Reporting Program, constitute the Final Subsequent Environmental Impact Report (Final SEIR). N. Pursuant to Public Resources Code Section 21092.5, at least 10 days prior to certification, the City prepared and provided the Final SEIR, including responses to comments, to the public and all commenting public agencies. O. On August 16, 2017, the Planning Commission held a duly notice public hearing to, consider the Project and the Final SEIR, at which time City staff presented its report and interested persons had an opportunity to and did testify regarding this matter. P. Following consideration of the entire record of information received at the public hearing and due consideration of the Project, the Planning Commission adopted Resolution No. 17-_ recommending that the City Council certify the Final SEIR prepared for the Truax Hotel, adopt Findings pursuant to the CEQA, adopt a Statement of Overriding Considerations, and adopt a Mitigation Monitoring and Reporting Program for the Project. The Planning Commission also adopted Resolution No. 17-_, thereby recommending that the City Council take various actions, including adoption of a Specific Plan Amendment, Minor Exception, and Development Plan related to the approval of the Project. Q. Section 15091 of the State CEQA Guidelines requires that the City, before approving a project for which a SEIR is required, make one or more of the following written finding(s) for each significant effect identified in the Final SEIR 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 SEIR; or, 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency; or, Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final SEIR. R. These required written findings are set forth in Exhibit A, attached hereto and incorporated herein by reference as if set forth in full. 1. Environmental impacts identified in the Final SEIR as no impact or less than significant and do not require mitigation are described in Sections IV and V, respectively, of Exhibit A. 2. Environmental impacts, or certain aspects of impacts, identified in the Final SEIR as potentially significant, but that can be reduced to less than significant levels with mitigation, are described in Exhibit A, Section VI. 3. Environmental impacts identified in the Final SEIR as significant and unavoidable despite the imposition of all feasible mitigation measures are described in Exhibit A, Section VII. Alternatives to the Project that might eliminate or reduce significant environmental impacts are described in Section VIII of Exhibit A. S. CEQA 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 B, and is herein incorporated by reference as if set forth in full. T. CEQA Guidelines Section 15093 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. The Statement of Overriding Considerations is attached hereto as Exhibit C, and is incorporated herein by reference as if set forth in full. U. Prior to taking action, the City Council has heard, been presented with, reviewed, and considered the information and data in the administrative record, including the Final SEIR, the written and oral comments on the Draft SEIR and Final SEIR, responses to comments, staff reports and presentations, technical studies, appendices, plans, and all oral and written testimony presented during the public hearings on the Project. V. 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. Section 2. Substantive Findings. The City Council of the City of Temecula, California does hereby: A. Declare that the above Procedural Findings are true and correct, and hereby incorporates them herein by this reference as though set forth in full. B. Find that agencies and interested members of the public have been afforded ample notice and opportunity to comment on the Final SEIR and on the Project. C. Find and declare that the City Council has independently considered the administrative record before it, which is hereby incorporated by reference and which includes the Final SEIR, the written and oral comments on the Draft SEIR, responses to comments incorporated into the Final SEIR, staff reports and presentations, and all testimony related to environmental issues regarding the Project. D. Find and determine that the Final SEIR fully analyzes and discloses the potential impacts of the Project, and that those impacts have been mitigated or avoided to the extent feasible for the reasons set forth in the Findings attached as Exhibit A and incorporated herein by reference, with the exception of those impacts found to be significant and unmitigable as discussed therein. E. Find and declare that the Final SEIR reflects the independent judgment of the City Council. The City Council further finds that the additional information provided in the staff reports, in comments on the Draft SEIR, 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 SEIR under CEQA. None of the information presented has deprived the public of a meaningful opportunity to comment upon a substantial environmental impact of the Project or a feasible mitigation measure or alternative that the City has declined to implement. F. Certify the Final SEIR as being in compliance with CEQA. The City Council further adopts the Findings pursuant to CEQA as set forth in Exhibit A; adopts the Mitigation Monitoring and Reporting Program attached as Exhibit B; and adopts the Statement of Overriding Considerations as set forth in Exhibit C. 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 SEIR 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 C, by itself, would individually justify proceeding with the Project despite any significant unavoidable impacts identified in the Final SEIR or alleged in the record of proceedings. G. The City Council hereby imposes as a condition on the Truax Hotel Project each mitigation measure specified in Exhibit B, and directs City staff to implement and to monitor the mitigation measures as described in Exhibit B. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of , 2017. Maryann Edwards, 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. - was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , 2017 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk EXHIBIT A 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. ("Guidelines") provide that no public agency shall approve or carry out a Project for which an Environmental Impact Report ("EIR") 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: 1. Changes or alterations have been required in, or incorporated into, the Project, which avoid or substantially lessen the significant environmental effects identified in the EIR. 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. Specific economic, social, or other considerations make infeasible the mitigation measures or Project alternatives identified in the EIR. Pursuant to the requirements of CEQA, the City Council of the City of Temecula ("Temecula" or "City") hereby makes the following environmental findings in connection with the proposed Truax Hotel Project (the "Project"). These findings are based upon written and oral evidence included in the record of these proceedings, comments on the Draft Subsequent EIR (SEIR) and the written responses thereto, the Final SEIR, and reports presented to the Planning Commission and the City Council by City staff and the City's environmental consultants. 11. Project Objectives. As set forth in the SEIR, the objectives of this Project (the "Project Objectives") are as follows: A. Provide an upscale lodging facility that will service both residents and tourists visiting Old Town Temecula; B. Provide additional conference room facilities within Old Town Temecula; and C. Create an aesthetically compatible development and minimize impacts to neighboring properties by designing with high quality architecture and signage. A-1 III. Background. In 2010, the City of Temecula certified the Old Town Specific Plan (OTSP) Program EIR ("Program EIR") which evaluated an amendment of the original OTSP. The purpose of the Amendment was to enhance design guidelines and encourage residential development within the Old Town area. The 2010 document served as a Program EIR for the OTSP that established development parameters, provided land use areas, but did not propose or evaluate any specific project development, since the exact development proposals for future projects, such as the proposed Project, were not yet known at the time. The Project proposes to develop a six -story boutique hotel, including 151 guest rooms and a basement, and a six -story, 219 -stall parking garage in Old Town Temecula, on the 1.8 -acre Project site. The proposed Project site is located within the Old Town Specific Plan (OTSP) area and is located in the Downtown Core District (DTC) along Third Street between Mercedes Street and Old Town Front Street. A Development Plan Review would be required for development of the Project. The proposed Project would require approval of a Specific Plan Amendment (SPA) to the OTSP in order to relocate a portion of the Hotel Overlay (HO) that is currently sited approximately 200 feet southeast of the Project location. The SPA would relocate approximately 61,569 SF of the DTC zoning district at the intersection at First Street and Front Street. The SPA would then shift 61,569 SF of that zone to the proposed hotel site and rezone the area as DTC/HO zoning district. In addition, the proposed Project would require the approval of a Tentative Parcel Map in order to: (1) merge the two existing parcels into one parcel on the north side of Third Street for development of the parking structure and (2) merge the eight existing parcels into one parcel on the south side of Third Street to allow development of the hotel. Effects Determined to Be Less than Significant/No Impact in the Initial Study for the Program EIR and in the SEIR. The City of Temecula issued a Notice of Preparation ("NOP") and in the course of the environmental review, the Project was found to have no impact in certain impact categories because a Project of this type and scope or in this location would not create such impacts or because of the absence of Project characteristics producing effects of this type. The impact areas discussed below were found to be less than significant or have no environmental impact in the Initial Study for the OTSP Amendment, and therefore were not evaluated in the 2010 OTSP Program EIR or the Draft SEIR for the Project. These impact areas include Agriculture and Forestry Resources, Biological Resources, Mineral Resources, Population and Housing, Public Services and Recreation. A summary of the impact discussions from the resource areas below can be found in Chapter 3.0 of the Draft SEIR. A-2 IV. Effects Determined to Be Less than Significant/No Impact in the Initial Study for the Program EIR and in the SEIR. A. AGRICULTURE AND FORESTRY RESOURCES 1. The Project would not convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance to non-agricultural use. The Project Site does not contain any Forest Land, Prime Farmland, Unique Farmland, or Farmland of Statewide Importance. 2. The Project would not conflict with existing zoning for agricultural use or a Williamson Act contract. The Project Site does not contain any land subject to a Williamson Act contract. 3. The Project would not conflict with existing zoning for, or cause rezoning of, forest land, timberland, or timberland zoned Timberland Production. The Project Site does not contain any type of land zoned for forest land or timberland. 4. The Project would not result in the loss of forest land or conversion of forest land to non -forest use. The Project site does not contain any type of forest land. 5. The Project would not involve any changes in the existing environment which, due to their location or nature, could result in conversion of Farmland to non-agricultural use or conversion of forest land to non -forest use. 6. The Project would not result in cumulative impacts related to agriculture or forestry resources. B. BIOLOGICAL RESOURCES 1. The Project would not have a substantial adverse effect on any candidate, sensitive, or special status species, riparian habitat, sensitive natural communities, or federally protected wetlands. The Project site is located in a developed, urban area and would not impact these biological resources. 2. The Project would not have interfere substantially with the movement of any native resident, migratory fish or wildlife species, wildlife corridors, or impede the use of native wildlife nursery sites. The Project site is located in a developed, urban area and would not impact these biological resources. 3. The Project would not conflict with any local policies or ordinances protection biological resources, such as the City's Heritage Tree Ordinance. A-3 4. The Project would not conflict with the provisions of an adopted Habitat Conservation Plan or Natural Community Conservation Plan, such as the Riverside County Multiple Species Habitat Conservation Plan. C. MINERAL RESOURCES 1. The Project would not result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state or a locally -important mineral resource recovery site. The area is not considered to contain mineral resources of significant economic value and the Project would not result in cumulative impacts related to mineral resources. D. POPULATION AND HOUSING 1. The Project would not induce substantial population growth in the area, either directly or indirectly. 2. The Project would not displace substantial numbers of existing housing or people, necessitating the construction of replacement housing elsewhere. The Project would be developed on non- operational commercial uses and vacant land. E. PUBLIC SERVICES 1. The Project would not result in impacts associated with the need for additional public services from fire protection, police protection, schools, parks and other public facilities. Development of the OTSP area was anticipated in the Final EIR that was prepared for the City General Plan. Therefore, the need for public services was previously analyzed and determined, and no additional facilities would be required as a result of the Project. F. RECREATION 1. The Project does not include or require construction of parks or recreational facilities and would not increase the use of existing parks or recreational facilities such that substantial physical deterioration of the facility would occur. V. Effects Determined to be Less Than Significant Without Mitigation in the SEIR. The SEIR found that the proposed Project will have a less than significant impact without the imposition of mitigation on a number of environmental topic areas listed below. A less than significant environmental impact determination was made for each of A-4 the following topic areas listed below, based on the more expansive discussions contained in the Final SEIR. A. AESTHETICS 1. The Project would not have a substantial adverse effect on a scenic vista, scenic resources, or a State Scenic Highway. The proposed six -story hotel and parking garage could potentially obstruct views of the foothills and ridgelines east of the Project, but the Project site has not been identified as a designated viewshed, nor is it located in the sightline of a nearby viewshed. Furthermore, the Project site is not visible from any State Scenic Highways, and no State Scenic Highways are visible from the Project site. 2. The Project would not substantially degrade the exiting visual character or quality of the site and its surroundings. The hotel development would be consistent with the Old Town Specific Plan design guidelines, architectural character, and surrounding land uses. The Project would likely enhance the visual character of the area because of the high-quality architecture with visually appealing elements, such as improved landscaping and new buildings. 3. The Project, in conjunction with other cumulative projects, would not result in a cumulatively considerable contribution to aesthetic impacts. Cumulative impacts would be less than significant. B. AIR QUALITY 1. The Project would not conflict with or obstruct implementation of an applicable air quality plan. The employment growth associated with the proposed hotel would be within the anticipated growth accounted for in the Southern California Association of Government (SCAG) growth assumptions for the City, and therefore the Project would be consistent with the regional Air Quality Management Plan. 2. The Project would not create objectionable odors affecting a substantial number of people. As a hotel development, it does not include any uses identified by the South Coast Air Quality Management District (SCAQMD) as being associated with odors and any potential sources of odors during construction would be temporary and intermittent in nature. C. GEOLOGY AND SOILS 1. The Project would not expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving rupture of a known earthquake fault. The Project area is located outside of any Alquist-Priolo Fault Rupture Zone. A-5 2. The Project would not expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving seismic -related ground failure, including landslides and liquefaction. The Project site is located on a relatively level area that has a low likelihood of being susceptible to landslides or liquefaction. 3. The Project would not have soils incapable of inadequately supporting the use of septic tanks or alternative wastewater systems. The Project development would deliver wastewater to the wastewater treatment plant in Temecula and would not have use for any septic tanks or alternative wastewater systems. 4. The Project, in combination with existing, approved, proposed, and reasonably foreseeable development in Temecula and nearby areas of Riverside County, would not contribute to cumulative geologic and soils impacts. D. HAZARDS AND HAZARDOUS MATERIALS 1. The Project would not create significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials. Construction and operation of the Project would comply with all required applicable regulations, such as the Hazardous Materials and Waste Management Plan of Riverside County, related to hazardous material handling, storage and removal. 2. The Project would not emit hazardous emissions or handle hazardous materials within one-quarter mile of an existing school. There are no schools located within a quarter mile of the proposed Project site. The closest school to the site is the Vail Elementary School located approximately 0.75 miles to the northeast. 3. The Project would not be located on a site which is included on a list of hazardous materials sites and would not create a significant hazard to the public or the environment. 4. The Project would not result in a safety hazard for people residing or working within an airport land use plan, two miles of a public airport, or the vicinity of a private airstrip. 5. The Project would not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. Construction of the Project would comply with all emergency vehicle access requirements. Operation of the Project would not impede emergency access routes or result in permanent road closures. A-6 6. The Project would not expose people or structures to a significant risk of loss, injury or death involving wildland fires. The Project is located in an urbanized section of Temecula and would be required to adhere to all fire suppression requirements and fire safety measures in accordance with the most recent Uniform Fire Code. 7 The Project would result in less than significant cumulative impacts related to hazards and hazardous materials. E. HYDROLOGY AND WATER QUALITY 1. The Project would not substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level. The Rancho California Water District (RCWD) would have sufficient water supplies to accommodate the proposed Project as projected in its 2030 water demand forecast. The Project site is currently developed and largely covered in impermeable surfaces. After completion of construction, the Project site would continue to be largely covered by impermeable surfaces and thus would have no substantive change to the amount of groundwater recharge that occurs at the site. 2. The Project would not substantially alter the drainage pattern of the site such that it would result in substantial erosion or siltation on or off the site. Construction of the Project would be required to comply with the National Pollutant Discharge Elimination System (NPDES) Construction General Permit and to develop a Stormwater Pollution Prevention Plan (SWPPP), which would protect against substantial erosion or siltation on and off the Project site. The impermeable surfaces could result in changes in flows and drainages, but runoff from the Project site would be treated by implementation of Best Management Practices (BMPs), such as the proposed biotreatment facilities. 3. The Project would not place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map, nor structures which would impede or redirect any flood flows. The Project area and structural development is not within the 100 -year flood zone of Murrieta Creek. 4. The Project would not expose people or structures to a significant risk of loss, injury or death involving flooding as a result of the failure of a levee or dam. The Project site is located in the dam inundation areas for Lake Skinner, Vail Lake, and Diamond Valley Lake. However, compliance with applicable plans and programs, A-7 such as the City's Dam Inundation Evacuation Plan, would reduce risks associated with flooding and dam failure to less than significant. 5. The Project would not expose people to a significant risk of loss, injury or death involving inundation by a seiche or tsunami because the Project area is not located immediately near a coast or large body of water. The Project area is located over 20 miles from the Pacific Ocean, which is a large enough distance to avoid tsunami impacts and has no body of water in close proximity to the Project site. The site is relatively level and would not be subject to mudflow. 6. The Project's incremental contribution to hydrology and water quality impacts would not be cumulatively considerable. F. LAND USE AND PLANNING 1. The Project development would not physically divide an established community. There are residential apartments located approximately 70 feet southwest of the Project boundary, but the development of the Project would not divide this existing community. There are no other residential communities in the immediate vicinity of the Project site. 2. The Project would not conflict with any applicable land use plan, policy, or regulation or adopted for the purpose of avoiding or mitigating an environmental effect. The Project would be consistent with all applicable policies from the SCAG 2016-2040 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) and the City's OTSP. 3. The Project would not conflict with any applicable habitat conservation plan or natural community conservation plan. The proposed Project is located within the Western Riverside County Multiple Species Natural Community Conservation Plan (WRC MSHCP); however, the Project site is located in a developed, urban area, and is not located within a criteria area identified by the WRC MSHCP. A Habitat Evaluation and Acquisition Negotiation Strategy or Joint Powers Review is not required for the Project. 4. The Project would have a less than cumulatively considerable impact on land use and planning. G. NOISE 1. The Project would not result in exposure of people within an airport land use plan, two miles of a public airport, or the vicinity of a private airstrip to excessive noise levels. There are no airports or A-8 airstrips located within two miles of the Project area. The closest airport to the plan area is the Billy Joe Airport located approximately five miles east. H. TRANSPORTATION AND CIRCULATION 1. The Project would not conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways. The Project would not conflict with the City of Temecula policies, including, but not limited to travel demand measures, or other standards established by the CMP for designated roads or highways for the Existing (2016) Plus Project and Opening Year (2018) Plus Project study scenarios. 2. The Project would not result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks. The Project area is not within the French Valley Airport or Billy Joe Airport influence areas. 3. The Project would not substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment) or result in inadequate emergency vehicle access. The final grading, landscaping, and street improvement plans will demonstrate that design standards related to traffic and emergency access are met. 4. The Project would not conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities. None of the Project's public right of way improvements would impede existing bicycle facilities (i.e., the Class III facility on Old Town Front Street) or transit facilities. I. UTITILIES AND SERVICE SYSTEMS 1. The Project would not exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board. 2. The Project would not require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects. 3. The Project would have sufficient water supplies available to serve the Project from existing entitlements and resources, and does not need new expanded entitlements. A-9 4. The Project would not result in a determination by the wastewater treatment provider that it has inadequate capacity to serve the Project's projected demand in addition to the provider's existing commitments. The Temecula Valley Regional Water Reclamation Facility would have sufficient capacity to process the additional average wastewater flow that would be generated by the Project. 5. The Project would be served by a landfill with sufficient permitted capacity to accommodate the Project's solid waste disposal needs and would comply with federal, state, and local statutes and regulations related to solid waste. The existing capacity of the El Sobrante Sanitary Landfill would be sufficient to accommodate solid waste generation by the Project during construction and at full build -out. 6. The Project would result in less than significant cumulative impacts related to utilities and service systems. VI. Potentially Significant Environmental Impacts Determined to be Mitigated to a Less Than Significant Level. The SEIR identified the potential for the Project to cause significant environmental impacts in the areas of Aesthetics, Air Quality, Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Hydrology and Water Quality, Noise, and Transportation and Circulation. Measures have been identified that would mitigate all of the impacts in this section to a less than significant level. The City Council finds that mitigation measures identified in the Final SEIR would reduce the Project's impacts to a less than significant level, with the exception of the unmitigable impacts discussed in Section VII. The City Council adopts all of the feasible mitigation measures for the Project described in the Final SEIR as conditions of approval of the Project and incorporates those into the Project, as discussed more fully in the Mitigation Monitoring and Reporting Program. A. AESTHETICS 1. Light and Glare Impact AES -4: The Project would create a new source of light and glare throughout the Project area. a. Findings Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects related to light and glare. Specifically, the following measure has been included to ensure that the Project's potential light and glare impacts remain less than significant. A-10 Mitigation Measure MM -AES -1: The Project applicant would be required to implement the lighting reduction mitigation proposed in the OTSP Program EIR. The following light and glare standards shall be applied to the proposed Project: • The applicant shall ensure that all lighting fixtures shall contain "sharp cut-off" fixtures, and shall be fitted with flat glass lenses and internal and external shielding. • The applicant shall ensure that all fixtures shall be parallel with the finished grade of the Project site; no fixtures shall be tilted above a 90 -degree angle. • The applicant shall ensure that site lighting systems shall be grouped into control zones to allow for open, 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. • The applicant shall submit a lighting plan and photometric plan to be reviewed by the City of Temecula. The lighting plan shall include design features (such as those mentioned above) to minimize impacts of light and glare on the surrounding area. • The City shall complete a post -installation inspection to ensure that the site is not excessively illuminated (such that lighting is not creating excessive glare, unreasonably competing for the public's attention or creating any roadway safety hazard) and that lighting sources are properly shielded. • In order to mitigate potential impacts to the Mount Palomar Observatory, all lighting plans shall be reviewed by the City to assure utilization of low pressure sodium vapor lamps; step-down lighting techniques; shielding to prevent upward and outward illumination; and compliance with the County Ordinance No. 655. • The proposed Project shall prohibit 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. b. Facts in Support of Findings Currently, the Project Site includes onsite sources of light or glare from existing commercial buildings and street lights. However, these existing buildings would be demolished as part of the proposed Project and on-site existing light sources would be removed. During construction of the Project, there is the possibility of limited, temporary nighttime construction lighting for security. Once operational, the Project's hotel and parking garage uses would introduce new sources of light and glare from lighting for the buildings and streets, as well as from cars traveling through the Project site. The proposed Project is located approximately 20 miles from the Palomar Observatory, which is in Zone B (45 -mile Radius Lighting Impact Zone) according to the Palomar Observatory Light Pollution Ordinance (Riverside County's Light Pollution Ordinance No. 655). The Project would be required to comply with Ordinance No. 655, which lessens "sky glow" from nighttime light sources by requiring a variety of measures. These measures, which are included as part of Mitigation Measure MM -AES -1, include the preparation of an outdoor lighting plan and photometric plan to reduce the effects of light pollution from nighttime light sources. Mitigation Measure MM -AES -1 imposes lighting design and placement requirements that would further reduce "sky glow" and the spilling of light from on-site light sources. With the imposition of MM -AES -1, impacts of the proposed Project related to light and glare would be less than significant. B. AIR QUALITY 1. Construction — Violate an Air Quality Standard Impact AIR -4: The Project's construction emissions could exceed SCAQMD's regional significance thresholds for NOX, and therefore could would violate an air quality standard or contribute substantially to an existing or projected air quality violation. a. Finding Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects related to violation of air quality standard. Specifically, the following measure has been included to ensure that the Project's potential air quality impacts remain less than significant. Mitigation Measure MM -AIR -1: All off-road construction equipment with a horsepower (HP) greater than 50 shall be required to have USEPA certified Tier 4 interim engines or engines that are certified to meet or exceed the emission ratings for USEPA Tier 4 engines. A copy of each unit's certified tier specification or model year specification shall be available upon request at the time of mobilization of each applicable unit of equipment. b. Facts in Support of Findings A-12 Construction of the Project would produce maximum daily air pollutant emissions during the grading and excavation phase of construction. The maximum daily construction emissions generated by the Project's worst-case construction scenario (i.e. days with the most construction equipment operating) would produce approximately 105.56 pounds per day of NOx. SCAQMD's daily significance threshold for NOx is 100 pounds per day. Therefore, construction emissions would have a potentially significant regional air quality impact regarding NOx emissions and would require mitigation. Mitigation Measure MM -AIR -1 would require the use of EPA Rated Tier 4 (or equivalent) engines on construction equipment. The use of Tier 4 (or equivalent) engines is applied to all equipment greater than 50 horsepower in each phase in order to be reduced to below a significant level. With implementation of this mitigation measures, maximum daily emissions of NOx would be 50.39 pounds per day, which is below the significance threshold of 100 pounds per day. Therefore, impacts related to violation of an air quality standard are reduced to less than significant with mitigation. 2. Cumulative Net Increase of Any Nonattainment Pollutant Impact AIR -3: The Project's construction emissions could result in a cumulatively considerable net increase of any nonattainment pollutant. a. Finding Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects related to the net increase of any nonattainment pollutant. Specifically, the following measure has been included to ensure that the Project's potential air quality impacts remain less than significant. Mitigation Measure MM -AIR -1. b. Facts in Support of Findings According to the SCAQMD, if an individual project results in air emissions of criteria pollutants (ROG, CO, NOx, SOx, PM 10, and PM2.5) that exceed the SCAQMD's recommended daily thresholds for project -specific impacts, then it would also result in a cumulatively considerable net increase of these criteria pollutants for which the proposed Project region is in non -attainment under an applicable federal or state ambient air quality standard. As discussed above, the Project's emissions during construction would exceed SCAQMD's regional threshold of significance for NOx. Therefore, when considered in addition to other projects in the cumulative scenario, the Project's incremental contribution of NOx emissions to impacts on air quality would be cumulatively considerable. However, with implementation of Mitigation Measure MM - AIR -1, the Project's NOx emissions would not exceed the SCAQMD regional threshold and cumulative air quality impacts would be reduced to a less than significant level. A-13 3. Construction — Expose Sensitive Receptors to Substantial Pollutant Concentrations Impact AIR -3: The Project's construction emissions could expose sensitive receptors to substantial pollutant concentrations. a. Finding Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects related to exposing sensitive receptors to substantial pollutant concentrations. Specifically, the following measures have been included to ensure that the Project's potential air quality impacts remain less than significant. Mitigation Measure MM -AIR -1 Mitigation Measure MM -AIR -2: During earthmoving and construction phases, use water trucks to spray unpaved roads and exposed soils on the Project site at least four times per day to keep all areas where vehicles move damp enough to prevent dust raised when leaving the site. In addition, require all vehicles and off-road equipment to limit maximum speed on unpaved roads within the Project site to 15 miles per hour. b. Facts in Support of Findings Residential apartment units located immediately adjacent to the southwest of the Project site, approximately 65 feet (25 meters) from the Project boundary, are the nearest sensitive receptors, which means that construction emissions were compared to the 1.9 -acre site localized significance thresholds (LST) (listed in Table 3.2-5 of the Draft SEIR) for a receptor distance of 82 feet (25 meters) from the site boundary. Based on SCAQMD guidance (specifically, the Fact Sheet for Applying CaIEEMod to Localized Significance Thresholds (Fact Sheet), found under the heading Appendix C- Mass Rate LST Look -up Table under the guidance page located at (http://www.agmd.gov/home/regulations/ceqa/air-quality-analysis-handbook/localized- significance-thresholds), the determination of significance based on 1.8 acres of disturbance per day was interpolated for this analysis. For PM10, the LST is 6.4 pounds per day; for PM2.5, the LST is 3.8 pounds per day. During grading and excavation phases of construction, emissions would exceed LSTs for PM10 (10.4 pounds per day) and PM2.5 (7.0 pounds per day). Mitigation Measure MM -AIR -1 requires all construction equipment to have EPA Rated Tier 4 (or equivalent) engines during each phase. Mitigation Measure MM -AIR -2 requires the Project site's unpaved roads used for any vehicular travel to be watered at least four times per eight hour workday to reduce fugitive dust emissions to below a significant level. With implementation of these mitigation measures, maximum daily emissions of PM10 would be 5.6 pounds and maximum daily emissions of PM2.5 would be 3.1, which are both below the LSTs for nearby sensitive receptors. Therefore, A-14 impacts related to exposure of sensitive receptors to pollutants are reduced to less than significant with mitigation. C. CULTURAL RESOURCES 1. Historical and Archaeological Resources Impact CUL -1: The results of archival research, geoarchaeological review, Tribal correspondence, and field survey suggest the Project area is sensitive for cultural resources. Although the lack of identified subsurface archaeological materials greatly reduces the likelihood of encountering buried archaeological resources as a result of Project implementation, it does not preclude this possibility entirely. The possibility exists of encountering buried archaeological resources that may be considered historical resources or unique archaeological resources pursuant to CEQA. a. Findings Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects related to historical and archaeological resources. Specifically, the following measures have been included to ensure that the Project's potential historical and archaeological resources impacts remain less than significant. Mitigation Measure MM -CUL -1: Prior to issuance of a grading permit and prior to the start of any ground -disturbing activity, the applicant shall retain a qualified archaeologist, defined as an archeologist meeting the Secretary of the Interior's Professional Qualification Standards for archeology (U.S. Department of Interior 2012) and as approved by the City of Temecula, to provide archeological expertise in carrying out all mitigation measures related to archeological resources (Mitigation Measures CUL -2 and -3). Mitigation Measure MM -CUL -2: Prior to the start of ground -disturbing activities, the qualified archaeologist shall designate an archaeological monitor to observe ground -disturbing activities, including but not limited to brush clearance and grubbing, grading, trenching, excavation, and the construction of fencing and access roads, in consultation with the Pechanga monitor. If ground -disturbing activities occur simultaneously in two or more areas located more than 500 feet apart, additional archaeological monitors may be required. The archaeological monitor shall keep daily logs. After monitoring has been completed, the qualified archaeologist shall prepare a monitoring report that details the results of monitoring activities, which shall be submitted to the City, Pechanga Tribe, and to the EIC at the University California, Riverside. A-15 Mitigation Measure MM -CUL -3: At least 30 days prior to issuance of a grading permit and prior to the start of any ground -disturbing activity, the Project Applicant shall contact the Pechanga Tribe to notify the Tribe of grading, excavation and the monitoring program, and to coordinate with the Tribe to develop and enter into a Cultural Resources Treatment and Monitoring Agreement (Agreement). The Agreement will address the treatment of known cultural resources; appropriate treatment and procedure for inadvertent discoveries; the designation, responsibilities, and participation of Native American Tribal monitors during grading, excavation and ground disturbing activities; Project grading and development scheduling; terms of compensation for the monitors; and treatment and final disposition of any cultural resources, sacred sites, and human remains discovered on the site. The Pechanga Tribal monitor shall monitor all ground -disturbing activities including, but not limited to, brush clearance and grubbing, grading. trenching, excavation, and the construction of fencing, as specified in the Agreement, and in consultation with the Project archeologist. If ground - disturbing activities occur simultaneously in two or more locations, additional Native American monitors may be required. Mitigation Measure MM -CUL -4: If inadvertent discoveries of subsurface cultural resources are discovered during ground -disturbing activities, the Project Applicant, the Project qualified Archaeologist, and the Pechanga Tribe shall assess the significance of such resources and shall meet and confer regarding the mitigation for such resources. Pursuant to PRC Section 21083.2(b), avoidance is the preferred method of preservation for archaeological resources. If the Project Applicant and the Pechanga Tribe cannot agree on the significance or the mitigation for such resources, these issues will be presented to the Planning Director for decision. The Planning Director will make the determination based on the provisions of the California Environmental Quality Act with respect to archaeological resources and will take into account the religious beliefs, customs, and practices of the Pechanga Tribe. Notwithstanding any other rights available under the law, the decision of the Planning Director will be appealable to the City Planning Commission and/or City of Temecula City Council. Mitigation Measure MM -CUL -5: The landowner shall relinquish ownership of all cultural resources, including sacred items. Burial goods and all archaeological artifacts that are recovered as a result of Project implementation to the Pechanga Tribe for proper treatment and disposition as outlined in the Agreement (Mitigation Measure CUL -3). Mitigation Measure MM -CUL -6: All sacred sites, should they be encountered within the Project area, shall be avoided and preserved as the preferred mitigation, if feasible. A-16 b. Facts in Support of Findings There are no current, known archeological or built environment resources in the Project Site that are listed in or eligible for listing in the California Register or local register, or that may be considered unique archaeological resources. As such, there would be no impact to known historical or unique archaeological resources. Nonetheless, archival research indicates the Project Site lies within an area that is highly sensitive for cultural resources. The lack of identified subsurface archaeological materials within or immediately adjacent to the Project site greatly reduces the likelihood of encountering buried archaeological resources, but it does not preclude this possibility entirely. As such, there exists the possibility of encountering buried archaeological resources that may be considered historical resources or unique archaeological resources pursuant to CEQA. Mitigation Measures MM -CUL -1 through MM -CUL -6 require specific measures to ensure that any such resources would be identified and any impacts to the resources would be avoided. Therefore, these mitigation measures would ensure that impacts would be reduced to less than significant. 2. Paleontological Resources Impact CUL -2: The Project could not directly or indirectly destroy a unique paleontological resource or site or unique geological feature. a. Findings Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects related to paleontological resources. Specifically, the following measure has been included to ensure that the Project's potential paleontological resources impacts remain less than significant. Mitigation Measure MM -CUL -7: In the event paleontological resources are discovered during Project implementation, the Project Applicant will notify the City's Planning Director and a qualified paleontologist, defined as one meeting the Society of Vertebrate Paleontology standards (Society of Vertebrate Paleontology, 1995). The paleontologist shall 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 shall be temporarily halted or diverted until the discovery is examined by a qualified paleontologist. The paleontologist shall notify the appropriate agencies to determine procedures that would be followed before construction is allowed to resume at the location of the find. If the City determines that avoidance is not feasible, the paleontologist shall prepare an excavation plan for mitigating the effect of the Project on the qualities that make the A-17 resource important. The plan will be submitted to the City for review and approval prior to implementation. b. Facts in Support of Findings The Project vicinity is underlain by older Quarternary alluvium and the Pauba Formation. Previous resource assessments indicate a wide range of vertebrate fauna from the Rancholabrean North American Land Mammal Age have been recovered from older Quarternary alluvium in the vicinity of the proposed Project. Furthermore, the Pauba formation is known to contain vertebrate fossils of late Irvingtonian and early Rancholabrean ages. As such, the older Quaternary alluvium and the Pauba Formation have a high paleontological sensitivity and there exists the possibility that proposed Project implementation may impact paleontological resource or unique geological feature. Implementation of Mitigation Measure MM -CUL -7 would reduce potential impacts to paleontological resources to Tess than significant. 3. Human Remains Impact CUL -3: Because the Project would involve ground -disturbing activities, it is possible that such actions could unearth, expose, or disturb previously unknown human remains interred outside of a formal cemetery. a. Findings Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects related to human remains. Specifically, the following measure has been included to ensure that the Project's potential human remain disturbance impacts remain less than significant. Mitigation Measure MM -CUL -8: If human remains are encountered, California Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to PRC Section 5097.98(b), remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the NAHC must be contacted within 24 hours. The NAHC must then immediately identify the MLD upon receiving notification of the discovery. The MLD shall then make recommendations within 48 hours and engage in consultation concerning the treatment of the remains as provided in PRC Section 5097.98 and the Agreement described in Mitigation Measure MM -CUL -3. b. Facts in Support of Findings No known human remains exist within the proposed Project vicinity. However, since the proposed Project would involve ground -disturbing activities, it is possible that such actions could unearth, expose, or disturb previously unknown human remains. A-18 Implementation of Mitigation Measure MM -CUL -8 would ensure that impacts are less than significant. 4. Tribal Cultural Resources Impact CUL -4: Project implementation may cause a substantial adverse change in the significance of a tribal cultural resource as defined in PRC 21074. a. Findings Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects related to tribal cultural resources. Specifically, the following measures have been included to ensure that the Project's potential tribal cultural resources impacts remain less than significant. Mitigation Measures MM -CUL -3, MM -CUL -4, MM -CUL -5, and MM -CUL - 6 b. Facts in Support of Findings While no tribal cultural resources were identified within the Project site, at least four resources were identified by the Pechanga Tribe within the immediate vicinity. Given the sensitivity of the broader area for archaeological, ethno-historic, and tribal cultural resources, the Pechanga Tribe considers the entire area to be highly sensitive for tribal cultural resources. Project activities, particularly ground -disturbing activities, have the potential to uncover previously unidentified resources that could be identified as tribal cultural resources. In light of this sensitivity, the Pechanga tribe has requested Native American monitoring of all ground disturbing activities associated with the Project. This request has been incorporated into the mitigation measures presented in this section. Implementation of Mitigation Measures MM -CUL -3 through MM -CUL -6 would reduce potential impacts to tribal cultural resource to less than significant. D. GEOLOGY AND SOILS 1. Seismic Groundshaking Impact GEO-lb: The Project development could expose people or structures to potential substantial adverse effects from strong seismic groundshaking, including the risk of loss, injury or death. a. Findings The Project site is located in a seismically active region with active fault segments of the Elsinore fault zone located approximately 2,000 feet from the Project boundary. The Elsinore Fault Zone is one of the faults considered capable of producing significant groundshaking. If not designed appropriately, the proposed Project's structures could be A-19 damaged from significant groundshaking in a 6.7 or greater magnitude earthquake on the Elsinore or one of the other regional active faults. Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects to groundshaking to less than significant. Specifically, the following measures have been included to ensure that the Project's potential impacts remain less than significant. Mitigation Measure MM-GEO-1: Prior to issuance of a building permit, a final design level geotechnical report shall be prepared by a California registered geotechnical engineer or engineering geologist and submitted to the City in accordance with City, California Building Code (CBC) and engineering standards. The final report shall be based on the recommendations contained within the Preliminary Geotechnical report prepared for the Project site and include measures to incorporate seismic design measures that meets CBC requirements. The report shall address all geotechnical hazards including seismic design, liquefaction, soil stability, and any other geotechnical hazard identified at the site. b. Facts in Support of Findings The Project would be constructed in accordance with applicable City ordinances and policies and consistent with the most recent version of the CBC, which requires structural design that can accommodate ground accelerations expected from known active faults. In addition, the design -level geotechnical investigations would be prepared by a California registered Geotechnical Engineer or Engineering Geologist and recommendations would include final design parameters for any retaining walls, foundations, foundation slabs, and surrounding related improvements (cut slopes, utilities, roadways, parking lots and sidewalks). These recommendations, based on those contained within the preliminary geotechnical investigation prepared for the site would be necessary to reduce potential impacts associated with groundshaking. Therefore, with implementation of the seismic design requirements into construction specification as required by Mitigation Measure GEO-1, the impacts associated with the effects associated with groundshaking would be reduced to less than significant levels. 2. Construction Impacts to Soil Erosion Impact GEO-2: Construction of the Project could result in soil erosion of the loss of topsoil on the Project Site. a. Findings Construction of the Project has a potential to result in soil erosion or the loss of topsoil on the Project Site because construction would involve significant earthwork activities, including grading and stockpiling of soils. Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects to soil erosion to less than significant. Specifically, the A-20 following measures have been included to ensure that the Project's potential impacts remain less than significant. Mitigation Measure MM -HYD -1: As a condition of approval, the proposed Project shall be required to implement the 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 final Project designs implement specific water quality features to meet the City's Municipal Separate Storm Sewer System (MS4) Permit and Stormwater Ordinance requirements. The WQMP shall be reviewed and approved by the City of Temecula prior to the issuance of a building or grading permit. Mitigation Measure 3.5-1 (from OTSP Program EIR): Prior to the issuance of a grading or building permit for individual Projects, the Project developer shall file a Notice of Intent (NOI) with California to comply with the requirements of the NPDES General Construction Permit (Municipal Code, Chapter Chapter 8.24). This would include the preparation of a SWPPP incorporating construction BMPs for control of erosion and sedimentation contained in stormwater runoff. b. Facts in Support of Findings These mitigation measures require the implementation of construction BMPs, which would be detailed in the SWPPP as required by the Construction General Permit from the NPDES program, as further discussed in the Hydrology and Water Quality section, and the preparation of a WQMP, as required by the City Stormwater Ordinance. Although these measures are intended to prevent sedimentation from entering runoff from the site, they generally prevent soil erosion and loss of topsoil occurring at a construction site. Therefore, with adherence to these mitigation measures, potential construction -related erosion would be reduced to less than significant. 1. Unstable or Expansive Soils Impact GEO-3 and GEO-4: The Project could result in subsidence, liquefaction, lateral spreading, expansion or collapse as a result of being located on a geologic unit or soil that is unstable or that would become unstable as a result of the proposed Project. a. Findings Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects related to unstable or expansive soils to less than significant. Specifically, the following measure has been included to ensure that the Project's potential impacts remain less than significant. Mitigation Measure MM-GEO-1 A-21 b. Facts in Support of Findings The Project would be required to adhere to City building code requirements, which include the preparation of a design -level geotechnical investigation by a state licensed geotechnical engineer and included as part of Mitigation Measure MM-GEO-1. The final required geotechnical report for the Project would determine the susceptibility of the subject site to settlement and prescribe appropriate engineering techniques for reducing its effects based on site specific data of subsurface soils. The preliminary geotechnical report prepared for the Project provides a basis of conditions that are expected to occur but a final geotechnical report with specific design criteria would be required to obtain a building permit. The final geotechnical report would determine appropriate foundation requirements, footing size, fill placement, grading, and then any structural engineering specific to the proposed elements of the Project. Therefore, implementation of standard geotechnical engineering practices, which includes a geotechnical investigation containing recommendations that are specific to the Project design, and adherence to City and CBC building code requirements would result in less than significant impacts from unstable soils and other adverse soil properties. E. HAZARDS AND HAZARDOUS MATERIALS 1. Construction — Upset or Accidental Release of Hazardous Materials. Impact HAZ-2: The Project could create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment. a. Findings Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects related to hazardous materials. Specifically, the following measure has been included to ensure that the Project's potential hazardous material impacts remain less than significant. Mitigation Measure MM HAZ-1: As a condition of approval for a grading permit, the use of construction BMPs shall be implemented as part of construction to minimize the potential negative effects of accidental release of hazardous materials to groundwater and soils. These shall include the following: • Follow manufacturer's recommendations on use, storage and disposal of chemical products used in construction; • Avoid overtopping construction equipment fuel gas tanks; A-22 • During routine maintenance of construction equipment, properly contain and remove grease and oils; and • Properly dispose of discarded containers of fuels and other chemicals in accordance with manufacturer's specifications and local and state regulations. All the BMPs shall be in accordance with the most recent version of the California Stormwater Quality Association (CASQA) BMP Handbook for construction and included in contract specifications. b. Facts in Support of Findings The onsite storage and/or use of large quantities of materials capable of impacting soil and groundwater are not typically required for a Project of this proposed size and type. However, construction activities would require the use of certain hazardous materials such as fuels, oils, solvents, and glues. The inadvertent release of large quantities of these materials into the environment could adversely impact soil, surface waters, or groundwater quality. As such, Mitigation Measure MM-HAZ-1 requires the implementation of best management practices to minimize the potential negative effects of accidental release of hazardous materials to groundwater and soils. Therefore, with implementation of Mitigation Measure MM-HAZ-1, impacts would be reduced to less than significant. F. HYDROLOGY AND WATER QUALITY 1. Construction — Water Quality or Waste Discharge Impact HYD -1 and HYD -6: Construction activities associated with the Project would not violate water quality standards or waste discharge requirements or otherwise substantially degrade water quality. a. Findings Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects related to water quality and waste discharge. Specifically, the following measure has been included to ensure that the Project's potential impacts remain less than significant. Mitigation Measure MM -HYD -1: As a condition of approval, the proposed Project shall be required to implement the 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 final Project designs implement specific water quality features to meet the City's Municipal Separate Storm Sewer System (MS4) Permit and Stormwater Ordinance A-23 requirements. The 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 During construction, potential impacts on water quality are related to sediments, turbidity, and certain pollutants that might be associated with sediments (e.g., phosphorus and legacy pesticides). Construction -related activities that are primarily responsible for sediment releases are related to exposure of soils to rainfall/runoff and wind and include removal of vegetation, grading, and excavation. Other pollutants that are of concern during construction include waste materials, chemicals, concrete, and petroleum products used in building construction or the maintenance of heavy equipment. The Project construction would require disturbance of more than one acre, and thus would be required to obtain coverage under the statewide NPDES Construction General Permit (as also required by Mitigation Measure MM -3.5-1), which is contained within the OTSP Program EIR and applies to this Project). The Construction General Permit requires the development to prepare and implement a SWPPP, which would identify the sources of sediment and other pollutants that may affect the quality of storm water discharges during construction and describe the implementation and maintenance various BMPs to reduce or eliminate the potential for sediment or pollutants to come into contact with stormwater runoff during construction. With the application of the these regulations, construction -related impacts to water quality from the Project would be less than significant. Operation of the new development at the Project site would be required to comply with the development planning requirements of the San Diego Regional Water Quality Control Board (SDRWQCB) MS4 permit in effect at the time of construction and prepare a Project -specific WQMP as required by the City of Temecula Stormwater Ordinance, per Mitigation Measure MM -HYD -1. These regulations include implementation of non- structural, structural, and source control and treatment control BMPs during the planning process prior to Project approval for development projects. The SDRWQCB MS4 permit and the City of Temecula Stormwater Ordinance require that the Project - specific WQMP shall include a drainage hydrologic/hydraulic analysis that details the site's anticipated runoff calculations. With implementation of these requirements, the Project would not result in adverse impacts to water quality. 2. Drainage Pattern Alteration and Stormwater Facilities Impact HYD -4 and HYD -5: The Project could substantially alter the existing drainage pattern of the site such that increases in runoff result in flooding on or offsite or exceed the capacity of existing or planned infrastructure. a. Findings Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects related to A-24 drainage patterns. Specifically, the following measure has been included to ensure that the Project's potential impacts remain less than significant. Mitigation Measure MM -HYD -2: Prior to issuance of a grading permit, a final drainage study shall be prepared by a registered civil engineer and submitted to Public Works with the initial grading plan check in accordance with City, Riverside County and engineering standards. The final study shall identify storm water runoff quantities (to mitigate the 100 - year storm event) from the development of this site and upstream of the site, and shall identify all existing or proposed drainage facilities intended to discharge this runoff. Runoff shall be conveyed to an adequate outfall capable of receiving the storm water runoff without damage to public or private property; the final study shall include a capacity analysis verifying the adequacy of all facilities. If the receiving facilities are determined to be under capacity, then other improvements to existing or proposed drainage facilities shall be incorporated into the final design in accordance with Public Works requirements. b. Facts in Support of Findings Runoff generated on and off the site during construction would have the potential to exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff. The proposed drainage pattern would generally be the same during Project construction when compared with the pre -Project condition. As a result, runoff conditions would not substantially change during construction activities. However, construction BMPs would be in place during storm events as required by the Construction General Permit, which would reduce the potential for stormwater to come into contact with pollutants and integrate it into surface water, to the maximum extent practicable. BMPs have proven effective at substantially reducing or eliminating runoff during construction. As a result, construction activities would not result in runoff that would exceed the capacity of the adjacent existing drainage system capacity or provide substantial additional sources of polluted runoff. Impacts to existing stormwater drainage facilities during construction would be less than significant. A conceptual drainage plan and WQMP has already been prepared for the site to address how the Project would comply with drainage control requirements. The analyses determined drainage management areas for the Project, calculations for Low Impact Development (LID) BMP facilities, potential pollutants of concern, and a preliminary design. As part of Mitigation Measure MM -HYD -2, a final drainage study would be prepared by an engineer that would verify the capacity of the existing receiving drainage facilities in accordance with City of Temecula requirements. Implementation of Mitigation Measure HYD -2 and adherence to the requirements found in the MS4 permit would ensure no substantial increases in stormwater runoff would occur and that the existing capacity of storm water drainage systems would not be exceeded. A-25 G. NOISE 1. Operations — Permanent Increase in Ambient Noise Levels Impact NOI-3: Operation of the proposed Project could result in a substantial permanent increase in ambient noise levels in the Project vicinity above existing levels. a. Findings Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects related to permanent increase in noise levels. Specifically, the following measures have been included to ensure that the Project's potential impacts remain less than significant. Mitigation Measure MM -N01-4: • Building equipment (e.g., HVAC units) shall be located away from nearby residences, on building rooftops, and properly shielded by either the rooftop parapet or within an enclosure that effectively blocks the line of sight of the source from the nearest receptors. The resultant HVAC noise level shall not exceed 45 dBA at the nearest receptors. • In order to avoid noise -sensitive hours, commercial and retail shall prohibit loading and unloading activities between the nighttime hours of 10:00 PM and 7:00 AM. • To further address the nuisance impact of loading dock/truck delivery noise, all loading areas for commercial and retail uses shall be located at the rear or sides of buildings within the commercial and mixed-use districts, where noise can be directed away from residential uses within the mixed use areas of the Project. Mitigation Measure MM -N01-5: If necessary to comply with the interior noise requirements of the City of Temecula and achieve an acceptable interior noise level, noise reduction in the form of sound -rated assemblies (i.e., windows, exterior doors, and walls) shall be incorporated into Project building design, based upon recommendations of a qualified acoustical engineer. Final recommendations for sound -rated assemblies will depend on the specific building designs and layout of buildings on the site and shall be determined during the design phase. b. Facts in Support of Findings As part of the proposed Project, new mechanical equipment, such as heating, ventilation, and air conditioning units (HVAC), would be installed on the hotel building. Such rooftop HVAC units typically generate noise levels of approximately 55 dB at a A-26 reference distance of 100 feet from the operating units during maximum heating or air conditioning operations. The noise level of the HVAC, if on the edge of the building nearest the sensitive receptors, could exceed the City of Temecula's 65 dBA noise standard. Delivery trucks are expected to be used during on-site commercial operations. An idling truck at 50 feet was found to produce noise levels of 72 dBA Leq, and a passing truck at 50 feet was found to produce noise levels of 68 dBA Leq. Cal -OSHA also requires backup beepers to be at least 5 dBA above ambient noise levels. Because the truck delivery access point would be the furthest point of the Project site away from sensitive receptors (approximately 500 feet), the truck deliveries are not anticipated to impact nearby residences. The Project -specific traffic analysis revealed that traffic impacts for the proposed Project would be less than significant and no mitigation measures would be required. Therefore, noise impacts related to operational traffic are expected to be less than significant. The OTSP Program EIR determined that residences in the Project area would be subject to Title 24 of the California Code of Regulations, which requires an interior noise standard of DNL 45 dBA in any habitable room. Although the proposed Project is a hotel project, it is also subject to Title 24 Building Codes. Therefore, hotel rooms located along affected roads exceeding 65 dBA would require sound -rated assemblies at the exterior facades of project buildings. The OTSP Program EIR also included Mitigation Measures MM -N01-4 and MM -N01-5 to reduce indoor noise exposure to within City of Temecula and State standards. Compliance with the mitigation measures contained in the OTSP Program EIR, and herein incorporated by reference would reduce operational noise impacts to less than significant levels. H. TRAFFIC AND CIRCULATION 1. Cumulative Intersection Level of Service Impact Cumulative CIR-1: The proposed Project would result in significant impacts at the following intersections under Cumulative Conditions: • Rancho California Road / Old Town Front Street (AM and PM peak hours) a. Findings Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects related to traffic under existing (2016) conditions. Specifically, the following measure has been included to ensure that the Project's potential impacts remain less than significant. Mitigation Measure MM-CUM-CIR-1. The Project applicant shall contribute fair -share funding (2%) towards the optimization of the AM peak hour traffic signal coordination timing plan. Since Rancho California Road A-27 operates an Adaptive Traffic Signal System, the entire corridor will require optimization. b. Facts in Support of Findings The City of Temecula's significance criteria states that a traffic impact is considered significant if the addition of Project traffic causes the intersection LOS to decrease to worse than LOS D during peak hours. For intersections currently operating at LOS E or F, a project impact will be considered significant if the project causes the delay at a signalized intersection to increase by more than 2 seconds or adds more than 20 peak hour trips to the critical movement of an unsignalized intersection. All of the study intersections would operate acceptably at LOS D or better with and without the proposed Project, with the exception of the following location, which would operate at LOS E during the AM peak hour and LOS F during the PM peak hour: • Rancho California Road / Old Town Front Street (AM and PM peak hours) The intersection at Rancho California Road and Old Town Front Street currently operates at LOS E (AM) and F (PM); the proposed Project's contribution to LOS E conditions during the AM peak hour in combination with cumulative projects, is considered a significant impact because the intersection delay would increase by more than two seconds. Therefore, a significant cumulative impact would occur at the Rancho California Road and Old Town Front Street intersection. However, implementation of Mitigation Measure MM-CUM-CIR-1 would require the Project applicant to contribute fair -share funding towards optimization of the AM peak hour traffic signal coordination timing plan. This would reduce delay time at the intersection and would reduce this cumulative impact to less than significant with the incorporation of mitigation. VII. Environmental Effects that Remain Significant and Unavoidable After Mitigation. In the environmental areas of Greenhouse Gas (GHG) Emissions and Noise and Vibration, there are instances where potential environmental impacts would remain significant and unavoidable, as discussed below: A. GREENHOUSE GAS EMISSIONS 1. Generation of GHG Emissions Impacts Impact GHG-1: The Project would generate GHG emissions, either directly or indirectly, that may have a significant impact on the environment. Impact GHG-2: The Project would conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases. A-28 a. Findings The OTSP Program EIR determined that implementation of the full build -out of the OTSP Amendment would result in the generation of GHG emissions from construction and operations that would exceed SCAQMD's GHG screening threshold, and therefore would be considered a potentially significant impact. The GHG analysis contained in the OTSP Program EIR was incorporated in Chapter 3.0, Summary of Findings from the OTSP Program EIR, of the Project Draft SEIR. Changes or alterations have been required in or incorporated into the Project that reduce the impacts related to GHG emissions. The below mitigation measures from the OTSP Program EIR are required in order to reduce GHG emissions impacts to the maximum extent feasible. Mitigation Measure 3.3-1 (from the OTSP Program EIR): The applicant shall require implementation of all feasible energy efficiency and GHG reduction measures, including but not limited to the following measures. Energy Efficiency • Design buildings to be energy efficient. • Install efficient lighting and lighting control systems. Use daylight as an integral part of lighting systems in buildings. • Install light colored "cool" roofs, cool pavements. • Provide information on energy management services for large energy users. • Install energy efficient heating and cooling systems, appliances and equipment, and control systems. • Install light emitting diodes (LEDs) for traffic, street and other outdoor lighting. Water Conservation and Efficiency • Create water -efficient landscapes. • Install water -efficient irrigation systems and devices, such as soil moisture -based irrigation controls. • Design buildings to be water -efficient. Install water -efficient fixtures and appliances. • Restrict watering methods (e.g., prohibit systems that apply water to non -vegetated surfaces) and control runoff. A-29 • Restrict the use of water for cleaning outdoor surfaces and vehicles. • Implement low -impact development practices that maintain the existing hydrologic character of the site to manage storm water and protect the environment. (Retaining storm water runoff on-site can drastically reduce the need for energy -intensive imported water at the site.) • Devise a comprehensive water conservation strategy appropriate for the project and location. The strategy may include many of the specific items listed above, plus other innovative measures that are appropriate to the specific project. • Provide education about water conservation and available programs and incentives. Solid Waste Measures • Reuse and recycle construction and demolition waste (including, but not limited to, soil, vegetation, concrete, lumber, metal, and cardboard). • Provide interior and exterior storage areas for recyclables and green waste and adequate recycling containers located in public areas. Land Use Measures • Include mixed-use, infill, and higher density in development projects to support the reduction of vehicle trips, promote alternatives to individual vehicle travel, and promote efficient delivery of services and goods. Transportation and Motor Vehicles • Limit idling time for commercial vehicles, including delivery and construction vehicles. • Use low or zero -emission vehicles, including construction vehicles. b. Facts in Support of Findings The OTSP Program EIR determined that implementation of the full build -out of the OTSP Amendment would result in approximately 12,004 metric tons (MT) of CO2e per year from construction and approximately 192,657 MT CO2e per year from operations, which was considered a potentially significant impact. The OTSP Program EIR included a list of GHG reduction measures, incorporated above as Mitigation Measure 3.3-1, from the State of California Attorney General's office that could be applied to a diverse range of projects in order to reduce GHG emissions. A-30 However, since the project would result in GHG emissions that would exceed the major source threshold (25,000 MT CO2e per year) and the SCAQMD GHG screening threshold (3,000 MT CO2e per year), the OTSP Amendment would potentially conflict with the state's ability to meet the AB 32 goals. Even with implementation of all measures that are feasible from Mitigation Measure 3.3-1 listed above, build -out of the OTSP Amendment was considered to be a major source of greenhouse gases and would exceed the SCAQMD GHG screening threshold. Consequently, the increase in greenhouse gases from implementation of the OTSP places the project in conflict with the goal of the state to reduce up to 169 million metric tons CO2e/year. The OTSP Program EIR determined impacts related to GHG emissions would be significant. Implementation of the proposed Project would not introduce any new land uses that were not already accounted for in the certified OTSP Program EIR. The Project would involve an amendment to the OTSP that would relocate a portion of the Hotel Overlay zone to the Project site and would not change the overall intensity or distribution of uses in the Specific Plan area. The GHG emissions resulting from the construction and operation of the Project are cumulative in nature. Therefore, Project -specific emissions are accounted for in the OTSP Program EIR and there would be no additional emissions as a result the Project. Since the OTSP Program EIR determined that impacts from GHG emissions would be considered significant and unavoidable, the proposed Project would also have significant and unavoidable impacts related to GHG emissions. B. NOISE AND VIBRATION 1. Construction Noise Impacts Impact NOI-1: The Project would result in the exposure of persons to, or generation of, noise levels in excess of standards established in the local general plan or noise ordinance. Impact NOI-2: The Project would exposure of persons to, or generation of, excessive ground -borne vibration or ground -borne noise levels Impact NOI-4: The Project would result in a substantial temporary or periodic increase in ambient noise levels in the Project vicinity above levels existing without the project. a. Findings During construction, the proposed Project has a potential to temporarily generate noise levels that may result in (1) exposure of persons to or generation of noise or ground - borne vibration levels in excess of applicable local standards and (2) a substantial temporary or periodic increase in ambient noise levels in the Project vicinity above levels existing without the Project. Changes or alterations have been required in or incorporated into the Project that reduce the impacts related to construction noise and vibration. The below mitigation A-31 measures are required in order to reduce construction noise and vibration impacts to the maximum extent feasible. Mitigation Measure MM -N01-1: • The applicant shall ensure, as specified in City of Temecula Ordinance No. 94-25, that no construction may occur within one-quarter (1/4) of a mile of any occupied residence during the following hours: o 6:30 PM to 6:30 AM, Monday through Friday. o Before 7:00 AM or after 6:30 PM, Saturday. o At any time on Sunday or any nationally recognized holiday. • The applicant shall ensure that all construction equipment will have properly operating mufflers. • The applicant shall ensure that all construction staging shall be performed as far as possible from occupied dwellings. • The applicant shall ensure that signs shall be posted at the construction sites that include permitted construction days and hours, and a contact number for the job site. Mitigation Measure MM -N01-2: The construction contractor will conduct crack surveys before construction activities that could cause architectural damage to nearby structures. The survey will include any historic buildings or buildings in poor condition within 15 feet of construction. The surveys will be done by photographs, video tape, or visual inventory, and will include inside as well as outside locations. All existing cracks in walls, floors, and driveways should be documented with sufficient detail for comparison after construction to determine whether actual vibration damage occurred. A post -construction survey should be conducted to document the condition of the surrounding buildings after the construction is complete. The construction contractor would be liable for construction vibration damage to adjacent structures. Mitigation Measure NOI-3: Implement Temporary Noise Barriers. Implement the field -erected temporary noise barriers including but not limited to sound blankets on existing fences and walls or the use of freestanding portable sound walls, to block the line -of -site between construction equipment and noise -sensitive receptors during Project implementation. Noise barriers should be a minimum of 8 -feet -tall and continuous between the source of noise and adjacent or nearby noise - sensitive receptors. Noise barriers are most effective when placed directly adjacent to either the noise source or receptor. Place sound barriers around stationary sources and near windows, where feasible. A-32 Barrier construction may include, but not necessarily be limited to, using appropriately thick wooden panel walls (at least 1/2 inch thick), as shown in Figure 3.8-1, which are tall enough to block the line -of -sight between the dominant construction noise source(s) and the noise -sensitive receptor. Such barriers can reduce construction noise by 5 to 15 dBA at nearby noise -sensitive receptor locations, depending on barrier height and length, and the distance between the barrier and the noise -producing equipment or activity. Alternately, field -erected noise curtain assemblies could be installed around specific equipment sites or zones of anticipated mobile or stationary activity, resembling the sample shown in Figure 3.8-2. These techniques are most effective and practical when the construction activity noise source is stationary (e.g., auger or drill operation) and the specific source locations of noise emission are near the ground and can be placed as close to the equipment/activity-facing side of the noise barrier as possible. Barrier layout and other implementation details would vary by construction site. b. Facts in Support of Findings Construction of the proposed Project would require the use of heavy equipment during the grading and excavation activities at the Project site, installation of new utilities, paving, and building fabrication for the proposed residential buildings. Development activities would also involve the use of smaller power tools, generators, and other sources of noise. During each stage of development, there would be a different mix of equipment, which means that construction activity noise levels at and near the Project Site would fluctuate depending on the particular type, number, and duration of use of the various pieces of construction equipment. Under Municipal Code Section 9.20.040, the exterior noise standard for single-family residential use receptors is 65 dBA Ldn/CNEL. However, Section 9.20.070 (Exceptions) allows for construction -related exceptions from these noise standards if approved by the City Manager. The request for construction -related exceptions must be submitted in writing at least three working days in advance of the scheduled and permitted construction activity, and be accompanied with the appropriate inspection fee(s). Further, construction activities are prohibited between the hours of 6:30 P.M. and 7:00 A.M. Monday through Friday, and are allowed on Saturday only between 7:00 A.M. and 6:30 P.M. Construction activities are prohibited on Sundays and nationally recognized holidays. Existing sensitive receptors in the vicinity of the Project site consist of the residential apartment buildings located 65 feet southwest of the Project boundary. Because the nearest sensitive receptor is close to the Project site, construction activity would generate noise levels, which would result in a substantial increase in ambient noise levels at the nearby receptors. Therefore, the impact would be significant, as indicated in the OTSP Program EIR. A-33 To address significant construction noise impacts of a substantial increase in ambient noise levels, the proposed Project would be required to comply with noise Mitigation Measures MM -N01-1 and MM -N01-2, which were identified in the OTSP Program EIR. To further reduce construction noise levels at residences, Mitigation Measure MM-NOI- 3 would include the implementation of temporary noise barriers at construction activities. The barrier material is assumed to be solid and dense enough to demonstrate acoustical transmission Toss that is at least 10 dBA greater than the estimated noise reduction effect. These suggested barrier types do not represent the only ways to achieve the indicated noise reduction in dBA; they represent examples of how such noise attenuation might be attained by an implemented measure under the right conditions. Implementation of Mitigation Measure MM -N01-1 would reduce construction noise levels at the nearby receptors, thereby, reducing the increase in ambient noise levels due to Project construction. However, mitigation measure NOI-1 may not be feasible to physically implement at the construction activities to achieve blocking line -of -sight between the construction noise sources and the nearby sensitive receptors. For example, temporary barriers may not feasibly be tall and or wide enough to block line - of -sight, and/or and the placement of temporary barriers could endanger construction crew members and equipment. Therefore, impacts would be potentially significant and unavoidable with regard to resulting in a substantial increase in ambient noise levels. The OTSP Program EIR determined that use of a large bulldozer for Project construction generates vibration levels of up to 0.089 PPV or 87 RMS at a distance of 25 feet. Implementation of mitigations measures would reduce vibration impacts. A large bulldozer would reduce to 80 RMS at 45 feet and increase to 0.2 PPV at 15 feet from operation. The OTSP Program EIR determined that this impact would be less than significant with implementation of OTSP Mitigation Measures MM -N01-1 and MM-NOI- 2. However, even with the implementation of these mitigation measures, construction of the proposed Project would result in significant and unavoidable temporary vibration impacts to the nearby sensitive receptors. Due to the proximity of the nearest residences to the Project site, it is anticipated that even with the implementation of the mitigation measures identified in the OTSP Program EIR, and additional measures proposed (i.e, noise barriers), construction of the proposed Project would potentially result in a substantial temporary increase in ambient noise levels at nearby sensitive receptors during construction. Therefore, the impact would be significant and unavoidable. No additional feasible mitigation measures are available to reduce construction noise impacts to sensitive receptors. VIII. Project Alternatives. The SEIR considered and analyzed three alternatives to the Proposed Project: Alternative 1—No Project Alternative (No Development); Alternative 2— Reduced Hotel with no Specific Plan Amendment Alternative; and Alternative 3— Commercial and Residential Use Alternative. A-34 The three alternatives that were analyzed in the SEIR are discussed below, including the basis for rejecting each alternative. In addition, comparison of the alternatives is available in Table 5-2 of the SEIR. Each alternative's environmental impacts are considered and analyzed, along with an analysis of whether it achieves any of the Project Objectives as shown below. • Provide an upscale lodging facility that will service both residents and tourists visiting Old Town Temecula; • Provide additional conference room facilities within Old Town Temecula; and • Create an aesthetically compatible development and minimize impacts to neighboring properties by designing with high quality architecture and signage. A. ALTERNATIVE 1—NO PROJECT ALTERNATIVE (NO DEVELOPMENT) 1. Summary of Alternative Alternative 1 evaluates the environmental impacts if the Project site were to remain in its current state for the foreseeable future. The Project site is comprised of approximately 1.8 acres of predominantly developed land in Old Town Temecula. The Project site is currently developed with approximately 22,424 square feet (SF) of several vacant buildings. An undeveloped parcel approximately 17,500 SF is located across Third Street where the proposed parking garage would be constructed. Under this alternative, the Project site would remain vacant and the proposed hotel and parking garage would not be built. The site would continue to contain the existing structures on the hotel site and vacant land on the garage site. Unimproved areas along Third Street would not be landscaped or improved in any way. 2. Reason for Rejecting Alternative Alternative 1 is the "No Build" alternative in which no development would occur on the Project Site. The Site would remain vacant, undeveloped land. Because no development or change would occur on the Project Site, no impacts would occur. As such, the proposed Project's impacts would generally be reduced under this Alternative. For aesthetics impacts, the existing Project site under Alternative 1 would not feature any additional sources of light and glare. No impacts to scenic vistas or resources would occur under this alternative. Under the proposed Project, the site would be developed with an aesthetic character in accordance with the design guidelines specified in the Old Town Specific Plan and visual quality of the site would be enhanced. Under Alternative 1, the existing site would remain vacant which degrades the existing visual character or quality of the site and its surroundings due to its current lack of unkempt appearance. A-35 Therefore, implementation of Alternative 1 would result in more negative aesthetic impacts than the proposed Project. Air quality impacts would be reduced compared to the proposed Project because Alternative 1 would result in no construction -related emissions (from construction activities, vehicles, and equipment), and no operational emissions (associated with increased traffic). With no construction and no additional traffic volumes or operational emissions, air emissions in the vicinity would remain unchanged. No impact to air quality would occur as a result of this alternative, so impacts would be reduced as compared to the proposed Project. No potential impacts to cultural resources would occur under Alternative 1 because no grading activities would occur that could unearth cultural resources or disturb paleontological resources. Under this alternative, there would be no changes to the site and thus no impact to cultural resources would occur, eliminating any potential Project impacts. Potential impacts to geology and soils, such soil erosion during construction, would not occur under Alternative 1. The Project site would not be developed. However, geology and soils effects under the proposed Project are not anticipated to be significant, so these differences would be negligible. Construction -related hazardous materials would not be brought to the site, nor would hazardous materials be used during operation of the proposed Project, such as landscaping sprays or household cleaning products. Therefore, this alternative would result in fewer impacts related to hazards and hazardous materials than the proposed Project. No increase of impervious surfaces and no change to the natural drainage patterns of the Project site would occur under Alternative 1. No improvements would be required for water quality treatment. Overall, this alternative would result in fewer effects related to hydrology and water quality than the proposed Project. Under Alternative 1, no change would occur to the existing conditions at the Project site. This alternative would involve no amendment or rezoning associated with the Specific Plan. Because no change to the existing land use or land use plans and policies related to the Project site would occur, this alternative would have no direct impact on land use at the site or in the vicinity. Alternative 1 would not result in any change to existing ambient noise levels and would introduce no new source of noise. Because the site would remain with the existing non- operational uses under this alternative, traffic -related noise attributable to the Project would not occur. This alternative would result in no impact related to noise at or in the vicinity of the Project site. The significant and unavoidable temporary construction noise impact would be completely avoided. Impacts would be reduced and the proposed Project construction -phase impacts would not occur. A-36 Under Alternative 1, no additional traffic would be generated by uses on the Project site, which is vacant or out of business, resulting in no impacts related to traffic and circulation. Thus, Alternative 1 would result in fewer impacts when compared to the proposed Project. Under Alternative 1, the Project site would not be developed and no increase demand for water, wastewater, or solid waste services would occur. No new water service or sewer line connections would be developed under Alternative 1. Thus, under Alternative 1, impacts to utilities and service systems would not occur. Overall, Alternative 1 would reduce environmental impacts compared to the proposed Project. However, Alternative 1 does not satisfy any of the three Project Objectives. Because Alternative 1 would result in no development of the Project Site, it would not provide an upscale lodging facility or conference room facilities that will service both residents and tourists visiting Old Town Temecula. Whereas the proposed Project satisfies each Project Object, Alternative 1 fulfills none of the Objectives. Thus, the City Council finds that Alternative 1 would not meet any of the Project Objectives. The City Council hereby finds that each of the reasons set forth above would be an independent ground for rejecting Alternative 1, and by itself, independent of any other reason, would justify rejection of Alternative 1. B. ALTERNATIVE 2—GENERAL PLAN ALTERNATIVE 1. Summary of Alternative Under this alternative, the Project site would be developed with a smaller, three-story hotel, which would include 90 rooms, and would be in accordance with the current Specific Plan land use designation for the Project site, which is Downtown Core (DTC). This alternative would still develop the parking garage. This alternative would not include the Specific Plan Amendment to relocate a portion of the Hotel Overlay (HO) onto the proposed Project site. The hotel would be developed on the existing DTC zoning district, where permitted uses include, but are not limited to hotels, art galleries, museums, restaurants, entertainment oriented uses, small scale boutique retailers such as gift, specialty food, and antique shops and similar retail uses, offices and service oriented uses. Hotels under three stories in the DTC zoning district are not subject to the Supplemental Standards and Special Use Standards in Section IV.G of the Old Town Specific Plan. 2. Reason for Rejecting Alternative Environmental impacts in the Biological Resources, Cultural Resources, Geology and Soils, and Hydrology and Water Resources correlate primarily with the footprint of site development because they relate to the location of a Project and the development of vacant land. A similar area would be disturbed under either Alternative 2 and the proposed Project. Therefore, Alternative 2 would have the same impact in these areas when compared to the proposed Project. A-37 Under Alternative 2, the site would be developed with a three-story hotel. Impacts to scenic vistas and scenic resources would be similar to the proposed Project since development of the hotel in either scenario would partially block views of the western viewshed from certain viewpoints. In addition, the hotel developed under Alternative 2 would also be required to comply with the DTC design guidelines and standards because these guidelines and standards apply to all buildings within the DTC or DTC/HO zoning districts. Therefore, the Alternative 2 hotel would be designed with architectural elements that are consistent with the Old Town Specific Plan and would be fitting with the visual character of its surroundings. Thus, implementation of Alternative 2 would result in similar aesthetic impacts compared to the proposed Project. Under Alternative 2, construction of the smaller hotel would result in a shorter construction schedule, fewer ground -disturbing activities and less construction equipment on site. Construction -related emissions from Alternative 2 would have fewer air quality impacts than the proposed Project. Operation of the smaller hotel would result in less energy usage by the building, fewer vehicle trips generated and reduced area source emissions produced on site, in comparison to the proposed Project. Therefore, implementation of Alternative 2 would have fewer air quality impacts than the proposed Project. Under Alternative 2, a similar area would be disturbed as the proposed Project, and thus, ground disturbing impacts to below ground cultural resources would be similar. The reduced building height under Alternative 2 would not impact cultural resources. However, the development envelope of Alternative 2 would be smaller, thus potential impacts to nearby potential historic structures would be reduced. Therefore, implementation of Alternative 2 would have fewer cultural resources impacts than the proposed Project. Under Alternative 2, the smaller hotel with a reduced building height would be developed with the same California Building Code guidelines and standards as the proposed Project, resulting in the same structural -related and geologic -hazard impacts as the proposed Project. Under Alternative 2, construction and operation of the smaller hotel would result in fewer amounts of hazardous materials that would be used, transported, stored and disposed in comparison to the proposed Project. However, the hotel developed under Alternative 2 would similarly be required to comply with all relevant permits and plans that address and limit the potential release of hazardous materials during construction and operation of the proposed Project. Therefore, Alternative 2 would result in similar, but slightly reduced, hazard -related impacts as the proposed Project. Similar to the proposed Project, Alternative 2 would increase impervious surfaces on the Project site. The smaller hotel under Alternative 2 would likewise be required to adopt a water quality management plan and best management practices to ensure that construction and operation of the hotel do not result in significant impacts to hydrology and water quality. The Project under Alternative 2 would require the same drainage A-38 modifications as the proposed Project. Alternative 2 would result in similar effects on hydrology and water quality as the proposed Project. Under Alternative 2, the smaller hotel would be developed on the current Specific Plan land use designation DTC zoning district and no OTSP amendment would be required, resulting in no land use impacts. According to the Specific Plan guidelines, a hotel under four stories is permitted in the DTC zoning district. The smaller hotel would be required to comply with the land use and urban development standards specified for the DTC and DTC/HO zoning districts, similar to the proposed Project. Therefore, Alternative 2 would result in similar land use impacts as the proposed Project. Like the proposed Project, Alternative 2 would increase ambient noise levels and would introduce a new source of noise at the Project site. Construction -related traffic would increase for both the proposed Project and Alternative 2. Traffic -related noise would also increase as a result of both this alternative and the proposed Project. Alternative 2 would generate less daily trips than the proposed Project. However, Alternative 2 would also have a significant and unavoidable temporary construction noise impact on the nearby sensitive receptors to the Project site. Under Alternative 2, the three-story hotel would have approximately 90 rooms, resulting in a total of approximately 735 daily trips, which is 499 daily trips less than the proposed Project's estimated 1,234 daily trips. Therefore, Alternative 2 would decrease the amount of vehicles in the surrounding circulation system and result in fewer impacts related to traffic and circulation compared to the proposed Project. The proposed Project would result in an increase in the demand for water, wastewater services, and solid waste disposal. Under Alternative 2, the Project site would be developed with a smaller hotel use and which would also increase the demand for water, wastewater, or solid waste services over existing conditions. However, because the hotel would be reduced in size and accommodate fewer guests under Alternative 2, there would be less water consumed and less wastewater generated than the proposed Project. Thus, implementation of Alternative 2 would result in fewer impacts related to utilities and service systems compared to the proposed Project. Overall, Alternative 2 would result in similar or reduced impacts in all environmental resource areas as compared to the proposed Project. Thus, Alternative 2 would overall result in lesser environment impacts. Alternative 2 would partially accomplish the objectives set forth by the Project. It would provide an upscale lodging facility, additional conference room facilities, and be aesthetically compatible within Old Town Temecula. However, Alternative 2 would provide only 90 lodging rooms, as compared to the 151 lodging rooms in the proposed Project. Because Alternative 2 would provide 61 fewer lodging rooms, it would not service the anticipated demand for lodging facilities for residents and tourists in the Old Town area and would not fulfill the DTC/HO designation's purpose of allowing a greater number of rooms to serve lodging needs. Thus, the City Council finds that Alternative 2 would not fully meet any of the Project Objectives. A-39 The City Council hereby finds that each of the reasons set forth above would be an independent ground for rejecting Alternative 2, and by itself, independent of any other reason, would justify rejection of Alternative 2. C. ALTERNATIVE 3—REDUCED DEVELOPMENT ALTERNATIVE 1. Summary of Alternative Under this alternative, a mixed-use commercial retail and residential development would be developed on the Project site, currently designated as DTC zoning district according to the Specific Plan. This alternative would not involve the development of a hotel and would not provide conference facilities and banquet rooms, as is provided by the proposed Project. The Project would not require a Specific Plan Amendment for rezoning. The Old Town Specific Plan Land Use and Urban Development standards permit the use of commercial retail and residential uses in the DTC zoning district. However, only attached and non -ground floor residential uses permitted in the DTC area along Old Town Front Street and Main Street. Alternative 3 would develop approximately 61,000 square feet of commercial uses and approximately 123,000 square feet of residential uses, consisting of 120 residential units. 2. Reason for Rejecting Alternative Under Alternative 3, the site would be developed with a mixed-use commercial and residential development with a four-story, 50 feet maximum height. Impacts to scenic vistas and scenic resources would be similar to the proposed Project, since development of the mixed-use building would also partially block views of the western viewshed from certain viewpoints. In addition, the development under Alternative 3 would also be required to comply with the DTC design guidelines and standards because these guidelines and standards apply to all buildings within the DTC or DTC/HO zoning districts. Therefore, the Alternative 3 development would be designed with architectural elements that are consistent with the Old Town Specific Plan guidelines and would be fitting with the visual character of its surroundings. Thus, implementation of Alternative 3 would result in similar aesthetic impacts compared to the proposed Project. Under Alternative 3, there would be a similar amount of construction -related emissions to the proposed Project due to comparable ground -disturbing activities, amount of construction equipment, and size of building footprint. Therefore, construction -related emissions from Alternative 3 would have similar air quality impacts than the proposed Project. Operation of the mixed-use commercial and residential development, however, would result in higher intensity energy usage by the building, greater vehicle trips generated and increased area source emissions produced on site in comparison to the proposed Project due to the permanent residency within the residential units. Therefore, implementation of Alternative 3 would have greater air quality impacts from operational emissions than the proposed Project. A-40 Under Alternative 3, a similar area would be disturbed as the proposed Project, and thus, impacts to below surface cultural resources would be similar. The development envelope of Alternative 3 would also be similar, thus potential impacts to nearby potential historic structures would be reduced. Therefore, implementation of Alternative 3 would have similar cultural resources impacts than the proposed Project. Under Alternative 3, the mixed-use development would also be developed with the same California Building Code guidelines and standards as the proposed Project, resulting in the same structural -related and geologic -hazard impacts as the proposed Project. Under Alternative 3, construction and operation of a mixed-use Project would result in similar amounts of hazardous materials that would be used, transported, stored and disposed in comparison to the proposed Project. In addition, the development under Alternative 3 would similarly be required to comply with all relevant permits and plans that address and limit the potential release of hazardous materials during construction and operation of the proposed Project. Therefore, Alternative 3 would result in similar hazard -related impacts as the proposed Project. Similar to the proposed Project, Alternative 3 would also increase impervious surfaces on the Project site. The mixed-use development under Alternative 3 would likewise be required to adopt a water quality management plan and best management practices to ensure that the construction and operation of the development does not result in significant impacts to hydrology and water quality. Alternative 3 would result in similar effects on hydrology and water quality as the proposed Project. Under Alternative 3, the site would be developed with a mixed-use development and would be developed on the current Specific Plan land use designation DTC zoning district. According to the Specific Plan guidelines, commercial and residential uses under four stories are permitted in the DTC zoning district. The development would be required to comply with the land use and development standards specified for the DTC and DTC/HO zoning districts, similar to the proposed Project. Additionally, development of Alternative 3 would not require a Specific Plan Amendment. Therefore, Alternative 3 would result in reduced land use impacts as the proposed Project. Like the proposed Project, Alternative 3 would increase ambient noise levels and would introduce a new source of noise at the Project site. Construction -related traffic would increase in the Project area for both the proposed Project and Alternative 3. Similar to the proposed Project, Alternative 3 would also have a significant and unavoidable temporary construction noise impact. Similarly, traffic -related noise would also increase as a result of this alternative; however, traffic would increase more with Alternative 3 than the proposed Project. Overall, Alternative 3 would result in greater noise impacts than the proposed Project. The proposed Project would result in an increase in traffic congestion at nearby intersections and would generate 1,234 daily trips. With Alternative 3, the amount of trips generated from the commercial and residential uses would be increased to 3,427 A-41 daily trips, resulting in greater impacts to traffic and circulation than the proposed Project. The proposed Project would result in an increase in the demand for water, wastewater services, and solid waste disposal compared to the existing non -operational uses at the site. The proposed Project would also result in approximately 3.8 million gallons per year (MGY) of water consumed and produce approximately 82.7 tons of waste per year. Under Alternative 3, the Project site would be developed with mixed use, commercial and residential uses, which would also increase the demand for water, wastewater, or solid waste services over existing conditions. Implementation of Alternative 3 would result in approximately 20.1 MGY of water consumed and produce approximately 119.9 tons of solid waste per year. Thus, implementation of Alternative 3 would result in greater impacts related to utilities and service systems compared to the proposed Project. Overall, Alternative 3 would result in similar or reduced impacts to aesthetics, cultural resources, geology and soils, hazardous materials, hydrology and land use in comparison to the Project. However, Alternative 3 would result in increased impacts to air quality, noise, traffic and circulation, and utilities in comparison to the Project. Thus, Alternative 3 would result in greater environment impacts and it is considered not the environmentally superior alternative. In addition, Alternative 3 would not accomplish all of the Project Objectives. Although Alternative 3 would develop an aesthetically compatible mixed-use development in Old Town Temecula, it would not provide an upscale lodging facility or additional conference room facilities in Old Town Temecula. Thus, the City Council finds that Alternative 3 would not fully achieve the benefits of the Project Objectives and does not avoid the Project's significant environmental impacts. The City Council hereby finds that each of the reasons set forth above would be an independent ground for rejecting Alternative 3, and by itself, independent of any other reason, would justify rejection of Alternative 3. A-42 EXHIBIT B Mitigation Measures MITIGATION MONITORING AND REPORTING PROGRAM Monitoring Phase Enforcement Agency Mitigation Monitoring and Reporting Program Responsible Monitoring Agency Action Indicating Compliance Verification of Compliance Initials Date Remarks Aesthetics Old Town Specific Plan Program EIR Mitigation Measures Measure 3.1-3a: The applicant shall ensure that all lighting fixtures shall contain "sharp cut-off° fixtures, and shall be fitted with flat glass lenses and internal and external shielding. Measure 3.1-3b: The applicant shall ensure that all fixtures shall be parallel with the finished grade of the project site; no fixtures shall be tilted above a 90 -degree angle. Pre -Construction/ City of Construction 1 Temecula Pre -Construction/ Construction City of Temecula Building Official or other Designee City of Temecula Measure 3.1-3c: The applicant shall ensure that site lighting systems shall be grouped into control zones to allow for open, 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. Issuance of Building Permit and field verification and sign -off by City of Temecula City of Temecula Building Official or other Designee Pre -Construction/ City of Construction Temecula Issuance of Building Permit and field verification and sign -off by City of Temecula City of Temecula Building Official or other Designee Measure 3.1-3d: 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. Pre -Construction City of Temecula Issuance of Building Permit and field verification and sign -off by City of Temecula City of Temecula Building Official or other Designee Issuance of Building Permit and field verification and sign -off by City of Temecula Measure 3.1-3e: The applicant shall submit a lighting plan and photometric plan to be reviewed by the City of Temecula. The lighting plan shall include design features (such as those mentioned above) to minimize impacts of light and glare on the surrounding area. Pre -Construction City of Temecula City of Temecula Building Official or other Designee Measure 3.1-3f: The City shall complete a post -installation inspection to ensure that the site is not excessively illuminated (such that lighting is not creating excessive glare, unreasonably competing for the public's attention or creating any roadway safety hazard) and that lighting sources are properly shielded. Post -Construction City of Temecula Issuance of Building Permit and field verification and sign -off by City of Temecula City of Temecula Building Official or other Designee Issuance of Building Permit and field verification and sign -off by City of Temecula Truax Hotel Project 1 ESA / 160579 MMRP August 2017 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED) Mitigation Measures Responsible Monitoring Enforcement Monitoring Phase Agency Agency Action Indicating Compliance Verification of Compliance Initials Date Remarks Measure 3.1-3g: In order to mitigate potential impacts to the Mount Palomar Observatory, all lighting plans shall be reviewed by the City to assure utilization of low pressure sodium vapor lamps; step-down lighting techniques; shielding to prevent upward and outward illumination; and compliance with the County Ordinance No. 655. Pre -Construction City of Temecula City of Temecula Building Official or other Designee Issuance of Building Permit and field verification and sign -off by City of Temecula Measure 3.1-3h: The proposed Specific Plan amendment shall prohibit 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. 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 of Temecula Project -specific Mitigation Measures Mitigation Measure MM -AES -1: The project applicant would be required to implement the lighting reduction mitigation proposed in the OTSP Program EIR. The following light and glare standards shall be applied to the proposed project: • The applicant shall ensure that all lighting fixtures shall contain "sharp cut-off' fixtures, and shall be fitted with flat glass lenses and internal and external shielding. • The applicant shall ensure that all fixtures shall be parallel with the finished grade of the project site; no fixtures shall be tilted above a 90 -degree angle. • The applicant shall ensure that site lighting systems shall be grouped into control zones to allow for open, 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. • The applicant shall submit a lighting plan and photometric plan to be reviewed by the City of Temecula. The lighting plan shall include design features (such as those mentioned above) to minimize impacts of light and glare on the surrounding area. • The City shall complete a post -installation inspection to ensure that the site is not excessively illuminated (such that lighting is not creating excessive glare, unreasonably competing for the public's 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 of Temecula 1 Truax Hotel Project MMRP 2 ESA / 160579 August 2017 MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED) Mitigation Measures Monitoring Phase Enforcement Agency Mitigation Monitoring and Reporting Program Responsible Monitoring Agency Action Indicating Compliance Verification of Compliance Initials Date Remarks Air Quality Old Town Specific Plan Program EIR Mitigation Measures Measure 3.2-2a: The applicant shall ensure that a fugitive dust control program is implemented pursuant to the provision of SCAQMD Rule 403. Construction City of Temecula Measure 3.2-2b: Prior to grading and construction, the applicant shall be responsible for compliance with the following: • During clearing, grading, earth moving, or excavation, maintain equipment engines in proper tune. • After clearing, grading, earth moving, or excavation: • Wet the area down, sufficient enough to form a crust on the surface with repeated soakings, as necessary, to maintain the crust and prevent dust pick up by the wind. • Spread soil binders. • Implement street sweeping as necessary. • During construction: • Use water trucks or sprinkler systems to keep all areas where vehicles move damp enough to prevent dust raised when leaving the site. • Wet down areas in the late morning and after work is completed for the day. Pre -Construction City of Temecula Building Official or other Designee City of Temecula Issuance of Grading Permit and field verification and sign -off by 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 Truax Hotel Project 3 MMRP ESA / 160579 August 2017 attention or creating any roadway safety hazard) and that lighting sources are properly shielded. • In order to mitigate potential impacts to the Mount Palomar Observatory, all lighting plans shall be reviewed by the City to assure utilization of low pressure sodium vapor lamps; step-down lighting techniques; shielding to prevent upward and outward illumination; and compliance with the County Ordinance No. 655. • The proposed project shall prohibit 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. Air Quality Old Town Specific Plan Program EIR Mitigation Measures Measure 3.2-2a: The applicant shall ensure that a fugitive dust control program is implemented pursuant to the provision of SCAQMD Rule 403. Construction City of Temecula Measure 3.2-2b: Prior to grading and construction, the applicant shall be responsible for compliance with the following: • During clearing, grading, earth moving, or excavation, maintain equipment engines in proper tune. • After clearing, grading, earth moving, or excavation: • Wet the area down, sufficient enough to form a crust on the surface with repeated soakings, as necessary, to maintain the crust and prevent dust pick up by the wind. • Spread soil binders. • Implement street sweeping as necessary. • During construction: • Use water trucks or sprinkler systems to keep all areas where vehicles move damp enough to prevent dust raised when leaving the site. • Wet down areas in the late morning and after work is completed for the day. Pre -Construction City of Temecula Building Official or other Designee City of Temecula Issuance of Grading Permit and field verification and sign -off by 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 Truax Hotel Project 3 MMRP ESA / 160579 August 2017 Mitigation Monitoring and Reporting Program Mitigation Measures MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED) Responsible Monitoring Enforcement Monitoring Phase Agency Agency Action Indicating Compliance Verification of Compliance Initials Date Remarks • Use low sulfur fuel (0.05 percent by weight) for construction equipment. • Discontinue construction during second stage smog alerts. Measure 3.2-2c: Prior to grading and construction, the applicant shall be Pre -Construction / City of City of Issuance of responsible for compliance with the following. Construction Temecula Temecula Grading Permit • Require a phased schedule for construction activities to minimize Building Official and field daily emissions. • Schedule activities to minimize the amount of exposed excavated soil during and after the end of work periods. or other Designee verification and sign -off by City of Temecula • Treat unattended construction areas with water (disturbed lands which have been, or are expected to be, unused for four or more consecutive days). • Require the planting of vegetative ground cover as soon as possible on construction sites. • Install vehicle wheel -washers before the roadway entrance at construction sites. • Wash off trucks leaving the site. • Require all trucks hauling dirt, sand, soil, or other loose substances and building materials to be covered, or to maintain a minimum freeboard of two feet between the top of the load and the top of the truck bed sides. • Use vegetative stabilization, whenever possible, to control soil erosion from stormwater, especially on super pads. • Require enclosures or chemical stabilization of open storage piles of sand, dirt, or other aggregate materials. • Control off-road vehicle travel by posting driving speed limits on these roads, consistent with City standards. • Use electricity from power poles rather than temporary diesel or gasoline power generators. Measure 3.2-2d: Prior to grading and construction, the applicant shall be Pre -Construction / City of City of Issuance of responsible for the paving of all access aprons to the project site and the Construction Temecula Temecula Grading Permit maintenance of the paving. Building Official or other Designee and field verification and sign -off by City of Temecula Truax Hotel Project MMRP 4 ESA / 160579 August 2017 MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED) Mitigation Measures Responsible Monitoring Enforcement Monitoring Phase Agency Agency Mitigation Monitoring and Reporting Program Action Indicating Compliance Verification of Compliance Initials Date Remarks Measure 3.2-2e: Prior to issuance of grading permits, the applicant shall be responsible for assuring that construction vehicles are equipped with proper emission control equipment to substantially reduce emissions. Pre -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 Measure 3.2-2f: Prior to issuance of grading permits, the applicant shall be responsible for the incorporation of measures to reduce construction- related traffic congestion into the project grading permit. Measures, subject to the approval and verification by the Public Works Department, shall include, as appropriate: • Provision of rideshare incentives. • Provision of transit incentives for construction personnel. • Configuration of construction parking to minimize traffic interference. • Measures to minimize obstruction of through traffic lanes. • Use of a flagman to guide traffic when deemed necessary. Pre -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 Measure 3.2-2g: Prior to the building/construction operations, applicant and individual contractors shall commit in writing to the following: • Scheduling receipt of construction materials outside of the peak travel period hours (i.e., 7:30 — 8:30 AM and 4:00 — 6:00 PM); • Routing construction traffic through areas of least impact sensitivity; and • Limiting lane closures and detours to off-peak travel periods. 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 Where Feasible: Measure 3.2-3a: Construct on-site or off-site bus turnouts, passenger benches, and shelters. 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 Measure 3.2-3b: Provide shuttles to major rail transit centers of multi- modal stations. 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 Truax Hotel Project MMRP 5 ESA/160579 August 2017 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED) Mitigation Measures Monitoring Phase Enforcement Agency Responsible Monitoring Agency Action Indicating Compliance Verification of Compliance Initials Date Remarks Measure 3.2-3c: Contribute to regional transit systems (e.g., right-of-way, capital improvements, etc.). 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 Measure 3.2-3d: Synchronize traffic lights on streets impacted by development. Pre -Construction / Construction Measure 3.2-3e: Set up resident worker training programs to improve job/housing balance. Project -specific Mitigation Measures 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 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 -AIR -1: All off-road construction equipment with a horsepower (HP) greater than 50 shall be required to have USEPA certified Tier 4 interim engines or engines that are certified to meet or exceed the emission ratings for USEPA Tier 4 engines. A copy of each unit's certified tier specification or model year specification shall be available upon request at the time of mobilization of each applicable unit of equipment. 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 -AIR -2: During earthmoving and construction phases, use water trucks to spray unpaved roads and exposed soils on the project site at least four times per day to keep all areas where vehicles move damp enough to prevent dust raised when leaving the site. In addition, require all vehicles and off-road equipment to limit maximum speed on unpaved roads within the project site to 15 miles per hour. 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 Truax Hotel Project 6 ESA / 160579 MMRP August 2017 Mitigation Measures MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED) Mitigation Monitoring and Reporting Program Responsible Action Verification of Compliance Monitoring Enforcement Monitoring Indicating Phase Agency Agency Compliance Initials Date Remarks Cultural Resources Old Town Specific Plan Program EIR Mitigation Measures Mitigation Measure 3.4-1a: Consistent with the City of Temecula's Pre -Construction City of City of Issuance of General Plan Goal 6 and Implementation Procedure OS -26 and OS -39, the Temecula Temecula Grading Permit Specific Plan Amendment shall include a new policy which requires that all qualified and field areas slated for development or other ground -disturbing activities shall be subject to a Phase I survey (including records search and archaeological survey) for archaeological resources on a project -specific basis prior to the Archaeologist verification and sign -off by City of Temecula City's approval of project plans. The survey shall be carried out by a qualified archaeologist in consultation with local Native American groups. If potentially significant archaeological resources are encountered during the survey, the City shall require that the resources are evaluated for their eligibility for listing on the National Register or California Register, and that recommendations are made for treatment of these resources if found to be significant, in consultation with the appropriate Native American groups. Any identified resources shall be avoided if feasible. Ground -disturbing activity in areas determined to be sensitive for cultural resources shall be monitored by a qualified archaeologist and Native American representative. Mitigation Measure 3.4-1 b: Consistent with the City of Temecula's Pre -Construction City of City of Issuance of General Plan Goal 6 and Implementation Procedure OS -26 and OS -39, the Temecula Temecula Grading Permit Specific Plan Amendment shall include a new policy which states that qualified and field during construction, should prehistoric or historic subsurface cultural resources be discovered, all activity in the vicinity of the find shall stop and a qualified archaeologist will be contacted to assess the significance of the find according to CEQA Guidelines Section 15064.5. If any find is determined to be significant, the City and the archaeologist will determine, in consultation with local Native American groups, appropriate avoidance measures or other appropriate mitigation. All significant cultural materials recovered will be, as necessary and at the discretion of the consulting archaeologist and in consultation with local Native American groups, subject to scientific analysis, professional museum curation, and documentation according to current professional standards. Archaeologist verification and sign -off by City of Temecula Mitigation Measure 3.4-2a: Consistent with the City of Temecula's Pre -Construction City of City of Issuance of General Plan Goal 6 and Implementation Procedure OS -2, the Specific Temecula Temecula Grading Permit Plan Amendment shall include a new policy which states that all areas qualified and field slated for development or other ground -disturbing activities in the Specific Plan Area which contain structures 50 years old or older be surveyed and 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 Archaeologist verification and sign -off by City of Temecula Architectural History. If potentially significant resources are encountered Truax Hotel Project MMRP 7 ESA / 160579 August 2017 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED) Mitigation Measures Responsible Monitoring Enforcement Monitoring Phase Agency Agency Action Indicating Compliance Verification of Compliance Initials Date Remarks 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 prepare a treatment plan to include, but not limited to, photo -documentation and public interpretation of the resource. Mitigation Measure 3.4-4a: Consistent with State law, CEQA Guidelines, and the City of Temecula's General Plan Goal 6 and Implementation Construction City of Temecula City of Temecula Issuance of Grading Permit Procedure OS -26 and OS -39, the Specific Plan Amendment shall include a qualified and field new policy which states that if human skeletal remains are uncovered during project construction, work in the vicinity of the find shall cease and the Riverside County coroner will be contacted to evaluate the remains, following the procedures and protocols set forth in Section 15064.5 (e)(1) of the CEQA Guidelines. If the County coroner determines that tl-te remains are Native American, he or she will contact the Native American Heritage Archaeologist verification and sign -off by City of Temecula 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 identify the person(s) thought to be the Most Likely Descendent of the deceased Native American, who will then help determine what course of action should be taken in dealing with the remains. Per Public Resources Code 5097.98, the landowner shall ensure that the immediate vicinity, according to generally accepted cultural or archaeological standards or practices, where the Native American human remains are located, is not damaged or disturbed by further development activity until the landowner has discussed and conferred, as prescribed in this section (PRC 5097.98), with the most likely descendants regarding their recommendations, if applicable, taking into account the possibility of multiple human remains. Mitigation Measure 3.4-5a: The Specific Plan Amendment shall include a Construction City of City of Issuance of new policy which states that in the event that paleontological resources are Temecula Temecula Grading Permit discovered, the project proponent will notify a qualified paleontologist. The qualified and field 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 Paleontologist verification and sign -off by City of Temecula Vertebrate Paleontology standards (Society of Vertebrate Paleontology, 1995)). The paleontologist will notify the appropriate agencies to determine procedures that would be followed before construction is allowed to resume at the location of the find. If the City determines that avoidance is not feasible, the paleontologist will prepare an excavation plan for mitigating Truax Hotel Project MMRP 8 ESA / 160579 August 2017 Mitigation Measures MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED) Monitoring Phase Enforcement Agency Responsible Monitoring Agency Action Indicating Compliance Mitigation Monitoring and Reporting Program Verification of Compliance Initials Date Remarks the effect of the project on the qualifies that make the resource important. The plan will be submitted to the City for review and approval prior to implementation. Project -specific Mitigation Measures Mitigation Measure MM -CUL -1: Prior to issuance of a grading permit and prior to the start of any ground -disturbing activity, the applicant shall retain a qualified archaeologist, defined as an archeologist meeting the Secretary of the Interior's Professional Qualification Standards for archeology (U.S. Department of Interior 2012) and as approved by the City of Temecula, to provide archeological expertise in carrying out all mitigation measures related to archeological resources (Mitigation Measures CUL -2 and -3). Pre -Construction City of Temecula City of Temecula qualified Archaeologist Issuance of Grading Permit and field verification and sign -off by City of Temecula Mitigation Measure MM -CUL -2: Prior to the start of ground -disturbing activities, the qualified archaeologist shall designate an archaeological monitor to observe ground -disturbing activities, including but not limited to brush clearance and grubbing, grading, trenching, excavation, and the construction of fencing and access roads, in consultation with the Pechanga monitor. If ground -disturbing activities occur simultaneously in two or more areas located more than 500 feet apart, additional archaeological monitors may be required. The archaeological monitor shall keep daily logs. After monitoring has been completed, the qualified archaeologist shall prepare a monitoring report that details the results of monitoring activities, which shall be submitted to the City, Pechanga Tribe, and to the EIC at the University California, Riverside. Mitigation Measure MM -CUL -3: At least 30 days prior to issuance of a grading permit and prior to the start of any ground -disturbing activity, the project Applicant shall contact the Pechanga Tribe to notify the Tribe of grading, excavation and the monitoring program, and to coordinate with the Tribe to develop and enter into a Cultural Resources Treatment and Monitoring Agreement (Agreement). The Agreement will address the treatment of known cultural resources; appropriate treatment and procedure for inadvertent discoveries; the designation, responsibilities, and participation of Native American Tribal monitors during grading, excavation and ground disturbing activities; project grading and development scheduling; terms of compensation for the monitors; and treatment and final disposition of any cultural resources, sacred sites, and human remains discovered on the site. The Pechanga Tribal monitor shall monitor all ground -disturbing activities including, but not limited to, brush clearance and grubbing, grading, trenching, excavation, and the construction of fencing, as specified in the Agreement, and in consultation with the project archeologist. If ground - disturbing activities occur simultaneously in two or more locations, Pre -Construction City of Temecula City of Temecula qualified Archaeologist and Pechanga tribal representatives Pre -Construction/ Construction City of Temecula City of Temecula qualified Archaeologist and Pechanga tribal representatives Issuance of Grading Permit; verification by City of Temecula in consultation with Pechanga Tribe Issuance of Grading Permit; verification by City of Temecula in consultation with Pechanga Tribe Truax Hotel Project 9 ESA / 160579 MMRP August 2017 Mitigation Monitoring and Reporting Program Mitigation Measures MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED) Monitoring Phase Enforcement Agency Responsible Monitoring Agency Action Indicating Compliance Verification of Compliance Initials Date Remarks additional Native American monitors may be required. Mitigation Measure MM -CUL -4: If inadvertent discoveries of subsurface cultural resources are discovered during ground -disturbing activities, the project Applicant, the project qualified Archaeologist, and the Pechanga Tribe shall assess the significance of such resources and shall meet and confer regarding the mitigation for such resources. Pursuant to PRC Section 21083.2(b), avoidance is the preferred method of preservation for archaeological resources. If the project Applicant and the Pechanga Tribe cannot agree on the significance or the mitigation for such resources, these issues will be presented to the Planning Director for decision. The Planning Director will make the determination based on the provisions of the California Environmental Quality Act with respect to archaeological resources and will take into account the religious beliefs, customs, and practices of the Pechanga Tribe. Notwithstanding any other rights available under the law, the decision of the Planning Director will be appealable to the City Planning Commission and/or City of Temecula City Council. Construction City of Temecula City of Temecula qualified Archaeologist and Pechanga tribal representatives Mitigation Measure MM -CUL -5: The landowner shall relinquish ownership of all cultural resources, including sacred items, burial goods and all archaeological artifacts that are recovered as a result of project implementation to the Pechanga Tribe for proper treatment and disposition as outlined in the Agreement (Mitigation Measure CUL -3). Construction City of Temecula City of Temecula qualified Archaeologist and Pechanga tribal representatives Mitigation Measure MM -CUL -6: All sacred sites, should they be encountered within the project area, shall be avoided and preserved as the preferred mitigation, if feasible. Pre -Construction/ Construction Mitigation Measure MM -CUL -7: In the event paleontological resources are discovered during project implementation, the project Applicant will notify the City's Planning Director and a qualified paleontologist, defined as one meeting the Society of Vertebrate Paleontology standards (Society of Vertebrate Paleontology, 1995). The paleontologist shall 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 shall be temporarily halted or diverted until the discovery is examined by a qualified paleontologist. The paleontologist shall notify the appropriate agencies to determine procedures that would be followed before construction is allowed to resume at the location of the find. If the City determines that avoidance is not feasible, the paleontologist shall prepare an excavation plan for Truax Hotel Project MMRP Construction City of Temecula City of Temecula Verification by City of Temecula in consultation with Pechanga Tribe Verification by City of Temecula in consultation with Pechanga Tribe City of Temecula qualified Archaeologist City of Temecula Project Approval City of Temecula qualified Paleontologist and City Planning Director 10 Issuance of Grading Permit, review of plans, field verification and sign -off by City of Temecula ESA/160579 August 2017 Mitigation Measures Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED) Monitoring Phase Enforcement Agency Responsible Monitoring Agency Action Indicating Compliance Verification of Compliance Initials Date Remarks mitigating the effect of the project on the qualities that make the resource important. The plan will be submitted to the City for review and approval prior to implementation. Mitigation Measure MM -CUL -8: If human remains are encountered, California Health and Safety Code Section 7050.5 states that no further Construction City of Temecula City of Temecula Verification by City of disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to PRC Section qualified Archaeologist Temecula 5097.98(b), remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the NAHC must be contacted within 24 hours. The NAHC must then immediately identify the Most Likely Descendant (MLD) upon receiving notification of the discovery. The MLD shall then make recommendations within 48 hours and engage in consultation concerning the treatment of the remains as provided in PRC Section 5097.98 and the Agreement described in Mitigation Measure MM -CUL -3. Geology, Soils and Seismicity Old Town Specific Plan Program EIR Mitigation Measures Mitigation Measure 3.5-1: Prior to the issuance of a grading or building permit for individual projects, the project developer shall file a NOI with California to comply with the requirements of the NPDES General Construction Permit (Municipal Code, Chapter 8.24). This would include the preparation of a SWPPP incorporating construction BMPs for control of erosion and sedimentation contained in stormwater runoff. Project -specific Mitigation Measures Pre -Construction/ City of Construction Temecula City of Temecula Building Official or other Designee Mitigation Measure MM-GEO-1: Prior to issuance of a building permit, a final design level geotechnical report shall be prepared by a California registered geotechnical engineer or engineering geologist and submitted to the City in accordance with City, CBC and engineering standards. The final report shall be based on the recommendations contained within the Preliminary Geotechnical report prepared for the project site and include measures to incorporate seismic design measures that meets CBC requirements. The report shall address all geotechnical hazards including seismic design, liquefaction, soil stability, and any other geotechnical hazard identified at the site. Pre -Construction/ Construction City of Temecula Issuance of Grading or Building Permit, review of plans, field verification and sign -off by City of Temecula City of Temecula Building Official or other Designee Issuance of Building Permit and field verification and sign -off by City of Temecula Truax Hotel Project MMRP 11 ESA/ 160579 August 2017 Mitigation Monitoring and Reporting Program Mitigation Measures MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED) Responsible Action Verification of Compliance Monitoring Enforcement Monitoring Indicating Phase Agency Agency Compliance Initials Date Remarks Greenhouse Gas Emissions Old Town Specific Plan Program EIR Mitigation Measures Mitigation Measure 3.3-1: The applicant shall require implementati all feasible energy efficiency and GHG reduction measures, includin not limited to the following measures. (Feasibility of measure will be determined through consultation with the City and applicant.) Energy Efficiency • Design buildings to be energy efficient. • Install efficient lighting and lighting control systems. Use dayligh integral part of lighting systems in buildings. • Install light colored `cool" roofs, cool pavements. • Provide information on energy management services for large e users. • Install energy efficient heating and cooling systems, appliances equipment, and control systems. • Install light emitting diodes (LEDs) for traffic, street and other ou lighting. Water Conservation and Efficiency • Create water -efficient landscapes. • Install water -efficient irrigation systems and devices, such as soi moisture -based irrigation controls. • Design buildings to be water -efficient. Install water -efficient fixtu appliances. • Restrict watering methods (e.g., prohibit systems that apply wat non -vegetated surfaces) and control runoff. • Restrict the use of water for cleaning outdoor surfaces and vehi • Implement low -impact development practices that maintain the e hydrologic character of the site to manage storm water and prote environment. (Retaining storm water runoff on-site can drasticall reduce the need for energy -intensive imported water at the site.) • Devise a comprehensive water conservation strategy appropriate the project and location. The strategy may include many of the s items listed above, plus other innovative measures that are appr to the specific project. • Provide education about water conservation and available progr and incentives. Truax Hotel Project MMRP 12 ESA /160579 August 2017 an of Pre -Construction/ City of City of Issuance of j but as an energy and Construction Temecula Temecula Building Official or other Designee Building Permit and field verification and sign -off by City of Temecula :door I es and it to les. xisting ctthe V ;for oecific opriate ams 12 ESA /160579 August 2017 Mitigation Measures MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED) Monitoring Phase Enforcement Agency Responsible Monitoring Agency Mitigation Monitoring and Reporting Program Action Indicating Compliance Verification of Compliance Initials Date Remarks Solid Waste Measures • Reuse and recycle construction and demolition waste (including, but not limited to, soil, vegetation, concrete, lumber, metal, and cardboard). • Provide interior and exterior storage areas for recyclables and green waste and adequate recycling containers located in public areas. Land Use Measures • Include mixed-use, infill, and higher density in development projects to support the reduction of vehicle trips, promote alternatives to individual vehicle travel, and promote efficient delivery of services and goods. Transportation and Motor Vehicles • Limit idling time for commercial vehicles, including delivery and construction vehicles. • Use low or zero -emission vehicles, including construction vehicles. Hazards and Hazardous Materials Project -specific Mitigation Measures Mitigation Measure MM-HAZ-1: As a condition of approval for a grading permit, the use of construction best management practices (BMPs) shall be implemented as part of construction to minimize the potential negative effects of accidental release of hazardous materials to groundwater and soils. These shall include the following: • Follow manufacturer's recommendations on use, storage and disposal of chemical products used in construction; • Avoid overtopping construction equipment fuel gas tanks; • During routine maintenance of construction equipment, properly contain and remove grease and oils; and • Properly dispose of discarded containers of fuels and other chemicals in accordance with manufacturer's specifications and local and state regulations. All the BMPs shall be in accordance with the most recent version of the California Stormwater Quality Association (CASQA) BMP Handbook for construction and included in contract specifications. 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 Truax Hotel Project MMRP 13 ESA / 160579 August 2017 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED) Mitigation Measures Monitoring Phase Enforcement Agency Responsible Monitoring Agency Action Indicating Compliance Verification of Compliance Initials Date Remarks Hydrology and Water Quality Old Town Specific Plan Program EIR Mitigation Measures Mitigation Measure 3.5-1: Prior to the issuance of a grading or building permit for individual projects, the project developer shall file a NOI with California to comply with the requirements of the NPDES General Construction Permit (Municipal Code, Chapter 8.24). This would include the preparation of a SWPPP incorporating construction BMPs for control of erosion and sedimentation contained in stormwater runoff. Project -specific Mitigation Measures Pre -Construction/ Construction City of Temecula City of Temecula Building Official or other Designee Mitigation Measure MM -HYD -1: As a condition of approval, the proposed project shall be required to implement the 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 final project designs implement specific water quality features to meet the City's MS4 Permit and Stormwater Ordinance requirements. The WQMP shall be reviewed and approved by the City of Temecula prior to the issuance of a building or grading permit. Pre -Construction / Construction/ Post -Construction Mitigation Measure MM -HYD -2: Prior to issuance of a grading permit, a final drainage study shall be prepared by a registered civil engineer and submitted to Public Works with the initial grading plan check in accordance with City, Riverside County and engineering standards. The final study shall identify storm water runoff quantities (to mitigate the 100 -year storm event) from the development of this site and upstream of the site, and shall identify all existing or proposed drainage facilities intended to discharge this runoff. Runoff shall be conveyed to an adequate outfall capable of receiving the storm water runoff without damage to public or private property; the final study shall include a capacity analysis verifying the adequacy of all facilities. If the receiving facilities are determined to be under capacity, then other improvements to existing or proposed drainage facilities shall be incorporated into the final design in accordance with Public Works requirements. City of Temecula Issuance of Grading Permit and field verification and sign -off by City of Temecula City of Temecula Building Official or other Designee Issuance of Building or Grading Permit, review of plans, field verification and sign -off by City of Temecula Pre -Construction / Construction/ Post -Construction City of Temecula City of Temecula Engineer or other Designee Issuance of Grading Permit, review of plans, field verification and sign -off by City of Temecula Truax Hotel Project MMRP 14 ESA/160579 August 2017 Mitigation Measures MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED) Mitigation Monitoring and Reporting Program Responsible Action Verification of Compliance Monitoring Enforcement Monitoring Indicating - Phase Agency Agency Compliance Initials Date Remarks Noise Old Town Specific Plan Program EIR Mitigation Measures Measure 3.7-1a: The applicant shall ensure, as specified in City of Temecula Ordinance No. 94-25, that no construction may occur within one- quarter (1/4) of a mile of any occupied residence during the following hours: • 6:30 PM to 6:30 AM, Monday through Friday. • Before 7:00 AM or after 6:30 PM, Saturday. • At any time on Sunday or any nationally recognized holiday. 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 Measure 3.7-1b: The applicant shall ensure that all construction equipment will have properly operating mufflers. 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 Measure 3.7-1c: The applicant shall ensure that all construction staging shall be performed as far as possible from occupied dwellings. 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 Measure 3.7-1d: The applicant shall ensure that signs shall be posted at the construction sites that include permitted construction days and hours, and a contact number for the job site. 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 Measure 3.7-2a: The construction contractor will conduct crack surveys before construction activities that could cause architectural damage to nearby structures. The survey will include any historic buildings or buildings in poor condition within 15 feet of construction. The surveys will be done by photographs, video tape, or visual inventory, and will include inside as well as outside locations. All existing cracks in walls, floors, and driveways should be documented with sufficient detail for comparison after construction to determine whether actual vibration damage occurred. A post -construction survey should be conducted to document the condition of the surrounding buildings after the construction is complete. The construction contractor would be liable for construction vibration damage to 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 Truax Hotel Project MMRP 15 ESA / 160579 August2017 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED) Mitigation Measures Responsible Monitoring Enforcement Monitoring Phase Agency Agency Action Indicating Compliance Verification of Compliance Initials Date Remarks adjacent structures. Measure 3.7-3a: Building equipment (e.g., HVAC units) shall be located away from nearby residences, on building rooftops, and properly shielded by either the rooftop parapet or within an enclosure that effectively blocks the line of sight of the source from the nearest receptors. The resultant HVAC noise level shall not exceed 45 dBA at the nearest receptors. Construction 1 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 Measure 3.7-3b: In order to avoid noise -sensitive hours, commercial and retail shall prohibit loading and unloading activities between the nighttime hours of 10:00 PM and 7:00 AM. 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 Measure 3.7-3c: To further address the nuisance impact of loading dock/truck delivery noise, all loading areas for commercial and retail uses shall be located at the rear or sides of buildings within the commercial and mixed-use districts, where noise can be directed away from residential uses within the mixed use areas of the project. 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 Measure 3.7-4: If necessary to comply with the interior noise requirements of the City of Temecula and achieve an acceptable interior noise level, noise reduction in the form of sound -rated assemblies (i.e., windows, exterior doors, and walls) shall be incorporated into project building design, based upon recommendations of a qualified acoustical engineer. Final recommendations for sound -rated assemblies will depend on the specific building designs and layout of buildings on the site and shall be determined during the design phase. Pre- 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 Project -specific Mitigation Measures Mitigation Measure MM -N01-1: The applicant shall ensure: • As specified in City of Temecula Ordinance No. 94-25, that no construction may occur within one-quarter (1/4) of a mile of any occupied residence during the following hours: — 6:30 PM to 6:30 AM, Monday through Friday. — Before 7:00 AM or after 6:30 PM, Saturday. — At any time on Sunday or any nationally recognized holiday. • That all construction equipment will have properly operating mufflers. • That all construction staging shall be performed as far as possible from 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 Truax Hotel Project MMRP 16 ESA / 160579 August 2017 Mitigation Measures MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED) Monitoring Phase Enforcement Agency Responsible Monitoring Agency Mitigation Monitoring and Reporting Program Action Indicating Compliance Verification of Compliance Initials Date Remarks occupied dwellings. • That signs shall be posted at the construction sites that include permitted construction days and hours, and a contact number for the job site. Mitigation Measure MM -N01-2: The construction contractor will conduct crack surveys before construction activities that could cause architectural damage to nearby structures. The survey will include any historic buildings or buildings in poor condition within 15 feet of construction. The surveys will be done by photographs, video tape, or visual inventory, and will include inside as well as outside locations. All existing cracks in walls, floors, and driveways should be documented with sufficient detail for comparison after construction to determine whether actual vibration damage occurred. A post -construction survey should be conducted to document the condition of the surrounding buildings after the construction is complete. The construction contractor would be liable for construction vibration damage to adjacent structures. Pre -Construction/ Construction/ Post -Construction Mitigation Measure MM -N01-3: Implement Temporary Noise Barriers. Implement the field -erected temporary noise barriers including but not limited to sound blankets on existing fences and walls or the use of freestanding portable sound walls, to block the line -of -site between construction equipment and noise -sensitive receptors during project implementation. Noise barriers should be a minimum of 8 -feet -tall and continuous between the source of noise and adjacent or nearby noise - sensitive receptors. Noise barriers are most effective when placed directly adjacent to either the noise source or receptor. Place sound barriers around stationary sources and near windows, where feasible. Barrier construction may include, but not necessarily limited to, using appropriately thick wooden panel walls (at least 1/2 inch thick), as shown in Figure 3.8-1, which are tall enough to block the line -of -sight between the dominant construction noise source(s) and the noise -sensitive receptor. Such barriers can reduce construction noise by 5 to 15 dBA at nearby noise -sensitive receptor locations, depending on barrier height and length, and the distance between the barrier and the noise -producing equipment or activity. Alternately, field -erected noise curtain assemblies could be installed around specific equipment sites or zones of anticipated mobile or stationary activity, resembling the sample shown in Figure 3.8-2. These techniques are most effective and practical when the construction activity noise source is stationary (e.g., auger or drill operation) and the specific source locations of noise emission are near the ground and can be placed as close to the equipment/activity-facing side of the noise barrier as possible. Barrier layout and other implementation details would vary by construction site. Truax Hotel Project MMRP City of Temecula City of Temecula Building Official, construction contractor, or other Designee Construction City of Temecula 17 City of Temecula Building Official or other Designee Issuance of Grading Permit and field verification and sign -off by City of Temecula Issuance of Grading Permit and field verification and sign -off by City of Temecula ESA/ 160579 August 2017 MltigatIon Monitoring and Reporting Program Mitigation Measures MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED) Monitoring Phase Enforcement Agency Responsible Monitoring Agency Action Indicating Compliance Verification of Compliance Initials Date Remarks Mitigation Measure MM -N01-4: • Building equipment (e.g., HVAC units) shall be located away from nearby residences, on building rooftops, and property shielded by either the rooftop parapet or within an enclosure that effectively blocks the line of sight of the source from the nearest receptors. The resultant HVAC noise level shall not exceed 45 dBA at the nearest receptors. • In order to avoid noise -sensitive hours, commercial and retail shall prohibit loading and unloading activities between the nighttime hours of 10:00 PM and 7:00 AM. • To further address the nuisance impact of loading dock/truck delivery noise, all loading areas for commercial and retail uses shall be located at the rear or sides of buildings within the commercial and mixed-use districts, where noise can be directed away from residential uses within the mixed use areas of the project. Post -Construction Mitigation Measure MM -N01-5: If necessary to comply with the interior noise requirements of the City of Temecula and achieve an acceptable interior noise level, noise reduction in the form of sound -rated assemblies (i.e., windows, exterior doors, and walls) shall be incorporated into project building design, based upon recommendations of a qualified acoustical engineer. Final recommendations for sound -rated assemblies will depend on the specific building designs and layout of buildings on the site and shall be determined during the design phase. Traffic and Circulation Old Town Specific Plan Program EIR Mitigation Measures City of Temecula City of Temecula Building Official or other Designee Issuance of Building Permit and field verification and sign -off by City of Temecula Post -Construction Measure 3.9-1: The project applicant shall incorporate the following features into the design of the Specific Plan area: At the intersection of Old Town Front Street and Rancho California Road provide a northbound through/right-turn lane combination with a right -turn overlap. Provide subsequent Traffic Impact Analyses, as development occurs, to determine thresholds for implementation of Roundabouts at the intersections of Old Town Front Street and First Street/Santiago Road/Mercedes Street and Old Town Front Street and Mercedes Street. Provide pedestrian facilities from Old Town Front Street which connect the east and west neighborhood cores with the Old Town Core District. Truax Hotel Project MMRP City of Temecula City of Temecula Building Official or other Designee Issuance of Building Permit and field verification and sign -off by City of Temecula Construction City of Temecula City of Temecula Building Official / Public Works Department or other Designee Issuance of Building Permit and field verification and sign -off by City of Temecula 18 ESA/160579 August 2017 Mitigation Measures MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED) Responsible Monitoring Enforcement Monitoring Phase Agency Agency Mitigation Monitoring and Reporting Program Action Indicating Compliance Verification of Compliance Initials Date Remarks Measure 3.9-2: The project applicant shall incorporate the following Construction City of City of Issuance of features into the design of the Specific Plan area: Temecula Temecula Building Permit At the intersection of Old Town Front Street and Rancho California Road Building Official and field provide a westbound right -turn overlap. / Public Works Department or verification and sign -off by City Provide subsequent Traffic Impact Analyses, as development occurs, to determine thresholds for implementation of Roundabouts at the intersections of Old Town Front Street and First Street/Santiago other Designee of Temecula Road/Mercedes Street and Old Town Front Street and Mercedes Street. Provide pedestrian facilities from Old Town Front Street which connect the east and west neighborhood cores with the Old Town Core District. Project -specific Mitigation Measures Mitigation Measure MM -CUM CIR-1: The project applicant shall Construction/ City of City of Issuance of contribute fair -share funding (2%) towards the optimization of the AM peak Post -Construction Temecula Temecula Grading Permit hour traffic signal coordination timing plan. Since Rancho California Road Engineer or and Issuance of operates an Adaptive Traffic Signal System, the entire corridor will require optimization. other Designee a Certificate of Occupancy Utilities Old Town Specific Plan Program EIR Mitigation Measures Measure 3.8-4: Prior to construction in any undeveloped areas, EMWD shall review the plans for consistency with design criteria. Once approved by the EMWD engineer, the applicant shall pay the required connection fee to EMWD prior to construction of the sewer line. Pre -Construction EMWD EMWD Engineer or other Designee Issuance of Grading Permit and verification and sign -off by City of Temecula Measure 3.8-5: Prior to construction, the project applicant and/or each subsequent project applicant will pay its fair share in mitigation fees to EMWD to upgrade the First Street and the Pujol Street sewer lines. Pre -Construction EMWD EMWD Engineer or other Designee Issuance of Grading Permit and verification and sign -off by City of Temecula Measure 3.8-6: All proposed development plans shall designate adequate and convenient space on the property to be used for collecting all recyclable materials generated on the premises. Truax Hotel Project MMRP Pre -Construction EMWD EMWD Engineer or other Designee Issuance of Grading Permit and verification and sign -off by City of Temecula 19 ESA / 160579 August2017 EXHIBIT C STATEMENT OF OVERRIDING CONSIDERATIONS The following Statement of Overriding Considerations is made in connection with the proposed approval of the Truax Hotel Development (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 effects when determining whether to approve a project. If the benefits of the project outweigh the unavoidable adverse effects, those effects may be considered acceptable. CEQA requires the agency to provide written findings supporting the specific reasons for considering a project acceptable when significant impacts are unavoidable. Such reasons must be based on substantial evidence in the EIR or elsewhere in the administrative record. The reasons for proceeding with this Project despite the adverse environmental impacts that may result are provided in this Statement of Overriding Considerations. The City Council finds that 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 impacts, or they do not provide the benefits of the Project, or are otherwise socially or economically infeasible as fully described in the Findings and Facts in Support of Findings. The City Council finds that the economic, social and other benefits of the Project outweigh the significant and unavoidable impacts in the areas of Noise and Vibration and Greenhouse Gas Emissions. In making this finding, the City Council has balanced the benefits of the Project against its unavoidable impacts. The City Council finds that each one of the following benefits of the Project independently warrant approval of the Project notwithstanding the unavoidable environmental impacts of the Project. Each of the following benefits, standing alone, is sufficient justification for the City Council to override these unavoidable environmental impacts. A. Hotels were identified as a desirable use for Old Town during the Old Town Specific Plan visioning process (Land Use/Economic Policy 9 — Old Town Specific Plan). As a result, the Old Town Specific Plan provided for the Downtown Core/Hotel Overlay district with the intent to encourage the development of a full service hotel with conference facilities, restaurant and other guest services. The Project is a full service hotel with conference facilities, restaurant, valet parking, gym, and pool. B. The Project is anticipated to stimulate continued development growth within Old Town. Land Use/Economics Objective 5 of the Old Town Specific Plan seeks to establish Old Town as a "24 hour" destination. The overnight guests are anticipated to contribute to the overall Old Town economy during their stay by shopping in local stores and eating at local restaurants. C. Temecula Valley visitor volume has consistently increased, which has increased demand for additional hotel rooms within Temecula. The Project will help satisfy this growing demand by creating 151 new hotel rooms as part of a full-service hotel. DRAFT PC RESOLUTION - SPECIFIC PLAN AMENDMENT PC RESOLUTION NO.17- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SPECIFIC PLAN NO. 5 (OLD TOWN) TO RELOCATE A PORTION OF THE EXISTING HOTEL OVERLAY FOR THE TRUAX HOTEL PROJECT, CONSISTING OF APPROXIMATELY 1.48 ACRES GENERALLY LOCATED ON THE SOUTH SIDE OF 3RD STREET BETWEEN OLD TOWN FRONT STREET AND MERCEDES STREET AND TAKE ACTIONS RELATED THERETO (APNS 922-043-002, 922-043-004, 922-043-018, 922-043-024, 922-043-003, 922-043-015, 922-043-023, AND 922-043-025) (PA17-0109) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On February 22, 2016, Chris Campbell of Walter R. Allen Architect + Associates filed Planning Application No. PA16-0270, a Development Plan. On January 23, 2017, Gary Thornhill, on behalf of the Truax Group submitted Planning Application No. PA17-0109, a Specific Plan Amendment. On June 30, 2017, Ross Jackson, on behalf of the Truax Group, submitted Planning Application PA17-1020, a Minor Exception. These applications (collectively "Project") were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. Collectively, the Project consists of a relocation of a portion of the existing Hotel Overlay contained within the Old Town Specific Plan to allow for the development of a full service hotel. The Project also includes a Minor Exception to increase the allowable building height of a parking garage that will be constructed across the street from the hotel. 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. D. The Old Town Specific Plan was amended in 2010. An Environmental Impact Report was prepared and certified at a public hearing as part of the amendment process. E. A Subsequent Environmental Impact Report (SEIR), Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations were prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA"). Thereafter, City staff circulated a Notice of Completion indicating the public comment period and intent to adopt the SEIR as required by law. The public comment period commenced via the State Clearinghouse from May 2, 2017 through June 15, 2017. A Notice of Availability was also sent to property owners contiguous to the Project area indicating a review period of May 2, 2017 through June 15, 2017. The Notice of Availability was also printed in the San Diego Union Tribune, a newspaper of general circulation within the City of Temecula. Copies of the documents have been available for public review and inspection at the offices of the Community Development Department, located at City Hall, 41000 Main Street, Temecula, California 92590; the Ronald H. Roberts Temecula Public Library located at 30600 Pauba Road; Temecula Grace Mellman Community Library located 41000 County Center Drive; and the City of Temecula website. F. On August 16, 2017, the Planning Commission considered the Final SEIR, Planning Application Nos. PA17-0109, Specific Plan Amendment; PA17-1020, a Minor Exception; and PA16-0270, Development Plan at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support of or opposition to this matter. G. Following consideration of the entire record of information received at the public hearing, the Planning Commission adopted Resolution No. 17- "A RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL CERTIFY THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT, ADOPT ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPT A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPT A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE TRUAX HOTEL PROJECT, CONSISTING OF APPROXIMATELY 2.46 ACRES GENERALLY LOCATED ON THE NORTH AND SOUTH SIDE OF 3RD STREET BETWEEN OLD TOWN FRONT STREET AND MERCEDES STREET (APNS: 922-043-002, 922-043-004, 922-043-018, 922-043-024, 922-043-003, 922-043-015, 922-043-023, 922-043-025, 922-044-017, AND 922-044- 020." Resolution No. 17- and the findings therein are hereby incorporated by this reference as set forth in full. H. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Commission, in recommending approval the Specific Plan Amendment Application No. PA17-0109, hereby finds, determines and declares that: A. The proposed specific plan is consistent with the General Plan and Development Code. Goal 6 of the Economic Development Element of the General Plan is about enhancing local tourism and pursues a comprehensive, recognizable tourist destination, offering a range of attractions throughout and beyond the Planning Area. This is accomplished by Policy 6.4. This policy encourages development of lodging along the freeway which interacts well with the professional office and tourism markets and enhances fiscal viability. The proposed amendment to the Old Town Specific Plan will allow for a portion of the existing Hotel Overlay to be relocated to the project site. Because the relocated section of overlay will be required to adhere to the same development requirements stipulated in the Old Town Specific Plan, General Plan and Development Code, the proposed Specific Plan Amendment is consistent with the Policy 6.4 of the General Plan and the Development Code. B. The proposed specific plan would not be detrimental to the public interest, health, safety, convenience or welfare of the city. The proposed amendment has been reviewed against the requirements of the Municipal Code, Building Code, and Fire Code. These codes contain requirements designed to protect the public interest, health, safety, convenience or welfare of the City. Because the Specific Plan Amendment is consistent with these Codes, the amendment is not anticipated to have a detrimental impact to the public interest, health, safety, convenience or welfare of the City. C. The subject property is physically suitable for the requested land use designations and the anticipated land use developments. The subject property is physically suitable to accept land uses that can take full advantage of the Hotel Overlay's expanded development opportunities. This is because the size of the area that will receive the overlay is large enough to allow for the construction of a full service hotel and parking garage. D. The proposed specific plan shall ensure development of desirable character which will be compatible with existing and proposed development in the surrounding neighborhood. The amendment will allow for the relocation of a portion of the existing Hotel Overlay to move north by approximately 230 feet. This distance will allow for a full service hotel to be located within the same general area of the remaining overlay in the southern portion of the Specific Plan. Therefore, full service hotels of the size allowed by the Hotel Overlay will continue to be concentrated in the southern portion of Old Town and development in this part of Old Town will continue with its originally envisioned character. Other uses that make up this area include mostly restaurants and retail establishments. Section 3. Recommendation. The Planning Commission of the City of Temecula recommends that the City Council adopt a Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SPECIFIC PLAN NO. 5 (OLD TOWN) TO RELOCATE A PORTION OF THE EXISTING HOTEL OVERLAY FOR THE TRUAX HOTEL PROJECT, CONSISTING OF APPROXIMATELY 1.48 ACRES GENERALLY LOCATED ON THE SOUTH SIDE OF 3RD STREET BETWEEN OLD TOWN FRONT STREET AND MERCEDES STREET AND TAKE ACTIONS RELATED THERETO (APN 922-043-002, 922-043-004, 922- 043-018, 922-043-024, 922-043-003, 922-043-015, 922-043-023, AND 922-043-025)" in substantially the same form attached hereto as Exhibit A, and incorporated herein by this reference. Section 4. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 16th day of August, 2017. John Telesio, Chairman ATTEST: Luke Watson Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. - was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 16th day of August, 2017, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Luke Watson Secretary EXHIBIT A CITY COUNCIL RESOLUTION RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SPECIFIC PLAN NO. 5 (OLD TOWN) TO RELOCATE A PORTION OF THE EXISTING HOTEL OVERLAY FOR THE TRUAX HOTEL PROJECT, CONSISTING OF APPROXIMATELY 1.48 ACRES GENERALLY LOCATED ON THE SOUTH SIDE OF 3RD STREET BETWEEN OLD TOWN FRONT STREET AND MERCEDES STREET AND TAKE ACTIONS RELATED THERETO (APN 922-043, 922-043-004, 922-043-018, 922- 043-024, 922-043-003, 922-043-015, 922-043-023, AND 922-043-025) (PA17-0109) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. On February 22, 2016, Chris Campbell of Walter R. Allen Architect + Associates filed Planning Application No. PA16-0270, a Development Plan. On January 23, 2017, Gary Thornhill, on behalf of the Truax Group submitted Planning Application No. PA17-0109, a Specific Plan Amendment. On June 30, 2017, Ross Jackson, on behalf of the Truax Group, submitted Planning Application PA17-1020, a Minor Exception. These applications (collectively "Project") were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. Collectively, the Project consists of a relocation of a portion of the existing Hotel Overlay contained within the Old Town Specific Plan to allow for the development of a full service hotel. The project also includes a Minor Exception to increase the allowable building height of a parking garage that will be constructed across the street from the hotel. 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. D. The Old Town Specific Plan was amended in 2010. An Environmental Impact Report was prepared and certified at a public hearing as part of the amendment process. E. A Subsequent Environmental Impact Report (SEIR), Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations were prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA"). Thereafter, City staff circulated a Notice of Completion indicating the public comment period and intent to adopt the SEIR as required by law. The public comment period commenced via the State Clearinghouse from May 2, 2017 through June 15, 2017. A Notice of Availability was also sent to property owners contiguous to the Project area indicating a review period of May 2, 2017 through June 15, 2017. The Notice of Availability was also printed in the San Diego Union Tribune, a newspaper of general circulation within the City of Temecula. Copies of the documents have been available for public review and inspection at the offices of the Community Development Department, located at City Hall, 41000 Main Street, Temecula, California 92590; the Ronald H. Roberts Temecula Public Library located at 30600 Pauba Road; Temecula Grace Mellman Community Library located 41000 County Center Drive; and the City of Temecula website. F. On August 16, 2017, the Planning Commission considered the Final SEIR, Planning Application Nos. PA17-0109, Specific Plan Amendment; PA17-1020, a Minor Exception; and PA16-0270, Development Plan at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support of or opposition to this matter. G. Following consideration of the entire record of information received at the public hearing, the Planning Commission adopted Resolution No. 17- "A RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL CERTIFY THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT, ADOPT ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPT A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPT A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE TRUAX HOTEL PROJECT, CONSISTING OF APPROXIMATELY 2.46 ACRES GENERALLY LOCATED ON THE NORTH AND SOUTH SIDE OF 3RD STREET BETWEEN OLD TOWN FRONT STREET AND MERCEDES STREET (APNS: 922-043-002, 922-043-004, 922-043-018, 922-043-024, 922-043-003, 922-043-015, 922-043-023, 922-043-025, 922-044-017, AND 922-044- 020." H. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 17- "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SPECIFIC PLAN NO. 5 (OLD TOWN) TO RELOCATE A PORTION OF THE EXISTING HOTEL OVERLAY FOR THE TRUAX HOTEL PROJECT, CONSISTING OF APPROXIMATELY 1.48 ACRES GENERALLY LOCATED ON THE SOUTH SIDE OF 3RD STREET BETWEEN OLD TOWN FRONT STREET AND MERCEDES STREET AND TAKE ACTIONS RELATED THERETO (APN 922-043, 922-043-004,922-043-018, 922-043-024, 922-043-003,922- 043-015, 922-043-023,922-043-025)" I. On , the City Council of the City of Temecula considered the Project and the Final SEIR, Mitigation Monitoring and Reporting Program, and 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 Project and the Final SEIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations prior to and at the public hearing. J. Following the public hearing, the Council adopted Resolution No. 17- "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT, ADOPTING FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE TRUAX HOTEL PROJECT, CONSISTING OF APPROXIMATELY 2.46 ACRES GENERALLY LOCATED ON THE NORTH AND SOUTH SIDE OF 3RD STREET BETWEEN OLD TOWN FRONT STREET AND MERCEDES STREET (APNS: 922- 043-002, 922-043-004, 922-043-018, 922-043-024, 922-043-003, 922-043-015, 922- 043-023, 922-043-025, 922-044-017, AND 922-044-020).)" Resolution No. 17- and the findings therein are hereby incorporated by this reference as set forth in full. K. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Legislative Findings. The City Council in approving the Specific Plan Amendment hereby makes the following findings: A. The proposed specific plan is consistent with the General Plan and Development Code. Goal 6 of the Economic Development Element of the General Plan is about enhancing local tourism and pursues a comprehensive, recognizable tourist destination, offering a range of attractions throughout and beyond the Planning Area. This is accomplished by Policy 6.4. This policy encourages development of lodging along the freeway which interacts well with the professional office and tourism markets and enhances fiscal viability. The proposed amendment to the Old Town Specific Plan will allow for a portion of the existing Hotel Overlay to be relocated to the project site. Because the relocated section of overlay will be required to adhere to the same development requirements stipulated in the Old Town Specific Plan, General Plan and Development Code, the proposed Specific Plan Amendment is consistent with the Policy 6.4 of the General Plan and the Development Code. B. The proposed specific plan would not be detrimental to the public interest, health, safety, convenience or welfare of the city. The proposed amendment has bee n reviewed against the requirements of the Municipal Code, Building Code, and Fire Code. These codes contain requirements designed to protect the public interest, health, safety, convenience or welfare of the City. The amendment is not anticipated to have a detrimental impact to the public interest, health, safety, convenience or welfare of the City. C. The subject property is physically suitable for the requested land use designations and the anticipated land use developments. The subject property is physically suitable to accept land uses that can take full advantage of the Hotel Overlay's expanded development opportunities. This is because the size of the area that will receive the overlay is large enough to allow for the construction of a full service hotel and parking garage. D. The proposed specific plan shall ensure development of desirable character which will be compatible with existing and proposed development in the surrounding neighborhood. The amendment will allow for the relocation of a portion of the existing Hotel Overlay to move north by approximately 230 feet. This distance will allow for a full service hotel to be located within the same general area of the remaining overlay in the southern portion of the Specific Plan. Therefore, full service hotels of the size allowed by the Hotel Overlay will continue to be concentrated in the southern portion of Old Town and development in this part of Old Town will continue with its originally envisioned character. Other uses that make up this area include mostly restaurants and retail establishments. Section 3. Specific Plan Amendment. The City Council hereby amends Specific Plan No. 5 (Old Town) by relocating a portion of the existing Hotel Overlay as described in Exhibit A, attached to this Ordinance and incorporated herein as thought set forth in full. Section 4. Certification. The City Clerk shall certify to the adoption of this Resolution and shall cause it to be published in the manner required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of Maryann Edwards, 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. - was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the day of, , and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk EXHIBIT A SPECIFIC PLAN EXHIBIT DRAFT PC RESOLUTION - DEVELOPMENT PLAN PC RESOLUTION NO. 17- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DEVELOPMENT PLAN APPLICATION FOR THE TRUAX HOTEL PROJECT TO ALLOW FOR THE CONSTRUCTION OF A SIX -STORY, APPROXIMATELY 175,677 SQUARE FOOT HOTEL GENERALLY LOCATED ALONG THE SOUTH SIDE OF 3RD STREET BETWEEN OLD TOWN FRONT STREET AND MERCEDES STREET AND A PARKING STRUCTURE TOTALING APPROXIMATELY 86,117 SQUARE FEET AND CONTAINING APPROXIMATELY 2,846 SQUARE FEET OF GROUND FLOOR COMMERCIAL SPACE (APN: 922-043- 002, 922-043-004, 922-043-018, 922-043-024, 922-043-003, 922-043-015, 922-043-023, 922-043-025, 922-044-017, 922- 044-020)" (PA16-0270) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On February 22, 2016, Chris Campbell of Walter R. Allen Architect + Associates filed Planning Application No. PA16-0270, a Development Plan. On January 23, 2017, Gary Thornhill, on behalf of the Truax Group submitted Planning Application No. PA17-0109, a Specific Plan Amendment. On June 30, 2017, Ross Jackson on behalf of the Truax Group, submitted Planning Application PA17-1020, a Minor Exception. These applications (collectively "Project") were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. Collectively, the Project consists of a relocation of a portion of the existing Hotel Overlay contained within the Old Town Specific Plan to allow for the development of a full service hotel. The Project also includes a Minor Exception to increase the allowable building height for a parking garage that will be constructed across the street from the hotel. C. Pursuant to the California Environmental Quality Act (CEQA) (Pub. Res. Code § 21000, et seq.) and the State CEQA Guidelines (14 Cal. Code Regs. § 14000, et seq.), the City is the lead agency for the Project. D. The Old Town Specific Plan was amended in 2010. An Environmental Impact Report was prepared and certified at a public hearing as part of the amendment process. E. A Subsequent Environmental Impact Report (SEIR), Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations were prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA"). Thereafter, City staff circulated a Notice of Completion indicating the public comment period and intent to adopt the SEIR as required by law. The public comment period commenced via the State Clearinghouse from May 2, 2017 through June 15, 2017. A Notice of Availability was also sent to adjacent property owners indicating a review period of May 2, 2017 through June 15, 2017. The Notice of Availability was also printed in the San Diego Union Tribune, a newspaper of general circulation within the City of Temecula. Copies of the documents have been available for public review and inspection at the offices of the Community Development Department, located at City Hall, 41000 Main Street, Temecula, California 92590; the Ronald H. Roberts Temecula Public Library located at 30600 Pauba Road; Temecula Grace Mellman Community Library located 41000 County Center Drive; and the City of Temecula website. F. On August 16, 2017, the Planning Commission considered the Final Subsequent Environmental Impact Report ("SEIR"), Planning Application Nos. PA17-0109, Specific Plan Amendment; PA17-1020, Minor Exception PA16-0270; and Development Plan at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support of or opposition to this matter. G. Following consideration of the entire record before it at the public hearing and due consideration of the Project the Planning Commission adopted Resolution No. "A RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL CERTIFY THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT, ADOPT ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPT A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPT A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE TRUAX HOTEL PROJECT, CONSISTING OF APPROXIMATELY 2.46 ACRES GENERALLY LOCATED ON THE NORTH AND SOUTH SIDE OF 3RD STREET BETWEEN OLD TOWN FRONT STREET AND MERCEDES STREET (APNS: 922-043-002, 922-043-004, 922-043-018, 922-043-024, 922-043-003, 922-043-015, 922-043-023, 922-043-025, 922-044-017, AND 922-044- 020." Resolution No. 17- and the findings therein are hereby incorporated by this reference as set forth therein H. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Commission, in recommending approval of Development Plan Application No. PA16-0270, pursuant to Temecula Municipal Code section 17.05.010 hereby finds, determines and declares that: A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City; The application will allow for the construction of a full-service hotel. The project will be in conformance with the Goal 6 Policy 6.4 of the General Plan for Temecula. This goal and policy encourage lodging facilities along the freeway. The Project is also in compliance with all applicable requirements of State law and other Ordinances of the City once the Specific Plan Amendment is approved. This is because hotels of this scale are permitted in the Hotel Overlay of the Old Town Specific Plan. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare; The project has been reviewed to ensure compliance with the Development, Building, and Fire Codes. The project has also been reviewed to ensure compliance with the Old Town Temecula Specific Plan. These codes and the Specific Plan contain provisions that are designed to ensure for the protection of the public health, safety, and general welfare. Section 3. Recommendation. The Planning Commission of the City of Temecula recommends that the City Council adopt a resolution entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DEVELOPMENT PLAN APPLICATION TO ALLOW FOR A DEVELOPMENT PLAN APPLICATION FOR A SIX - STORY, APPROXIMATELY 175,677 SQUARE FOOT HOTEL GENERALLY LOCATED ALONG THE SOUTH SIDE OF 3RD STREET BETWEEN OLD TOWN FRONT STREET AND MERCEDES STREET. THE HOTEL WILL CONTAIN 151 GUEST ROOMS. A PARKING STRUCTURE WILL ALSO BE CONSTRUCTED DIRECTLY ACROSS 3RD STREET. THE PARKING STRUCTURE WILL TOTAL APPROXIMATELY 86,117 SQUARE FEET AND CONTAIN APPROXIMATELY 2,846 SQUARE FEET OF GROUND FLOOR COMMERCIAL AND 213 PARKING SPACES THAT WILL PROVIDE VALET PARKING FOR HOTEL GUESTS. (APN's: 922-043-002, 922-043-004,922-043-018, 922-043-024, 922-043-003,922043-015, 922-043-023,922-043-025, 922-044-017, 922-044-020)" subject to conditions of approval in the form attached to this Resolution as Exhibit "A', attached hereto, and incorporated herein by this reference. Section 4. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 16t" day of August, 2017. John Telesio, Chairperson ATTEST: Luke Watson Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 17- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 16t" day of August, 2017, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS ABSENT: PLANNING COMMISSIONERS ABSTAIN: PLANNING COMMISSIONERS Luke Watson Secretary EXHIBIT A CITY COUNCIL RESOLUTION RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DEVELOPMENT PLAN APPLICATION FOR THE TRUAX HOTEL PROJECT TO ALLOW FOR THE CONSTRUCTION OF A SIX -STORY, APPROXIMATELY 175,677 SQUARE FOOT HOTEL GENERALLY LOCATED ALONG THE SOUTH SIDE OF 3RD STREET BETWEEN OLD TOWN FRONT STREET AND MERCEDES STREET, AND A PARKING STRUCTURE TOTALING APPROXIMATELY 86,117 SQUARE FEET AND CONTAINING APPROXIMATELY 2,846 SQUARE FEET OF GROUND FLOOR SPACE (APN: 922-043-002, 922-043-004, 922-043-018, 922-043-024, 922- 043-003, 922043-015, 922-043-023, 922-043-025, 922-044- 017, AND 922-044-020) (PA16-0270) 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. On February 22, 2016, Chris Campbell of Walter R. Allen Architect + Associates filed Planning Application No. PA16-0270, a Development Plan. On January 23, 2017, Gary Thornhill, on behalf of the Truax Group submitted Planning Application No. PA17-0109, a Specific Plan Amendment. On June 30, 2017, Ross Jackson on behalf of the Truax Group, submitted Planning Application No. PA17-1020, a Minor Exception. These applications (collectively "Project") were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. Collectively, the Project consists of a relocation of a portion of the existing Hotel Overlay contained within the Old Town Specific Plan to allow for the development of a full service hotel. The Project also includes a Minor Exception to increase the allowable building height for a parking garage that will be constructed across the street from the hotel. C. Pursuant to the California Environmental Quality Act (CEQA) (Pub. Res. Code § 21000, et seq.) and the State CEQA Guidelines (14 Cal. Code Regs. § 14000, et seq.), the City is the lead agency for the Project. D. The Old Town Specific Plan was amended in 2010. An Environmental Impact Report was prepared and certified at a public hearing as part of the amendment process. E. A Subsequent Environmental Impact Report (SEIR), Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations were prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA"). Thereafter, City staff circulated a Notice of Completion indicating the public comment period and intent to adopt the SEIR as required by law. The public comment period commenced via the State Clearinghouse from May 2, 2017 through June 15, 2017. A Notice of Availability was also sent to adjacent property owners indicating a review period of May 2, 2017 through June 15, 2017. The Notice of Availability was also printed in the San Diego Union Tribune, a newspaper of general circulation within the City of Temecula. Copies of the documents have been available for public review and inspection at the offices of the Community Development Department, located at City Hall, 41000 Main Street, Temecula, California 92590; the Ronald H. Roberts Temecula Public Library located at 30600 Pauba Road; Temecula Grace Mellman Community Library located 41000 County Center Drive; and the City of Temecula website. F. On August 16, 2017, the Planning Commission considered the Final Subsequent Environmental Impact Report (SEIR) Planning Application Nos. PA17- 0109, Specific Plan Amendment; PA16-0270, Minor Exception; Development Plan; PA17-1020at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support of or opposition to this matter. G. Following consideration of the entire record before it at the public hearing and due consideration of the Project the Planning Commission adopted Resolution No. "A RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL CERTIFY THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT, ADOPT ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPT A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPT A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE TRUAX HOTEL PROJECT, CONSISTING OF APPROXIMATELY 2.46 ACRES GENERALLY LOCATED ON THE NORTH AND SOUTH SIDE OF 3RD STREET BETWEEN OLD TOWN FRONT STREET AND MERCEDES STREET (APNS: 922-043-002, 922-043-004, 922-043-018, 922-043-024, 922-043-003, 922-043-015, 922-043-023, 922-043-025, 922-044-017, AND 922-044- 020"". H. At the conclusion of the Planning Commission hearing and after due consideration of the entire record before the Planning Commission hearing, and after due consideration of the testimony regarding the proposed Project, the Planning Commission adopted Resolution No. , "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DEVELOPMENT PLAN APPLICATION FOR THE TRUAX HOTEL PROJECTTO ALLOW FOR THE CONSTRUCTION OF A SIX -STORY, APPROXIMATELY 175,677 SQUARE FOOT HOTEL GENERALLY LOCATED ALONG THE SOUTH SIDE OF 3RD STREET BETWEEN OLD TOWN FRONT STREET AND MERCEDES STREET, AND CONTAINING APPROXIMATELY 2,846 SQUARE FEET OF GROUND FLOOR COMMERCIAL SPACE. (APN: 922-043-002, 922-043-004, 922-043-018, 922-043-024, 922-043-003, 922043-015, 922-043-023, 922-043-025, 922-044-017, AND 922-044- 020)" On the City Council of the City of Temecula considered the Project and the Final SEIR, Mitigation Monitoring and Reporting Program, and 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 Project and the Final SEIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations prior to and at the public hearing. J. Following the public hearing, the Council adopted Resolution No. 17- "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT, ADOPTING FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE TRUAX HOTEL PROJECT, CONSISTING OF APPROXIMATELY 2.46 ACRES GENERALLY LOCATED ON THE NORTH AND SOUTH SIDE OF 3RD STREET BETWEEN OLD TOWN FRONT STREET AND MERCEDES STREET (APNS: 922-043, 922-043-004, 922-043-018, 922-043-024, 922-043-003, 922-043-015, 922-043-023, 922-043-025, 922-044-017, AND 922-044-020)." Resolution No. 17- and the findings therein are hereby incorporated by this reference as set forth in full. K. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Legislative Findings. The City Council in approving the Project, pursuant to Temecula Municipal Code Section, 17.05.010, hereby finds, determines and declares that: A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City; The application will allow for the construction of a full-service hotel. The project will be in conformance with the Goal 6 Policy 6.4 of the General Plan for Temecula. This goal and policy encourage lodging facilities along the freeway. The Project is also in compliance with all applicable requirements of State law and other Ordinances of the City once the Specific Plan Amendment is approved. This is because hotels of this scale are permitted in the Hotel Overlay of the Old Town Specific Plan. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare; The project has been reviewed to ensure compliance with the Development, Building, and Fire Codes. The project has also been reviewed to ensure compliance with the Old Town Temecula Specific Plan. These codes and the Specific Plan contain provisions that are designed to ensure for the protection of the public health, safety, and general welfare. Section 3. Conditions of Approval. The City Council of the City of Temecula approves Planning Application No. PA16-0270, a Development Plan application for a six -story, approximately 175,677 square foot hotel generally located along the south side of 3rd Street between Old Town Front Street and Mercedes Street, and a parking structure to be constructed directly across 3rd Street, subject to the Conditions of Approval set forth in Exhibit A, attached hereto, and incorporated herein by this reference. Section 4. Certification. The City Clerk shall certify to the adoption of this Resolution and shall casue it to be published in the manner required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of Maryann Edwards, 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. - was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk EXHIBIT A Planning Application No.: Project Description: Assessor's Parcel No.: MSHCP Category: DIF Category: TUMF Category: Quimby Category: New Street In -lieu of Fee: Approval Date: Expiration Date: PLANNING DIVISION EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL PA16-0270 Boutique Hotel Development Plan: A Development Plan application for a six -story, approximately 175,677 square foot hotel generally located along the south side of 3rd Street between Old Town Front Street and Mercedes Street. The hotel will contain 151 guest rooms. A parking structure will also be constructed directly across 3rd Street. The parking structure will total approximately 86,117 square feet and contain approximately 2,846 square feet of ground floor commercial space 213 parking spaces that will provide valet parking for hotel guests. 922-044-017 922-043-018 922-044-015 922-043-003 922-043-002 922-043-004 922-043-015 Commercial Service Commercial for Hotel and Restaurant / Retail Commercial for Retail Service Commercial for Hotel and Restaurant / Retail Commercial for Retail Non -Residential Project Not Located within the Uptown Temecula Specific Plan Within 48 Hours of the Approval 1. Filing Notice of Determination. The applicant/developer shall deliver to the Planning Division a cashiers check or money order made payable to the County Clerk in the amount of Three Thousand One Hundred and Twenty-eight Dollars and Zero Cents ($3,128.00) which includes the Three Thousand and Seventy-eight Dollars and Zero Cents ($3,078.00) fee, required by Fish and Wildlife Code Section 711.4(d)(3) plus the Fifty Dollars ($50.00) County administrative fee, to enable the City to file the Notice of Determination for the Environmental Impact Report required under Public Resources Code Section 21152 and California Code of Regulations Section 15904. If within said 48-hour period the applicant/developer has not delivered to the Planning Division the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Wildlife Code Section 711.4(c)). General Requirements 2. Indemnification of the City. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City and its attorneys from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. 3. Expiration. This approval shall be used within three years of the approval date; otherwise, it shall become null and void. Use means the beginning of substantial construction contemplated by this approval within the 3 year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval, or use of a property in conformance with a Conditional Use Permit. 4. Time Extension. The Director of Community Development may, upon an application being filed prior to expiration, and for good cause, grant up to 5 extensions of time, one year at a time. 5. Consistency with Specific Plans. This project and all subsequent projects within this site shall be consistent with Specific Plan No. 5 (Old Town). 6. Compliance with EIR. The project and all subsequent projects within this site shall comply with all mitigation measures identified within EIR No. 2017011029. 7. Conformance with Approved Plans. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Division. 8. Signage Permits. A separate building permit shall be required for all signage. 9. Landscape Maintenance. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Director of Community Development. If it is determined that the landscaping is not being maintained, the Director of Community Development shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. 10. Water Quality and Drainage. Other than stormwater, it is illegal to allow liquids, gels, powders, sediment, fertilizers, landscape debris, and waste from entering the storm drain system or from leaving the property. To ensure compliance with this Condition of Approval: a. Spills and leaks shall be cleaned up immediately. b. Do not wash, maintain, or repair vehicles onsite. c. Do not hose down parking areas, sidewalks, alleys, or gutters. d. Ensure that all materials and products stored outside are protected from rain. e. Ensure all trash bins are covered at all times. 11. Paint Inspection. The applicant shall paint a three -foot -by -three-foot section of the building for Planning Division inspection, prior to commencing painting of the building. 12. Photographic Prints. The applicant shall submit to the Planning Division for permanent filing two 8" X 10" glossy photographic color prints of the approved color and materials board and the colored architectural elevations. All labels on the color and materials board and elevations shall be readable on the photographic prints. 13. Materials and Colors. The Conditions of Approval specified in this resolution, to the extent specific items, materials, equipment, techniques, finishes or similar matters are specified, shall be deemed satisfied by City staffs prior approval of the use or utilization of an item, material, equipment, finish or technique that City staff determines to be the substantial equivalent of that required by the Conditions of Approval. Staff may elect to reject the request to substitute, in which case the real party in interest may appeal, after payment of the regular cost of an appeal, the decision to the Planning Commission for its decision. Roof Tiles - Terra Cotta Blend Roman Pan Standing Seam Metal Roof - Berridge or eq. Zinc Gray, Antique Copper Cote Stucco Finish - Cast in Place Concrete Pattern Texture, Troweled Lace, Smooth Textures, Colors: Clay, Silverado, Dove Grey, Canvas Brick - Sandmold Monticello, Fluted Brick, MCnear Color Blend Chartham Simulated Tile Domes - Bronze Patina Stone Veneer-Arriscraft, Renaissance, Oak Ridge, Smooth/Rackface, Renaissance, Graphite Pre -Cast Concrete, Modern Gray, Column Wrought Iron Railing - Hot Dipped Galvanized Steel, Black with Decorative Elements Windows - Colors: Hemlock Green, Linen, TW Brown, Seawolf Doors - Colors: Walnut, Hemlock Green, Linen, TW Brown, Seawof Decorative Tile - Cal Pottery & Tile Works Cementitious Wood Siding - Color White Cast Iron Column - Color Charcoal Baluster - Color Natural 14. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 15. Trash Enclosures. The trash enclosures shall be large enough to accommodate a recycling bin, as well as regular solid waste containers. 16. Trash Enclosures. Trash enclosures shall be provided to house all trash receptacles utilized on the site. These shall be clearly labeled on the site plan. 17. Covered Trash Enclosures. All trash enclosures on site shall include a solid cover and the construction plans shall include all details of the trash enclosures, including the solid cover. 18. Phased Construction. If construction is phased, a construction staging area plan or phasing plan for construction equipment and trash shall be approved by the Director of Community Development. 19. Construction and Demolition Debris. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris and shall provide the Planning Division verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul demolition and construction debris. 20. Public Art Ordinance. The applicant shall comply with the requirements of the City's Public Art Ordinance as defined in Section 5.08 of the Temecula Municipal Code. 21. Property Maintenance. All parkways, including within the right-of-way, entryway median, landscaping, walls, fencing, recreational facilities, and on-site lighting shall be maintained by the property owner or maintenance association. Prior to Issuance of Grading Permit 22. Placement of Transformer. Provide the Planning Division with a copy of the underground water plans and electrical plans for verification of proper placement of transformer(s) and double detector check valves prior to final agreement with the utility companies. 23. Placement of Double Detector Check Valves. Double detector check valves shall be installed at locations that minimize their visibility from the public right-of-way, subject to review and approval by the Director of Community Development. 24. Archaeological/Cultural Resources Grading Note. The following shall be included in the Notes Section of the Grading Plan: "If at any time during excavation/construction of the site, archaeological/cultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Director of Community Development at his/her sole discretion may require the property owner to deposit a sum of money it deems reasonably necessary to allow the City to consult and/or authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the discovery is not an archaeological/ cultural resource, the Planning Director shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeological/cultural resource, the Planning Director shall notify the property owner that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Planning Director." 25. Cultural Resources Treatment Agreement. The developer is required to enter into a Cultural Resources Treatment Agreement with the Pechanga Tribe. The agreement shall be in place prior to issuance of a grading permit. To accomplish this, the applicant should contact the Pechanga Tribe no Tess than 30 days and no more than 60 days prior to issuance of a grading permit. This Agreement will address the treatment and disposition of cultural resources, the designation, responsibilities, and participation of professional of professional Pechanga Tribal monitors during grading, excavation and ground disturbing activities; project grading and development scheduling; terms of compensation for the monitors; and treatment and final disposition of any cultural resources, sacred sites, and human remains discovered on site. The Pechanga monitor's authority to stop and redirect grading will be exercised in consultation with the project archaeologist in order to evaluate the significance of any potential resources discovered on the property. Pechanga and archaeological monitors shall be allowed to monitor all grading, excavation and ground breaking activities, and shall also have the limited authority to stop and redirect grading activities should an inadvertent cultural resource be identified. 26. Discovery of Cultural Resources. The following shall be included in the Notes Section of the Grading Plan: "If cultural resources are discovered during the project construction (inadvertent discoveries), all work in the area of the find shall cease, and the qualified archaeologist and the Pechanga monitor shall investigate the find, and make recommendations as to treatment." 27. Archaeological Monitoring Notes. The following shall be included in the Notes Section of the Grading Plan: "A qualified archaeological monitor will be present and will have the authority to stop and redirect grading activities, in consultation with the Pechanga Tribe and their designated monitors, to evaluate the significance of any archaeological resources discovered on the property." 28. Tribal Monitoring Notes. The following shall be included in the Notes Section of the Grading Plan: "A Pechanga Tribal monitor will be present and will have the authority to stop and redirect grading activities, in consultation with the project archaeologist and their designated monitors, to evaluate the significance of any potential resources discovered on the property." 29. Relinquishment of Cultural Resources. The following shall be included in the Notes Section of the Grading Plan: "The landowner agrees to relinquish ownership of all cultural resources, including all archaeological artifacts that are found on the project area, to the Pechanga Tribe for proper treatment and disposition." 30. Preservation of Sacred Sites. The following shall be included in the Notes Section of the Grading Plan: "All sacred sites are to be avoided and preserved." 31. Rough Grading Plans. A copy of the Rough Grading Plans shall be submitted and approved by the Planning Division. 32. Archaeologist Retained. Prior to beginning project construction, the Project Applicant shall retain a Riverside County qualified/City of Temecula approved archaeological monitor to monitor all ground -disturbing activities in an effort to identify any unknown archaeological resources. Any newly discovered cultural resource deposits shall be subject to a cultural resources evaluation (See PL -4). The archaeological monitor's authority to stop and redirect grading will be exercised in consultation with the Pechanga Tribe in order to evaluate the significance of any potential resources discovered on the property. Pechanga and archaeological monitors shall be allowed to monitor all grading, excavation and groundbreaking activities, and shall also have the limited authority to stop and redirect grading activities should an inadvertent cultural resource be identified. The archaeologist shall provide a final monitoring report at the end of all earthmoving activities to the City of Temecula, the Pechanga Tribe and the Eastern Information Center at UC, Riverside. 33 Human Remains. If human remains are encountered, California Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to California Public Resources Code Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission must be contacted within 24 hours. The Native American Heritage Commission must then immediately identify the "most likely descendant(s)" of receiving notification of the discovery. The most likely descendant(s) shall then make recommendations within 48 hours, and engage in consultations concerning the treatment of the remains as provided in Public Resources Code 5097.98 and the Treatment Agreement described in these conditions. Prior to Issuance of Building Permit 34. Transportation Uniform Mitigation Fee (TUMF). The City of Temecula adopted an ordinance on March 31, 2003 to collect fees for a Riverside County area wide Transportation Uniform Mitigation Fee (TUMF). This project is subject to payment of these fees at the time of building permit issuance. The fees are subject to the provisions of Chapter 15.08 of the Temecula Municipal Code and the fee schedule in effect at the time of building permit issuance. 35. Downspouts. All downspouts shall be internalized. 36. Development Impact Fee (DIF). The developer shall comply with the provisions of Title 15, Chapter 15.06 of the Temecula Municipal Code and all its resolutions by paying the appropriate City fee. 37. Photometric Plan. The applicant shall submit a photometric plan, including the parking lot, to the Planning Division, which meets the requirements of the Development Code and the Riverside County Palomar Lighting Ordinance 655. All exterior LED light fixtures shall be 3,000 kelvin or below. The parking lot light standards shall be placed in such a way as to not adversely affect the growth potential of the parking lot trees. 38. Construction Landscaping and Irrigation Plans. Four (4) copies of Construction Landscaping and Irrigation Plans shall be reviewed and approved by the Planning Division. These plans shall be submitted as a separate submittal, not as part of the building plans or other plan set. These plans shall conform to the approved conceptual landscape plan, or as amended by these conditions. The location, number, height and spread, water usage or KC value, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance and Water Storage Contingency Plan per the Rancho California Water District. The plans shall be accompanied by the appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal) and one copy of the approved Grading Plan. 39. Landscaping Site Inspections. The Landscaping and Irrigation Plans shall include a note stating, "Three landscape site inspections are required. The first inspection will be conducted at installation of irrigation while trenches are open. This will verify that irrigation equipment and layout is per plan specifications and details. Any adjustments or discrepancies in actual conditions will be addressed at this time and will require an approval to continue. Where applicable, a mainline pressure check will also be conducted. This will verify that the irrigation mainline is capable of being pressurized to 150 psi for a minimum period of two hours without loss of pressure. The second inspection will verify that all irrigation systems are operating properly, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The third inspection will verify property landscape maintenance for release of the one-year landscape maintenance bond." The applicant/owner shall contact the Planning Division to schedule inspections. 40. Agronomic Soils Report. The Landscaping and Irrigation Plans shall include a note on the plans stating, "The contractor shall provide two copies of an agronomic soils report at the first irrigation inspection." 41. Water Usage Calculations. The Landscaping and Irrigation Plans shall include water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance), the total cost estimate of plantings and irrigation (in accordance with approved plan). Applicant shall use evapotranspiration (ETo) factor of 0.70 for calculating the maximum allowable water budget. 42. Landscape Maintenance Program. A landscape maintenance program shall be submitted to the Planning Division for approval. The landscape maintenance program shall detail the proper maintenance of all proposed plant materials to assure proper growth and landscape development for the long-term esthetics of the property. The approved maintenance program shall be provided to the landscape maintenance contractor who shall be responsible to carry out the detailed program. 43. Specifications of Landscape Maintenance Program. Specifications of the landscape maintenance program shall indicate, "Three landscape site inspections are required. The first inspection will be conducted at installation of irrigation while trenches are open. This will verify that irrigation equipment and layout is per plan specifications and details. Any adjustments or discrepancies in actual conditions will be addressed at this time and will require an approval to continue. Where applicable, a mainline pressure check will also be conducted. This will verify that the irrigation mainline is capable of being pressurized to 150 psi for a minimum period of two hours without loss of pressure. The second inspection will verify that all irrigation systems are operating properly, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The third inspection will verify property landscape maintenance for release of the one-year landscape maintenance bond." The applicant/owner shall contact the Planning Division to schedule inspections. 44. Irrigation. The landscaping plans shall include automatic irrigation for all landscaped areas and complete screening of all ground mounted equipment from view of the public from streets and adjacent property for private common areas; front yards and slopes within individual lots; shrub planting to completely screen perimeter walls adjacent to a public right-of-way equal to 66 feet or larger; and, all landscaping excluding City maintained areas and front yard landscaping which shall include, but may not be limited to, private slopes and common areas. 45. Hardscapinq. The landscape plans shall include all hardscaping for equestrian trails and pedestrian trails within private common areas. 46. Precise Grading Plans. Precise Grading Plans shall be consistent with the approved rough grading plans including all structural setback measurements. 47, Building Construction Plans for Outdoor Areas. Building Construction Plans shall include detailed outdoor areas (including but not limited to trellises, decorative furniture, fountains, hardscape, etc.) to match the style of the building subject to the approval of the Director of Community Development. 48. Landscaping Requirement for Phased Development. If any phase or area of the project site is not scheduled for development within six months of the completion of grading, the landscaping plans shall indicate it will be temporarily landscaped and irrigated for dust and soil erosion control. 49. WQMP Landscape Compliance. The construction landscape plans shall be consistent with Appendix A, Table 31 of the Low Impact Development (LID) Manual for Southern California for plant materials and treatment facilities, and shall reference the approved precise grading plan for WQMP features. 50. Utility Screening. All utilities shall be screened from public view. Landscape construction drawings shall show and label all utilities and provide appropriate screening. Provide a three-foot clear zone around fire check detectors as required by the Fire Department before starting the screen. Group utilities together in order to reduce intrusion. Screening of utilities is not to look like an after -thought. Plan planting beds and design around utilities. Locate all light poles on plans and ensure that there are no conflicts with trees. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit 51. Screening of Loading Areas. The applicant shall be required to screen all loading areas and roof mounted mechanical equipment from view of the adjacent residences and public right-of-ways. If upon final inspection it is determined that any mechanical equipment, roof equipment or backs of building parapet walls are visible from any portion of the public right-of-way adjacent to the project site, the developer shall provide screening by constructing a sloping tile covered mansard roof element or other screening reviewed and approved by the Director of Community Development. 52, Landscape Installation Consistent with Construction Plans. All required landscape planting and irrigation shall have been installed consistent with the approved construction plans and shall be in a condition acceptable to the Director of Community Development. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 53. Performance Securities. Performance securities, in amounts to be determined by the Director of Community Development, to guarantee the maintenance of the plantings in accordance with the approved construction landscape and irrigation plan, shall be filed with the Planning Division for a period of one year from final Certificate of Occupancy. After that year, if the landscaping and irrigation system have been maintained in a condition satisfactory to the Director of Community Development, the bond shall be released upon request by the applicant. 54. Installation of Site Improvements. All site improvements, including but not limited to, parking areas and striping shall be installed. 55. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Outside Agencies 56. Flood Protection. Flood protection shall be provided in accordance with the Riverside County Flood Control Districts transmittal dated March 1, 2016, a copy of which is attached. The fee is made payable to the Riverside County Flood Control Water District by either a cashier's check or money order, prior to the issuance of a grading permit (unless deferred to a later date by the District), based upon the prevailing area drainage plan fee. 57. Compliance with Dept. of Environmental Health. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Healths transmittals dated May 10, 2017 and June 15, 2017, copies of which are attached. 58. Compliance with EMWD. The applicant shall comply with the recommendations set forth in the Eastern Municipal Water District's transmittal dated April 22, 2016, a copy of which is attached. 59. Compliance with RCWD. The applicant shall comply with the recommendations set forth in the Rancho California Water District's transmittal dated April 25, 2017, a copy of which is attached. PUBLIC WORKS DEPARTMENT General Requirements 60. Conditions of Approval. The developer shall comply with all Conditions of Approval, the Engineering and Construction Manual and all City codes/standards at no cost to any governmental agency. 61. Entitlement Approval. The developer shall comply with the approved site plan, the conceptual Water Quality Management Plan (WQMP) and other relevant documents approved during entitlement. Any significant omission to the representation of site conditions may require the plans to be resubmitted for further review and revision. 62. Precise Grading Permit. A precise grading permit for on site improvements (outside of public right-of-way) shall be obtained from Public Works. 63. Haul Route Permit. A haul route permit may be required when soils are moved on public roadways to or from a grading site. The developer/contractor is to verify if the permit is required. If so, he shall comply with all conditions and requirements per the City's Engineering and Construction Manual and as directed by Public Works. 64. Encroachment Permits. Prior to commencement of any applicable construction, encroachment permit(s) are required and shall be obtained from Public Works for public offsite improvements. 65. Street Improvement Plans. The developer shall submit public/private street improvement plans for review and approval by Public Works. The plans shall be in compliance with Caltrans and City codes/standards; and shall include, but not limited to, plans and profiles showing existing topography, existing/proposed utilities, proposed centerline, top of curb and flowline grades. 66. Signing & Striping Plan. A signing & striping plan, designed by a registered civil engineer per the latest edition of Caltrans MUTCD standards, shall be included with the street improvement plans for approval. 67. Storm Drain Improvement Plans. The developer shall submit storm drain improvement plans if the street storm flows exceeds top of curb for the 10 -year storm event and/or is not contained within the street right-of-way for the 100 -year storm event. A manhole shall be constructed at right-of-way where a private and public storm drain systems connect. The plans shall be approved by Public Works. 68. Landscaped Parkways. The developer: a. shall contact the Park/Landscape Maintenance Supervisor for a pre -design meeting to discuss design parameters. The design shall be in conformance with the Temecula Landscape Standards b. shall set a pre -construction meeting with the appropriate parties including Public Works and Building & Safety, prior to start of work. The developer shall comply with the Public Works' review and inspection process c. his successor or assignee, shall be responsible for the maintenance of the landscaped median until such time Public Works accepts that responsibility 69. Private Drainage F=acilities. All onsite drainage and water quality facilities shall be privately maintained. Prior to Issuance of a Grading Permit 70. Environmental Constraint Sheet (ECSC. The developer shall comply with all constraints per the recorded ECS with any underlying maps related to the subject property. 71. Grading/Erosion & Sediment Control Plan. The developer shall submit a grading/erosion & sediment control plan(s) to be reviewed and approved by Public Works. All plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site. The approved plan shall include all construction -phase pollution -prevention controls to adequately address non -permitted runoff. Refer to the City's Engineering & Construction Manual at: www.TemeculaCA.gov/ECM 72. Erosion & Sediment Control Securities. The developer shall comply with the provisions of Chapter 24, Section 18.24.140 of the Temecula Municipal Code by posting security and entering into an agreement to guarantee the erosion & sediment control improvements. 73. NPDES General Permit Compliance. The developer shall obtain project coverage under the State National Pollutant Discharge Elimination System (NPDES) General Permit for Construction Activities and shall provide the following: a. A copy of the Waste Discharge Identification Number (WDID) issued by the State Water Resources Control Board (SWRCB); b. The project's Risk Level (RL) determination number; and c. The name, contact information and certification number of the Qualified SWPPP Developer (QSD) Pursuant to the State Water Resources Control Board (SWRCB) requirements and City's storm water ordinance, a Storm Water Pollution Prevention Plan (SWPPP) shall be generated and submitted to the Board. Throughout the project duration, the SWPPP shall be routinely updated and readily available (onsite) to the State and City. Review www.cabmphandbooks.com for SWPPP guidelines. Refer to the following link: http://www.waterboards.ca.gov/water issues/programs/stormwater/construction.shtml 74, Water Quality Management Plan (WQMP) and O&M Agreement. The developer shall submit a final WQMP (prepared by a registered professional engineer) with the initial grading plan submittal, based on the conceptual WQMP from the entitlement process. It must receive acceptance by Public Works. A copy of the final project -specific WQMP must be kept onsite at all times. In addition, a completed WQMP Operation and Maintenance (O&M) Agreement shall be submitted for review and approval. Upon approval from City staff, the applicant shall record the O&M agreement at the County Recorder's Office in Temecula. Refer to the WQMP template and agreement link below: www.TemeculaCA.gov/WQMP 75. Area Drainage Plan (ADP) Fee to RCFC&WCD. The developer shall demonstrate to the City that the flood mitigation charge (ADP fee) has been paid to RCFC&WCD. If the full ADP fee has already been credited to this property, no new charge will be required. 76. Drainage. All applicable drainage shall be depicted on the grading plan and properly accommodated with onsite drainage improvements and water quality facilities, which shall be privately maintained. Alterations to existing drainage patterns or concentration and/or diverting flows is not allowed unless the developer constructs adequate drainage improvements and obtains the necessary permissions from the downstream property owners. All drainage leaving the site shall be conveyed into a public storm drain system, if possible. The creation of new cross lot drainage is not permitted. 77. Drainage Study. A drainage study shall be prepared by a registered civil engineer and submitted to Public Works with the initial grading plan check in accordance with City, Riverside County and engineering standards. The study shall identify storm water runoff quantities (to mitigate the 100 -year storm event) from the development of this site and upstream of the site. It shall identify all existing or proposed offsite or onsite, public or private, drainage facilities intended to discharge this runoff. Runoff shall be conveyed to an adequate outfall capable of receiving the storm water runoff without damage to public or private property. The study shall include a capacity analysis verifying the adequacy of all facilities. Any upgrading or upsizing of drainage facilities necessary to convey the storm water runoff shall be provided as part of development of this project. 78. Soils Resort. A soils report, prepared by a registered soil or civil engineer, shall be submitted to Public Works with the initial grading plan submittal. The report shall address the site's soil conditions and provide recommendations for the construction of engineered structures and preliminary pavement sections. 79. Geoloctical Report. The developer shall complete any outstanding County geologist's requirements, recommendations and/or proposed Conditions of Approval as identified during entitlement. 80. Letter of Permission/Easement. The developer shall obtain documents (letters of permission or easements) for any offsite work performed on adjoining properties. The document's format is as directed by, and shall be submitted to, Public Works for acceptance. The document information shall be noted on the approved grading plan. 81. Sight Distance. The developer shall limit landscaping in the corner cut-off area of all street intersections and adjacent to driveways to provide for minimum sight distance and visibility. 82. Habitat Conservation Fee. The developer shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in the ordinance or by providing documented evidence that the fees have already been paid. Prior to Issuance of Encroachment Permit(s) 83. Public Utility Agency Work. The developer shall submit all relevant documentation due to encroaching within City right-of-way; and is responsible for any associated costs and for making arrangements with each applicable public utility agency. 84. Traffic Control Plans. A construction area traffic control plan (TCP) will be required for lane closures and detours or other disruptions to traffic circulation; and shall be reviewed and approved by Public Works. The TCP shall be designed by a registered civil or traffic engineer in conformance with the latest edition of the Caltrans Manual on Uniform Traffic Control Devices (MUTCD) and City standards. 85. Improvement Plans. All improvement plans (including but not limited to street, storm drain, traffic) shall be reviewed and approved by Public Works. 86. Street Trenching. All street trenches shall conform to City Standard No. 407; refer to the City's Paving Notes. Prior to Issuance of Building Permit(s) 87. Final Mao. Prior to the issuance of the first building permit, Parcel Map No. 37081 shall be approved and recorded. 88. Construction of Street Improvements. All street improvement plans shall be approved by Public Works. The developer shall start construction of all public street improvements, as outlined below, in accordance to the City's Old Town Specific Plan and corresponding City standards. All street improvement designs shall provide adequate right-of-way and pavement transitions per Caltrans' standards to join existing street improvements. a. Improve Old Town Front Street along property frontage — (Old Town Specific Plan Standard) to include installation of sidewalk, streetlights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) b. Improve Mercedes Street along property frontage — (Old Town Specific Plan Standard) to include installation of half -width street improvements plus twelve feet, paving, rolled curb and gutter, sidewalk, streetlights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). c. Improve Third Street along property frontage — (Old Town Specific Plan Standard modified) to include installation of half -width street improvements plus twelve feet, paving, rolled curb and gutter, sidewalk, streetlights, drainage facilities, signing and striping, pavers, utilities (including but not limited to water and sewer). d. Complete Third Street improvements from Old Town Front Street to Mercedes Street to include full width (40 feet wide) paving. e. Improve alley along Parcel 2 — (City of Temecula Standard modified width to 20 feet) — to include installation of full alley improvements from the westerly property boundary to Mercedes Street, paving, concrete ribbon gutter, drainage facilities, utilities (including but not limited to water and sewer). 89. Undergrounding Wires. All existing and proposed electrical and telecommunication lines, except electrical lines rated 34KV or greater, shall be installed underground per Title 15, Chapter 15.04 of the Temecula Municipal Code and utility provider's standards. The developer is responsible for any associated costs, for making arrangements with each utility agency and for obtaining the necessary easements 90. Street Lights. The developer shall submit a completed SCE street light application, an approved SCE Streetlight Plan and pay the advanced energy fees. If not obtaining a building permit, this shall be done prior to installation of additional street lighting. All costs associated with the relocation of any existing street lights shall be paid by the developer. 91. Certifications. Certifications are required from the registered civil engineer -of -record certifying the building pad elevation(s) per the approved plans and from the soil's engineer -of -record certifying compaction of the building pad(s). Prior to Issuance of a Certificate of Occupancy 92. Completion of Improvements. The developer shall complete all work per the approved plans and Conditions of Approval to the satisfaction of the City Engineer. This includes all on site work (including water quality facilities), public improvements and the executed WQMP Operation and Maintenance agreement. 93. Utility Agency Clearances. The developer shall receive written clearance from applicable utility agencies (i.e., Rancho California and Eastern Municipal Water Districts, etc.) for the completion of their respective facilities and provide to Public Works. 94. Replacement of Damaged Improvements/Monuments. Any appurtenance damaged or broken during development shall be repaired or removed and replaced to the satisfaction of Public Works. Any survey monuments damaged or destroyed shall be reset per City Standards by a qualified professional pursuant to the California Business and Professional Code Section 8771. 95. Certifications. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by Public Works. BUILDING AND SAFETY DIVISION General Requirements 96. Final Building and Safety Conditions. Final Building and Safety conditions will be addressed when building construction plans are submitted to Building and Safety for review. These conditions will be based on occupancy, use, the California Building Code (CBC), and related codes which are enforced at the time of building plan submittal. 97. Compliance with Code. All design components shall comply with applicable provisions of the 2016 edition of the California Building, Plumbing and Mechanical Codes; 2016 California Electrical Code; California Administrative Code, 2016 California Energy Codes, 2016 California Green Building Standards, California Title 24 Disabled Access Regulations, and City of Temecula Municipal Code. 98. ADA Access. Applicant shall provide details of all applicable disabled access provisions and building setbacks on plans to include: a.. Disabled access from the public way to the main entrance of the building. b.. Van accessible parking located as close as possible to the main entry. c. Disabled access from parking to furthest point of improvement. d.. Disabled access from public right-of-way to all public areas on site, such as club house, trash enclose tot lots and picnic areas. 99. County of Riverside Mount Palomar Ordinance. Applicant shall submit, at time of plan review, a complete exterior site lighting plan showing compliance with County of Riverside Mount Palomar Ordinance Number 655 for the regulation of light pollution. All streetlights and other outdoor lighting shall be shown on electrical plans submitted to the Building and Safety Division. Any outside lighting shall be hooded and aimed not to shine directly upon adjoining property or public rights-of-way. All exterior LED light fixtures shall be 3,000 kelvin or below. 100. Street Addressing. Applicant must obtain street addressing for all proposed buildings by requesting street addressing and submitting a site plan for commercial or multi -family residential projects or a recorded final map for single-family residential projects. 101. Clearance from TVUSD. A receipt or clearance letter from the Temecula Valley Unified School District shall be submitted to the Building and Safety Department to ensure the payment or exemption from School Mitigation Fees. 102. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 103. Obtaining Separate Approvals and Permits. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. Solid covers are required over new and existing trash enclosures. 104. Demolition. Demolition permits require separate approvals and permits. 105. Sewer and Water Plan Approvals. On-site sewer and water plans will require separate approvals and permits. 106. Hours of Construction. Signage shall be prominently posted at the entrance to the project, indicating the hours of construction, as allowed by the City of Temecula Municipal Ordinance 9.20.060, for any site within one-quarter mile of an occupied residence. The permitted hours of construction are Monday through Saturday from 7:00 a.m. to 6:30 p.m. No work is permitted on Sundays and nationally recognized Government Holidays. 107. House Electrical Meter. Provide a house electrical meter to provide power for the operation of exterior lighting, irrigation pedestals and fire alarm systems for each building on the site. Developments with single user buildings shall clearly show on the plans how the operation of exterior lighting and fire alarm systems when a house meter is not specifically proposed. 108. Protection of drains and penetration. Protection of joints and penetrations in fire resistance -rated assemblies shall not be concealed from view until inspected for all designed fire protection. Required fire seals/fire barriers in fire assemblies at fire resistant penetrations shall be installed by individuals with classification or certification covering the installation of these systems. Provide certification for the installation of each area and certification of compliance for Building Official's approval. At Plan Review Submittal 109. Submitting Plans and Calculations. Applicant must submit to Building and Safety four (4) complete sets of plans and two (2) sets of supporting calculations for review and approval including: a. An electrical plan including load calculations and panel schedule, plumbing schematic, and mechanical plan applicable to scope of work. b. A Sound Transmission Control Study in accordance with the provisions of the Section 1207, of the 2016 edition of the California Building Code. c. A precise grading plan to verify accessibility for persons with disabilities. d. Truss calculations that have been stamped by the engineer of record of the building and the truss manufacturer engineer. Prior to Issuance of Grading Permit(s) 110. Onsite Water and Sewer Plans. Onsite water and sewer plans, submitted separately from the building plans, shall be submitted to Building and Safety for review and approval. 111. Demolition Permits. A demolition permit shall be obtained if there is an existing structure to be removed as part of the project. Prior to Issuance of Building Permit(s) 112. Plans Require Stamp of Registered 'Professional. Applicant shall provide appropriate stamp of a registered professional with original signature on the plans. Prior to Beginning of Construction 113. Pre -Construction Meeting. A pre -construction meeting is required with the building inspector prior to the start of the building construction. FIRE PREVENTION General Requirements 114. Fire Hydrants. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix C. Standard fire hydrants (6" x 4" x (2) 2 1/2" outlets) shall be located on fire access roads and adjacent public streets. For all Commercial projects hydrants shall be spaced at 350 feet apart. The required fire flow shall be available from any adjacent hydrant(s) in the system, public or private. This applies to both the Hotel and Parking Structure. The upgrade of existing fire hydrants may be required (CFC Appendix C and Temecula City Ordinance 15.16.020). 115. Fire Dept. Plan Review. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 116. Hre Flow. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial and residential buildings per CFC Appendix B. The developer shall provide for this project, a water system capable of delivering 4,000 GPM at 20 -PSI residual operating pressure for a 4 -hour duration for commercial projects. The fire flow as given above has taken into account all information as provided. This applies to all private and public fire hydrants. If public hydrants are being used to protect your property, they must meet the required fire flow set forth by the city of Temecula Municipal Code. (CFC Appendix B and Temecula City Ordinance 15.16.020). 117. Fire Requirement. The fire sprinkler riser room on the hotel will require direct exterior access on to Mercedes and will house the detector check valve assembly unit, the fire sprinkler riser(s) and fire alarm control panel. It will not share with any other equipment, including trash. The fire sprinkler riser room for the parking structure will face Third Street with direct exterior access and will house the detector check valve assembly unit, the fire sprinkler riser(s) and fire alarm control panel. It will not share with any other equipment, including trash. Prior to Issuance of Grading Permit(s) 118. Access Road Widths. Fire Department vehicle access roads shall have an unobstructed width of not less than 24 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches (CFC Chapter 5 and City Ordinance 15.16.020). 119. All Weather Access Roads. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be with a surface to provide all-weather driving capabilities. Access roads shall be 80,000 lbs. GVW with a minimum of AC thickness of .25 feet. In accordance with Section 3310.1, prior to building construction, all locations where structures are to be built shall have fire apparatus access roads. (CFC Chapter 5 and City Ordinance 15.16.020). Prior to Issuance of Building Permit(s) 120. Required Submittals (Fire Underground Water). The developer shall furnish three copies of the water system plans to the Fire Prevention Bureau for approval prior to installation for all private water systems pertaining to the fire service line. Plans shall be signed by a registered civil engineer, contain a Fire Prevention Bureau approval signature block, and conform to hydrant type, location, spacing and minimum fire flow standards. Hydraulic calculations will be required with the underground submittal to ensure fire flow requirements are being met for the public fire hydrants. The plans must be submitted and approved prior to building permit being issued. Any equipment being placed inside the fire sprinkler riser room needs to be indicated on this plan and coordinated with Rancho California Water District. The detector check valve assembly unit will be required to be placed inside the fire sprinkler riser room. Two sets of plans and permits will be required as the parking structure will have a permit for their underground and the hotel will have a permit for their underground. (CFC Chapter 33 and Chapter 5). 121. Required Submittals (Fire Sprinkler Systems). Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. These plans must be submitted prior to the issuance of building permit. This equipment will be placed in the fire sprinkler riser room that will house only fire suppression equipment. The fire sprinkler riser room will be located off of Mercedes Drive and the door will be accessible off of Mercedes Drive. Afire sprinkler riser room for the parking structure will be located off of Third Street. A permit will be required for the parking structure and a separate permit will be required for the hotel. 122. Required Submittals (Fire Alarm Systems). Fire alarm plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. The fire alarm system is required to have a dedicated circuit from the house panel. These plans must be submitted prior to the issuance of building permit. The fire alarm control panel will be located in the fire sprinkler riser room. A permit will be required for the parking structure and a separate permit will be required for the hotel. Prior to Issuance of Certificate of Occupancy 123. Hydrant Verification. Hydrant locations shall be identified by the installation of reflective markers (blue dots). This applies to both public and private hydrants. (City Ordinance 15.16.020). 124. Addressing. New buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Commercial buildings shall have a minimum of 12 -inch numbers with suite numbers being a minimum of six inches in size. All suites shall have a minimum of 6 -inch high letters and/or numbers on both the front and rear doors. (CFC Chapter 5 and City Ordinance 15.16.020). 125. Knox Box. A "Knox -Box" shall be provided. The Knox -Box shall be installed a minimum of six feet in height and be located to the right side of the fire riser sprinkler room. This will be located off of Mercedes Drive. (CFC Chapter 5). 126. Site Plan. Prior to final inspection of any building, the applicant shall prepare and submit to the Fire Department for approval, a site plan designating fire lanes with appropriate lane painting and/or signs (CFC Chapter 5) WARREN D. WILLIAMS General IN/Tanager-Chief Engineer City of Temecula Planning Department Post Office Box 9033 Temecula, CA 92589-9033 Attention: Eric Jones RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT March 1, 2016 Ladies and Gentlemen: Re: PA 16-0270 1995 MARKET STREET RIVERSIDE, ('A 92501 951.955.1200 FAX 95 1.788.9965 www.rcflood.org 202968 The District does not normally recommend conditions for land divisions or other land use cases in incorporated cities. The District also does not plan check city land use cases, or provide State Division of Real Estate letters or other flood hazard reports for such cases. District comments/recommendations for such cases are normally limited to items of specific interest to the District including District Master Drainage Plan facilities, other regional flood control and drainage facilities which could be considered a logical component or extension of a master plan system, and District Area Drainage Plan fees (development mitigation fees). In addition, information of a general nature is provided. The District has not reviewed the proposed project in detail and the following comments do not in any way constitute or imply District approval or endorsement of the proposed project with respect to flood hazard, public health and safety or any other such issue: 1. This project would not be impacted by District Master Drainage Plan facilities nor are other facilities of regional interest proposed. 2. This project is located within the limits of the District's Murrieta Creek/Temecula Valley Area Drainage Plan for which drainage fees have been adopted; applicable fees should be paid by cashier's check or money order only to the Flood Control District or City prior to issuance of grading permits. Fees to be paid should be at the rate in effect at the time of issuance of the actual permit. GENERAL INFORMATION This project may require a National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. Clearance for grading, recordation or other Final approval should not be given until the City has determined that the project has been granted a permit or is shown to be exempt. If this project involves a Federal Emergency Management Agency (FEMA) mapped floodplain, the City should require the applicant to provide all studies, calculations, plans and other information required to meet FEMA requirements, and should further require the applicant obtain a Conditional Letter of Map Revision (CLOMR) prior to grading, recordation or other final approval of the project, and a Letter of Map Revision (LOMR) prior to occupancy. If a natural watercourse or mapped floodplain is impacted by this project, the City should require the applicant to obtain a Section 1602 Agreement from the California Department of Fish and Wildlife and a Clean Water Act Section 404 Permit from the U.S. Army Corps of Engineers, or written correspondence from these agencies indicating the project is exempt from these requirements. A Clean Water Act Section 401 Water Quality Certification may be required from the local California Regional Water Quality Control Board prior to issuance of the Corps 404 permit. Very truly yours, 1OLCVO Engineering Project Manager c: Riverside County Planning Depatturent Attn: K.-isti Lovelady SKM:blm 04EN TA ler County of Riverside DEPARTMENT OF ENVIRONMENTAL HEALTH '• w P.O. BOX 7909 • RIVERSIDE, CA 92513-7909 ¢FR�`°' STEVE VAN STOCKUM, DIRECTOR May 10, 2017 City of Temecula Planning Department Attn: Eric Jones 41000 Main Street Temecula, CA 92590 SUBJECT: CITY OF TEMECULA — PA16-0270 — Boutique Hotel Development Plan APN: 922-043-002 PA16-1450 — Parcel Map to convert two existing parcels into one APN:922- 044-020 PA16-1451 — Parcel Map to merge eight parcels into one to allow the development of a hotel APN: 922-043-002 Dear Mr. Jones: The projects listed in the subject heading of this are projects that have been proposed for the development of a 5 story hotel generally located along the south side of 3'" street between Old Town Front Street and Mercedes Street in the city of Temecula. The Department of Environmental Health (DEH) offers the following comments: WATER AND WASTEWATER A general condition shall be placed on this project indicating that it will be serviced by Rancho California Water District (RCWD) for water and Eastern Municipal Water District (EMWD) for sanitary sewer service. As the sewer agency, EMWD shall have the responsibility of determining any grease interceptor or other requirements, including but not limited to sizing capacity and other structural specifications. Please note that it is the responsibility of the proposed facility to ensure that all requirements to receive potable water service and sanitary sewer service are met with the appropriate purveyors, as well as, all other applicable agencies. uttice Locations • Blythe • Corona • Hemet • Indio • Murrieta • Palm Springs • n,.. 'RR2)7?? 1234 www.rivcoeh.org • id 1 Note: A General Condition shall be placed on this project indicating that any existing wells and/or existing onsite wastewater treatment systems (OWTS) shall be properly removed and/or destroyed under permit with the Department of Environmental Health (DEH). ENVIRONMENTAL CLEANUP PROGRAM (ECP) The Environmental Cleanup Program (ECP) has reviewed the environmental site assessment documents submitted for this project and has the following comments and conditions. The "Phase I Environmental Site Assessment, 41934 and 41956 Third Street, APN's 922-043- 002, 003, 004, 015, and 018" prepared by LGC Geo -Environmental, Inc., dated March 3, 2017, states that paint cans and a full unlabeled 50 -gallon drum were observed onsite. The 50 -gallon drum is located adjacent to the paint cans behind building 3. The paint and 50 -gallon drum are to be disposed of in accordance with applicable regulations. Soil sampling may be necessary if soil staining or contamination is discovered. The report also states that due to the age of the structures on site that an asbestos and lead survey be conducted prior to demolition. It was also noted that a well is located on the property in a small well house in the southern portion of the property. The well shall be destroyed according to all applicable regulations. A well destruction permit shall be obtained from our office prior to conducting work. The "Phase I Environmental Site Assessment, APNs 922-043-023, -024 And -025" prepared by GeoTek, Inc., dated September 9, 2014, states that "...soils near or in contact with the numerous railroad ties associated with the Site structures should be sampled and testing in the laboratory for elevated concentrations of creosote, dioxins, total petroleum hydrocarbons (TPH) and volatile organic compounds (VOC)". The ECP concurs with the recommendation of soil sampling and analysis of Site soils near or in contact with the railroad ties. Based on the results additional assessment may be required. Soil sampling and analysis shall be conducted and reported to the ECP for review and acceptance prior to issuance of a grading permit. HAZARDOUS MATERIALS MANAGEMENT BRANCH (HMMB) Prior to conducting a Building Final, the facility shall require a business emergency plan for the storage of any hazardous materials, greater than 55 gallons, 200 cubic feet or 500 pounds, or any acutely hazardous materials or extremely hazardous substances. If further review of the site indicates additional environmental health issues, HMMB reserves the right to regulate the business in accordance with applicable County Ordinances. Please contact HMMB at (951) 358- 5055 to obtain information regarding any additional requirements. DISTRICT ENVIRONMENTAL SERVICES — PUBLIC/SEMI-PUBLIC FOOD D_ FACILITY AND POOL AND SPA Prior to issuance of a building permit, the applicant shall be required to contact DEH District Environmental Services to determine the appropriate food facility plan check and/or permitting requirements. For further information, please call (951) 461-0284. County of Riverside, Department of Environmental Health District Environmental Services - Murrieta Office 38740 Sky Canyon Drive, Suite "A" Murrieta CA 92563 Should you have any further questions or require further assistance, please contact me by email at kakim@lrivcocha.org or by phone at (951) 955-8980. Sincerely, Kristine Kim, REHS Environmental Protection and Oversight Division Land Use and Water Resources Program SR35512 040E ki z. tar OF RI County of Riverside DEPARTMENT OF ENVIRONMENTAL HEALTH June 15, 2017 Eric Jones City of Temecula Planning Department 41000 Main Street Temecula, CA 92590 P.O. BOX 7909 • RIVERSIDE, CA 92513-7909 STEVE VAN STOCKUM, DIRECTOR RE: CITY OF TEMECULA — Proposed Truax Hotel Development. Planning Applications PA16-0270 (APN 922-043-002); PA16-1450 (APN 922-044-020); and PA16-1451 (APN 922-043-002). Dear Mr. Jones, As a condition ofproject approval, the City of Temecula requires the Riverside County Department of Environmental Health Environmental Cleanup Program (RCDEH-ECP) to provide clearance for PA16-0270, PA16-1451 and PA16-1450. RCDEH-ECP has reviewed the Phase I Environmental Site Assessment, 41934 and 41956 Third Street, APN's 922-043-002, 003, 004, 015, and 018 (LGC Geo -Environmental, Inc., March 3, 2017); Phase I Environmental Site Assessment, APNs 922-043-023, -024 And -025 (GeoTek, Inc., September 9, 2014); Revised Addendum Report on Interpretation of Laboratory Data of Soil Specimen Testing; of APN's 922- 043-023, -024, and -025, in the City of Temecula, Riverside County, California (LGC Geo - Environmental, Inc., June 15, 2017) and other site data. These documents present the findings of the environmental assessment and sampling conducted at the Site. Based on the information provided in the documents, and with the provision that the information was accurate and representative of site conditions, RCDEH-ECP concludes that no further environmental assessment is required for this project. RCDEH-ECP recommends the City of Temecula provide clearance for Planning Applications PA 16-0270, PA 16-1451 and PA 16-1450. This clearance pertains only to the environmental site assessment conducted for this project. Additional clearances may be required from other programs within the Department. As with any real property, if a previously unidentified release or threatened release of a hazardous material or the presence of a naturally occurring hazardous material is discovered during development at the site, construction activities shall cease and RCDEH-ECP shall be notified immediately. If you have any questions, please contact me by telephone at (951) 955-8980 or by email at avrevesi i rivco.org. Sincerely, Yffunne Reyes, RENS Environmental Health Specialist IV Reviewed by, nnww Sharon Boltinghouse Associate Public Hea t Professional Geologist April 22, 2016 Hector Correa HLC Civil Engineering 39281 Via Cadiz Murrieta, CA 92563 emwd Subject: SAN53 — Will Serve TPM 37081 and APNs: 922-043-002 thru 004, 922-043-015, 922- 043-018 & 922-043-023 thru 025, 922-044-017 & 922-044-020 — Boutique Hotel Development Plan Dear Mr. Correa Eastern Municipal Water District (EMWD) is willing to provide sewer service to the subject project. The provisions of service are contingent upon the developer completing the necessary arrangements in accordance with EMWD rules and regulations. EMWD expects the developer to provide proper notification when a water demand assessment is required pursuant to Senate Bill 221 and/or 610. EMWD expects the developer to coordinate with the approving agency for the proper notification. Further arrangements for the service from EMWD may also include plan check, facility construction, inspection, jurisdictional annexation, and payment of financial participation charges. The developer is advised to contact EMWD's New Business Development Department early in the entitlement process to determine the necessary arrangements for service, and to receive direction on the preparation of a facility Plan -of -Service, which is required prior to final engineering. EMWD's ability to serve is subject to limiting conditions, such as regulatory requirements, legal issues, or conditions beyond EMWD's control. Expiration - one year from date of issue Thank you for your cooperation in serving our mutual customers. If you have any questions, please call me at (951) 928-3777, extension 4309. Sincerely, f/ at;;Act Edmn 1d Chew Civil Engineering Associate New Business Department Eastern Municipal Water District EC:cms 2270 Trumble Road • PO. Box 8300 • Perris, CA 925728300 T 951.928.3777 • F 951,928.6177 emwd.org EASTERN MUNICIPAL WATER DISTRICT Rancho water Board of Directors Stephen J. Corona President Ben R. Drake Senior Vice President Lisa D. Herman John E. Hoagland Danny J. Marlin 1Villium E. Plummer Bill J. Wilson Officers Jeffrey D. Armstrong General Manager Eva Plujzer, P.E. Assistant General Manager Engineenng and Operations Richard R. Aragon, CPFO Director of fmancerrreasurer Jason A. Martin Director of Administration Andrew L. Webster, P.E. Chief Engineer Kelli E. Garcia District Secretary James B. Gilpin Best Best & Krieger LLP General Counsel April 25, 2017 Eric Jones City of Temecula Post Office Box 9033 Temecula, CA 92589-9033 SUBJECT: WATER AVAILABILITY 41934 3RD STREET; PARCEL NOS. 1, 2, AND 3, BLOCK NOS. 17 THROUGH 26; APNS 922-043-002, 922-043-003, 922-043-004, 922-043-015, 922-043-017, 922-043-018, 922-043-020, 922-043-022, 922-043-023, 922-043-024, AND 922-043-025; PA 16-0270 [CHRISTOPHER CAMPBELL] Dear Mr. Jones: Please be advised that the above -referenced project/property is located within the service boundaries of Rancho California Water District (RCWD/District). The subject project/property fronts an existing 6 -inch diameter water pipeline (1305 Pressure Zone) within 3rd Street and an existing 24 -inch diameter water pipeline (1305 Pressure Zone) within Mercedes Street. Please refer to the enclosed exhibit map. Water service to the subject project/property exists under Account No. 3004796, Location No, 2003818. Additions or modifications to water/sewer service arrangements are subject to the Rules and Regulations (governing) Water System Facilities and Service, as well as the completion of financial arrangements between RCWD and the property owner. Water service to individual Tots will require the extension of water facilities within dedicated public and/or private right-of-ways. Individual water meters will be required for each lot and/or project unit, including separate water services/meters for domestic service, fire service, and landscape irrigation service, as applicable. Beginning in 2018, newly constructed multi -unit residential structures are required to measure the quantity of water supplied to each individual residential dwelling unit. Where private on-site water facilities (for water service, fire service, irrigation, or other purpose) will cross or will be shared amongst multiple lots/project units (only by special variance of the Rules and Regulations), and/or where such 'common' facilities will be owned and maintained by a Property Owners' Association, RCWD requires execution and recordation of a Reciprocal Easement and Maintenance Agreement or equivalent document of covenants, codes, and restrictions. Rancho California Water District Eric Jones/City of Temecula April 25, 2017 Page Two Water availability is contingent upon the property owner(s) signing an Agency Agreement that assigns water management rights, if any, to RCWD. In addition, water availability is subject to water supply shortage contingency measures in effect (pursuant to RCWD's Water Shortage Contingency Plan or other applicable ordinances and policy), and/or the adoption of a required Water Supply Assessment for the development, as determined by the Lead Agency. There is no recycled water currently available within the limits established by Resolution 2007- 10-5. Should recycled water become available in the future, the project/property may be required to retrofit its facilities to make use of this availability in accordance with Resolution 2007-10-5. Recycled water service, therefore, would be available upon construction of any required on-site and/or off-site recycled water facilities and the completion of financial arrangements between RCWD and the property owner. Requirements for the use of recycled water are available from RCWD. As soon as feasible, and prior to the preparation of California Environmental Quality Act (CEQA) documents, the project proponent should contact RCWD for a determination of existing water system capability, based upon project -specific demands and/or fire flow requirements, as well as a determination of proposed water facilities configuration. If new facilities are required for service, fire protection, or other purposes, the project proponent should contact RCWD for an assessment of project -specific fees and requirements Sewer service to the subject project/property, if available, would be provided by Eastern Municipal Water District. If no sewer service is currently available to the subject project/property, all proposed waste discharge systems must comply with the State Water Resources Control Board, health department, and/or other requirements as they relate to the protection of groundwater quality, pursuant to RCWD's Groundwater Protection Policy. If you should have any questions or need additional information, please contact an Engineering Services Representative at the District office at (95 1) 296-6900. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Erica Peter Engineering Technician Enclosure: Exhibit Map cc: Jeff Kirshberg, Water Resources Manager Gregory Gill, Associate Engineer Corry Smith. Engineering Services Supervisor Christopher Campbell, Walt Allen Architects 171EP:hab0141 45O\FEO Rancho California water District l iro,41 = Pc=r tllce ticv 901 7 = rcnrccula, Cnlriornio 92589-901; . i95 f 6 6U=.+rnelw++uterconn W Z �� � DRAFT PC RESOLUTION - MINOR EXCEPTION PC RESOLUTION NO. 17- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A MINOR EXCEPTION APPLICATION TO ALLOW FOR AN INCREASE IN CONNECTION WITH THE TRUAX PARKING GARAGE (APNS: 922-044-017, 922-044-020)" (PA17-1020) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On February 22, 2016, Chris Campbell of Walter R. Allen Architect + Associates filed Planning Application No. PA16-0270, a Development Plan. On January 23, 2017, Gary Thornhill, on behalf of the Truax Group submitted Planning Application No. PA17-0109, a Specific Plan Amendment. On June 30, 2017, Ross Jackson on behalf of the Truax Group, submitted Planning Application PA17-1020, a Minor Exception. These applications (collectively "Project") were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. Collectively, the Project consists of a relocation of a portion of the existing Hotel Overlay contained within the Old Town Specific Plan to allow for the development of a full service hotel. The Project also includes a Minor Exception to increase the allowable building height for a parking garage that will be constructed across the street from the hotel. 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. D. Pursuant to the California Environmental Quality Act (CEQA) (Pub. Res. Code § 21000, et seq.) and the State CEQA Guidelines (14 Cal. Code Regs. § 14000, et seq.), the City is the lead agency for the Project. E. The Old Town Specific Plan was amended in 2010. An Environmental Impact Report was prepared and certified at a public hearing as part of the amendment process. F. A Subsequent Environmental Impact Report (SEIR), Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations were prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA"). Thereafter, City staff circulated a Notice of Completion indicating the public comment period and intent to adopt the SEIR as required by law. The public comment period commenced via the State Clearing House from May 2, 2017 through June 15, 2017. A Notice of Availability was also sent to adjacent property owners indicating a review period of May 2, 2017 through June 15, 2017. The Notice of Availability was also printed in the San Diego Union Tribune, a newspaper of general circulation within the City of Temecula. Copies of the documents have been available for public review and inspection at the offices of the Community Development Department, located at City Hall, 41000 Main Street, Temecula, California 92590; the Ronald H. Roberts Temecula Public Library located at 30600 Pauba Road; Temecula Grace Mellman Community Library located 41000 County Center Drive; and the City of Temecula website. G. On August 16, 2017, the Planning Commission considered the Final Subsequent Environmental Impact Report ("SEIR"), Planning Application Nos. PA17-0109, Specific Plan Amendment; PA16-0270, Minor Exception, and Development Plan; PA17- 1020, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support of or opposition to this matter. H. Following consideration of the entire record before it at the public hearing and due consideration of the Project the Planning Commission adopted Resolution No. "A RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL CERTIFY THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT, ADOPT ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPT A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPT A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE TRUAX HOTEL PROJECT, CONSISTING OF APPROXIMATELY 2.46 ACRES GENERALLY LOCATED ON THE NORTH AND SOUTH SIDE OF 3RD STREET BETWEEN OLD TOWN FRONT STREET AND MERCEDES STREET (APNS: 922-043-002, 922-043-004, 922-043-018, 922-043-024, 922-043-003, 922-043-015, 922-043-023, 922-043-025, 922-044-017, AND 922-044- 020." Resolution No. 17- and the findings therein are hereby incorporated by this reference as set forth therein. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Commission, in recommending approval of Minor Exception application PA17-1020, pursuant to Temecula Municipal Code section 17.03-060 hereby finds, determines and declares: A. That there are practical difficulties or unnecessary hardships created by strict application of the code due to the physical characteristics of the property; The property increases in slope between Old Town Front Street and Mercedes Street. This slope makes it difficult to design a parking garage with the appropriate maneuverability for vehicles. The additional 15% of building height permitted by the Minor Exception will allow enough extra space to ensure all design requirements are met in an aesthetically compatible manner. B. The minor exception does not grant special privileges which are not otherwise available to surrounding properties and will not be detrimental to the public welfare or to the property of other persons located in the vicinity; The Minor Exception does not grant special privileges which are not otherwise available to surrounding properties. The Minor Exception is not anticipated to be detrimental to the public welfare or to the property of other persons located in the vicinity. This is because the Minor Exception will simply allow for an increase in height of 7'-5" for architectural elements of the parking structure. Lowering the structure to the height required by the Specific Plan will create elevations that are aesthetically substandard. C. The Minor Exception places suitable conditions on the property to protect surrounding properties and does not permit uses which are not otherwise allowed in the zone. The Minor Exception is part of a series of applications designed to allow for the construction of a full-service hotel and corresponding parking garage. A SEIR has also been prepared for the project. The conditions of approval and Mitigation Monitoring and Reporting Program will provide suitable conditions and mitigation for the project that will protect surrounding properties. Section 3. Recommendation. The Planning Commission of the City of Temecula recommends that the City Council adopt a resolution entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A MINOR EXCEPTION APPLICATION TO ALLOW FOR AN INCREASE IN BUILDING HEIGHT FOR A PARKING GARAGE IN CONNECTION WITH THE TRUAX HOTEL PROJECT,' subject to the conditions of approval, in substantially the same form attached to this Resolution as Exhibit "A", and incorporated herein by this reference. Section 4. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 16t" day of August, 2017. John Telesio, Chairman ATTEST: Luke Watson Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 16- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 16t" day of August, 2017, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS ABSENT: PLANNING COMMISSIONERS ABSTAIN: PLANNING COMMISSIONERS Luke Watson Secretary EXHIBIT A CITY COUNCIL RESOLUTION RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A MINOR EXCEPTION APPLICATION TO ALLOW FOR AN INCREASE IN BUILDING HEIGHT FOR A PARKING GARAGE IN CONNECTION WITH THE TRUAX HOTEL PROJECT (APN: 922-044-017, 922-044-020) (PA17-1020) 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. On February 22, 2016, Chris Campbell of Walter R. Allen Architect + Associates filed Planning Application No. PA16-0270, a Development Plan. On January 23, 2017, Gary Thornhill, on behalf of the Truax Group submitted Planning Application No. PA17-0109, a Specific Plan Amendment. On June 30, 2017, Ross Jackson on behalf of the Truax Group, submitted Planning Application PA17-1020, a Minor Exception. These applications (collectively "Project") were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. Collectively, the Project consists of a relocation of a portion of the existing Hotel Overlay contained within the Old Town Specific Plan to allow for the development of a full service hotel. The Project also includes a Minor Exception to allow for an increase in allowable building height for a parking structure that will be constructed across the street from the hotel. 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. D. Pursuant to the California Environmental Quality Act (CEQA) (Pub. Res. Code § 21000, et seq.) and the State CEQA Guidelines (14 Cal. Code Regs. § 14000, et seq.), the City is the lead agency for the Project. E. The Old Town Specific Plan was amended in 2010. An Environmental Impact Report was prepared and certified at a public hearing as part of the amendment process. F. A Subsequent Environmental Impact Report (SEIR), Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations were prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA"). Thereafter, City staff circulated a Notice of Completion indicating the public comment period and intent to adopt the SEIR as required by law. The public comment period commenced via the State Clearing House from May 2, 2017 through June 15, 2017. A Notice of Availability was also sent to adjacent property owners indicating a review period of May 2, 2017 through June 15, 2017. The Notice of Availability was also printed in the San Diego Union Tribune, a newspaper of general circulation within the City of Temecula. Copies of the documents have been available for public review and inspection at the offices of the Community Development Department, located at City Hall, 41000 Main Street, Temecula, California 92590; the Ronald H. Roberts Temecula Public Library located at 30600 Pauba Road; Temecula Grace Mellman Community Library located 41000 County Center Drive; and the City of Temecula website. G. On August 16, 2017, the Planning Commission considered the Final Subsequent Environmental Impact Report (SEIR) Planning Application Nos. PA17- 0109, Specific Plan Amendment; PA17-1020, Minor Exception; and PA16-0270, Development Plan; at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support of or opposition to this matter. H. Following consideration of the entire record before it at the public hearing and due consideration of the Project the Planning Commission adopted Resolution No. "A RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL CERTIFY THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT, ADOPT ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPT A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPT A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE TRUAX HOTEL PROJECT, CONSISTING OF APPROXIMATELY 2.46 ACRES GENERALLY LOCATED ON THE NORTH AND SOUTH SIDE OF 3RD STREET BETWEEN OLD TOWN FRONT STREET AND MERCEDES STREET (APNS: 922-043-002, 922-043-004, 922-043-018, 922-043-024, 922-043-003, 922-043-015, 922-043-023, 922-043-025, 922-044-017, AND 922-044- 020.". I. At the conclusion of the Planning Commission hearing and after due consideration of the entire record before the Planning Commission hearing, and after due consideration of the testimony regarding the proposed Project, the Planning Commission adopted Resolution No. , "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A MINOR EXCEPTION APPLICATION TO ALLOW FOR AN INCREASE IN BUILDING HEIGHT FOR A PARKING GARAGE IN CONNCECTION WITH THE TRUAX HOTEL PROJECT. (APN: 922-044-017, 922-044-020)" J. On the City Council of the City of Temecula considered the Project and the Final SEIR, Mitigation Monitoring and Reporting Program, and 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 Project and the Final SEIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations prior to and at the public hearing. K. Following the public hearing, the Council adopted Resolution No. 17- "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT, ADOPTING FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE TRUAX HOTEL PROJECT, CONSISTING OF APPROXIMATELY 2.46 ACRES GENERALLY LOCATED ON THE NORTH AND SOUTH SIDE OF 3RD STREET BETWEEN OLD TOWN FRONT STREET AND MERCEDES STREET (APNS: 922- 043-002, 922-043-004, 922-043-018, 922-043-024, 922-043-003, 922-043-015, 922- 043-023, 922-043-025, 922-044-017, AND 922-044-020)." Resolution No. 17- and the findings therein are hereby incorporated by this reference as set forth in full. L. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Legislative Findings. The City Council in approving the Minor Exception, pursuant to Temecula Municipal Code Section, 17.03.060, hereby finds, determines and declares that: A. That there are practical difficulties or unnecessary hardships created by strict application of the code due to the physical characteristics of the property; The property increases in slope between Old Town Front Street and Mercedes Street. This slope makes it difficult to design a parking garage with the appropriate maneuverability for vehicles. The additional 15% of building height permitted by the Minor Exception will allow enough extra space to ensure all design requirements are met in an aesthetically compatible manner. B. The minor exception does not grant special privileges which are not otherwise available to surrounding properties and will not be detrimental to the public welfare or to the property of other persons located in the vicinity; The Minor Exception does not grant special privileges which are not otherwise available to surrounding properties. The Minor Exception is not anticipated to be detrimental to the Public welfare or to the property of other persons located in the vicinity. This is because the Minor Exception will simply allow for an increase in height of 7'-5" for architectural elements of the parking structure. Lowering the structure to the height required by the Specific Plan will create elevations that are aesthetically substandard. C. The Minor Exception places suitable conditions on the property to protect surrounding properties and does not permit uses which are not otherwise allowed in the zone. The Minor Exception is part of a series of applications designed to allow for the construction of a full-service hotel and corresponding parking garage. A SEIR has also been prepared for the project. The conditions of approval and Mitigation Monitoring and Reporting Program will provide suitable conditions and mitigation for the project that will protect surrounding properties. Section 3. Conditions of Approval. The City Council of the City of Temecula approves Planning Application No. PA17-1020, a Minor Exception to allow for an increase in building height for the parking garage, subject to the Conditions of Approval set forth in Exhibit A, attached hereto, and incorporated herein by this reference. Section 4. Certification. The City Clerk shall certify to the adoption of this Resolution and shall cause it to be published in the manner required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of Maryann Edwards, 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. - was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk EXHIBIT A Planning Application No.: Project Description: Assessor's Parcel No.: MSHCP Category: DIF Category: TUMF Category: Quimby Category: New Street In -lieu of Fee: Approval Date: Expiration Date: PLANNING DIVISION EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL PA 17-1020 Truax Hotel Parking Structure Minor Exception: A Minor Exception to allow for a height increase for the Truax Hotel parking garage (APN: 922-044-017). 922-044-017 Commercial Service Commercial for Hotel / Retail Commercial for Retail / Restaurant Service Commercial -Hotel / Retail Commercial for Retail / Restaurant Non -Residential Project Not Located within the Uptown Specific Plan Within 48 Hours of the Approval 1. Filing Notice of Determination. The applicant/developer shall deliver to the Planning Division a cashier's check or money order made payable to the County Clerk in the amount of Three Thousand One Hundred and Twenty-eight Dollars and Zero Cents ($3,128.00) which includes the Three Thousand and Seventy-eight Dollars and Zero Cents ($3,078.00) fee, required by Fish and Wildlife Code Section 711.4(d)(3) plus the Fifty Dollars ($50.00) County administrative fee, to enable the City to file the Notice of Determination for the Environmental Impact Report required under Public Resources Code Section 21152 and California Code of Regulations Section 15904. If within said 48-hour period the applicant/developer has not delivered to the Planning Division the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Wildlife Code Section 711.4(c)). General Requirements 2. Indemnification of the City. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City and its attorneys from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. 3. Expiration. This approval shall be used within three years of the approval date; otherwise, it shall become null and void. Use means the beginning of substantial construction contemplated by this approval within the three-year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval, or use of a property in conformance with a Conditional Use Permit. 4. Time Extension. The Director of Community Development may, upon an application being filed prior to expiration, and for good cause, grant up to five extensions of time, one year at a time. 5. Consistency with Specific Plans. This project and all subsequent projects within this site shall be consistent with Specific Plan No. 5 (Old Town). 6. Compliance with EIR. The project and all subsequent projects within this site shall comply with all mitigation measures identified within EIR No. 2017011029. 7. Conformance with Approved Plans. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Division. 8. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. DRAFT SUBSEQUENT ENVIRONMENTAL IMPACT REPORT WITH APPENDICIES https://temeculaca.gov/362/Environmental-Review-CEQA FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT https://temeculaca.gov/362/Environmental-Review-CEQA NOTICE OF PUBLIC HEARING 7 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: PA17-0109, PA17-1020, PA16-0270 APPLICANT: Ross Jackson on behalf of Truax Group PROPOSAL: PA17-0109, a Specific Plan Amendment to relocate a portion of the Hotel Overlay within the Old Town Specific Plan. PA16-0270, a Development Plan application for a six -story, approximately 175,677 square foot hotel generally located along the south side of 3rd Street between Old Town Front Street and Mercedes Street. The hotel will contain 151 guest rooms. A parking structure will also be constructed directly across 3rd Street. The parking structure will total approximately 86,117 square feet and contain approximately 2,846 square feet of ground floor commercial and 213 parking spaces that will provide valet parking for hotel guests. PA17-1020, a Minor Exception to allow for an increase in building height for the parking garage. RECOMMENDATION: Adopt Resolutions recommending City Council approval of the Project ENVIRONMENTAL: The project has been reviewed in accordance with the California Environmental Quality Act (CEQA). The proposed project will have two significant impacts upon the environment (Greenhouse Gas Emissions and Noise and Vibration) based upon a completed Subsequent Environmental Impact Report (SEIR) and Mitigation Monitoring and Reporting Plan. As a result, a Statement of Overriding Considerations will be required in compliance with CEQA. Staff is recommending that the Planning Commission take action on a recommendation that the City Council adopt the SEIR for the Project. CASE PLANNER: Eric Jones, (951)-506-5115 PLACE OF HEARING: 41000 Main St., Temecula, CA 92590, City of Temecula, Council Chambers DATE OF HEARING: August 16, 2017 TIME OF HEARING: 6:00 p.m. 500 LOO • 0 O The complete agenda packet (including any supplemental materials) 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 — TemeculaCA.gov and will be available for public review at the respective meeting. Any writing 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 — TemeculaCA.gov — and will be available for public review at the meeting. Any petition for judicial review of a decision of the Planning Commission shall be filed within time required by, and controlled by, Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the Planning Commission 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. Questions? Please call the Community Development Department at (951) 694-6400. DRAFT SUBSEQUENT ENVIRONMENTAL IMPACT REPORT WITH APPENDICIES https://temeculaca.qov/362/Environmental-Review-CEQA FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT https://temeculaca.gov/362/Environmental-Review-CEQA Jackson Tidus A LAW CORPORATION August 15, 2017 VIA E-MAIL (eric.lones( temeculaca.Rov) City of Temecula Planning Commission c/o Mr. Eric Jones, Case Planner Planning Department 41000 Main Street Temecula, CA 92590 Direct Dial: Email: Reply to: File No: 949.851.7409 mstaples@jacksontidus.law Irvine Office 9469.125339 Re: August 16, 2017 City of Temecula Planning Commission Agenda Item No. 5, Truax Hotel Project ("Project") Dear Honorable Commissioners: We would like to thank the City of Temecula ("City") for providing responses to the comment letter, dated June 14, 2017, that we submitted on behalf of Front Street Land,. LLC, related to the Truax Hotel Project, the related specific plan amendment, and the Subsequent Environmental Impact Report ("SEIR").l We have reviewed the Final SEIR and request further clarification from the City on the points below. 1. Response to Comment 7-4 Regarding Full Service Hotels on Land Remaining in the Original DTC/HO Zone. The City's Old Town Specific Plan ("OTSP") allows development of "Full Service Hotels" up to eight (8) stories high in the Downtown Core/Hotel Overlay ("DTC/HO") zoning district. In our comment letter, we asked that the City correct language in the SEIR that says the DTC/HO designation allows "a" Full Service Hotel by right, and to confirm that the OTSP permits more than one Full Service Hotel in the DTC/HO zoning district. However, the Final SEIR was not corrected, and the City's response to our letter says that the OTSP would still permit development of "another hotel" on remaining property within the DTC/HO zone. It is still unclear whether the Project's proposed Hotel Overlay relocation would affect land uses within the area remaining in the original DTC/HO zoning district by restricting development of another Full Service Hotel. Please confirm that the Truax Hotel is not the only Full Service Hotel that will be allowed in the DTC/HO district by right and that approval of the Project does not restrict development of another Full Service Hotel within the area originally zoned DTC/HO. 1 The comment letter we submitted on behalf of Front Street Land is referred to in the Final SEIR as "Letter 7." Irvine Office 2030 Main Street, 12th Floor Irvine, California 92614 t 949.752.8585 f 949.752.0597 Westlake Village Office 2815 Townsgate Road, Suite 200 Westlake Village, California 91361 t 805.230.0023 f 805,230,0087 www.jacksontidus.Iaw City of Temecula Planning Commission c/o Mr. Eric Jones, Case Planner August 15, 2017 Page 2 2. Response to Comment 7-3 Regarding Ownership of Property Involved in the Project. In an email responding to a question raised by Front Street Land, the City said that the 61,659 square foot portion of the existing DTC/HO being relocated as part of the Project's specific plan amendment would not be taken from privately -owned parcels because it would be taken entirely from the streets. (See Letter 7, Exhibit A.) However, in the City's response to our comment letter, the City confirmed that portions of Old Town Front Street involved in the Project's Hotel Overlay relocation are privately owned by the adjacent lot owner, subject to a right of way easement held by the City. We understand that the City Attorney is currently reviewing this matter. including whether any portion of Old Town Front Street that is part of the Project's Hotel Overlay relocation is owned by Front Street Land. The City's Land Use Amendment application (see attached form), which is required to modify a previously approved section of a zoning designation or to process a specific plan amendment, must be signed by the owners of property involved in the application to certify their authorization and consent to the filing of the application. Front Street Land and City staff are in the process of coordinating a meeting to resolve ownership and consent questions in advance of the City Council's consideration of the Project. Front Street Land appreciates the City's consideration of the points discussed above and respectfully requests that the City include this letter and the attachment in the administrative record for the Project and SEIR. Attachment Very truly yours, 2itaktiLdici/ahei Michele A. Staples PROJECT CLASSIFICATION PM DEVN PRO LDC# City of TemecuCa 41000 Main Street P.O. Box 9033 Temecula, California 92589-9033 PHONE: (951) 694-6400 FAX: (951) 694-6477 www.cityoftemecula.org LAND USE/ZONING AMENDMENT APPLICATION Date Stamp PROJECT INFORMATION (INCOMPLETE APPLICATIONS CANNOT BE ACCEPTED) Application Type (Check One): ❑ New Specific Plan ['Zoning Amendment (Text/Map) ❑ General Plan Amendment/ Specific Plan Amendment Project Description/Use: Assessor's Parcel No(s): Tract/Parcel No.: Street Address(es): General Location: Lot(s) Parcel(s) ADDITIONAL PROJECT INFORMATION Overall Project Square Footage: Current Zoning: Current General Plan: Residential Use Type: Gross Acreage: No. of Units: No. of Lots: Related Cases: Is Parcel(s) in an MSHCP "Criteria Cell": YES _❑_ NOl R:\Applicutions 201 I\Land Use -Zoning -SP Amendment Applicalion 201 1.doc2 (Go to www.rcip.org to find out) APPLICANT/REPRESENTATIVE/OWNER INFORMATION APPLICANT/REPRESENTATIVE PHONE NO. CONTACT FAX NO. LAST FIRST MI. ADDRESS STATE ZIP STREET CITY EMAIL: ❑ I certify that all filing requirements have been satisfied for my application. I further understand that an incomplete application will result in delays to the processing of my application. Applicant's Signature Date: PROPERTY OWNER LAST FIRST MI PHONE NO. FAX NO. ADDRESS STREET CITY STATE ZIP EMAIL: Owner Certification ❑ I certify under the penalty of the laws of the State of California that I am the property owner of the property that is the subject matter of this application and I am authorizing to and hereby do consent to the filing of this application and acknowledge that the final approval by the City of Temecula, if any, may result in restrictions, limitations and construction obligations being imposed on this real property. Owner/Authorized Agent Signature: Date: Print Name: Written authorization from the legal property owner is required. An authorized agent for the owner must attach a notarized letter of authorization from the legal property owner. R:\Applicntions 201 I\Land Ilse -Zoning -SP Amendment Application 2011 doc3 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. Place of Hearing: 41000 Main Street, Temecula, CA 92590, City of Temecula, Council Chambers Date of Hearing: September 5, 2017 Time of Hearing: 6:00 p.m. Case Nos.: PA17-0109, PA16-0270, and PA17-1020 Applicant: Chris Campbell, Walter R. Allen Architect + Associates Location: Generally located along the south and north sides of 3rd Street between Old Town Front Street and Mercedes Street Proposal: Truax Hotel, PA17-0109, a Specific Plan Amendment to relocate a portion of the Hotel Overlay within the Old Town Specific Plan. PA16-0270, a Development Plan application for a six -story, approximately 175,677 square foot hotel generally located along the south side of 3rd Street between Old Town Front Street and Mercedes Street. The hotel will contain 151 guest rooms. A parking structure will also be constructed directly across 3rd Street. The parking structure will total approximately 86,117 square feet and contain approximately 2,846 square feet of ground floor commercial space and 213 parking spaces that will provide valet parking for hotel guests. PA17-1020, a Minor Exception to allow for an increase in building height for the parking garage. Environmental The project has been reviewed in accordance with the California Environmental Quality Action: Act (CEQA). The proposed project will have two significant impacts upon the environment (temporary construction noise/vibration and Greenhouse Gas Emissions) based upon a completed Subsequent Environmental Impact Report (SEIR) and Mitigation Monitoring and Reporting Plan. As a result, a Statement of Overriding Considerations will be required in compliance with CEQA. Staff is recommending that the City Council adopt the SEIR for the project. 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. 1 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. 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, 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 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 Eric Jones, City of Temecula Community Development Department, (951) 506-5115. 2 Item No. 17 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: September 5, 2017 SUBJECT: Consider the Cypress Ridge Residential Project Including a General Plan Amendment, a Planned Development Overlay/Zone Change, a Tentative Tract Map, and a Development Plan (Planning Application Nos. PA15-1894, PA15-1893, and PA15-1892) PREPARED BY: Eric Jones, Associate Planner RECOMMENDATION: That the City Council conduct a Public Hearing and consider the Cypress Ridge Residential Project including a General Plan Amendment, a Planned Development Overlay/Zone Change, a Tentative Tract Map, and a Development Plan (Planning Application Nos. PA15-1894, PA15-1893, and PA15-1892) and adopt related resolutions and introduce ordinance: 1. Adopt a resolution entitled: RESOLUTION NO. 17- 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 ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE CYPRESS RIDGE PROJECT, CONSISTING OF APPROXIMATELY 22.73 ACRES, GENERALLY LOCATED ON THE NORTHEAST CORNER OF PECHANGA PARKWAY AND LOMA LINDA ROAD (APNS 961-450-003, 961-450-012, 961-450-013) 2. Adopt a resolution entitled: RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A GENERAL PLAN AMENDMENT APPLICATION TO REVISE THE GENERAL PLAN DESIGNATION OF THREE EXISTING PARCELS FROM PROFESSIONAL OFFICE (PO) TO MEDIUM DENSITY (M) RESIDENTIAL IN CONNECTION WITH THE CYPRESS RIDGE PROJECT (APNS: 961-450-003, 961-450-012, 961-450-013) (PA15-1894) 3. Introduce a read by title only an ordinance entitled: ORDINANCE NO. 17 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 17 OF THE TEMECULA ZONING CODE TO ADD A NEW ARTICLE XVI (CYPRESS RIDGE PLANNED DEVELOPMENT OVERLAY DISTRICT 15) TO CHAPTER 17.22 (PLANNED DEVELOPMENT OVERLAY ZONING DISTRICT) ON A 22.73 ACRE SITE GENERALLY LOCATED ON THE NORTHEAST CORNER OF PECHANGA PARKWAY AND LOMA LINDA ROAD (APNS: 961-450-003, 961-450-012, 961-450-013) AND AMENDING THE TEMECULA ZONING MAP (PA15-1895) 4. Adopt a resolution entitled: RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING TENTATIVE TRACT MAP 37021 TO DIVIDE THREE EXISTING PARCELS TOTALING 22.73 ACRES INTO TWO LOTS (WITH THREE LETTERED LOTS) TO ALLOW FOR A RESIDENTIAL DEVELOPMENT ON THE NORTHEAST CORNER OF PECHANGA PARKWAY AND LOMA LINDA ROAD (APNS 961-450-003, 961-450-012, 961-450-013) (PA15- 1893) 5. Adopt a resolution entitled: RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DEVELOPMENT PLAN APPLICATION TO ALLOW FOR 245 RESIDENTIAL MARKET RATE UNITS CONSISTING OF DETACHED/ATTACHED CLUSTER AND DUPLEX/TRIPLEX UNITS TOTALING APPROXIMATELY 439,341 SQUARE FEET AND THE CONVERSION OF A 0.67 -ACRE OFF-SITE EXISTING CONCRETE DRAINAGE DITCH INTO A LANDSCAPED INFILTRATION BASIN AND MAKING IMPROVEMENTS TO PALA PARK AND ADDITIONAL OFF-SITE LANDSCAPE IMPROVEMENTS NORTH OF THE PROJECT SITE ALONG PECHANGA PARKWAY (APNS: 961-450-003, 961-450-012, 961-450-013) (PA15-1892) 6. If the City Council approves recommendations 1 through 5, thereby approving the proposed Cypress Ridge Residential Development; Adopt a resolution entitled: RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A JOINT COMMUNITY FACILITIES AGREEMENT AMONG THE CITY OF TEMECULA, THE TEMECULA VALLEY UNIFIED SCHOOL DISTRICT AND RC PECHANGA 20, LP FOR COMMUNITY FACILITIES DISTRICT NO. 2017-1 OF THE TEMECULA VALLEY UNIFIED SCHOOL DISTRICT SUMMARY OF ORDINANCE: An Ordinance for a zoning map amendment to revise the zoning designation from Professional Office (PO) to Planned Development Overlay 15 (PDO -15) on a 22.73 acre site located on the northeast corner of Pechanga Parkway and Loma Linda Road. BACKGROUND: Cypress Ridge ("Project") will allow for the development of a 245 -unit market rate residential project on a 22.73 acre site. The project will include a General Plan Amendment to revise the current General Plan designation from Professional Office (PO) to Medium Density Residential (M), a Zone Change to revise the zoning designation from Professional Office (PO) to Planned Development Overlay 15 (PDO -15), a Tentative Tract Map to convert three parcels into two, and Development Plant to allow for approximately 439,341 square feet of residential space. Staff presented the project to the Planning Commission on August 2, 2017, with the recommendation that the Planning Commission recommend City Council approve the project, subject to the Conditions of Approval and mitigation measures contained in the EI R. There were five public speakers for the Project at hearing. Three public speakers expressed opposition to the Project while two public speakers expressed support. The first two opposition speakers were members of the local community and they had concerns with several issues. First, increased traffic and the difficulty of crossing Loma Linda Road at Beech Court as a pedestrian was discussed. The Environmental Impact Report (EIR) prepared for the Project found that all traffic impacts could be mitigated to less than significant with the exception of Southbound 1-15 ramps (future build -out 2035). The traffic study was conducted using established industry standards to determine the roads and intersections to be studied. The second issue pertained to the potential for Project residents to park outside of their development. The project provides the required number of parking spaces (620). All units have an attached two car garage. In addition, a Condition of Approval has been placed on the project requiring the HOA to inspect garages at least once a year to ensure two vehicles can be parked within the garages. After these concerns were raised at the Planning Commission hearing, the applicant worked with staff and has agreed to implement the below improvements along Loma Linda Road between Pechanga Parkway and Via Del Coronado. These improvements were not reviewed by the Planning Commission. Staff considers these items as additional community wide benefits. • Slurry seal with restriping; • On -street parking adjacent to the Project site; • Buffered bike lanes (both sides of Loma Linda Road); • Pedestrian crossing and V -Calm LED speed display signage at Loma Linda Road and Beech Court intersection The third issue discussed was that the density for the Project is too high. The project is proposing to change the General Plan designation from Professional Office (PO) to Medium Density Residential (M). The density range for Medium Density Residential is 7.0-12.9 dwelling units per acre (du/ac). The Project is 12.14 du/ac. The Growth Master Plan indicates that a project may provide an increased density if community wide amenities are also provided. Staff believes the community wide amenities offered by the Project justify the higher density proposed by the applicant. Recently added amenities for Loma Linda Road have been mentioned previously in this report. The Project proposes additional off-site community amenities by providing upgrades to Pala Park. Upgrades to Pala Park include, but are not limited to: • Cleaning exterior walls • Painting bathroom doors and frames • Replacing door hardware, interior base tiles, light fixtures, patricians, stainless plumbing fixtures • Revising the existing parking area to provide the correct amount of disabled parking spaces with appropriate signage • Replacing all playground equipment with equipment compatible for play by special needs children The project applicant has also agreed to install off-site landscaping along the east side of Pechanga Parkway, north of the project site. This area is located at the western most portion of the project site and extends north along Pechanga Parkway for approximately 1,050 feet. This vacant area does not currently contain any landscaping. The placement of landscaping along this stretch of road will beautify the area and totals approximately 16,604 square feet. The third opposition speaker, representing Golden State Environmental Justice Alliance, indicated that his organization stands behind the letter they submitted as part of the EIR public comment period. This letter indicates that the EIR has deficiencies in the following EIR sections: • Air Quality • Hydrology and Water Quality • Land Use and Planning • Population and Housing • Traffic and Circulation • Alternatives This opposition letter was reviewed by the consultant that prepared the EIR and responses were provided as part of the Final EIR. The Developer is working with the Temecula Valley Unified School District (TVUSD) to form a Community Facilities District (CFD) pursuant to the Mello Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the "Act"). The Developer and TVUSD desire to enter into a joint community facilities agreement with the City to provide for the financing of certain City fees related to public facilities to be constructed by or under the supervision of the City (the "Joint Community Facilities Agreement"). Pursuant to Section 53316.2 of the Act, a CFD is authorized to finance facilities to be owned or operated by an entity other than the agency that created the community facilities district pursuant to a joint community facilities agreement. The City's Bond Counsel, Quint & Thimmig LLP, with the assistance of City Staff, has reviewed the proposed Joint Community Facilities Agreement and it is now ready for execution by the City. The Council's approval of the attached resolution authorizes the City Manager, or his designee, to execute the Joint Community Facilities Agreement in the form attached, together with such changes, insertions and omissions as may be approved by the City Manager in consultation with the City Attorney. FISCAL IMPACT: In accordance with the City's fiscal policies, a fiscal impact analysis (FIA) has been completed. The City's fiscal policies require FIAs to be completed for development that proposes an increase in residential density from what is currently allowed in the General Plan. The FIA has been used to inform the creation of a City Services Community Facilities District (CFD). The services financed by the services CFD include, but are not limited to, police protection services, fire protection, and municipal services. The fiscal impact for the project is anticipated to be $439.00 per unit. The estimated base rate of $439 will be escalated at a rate of 5.6% a year. This rate is estimated to offset the increase in the cost of municipal services that the City will incur as a result of the proposed development. The CFD will be assessed in perpetuity on each property and collected through property taxes. There is no fiscal impact related to the Joint Community Facilities Agreement as the Developer has agreed to pay the costs of the City with respect to the proposed Joint Community Facilities Agreement. ATTACHMENTS: 1. Plan Reductions 2. City Council Resolution Certifying Environmental Impact Report Adopting Statement of Overriding Considerations Exhibit A — Findings of Facts in Support of Findings Exhibit B — Mitigation Monitoring Program Exhibit C — Statement of Overriding Considerations 3. Council Resolution General Plan Amendment Exhibit A — Proposed General Amendment 4. City Council Ordinance Zone Change/Planned Development Overlay Exhibit A — Planned Development Overlay w/Fiscal Impact Analysis Exhibit B — Amended Zoning Map 5. City Council Resolution Tentative Tract Map Exhibit A — Conditions of Approval 6. City Council Resolution Development Plan Exhibit A — Conditions of Approval 7. City Council Resolution Joint Community Facilities Agreement Exhibit A — Joint Community Facilities Agreement 8. Planning Commission Resolution Recommending Certification of the prepared EI R 9. Planning Commission Resolution Recommending Approval of a General Plan Amendment 10. Planning Commission Resolution Recommending Approval for a Zone Change/Planned Development Overlay 11. Planning Commission Resolution Recommending Approval for a Tentative Parcel Map 12. Planning Commission Resolution Recommending Approval for a Development Plan 13. Planning Commission Staff Report of August 2, 2017 14. Draft EIR (https://temeculaca. qov/362/Environmental-Review-CEQA) 15. Final EIR (https://temeculaca. qov/362/Environmental-Review-CEQA) 16. Public Correspondence 17. Notice of Public Hearing ACCESSORS PARCEL NUMBER'. ADDRESS: LEGAL DESCRIPTION. CURRENT ZONING. PROPOSED ZONING: LAND AREA TOTAL GROSS TOTAL NET TOTAL BUILDING AREA TOTAL RESIDENTIAL UNITS DENSITY UNIT LOT COVERAGE BUILDING AREA PARKING AREA LANDSCAPE AREA 951450-012,951-450-013,951-450-003 45100 Peohanga Parkway (Approximate) Tentative Tract Map 37021 PO M (Medium Density Residential) CONSTRUCTION TYPE RESIDENTIAL [D,ndHE❑. arrecHEDcwsEws. Sr, DUPLE, RESIDENTIAL aRIPLE, SPRINKLERED NUMBER OF STORIES MAXIUM BUILDING HEIGHT. 990,252 sf 878,992 sf 439,341 sf 245 units 12.14 DU/AC Square FT Percentage 22.73 AC 20.18 AC 298,258 of 30% 241,715 sf 27% 194,996 sf 22% TYPE V-A (280-3) I TYPE V-A (CBC -82) REQUIRED 2 AND 3 STORY 2 -STORY 294" 3 -STORY 36'6" IPARKI NG SUMMARY PARKING REQUIRED PLAN IREQUIRED RATIO 2 BDRM UNITS (1 COVERED SPACE I 1 UN- COVERED SPACE) 3 .RM (OR MORE) (2 COVERED SPACES + 0.5 UNCOVERED SPACE - 1 GUEST SPACE/6 UNITS) PARKING PROVIDED I05TY 50 195 IREQUIRED 'GUEST 100 487.5 32.50 SUBTOTAL 587.5 32.50 TOTAL REQUIRED SPACES COVERED SPACES UN -COVERED SPACES 620.00 SPACES (Includes 7.0 ADA Spaces) 490 SPACES 130 SPACES TOTAL PROVIDED SPACES MOTORCYCLE SPACES 1 620 SPACES (Incudes 8.0 ADA Spaces) 9 SPACES NOT TO SCALE NNH REQUIRED OPEN SPACE REQUIRED COMMON OPEN SPACE'. 25% LOT AREA 219,748 sf REQUIRED PRIVATE OPEN SPACE. 200 sf /UNIT 49,000 sf Requirements based on Medium Density Residential (M) with Density Range of 7 o to 12.9 ou/AC PROVIDED OPEN SPACE: PROVIDED COMMON OPEN SPACE'. 234,539 sf PROVIDED PRIVATE OPEN SPACE. 85,881 sf TOTAL PROVIDED OPEN SPACE 36% ',cycled Open Space Includes side yards, Clubhouse end Pool Deck PROVIDED PRIVATE OPEN SPACE PER UNIT 320,420 sf PLAN DESCRIPTION PROVIDED PRIVATE OS SUBTOTAL DETACHED CLUSTER A 2 Story, 3. 1/ 3.5 BA + REC ROOM 2 Story, 380 / 2.5 BA + REC ROOM C 2Story, 3BR/2 BA+(2)HALF BA+REC RM ATTACHED CLUSTER A 2Story, 3=0/ 2.5 BA B 3 Story, 3=0 / 3.5 BA + DEN • 35tory, 2BR/3 BA+ (2)HALF BA+DEN D 2Story, 3BR/2.5 BA DUPLEXTRIPLEX OUP - A 2Story, 38R/2.5 BA TRIP - A 2Story, 2BR/3 BA+DEN TRIP - B 2Story, 2BR/ 2.0 BA (Carnage Unit) TRIP - C 2Story, 2BR/2.5 BA+DEN TOTAL PROVIDED PRIVATE OPEN SPACE 676 sf 18,252 sf 794 sf 19,056 sf 632 sf 17,696 et 208 sf 235 sf 236 sf 200 sf 347 sf 268 sf 275 sf 470 sf 3,328 sf 3,760 sf 3,776 sf 3,000 sf 18,044 of 4,556 sf 4,675 sf 7,990 sf 85,881 sf I RESIDENTIAL DEVELOPMENT STANDARDS RESIDENTIAL DEVELOPMENT STANDARDS LOT AREA MINIMUM NEr LOT AREA DENSITY RANGE (UNITS/AC) LOT DIMENSIONS MINIMUM AVERAGE WIDTH MINIMUM LOT DEPTH BUILDING SETBACK MINIMUM FRONT YARD MINIMUM INTERIOR SIDE YARD MINIMUM REAR YARD MINIMUM BUILDING SEPARATION OTHER REQIUREMENTS MAXIMUM BUILDING HEIGHT MAXIMUM LOT COVERAGE MINIMUM OPEN SPACE MINIMUM PRIVATE OPEN SPACE/UNIT M (Medium Density Residential) 7,200 SF 7.0-12.9 DU 50 80 10 affable 20 10 40 35% 25% 200 SF I PLAN 10ESCRIPTION I ONTV UNIT AREA 1GROSS AREA' DETACHED CLUSTER A • 25ory, 3BR/2.5 BA+RFC ROOM • 25tory, MR/2 DA+(2)HALF BA+REG RI, SUBTOTAL ATTACHED CLUSTER A 2 Story, 3BR'2. 5 BA • 35tory, SRR/3.5 DA+DEN • 3 Story 2BR/3 BA+(2)HALF BA+DEN ❑ 2Story, 3BR/2.5 BA SUBTOTAL DUPLEX/TRIPLEX DUP - A TRIP - A TRIP - B TRIP - C Story . 3BR / 2 5 BA 2 Story, RR /3 RA +DEN 2 Story, 2. /2.0 BA (Carriage Una) 2Story, 2BR/25BA+DEN SUBTOTAL 27 24 28 79 ( 32%) 16 16 16 15 63 2 7 17 2 243 sf 1 947 sf 2,364 sf 1 575 sf 1.938 sf 1.822 sf 1,636 sf 26% n 193 ( 42%) 1.498 sf 1 582 sf 1 374 sf 1,535 sf 60,561 sf 46,728 sf 66,192 6f 173,481 f 25,200 sf 31,008 sf 29,152 sf 24,540 sf 109,900 sf 77,896 sf 26,894 sf 23,358 sf 26,095 sf 154,243 of 245 units CLUBHOUSE BUILDING 437.624 sf 1 1,717 sf 1 (TRASH + RECYCLE STORAGE REQUIRED INSIDE UNITS REFUSE/RECYCLE PICK UP PROVIDED 3/UNIT 3/UNIT 735 SPACES 735 SPACES G44JJ id 171) RC PECHANGA 20, LP � ARCHITECTURAL 8-01 PROJECT SUMMARY A-02 SITE PLAN A-03 DETACHED CLUSTER UNIT -A FLOOR PLANS A-04 DETACHED CLUSTER UNIT -A ROOF PLAN 8-05 DETACHED CLUSTER UNIT -13 FLOOR PLANS 8-06 DETACHED CLUSTER UNIT -13 ROOF PLAN A-07 DETACHED CLUSTER UNIT -C FLOOR PLANS A-08 DETACHED CLUSTER UNIT -C ROOF PLAN A-09 DETACHED CLUSTER BLDG PLANS 8-10 DETACHED CLUSTER BLDG ROOF PLAN A-11 DETACHED CLUSTER BLDG ELEVATIONS -TUSCAN A-12 DETACHED CLUSTER BLDG ELEVATIONS - SPANISH COLONIAL A-13 DETACHED CLUSTER BLD0 ELEVATIONS - SPANISH MISSION A-14 DETACHED CLUSTER BLDG ELEVATIONS - STYLE COMPOSITION 8-15 ATTACHED CLUSTER UNIT -A PLANS A-16 ATTACHED CLUSTER UNIT -8 PLANS A-17 ATTACHED CLUSTER UNIT -C PLANS A-18 ATTACHED CLUSTER UNIT -D PL3310 8-19 ATTACHED CLUSTER BLDG PLANS 8-20 ATTACHED CLUSTER BLDG PLANS 8-21 ATTACHED CLUSTER BLDG ELEVATIONS - SCHEME 1 A-22 ATTACHED CLUSTER BLDG ELEVATIONS - SCHEME 2 A-23 DUPLEX UNIT -A PLANS 8-24 DUPLEX BLDG PLANS 8-25 DUPLEX ROOF PLAN A-26 DUPLEX BLDG ELEVATIONS - SPANISH COLONIAL A-27 DUPLEX BLDG ELEVATIONS - SPANISH MONTEREY A-28 TRIPLEX UNIT -A FLOOR PLANS A-29 TRIPLEX UNIT -B FLOOR PLANS 8-30 TRIPLEX UNIT -C FLOOR PLANS A-31 TRIPLEX BLDG PLAN- FIRST POOR PLAN A-32 TRIPLEX BLDG PLAN- SECOND POOR PLAN A-33 TRIPLEX BLDG PLAN- ROOF PLAN A-34 TRIPLEX BLDG ELEVATIONS - SPANISH MONTEREY 8-35 TRIPLEX BLDG ELEVATIONS -SPANISH MONTEREY A-36 TRIPLEX BLDG ELEVATIONS- SPANISH COLONIAL A-37 TRIPLEX BLDG ELEVATIONS -SPANISH COLONIAL A-38 CLUBHOUSE FLOOR PLANS 8-39 CI UBHOUSF Fl FVATIONS -SPANISH COLONIAL A-40 ORGANIC WASTE ENCLOSURE A-41 MATERIAL BOARD - 1 A-42 MATERIAL BOARD - 2 8-43 BUILDING STYLE PLACEMENT PROJECT DIRECTORY APPLICANT RC PECHANGA 20. LP 353 E. Angcicno Avc., Suit° A Burbank, CA 91502 P 323 450 2334 C 661 621 1037 Contact: John Fitzpatrick Email . jfi12741iok@ridgeorestre. com ARCHITECT Withee Malcolm Architects, LLP 2251 W. 190th Street Torrance, CA 90504 P 310 217 8885 F 310.217.0425 Contact Dirk Thelen Email'. elf helerwaiwitheemalcolm-com CIVIL Michael Baker International 40810 County Center Dr, Ste 100 Temecula, CA P 951 676 8042 Contact Chris Morlok. PE Email. Chrismorlok@mbakerintl. com LANDSCAPE The Alhambra Group 41635 Enterprise Circle North, Suite C Temecula, CA 92590 P 951.296.6802 Contact: Vince DI Donati Email'. vince@alhambra3 040171 PROJECT SUMMARY --MENT PLAN SUBMITTAL N2 WITHEE MALCOLM A R C H 1 T E C T S Oth F.treet I torrance t ....SCA. 1310.217..E5 I nitheernalcolm.c.cm PRIVATE YARD CFYP T r VD • 1- JJ t m� RC PECHANGA 20, LP 7- FDC LOCATION TYPICAL ON TRIPLEX AND 8-PLEX DOOR SHALL BE LABELED AS 'FIRE SPRINKLER CLOSET 8, FACP' IN CONTRASTING COLOR, RISER CLOSET SHALL BE A DEDICATED AREA AND SHALL NOT BE SHARE WITH ANY OTHER UTILITIES NORTH EZIEZ ®rte REFUS,PECYCL, PION, SITE PLAN DEVELOPMENT PLAN SUBMITTAL A2 WITHEE MALCOLM ARCHITECTS as Bast wom n eat tormace I ca 2050a 1310.217.88 �ee aloolm.00m 8 second floor plan Y Y Ate. pato – --T-i i s�a�sF ° = r IIEWIIIR apm roto ae�e . l ■_ �• II II it NI..n� II II �-1�. — 11PAilkmaster edrm 11 122Zar e-0raee El ki 1 first floor plan 3 BEDROOM + 3BA + 1/2 BA + REC ROOM GROSS AREA 2,243 SF DETACHED CLUSTER Unit -A Floor Plans EL --HENT PLAN SUBMITTAL N2 -450-013 PA1 51832 Cy.:1J J l 6 WITHEE 225 ..MALCOLM ee et I t .e 1 ca P s l n amcoo-,,..m RC PECHANGA 20, LP � o„,ti 412 0 : 4:12 mPJ> L C.f11-0JJ t�� RC PECHANGA 20, LP roof plan DETACHED CLUSTER Unit -A Floor Plans -MENT PLAN SUBMITTAL 22 lejr.IMA RCHITEC TS m i 7 e ..st 1POth st eet I torrance I ea. P0504 I s I nitheemalcolm.e.cm WITHEE MALCOLM 11 11 11 11 11 11 11 11 11 II II 11 11 A it hen 11 bedrm. 2 second floor plan ,x a asa a i roskv2se srava iii = 11= If �b U=IN master bedrm MAI pato — ascEata a= Ile. =1 11 o Ml__ 1 ' LL11T' ]MINEE entry ■inprII .�' IB E�..J_ 2 car pa aRe w.l.o. ll first floor plan 3 BDRM + 2 BA + 1 /2 BA + REC ROOM GROSS AREA 1 ,947 SF DETACHED CLUSTER Unit -B Floor Plans --HENT PLAN SUBMITTAL N2 Ar: I Cof:i BJ J l 6 WITHEEE�2MALCOLM a r� 226 .. l ,se e, .e 1 ca Ps l ho -,,..m RC PECHANGA 20, LP � 1 nma -„ L C.f11-0JJ t�� RC PECHANGA 20, LP roof plan DETACHED CLUSTER Unit -B Floor Plans -HENT PLAN SUBMITTAL #2 WITHEE MALCOLM A RCHITEC TS m i 7 e ..st 1POth st eet I torrance I ea. P0504 I s I nitheemalcolm.e.cm second floor plan first floor plan C.1:11-0JJ t e 6 RC PECHANGA 20, LP e a 3 BDRM + 2 BA + (2) 1/2 BA + REC ROOM GROSS AREA 2,364 SF DETACHED CLUSTER Unit -C Floor Plans -MENT PLAN SUBMITTAL #2 Wil'ARCHITECTS WITHEE MALCOLM 226" nest 1POth sL eet I torrance I ca g0504310.217..3E5 1 acoi,,,.m,m 4:12 7 C.111-0JJ tQ 6 RC PECHANGA 20, LP roof plan DETACHED CLUSTER Unit -C Floor Plans -MENT PLAN SUBMITTAL 22 WITHEE MALCOLM A RCHITEC TS nest 1POth st eet I torrance, ea P0504 I s I nitheemalcolm.e.cm oou �� ■ IMM :'iii Second Floor Plan First Floor Plan DETACHED CLUSTER BUILDING PLANS -HENT PLAN SUBMITTAL N2 CJ J /�{vJ l 6 WITHEEE��MALCOLM .A,eaPoss, ,., acoo-,,.u,m RC PECHANGA 20, LP ��� s CHITEC TS K412 mP C.f11-0JJ t�� Roof Plan DETACHED CLUSTER BUILDING PLANS -MENT PLAN SUBMITTAL #2 WITHEE MALCOLM A R C H 1 T E C TS 225" nest R C P E C H A N G A 2 0, L P-- s ee,1 =A 1 =a osoz 1 s 1 a�i,,,.�,m 1. front elevation 2. rear side elevation 3. side elevation W ..mum IIIIIIII llllllllllllllll g. _ .0 4. side elevation Coil„J‘f RC PECHANGA 20, LP TUSCAN - Multiple low-pitched roofs - Stone at base and arch entry - Same size windows with large spaces between on second level - Wood shades and false shutters - Roman roof tile with classic color bend 14 V A DETACHED CLUSTER BUILDING ELEVATIONS Tuscan Oth --MENT PLAN SUBMITTAL 02 Ar ,01 -450-013 PA1 51832 WITHEE MALCOLM ARCHITECTS I....SCA s I nitheemalcolm.c.cm 1. front elevation E 2. rear side elevation 3. side elevation 4. side elevation C.f11-0JJ t�� RC PECHANGA 20, LP SPANISH COLONIAL - Multiple low -gable roofs - Arch doorways, garages and windows - Decorated tiles at entry - Wrought iron planters at second floor - Spanish roof tile with classic color bend 14 v C 1 DETACHED CLUSTER BUILDING ELEVATIONS Spanish Colonial OEVELwMENT PLAN SUBMITTAL 02 APN 361-450-013 PA1 51832 WITHEE MALCOLM I/�/� ARCHITECTS 1. front elevation SPANISH MISSION 1 o9 - Low -pitch roofs with wide eaves - Thick arches on ground level -semi-independent bell gables and prosperous missions curved 'Baroque' gables on the principal facade with towers \ \ \ - Simple and plain stucco - Spanish roof tile with classic color bend 2. rear side elevation 3. side elevation 4. side elevation CJl44JJ 1d�RC PECHANGA 20, LP � 14 V 1 DETACHED CLUSTER BUILDING ELEVATIONS Spanish Mission 225 1.90th OEVELwMENT PLAN SUBMITTAL 02 APN 361-450-01 3 PAIS 1832 WITHEE MALCOLM ARCHITECTS torrancp. I ca .504 l s I nitheemalcolm.com 1. front elevation 2. rear side elevation 3. side elevation VIII 1 in 1111 , 1111 It .. uu,•un III DI um IIIIIIII _ 111101""' !iiirii 4. side elevation NOTE: COLOR PLACEMENT BASED ON SITE PLAN. CJl44JJ 1d�RC PECHANGA 20, LP� Spanish Colonial 101 MI M MMM 2 Spanish Mission 14 V C 1 DETACHED CLUSTER BUILDING ELEVATIONS Style Placement within a Cluster 225 1.90t5 OEVELNMENT PLAN SUBMITTAL #2 WITHEE MALCOLM ARCHITECTS 1.1 Q I master bedrm. 1111111111111111111 bedro m 1.1 second floor plan Utility Closet patio 2 0,Raraee, first floor plan ATTACHED CLUSTER 3 BDRM + 2 BA + 1/2 BA GROSS AREA 1 ,575 SF ATTACHED CLUSTER Unit -A Floor Plans -HENT PLAN SUBMITTAL N2 Ar: I Cy.:1J J l 6 WITHEEE��MALCOLM a r� 226 .. 1 tse et .e 1 ca.PPs s 1 1 ,., macoo-,,..m RC PECHANGA 20, LP � o„, 1 third floor plan second floor plan Cg 1'B JJ i e 0 RC PECHANGA 20, LP � first floor plan ATTACHED CLUSTER 3 BDRM + 3 ISA +1/2 BA+DEN GROSS AREA 1,864 SF ATTACHED CLUSTER Unit -B Floor Plans -MENT PLAN SUBMITTAL 32 Wil'ARCHITECTS WITHEE MALCOLM 225 .. sL eet I torrance I ea 20504317.211..05 1 nitheemalcolm.e.cm II �. ■moi n11 ,I7 ir 11 II p Atli I i r-1bb II mil second floor plan Cg 1'B JJ i e 0 RC PECHANGA 20, LP � first floor plan ATTACHED CLUSTER 3 BDRM + 3 ISA +1/2 BA+DEN GROSS AREA 1,864 SF ATTACHED CLUSTER Unit -B Floor Plans -MENT PLAN SUBMITTAL 32 Wil'ARCHITECTS WITHEE MALCOLM 225 .. sL eet I torrance I ea 20504317.211..05 1 nitheemalcolm.e.cm l!: third floor plan hull pato la 2 oa r garage second floor plan first floor plan Cg 1'B JJ i e 0 RC PECHANGA 20, LP � ATTACHED CLUSTER 2 BDRM + 2 BA + (2) 1/2 BA + DEN GROSS AREA 1,822 SF ATTACHED CLUSTER Unit -C Floor Plans -HENT PLAN SUBMITTAL #2 WITHEE MALCOLM A RCHITEC TS 225" nest 1POth st eet I torrance I ea P0504 I 310.217... I nitheemalcolm.e.cm -- 1■•I lelli, IR :ill SII pllll a m m == 1:1IL l ..,I!1I = I nn�_.j! 111.III �1111111I 1111 II I I II IIr na _. 1111FI ill hull pato la 2 oa r garage second floor plan first floor plan Cg 1'B JJ i e 0 RC PECHANGA 20, LP � ATTACHED CLUSTER 2 BDRM + 2 BA + (2) 1/2 BA + DEN GROSS AREA 1,822 SF ATTACHED CLUSTER Unit -C Floor Plans -HENT PLAN SUBMITTAL #2 WITHEE MALCOLM A RCHITEC TS 225" nest 1POth st eet I torrance I ea P0504 I 310.217... I nitheemalcolm.e.cm 111 11 bedroom 2 bedroom 3 second floor plan 111 111 11 LI patio III 22,27, garage first floor plan Lr Al ATTACHED CLUSTER 3 BDRM + 2 BA+1/2 BA GROSS AREA 1,636 SF ATTACHED CLUSTER Unit -D Floor Plans -HENT PLAN SUBMITTAL #2 C171�' 0 J J l� BCHITECTS WRTHEE MALCOLM RC PECHANGA 20, LP� 0 6 -i. Ise' �Ai�a2.oz1 �., ami, m r!!■■■■i 11,11„1111�11;;1 II�11111 second floor plan Gas Meters Utility Closet CvyB JJ l e 0 rRC PECHANGA 20, LP � first floor plan ATTACHED CLUSTER BUILDING PLANS First Floor Plan + Second Floor Plan OEVELc,MENT PLAN 6UMITTAL N2 Oth APN 361-450-013 PA1 51832 WITHEE MALCOLM ARCHITECTS I ....SCA. s I nitheemalcolm.c.cm 7 2 0?) 4..12 m,,> 2 1 WO i Nil ®IIIIII N11Iii Q 11 �!I !� 111 I11U MI :FM mg I I to roof plan third floor plan C.f11-0JJ t�� ATTACHED CLUSTER BUILDING PLANS Third Floor Plan + Roof Plan Oth BEVELNMENT PLAN SUBMITTAL #2 APN 361-450-013 PA1 51832 WITHEE MALCOLM ARCHITECTS R C P E C H A N G A 2 0, L P .A ....SCA. ! s �•, a�i,,,.�,m 1. front elevation 2. side elevation 3. rear elevation C.f11-0JJ t�� RC PECHANGA 20, LP SPANISH COLONIAL - Multiple low -gable roofs - Arch doorways, garages and windows - Decorated tiles at entry - Wrought iron planters at second floor - Spanish roof tile with classic color bend ATTACHED CLUSTER ATTACHED CLUSTER BLDG ELEVATIONS Spanish Colonial - Scheme 1 Oth OEVELNMENT PLAN SUBMITTAL 02 WITHEE MALCOLM ARCHITECTS 1 t.rrance 1 ca POs , 1 31,211.38E5 1 nitheemalcolm..m 1. front elevation 2. side elevation 3. rear elevation C.f11-0JJ t�� RC PECHANGA 20, LP SPANISH COLONIAL - Multiple low -gable roofs - Arch doorways, garages and windows - Decorated tiles at entry - Wrought iron planters at second floor - Spanish roof tile with classic color bend ATTACHED CLUSTER ATTACHED CLUSTER BLDG ELEVATIONS Spanish Colonial - Scheme 2 Oth OEVELNMENT PLAN SUBMITTAL 02 WITHEE MALCOLM ARCHITECTS I t.rrance 1 ca POs , 1 31,217.32E5 1 nitheemalcolm..m bedrm 3 second floor plan patio 2 oar garage first floor plan C.111-0JJ tQ 6 DUPLEX BUILDING -TYPICAL 3 BDRM + 2 BA+1/2 BA GROSS AREA 1,438 SF DUPLEX Unit -A Floor Plans -HENT PLAN SUBMITTAL #2 Wr°rWITHEE MALCOLM A R C H 1 T E C T S .. se eet I torrance I ea 405041 310.211.44E5 1 nitheemalcolm.e.cm RC PECHANGA 20, LP 42-5" i 11 1 111 ��• • I I I 1 !in �n? 1 Inl I I me me :ell 42-5" second floor plan 42-5' 10'-4" 19'_2" Ir I ,41 T==== utility/gas-------♦ meter I!I 111 11 • MT first floor plan utility/gas meter AC condenser DUPLEX BUILDING -TYPICAL DUPLEX BLDG PLANS -HENT PLAN SUBMITTAL N2 -450-013 PA1 5 1832 CJ J /�{vJ l 6 WITHEELLMALCOLM --- �_ a r� CH1TEC TS 226 .. ee et 1 t .e 1 ca. PPs s 1 1,., macoo-,,..m RC PECHANGA 20, LP y.:1 � o,, 1 42-5" LT roof plan C.111-0JJ tQ 6 RC PECHANGA 20, LP DUPLEX BUILDING -TYPICAL DUPLEX BLDG PLAN Roof Plan LLLPMENT PLAN SUBMITTAL #2 2211 -450-01 3 PA15 1832 WITHEE MALCOLM A RCHITEC TS nest 1POth st eet I torrance, ea P0504 I s I nitheemalcolm.e.cm adjacent unit bedroom window adjacent unit living room window adjacent unit living room window 2. side elevation 3. rear elevation G re JJ id ��RC PECHANGA 20, LP � 1. front elevation SPANISH COLONIAL - Multiple low -gable roofs - Arch doorways, garages and windows - Decorated tiles at entry - Wrought iron planters at second floor - Spanish roof tile with classic color bend 3 DUPLEX BLDG ELEVATIONS Spanish Colonial -MENT PLAN SUBMITTAL 02 WITHEE MALCOLM ARCHITECTS 226 .. se eet 1 torrance 1 ca 40504 1 6 1 nitheemalcolm.e.cm adjacent unit bedroom window adjacent unit living room window adjacent unit living room window o • 2. side elevation o\ 3. rear elevation 1. front elevation SPANISH MONTEREY - Multiple low -gable roofs - Square shape and sharp lines of early craftsman homes - Exposed heavy timber balconies with main entry below - Square windows with false shutters - Flat concrete roof tiles with dark -gray charcoal color blend 42 3 DUPLEX BLDG ELEVATIONS Spanish Monterey LL--MEN1 PLAN SUBMITTAL X2 Ar ,J01 -450-01 3 PA1 5 1832 Cof:1B J J l WTHEEMALCOLM 6 IA CHITECTS rw nest 190th eet 1 torrancp 1 ca. 9os s I acoo-,.u,m RC PECHANGA 20, LP second floor plan 11 first floor plan Utility Closet LEVEL 2 LEVEL 1 TRIPLEX BUILDING 2 BDRM + 3 BA + DEN GROSS AREA 1,582 SF TRIPLEX Unit -A Floor Plans -HENT PLAN SUBMITTAL N2 Ar: I -450-01 PA1 5 1832 Cy.:1 J J l 6 WITHEEEL�MALCOLM a r� CHITECTS 226 .. se et 1 t .e 1 ea P s 1 1,., macoo-,,..m RC PECHANGA 20, LP � o„, 1 11111 ISE • �� ����• • bedro m 33 bedroom 3 @®I second floor plan first floor plan LEVEL 2 LEVEL 1 TRIPLEX BUILDING 2 BDRM + 2 BA GROSS AREA 1 ,374 SF TRIPLEX Unit -B Floor Plans EL -HENT PLAN SUBMITTAL N2 Ar: I -450-013 PA1 5 1832 Cy.:1 JJ /�{vl 6 WITHEE�MALCOLM 226 .. se et 1 t .e 1 ea P s 1 1,.,amcoo-,,..m RC PECHANGA 20, LP � o,, 1 II • O den master bedrm. bedrm 2 !r4 second floor plan pI r II patio Gas Meters oar e oraee; first floor plan LEVEL 1 TRIPLEX BUILDING 2 BDRM + 2 BA+1/2 BA+DEN GROSS AREA 1,535 SF TRIPLEX Unit -C Floor Plans EL -HENT PLAN SUBMITTAL N2 Ar: I Cy.:1 BJ J l 6 WI 226 .. se et THEE�MALCOLM a r� t .e 1 ca.P s amcoo-,,..m RC PECHANGA 20, LP � o„,ti Gas Meters 63'-9" 16'_9" 10'5" 8'-2" 11_6 8'-5" 8'-8 e Utility Closet 65'-9" first floor plan Fire Sprinkle Riser location and Alarm Panel. Door shall be labeled as 'Fire Sprinkler closet & FACP' in contrasting color. LEVEL 1 TRIPLEX BUILDING TRIPLEX BLDG PLAN First Floor Plan EL --HENT PLAN SUBMITTAL N2 0 Cy.:11 JJ /�{vl 6 WITHEEMALCOLM nCHITEC TS 226 .. se et 1 t .e 1 ea P0s s 1 I amcoo-,,.u,m RC PECHANGA 20, LP � o„,ti CO 11 11 FJ 41114 111111111 par I1" 0111111111111M Ir 1111111111111 secon.loop p an II 111 ■ �r ® I11• I t 1 •IIIb !III 11' 1,111 II mil IIIIIII1111IIIIIIIIIIII111. 11 IN . second floor plan C.1:11- JJteljt� RC PECHANGA 20, LP LEVEL 2 A IA, n n n LEVEL 1 TRIPLEX BUILDING TRIPLEX BLDG PLAN Second Floor Plan --HENT PLAN SUBMITTAL 52 Ar ,01 -450-01 3 PA1 5 1832 WITHEE MALCOLM A RCHITEC TS 226" nest 1POth se eet I torrance I ea 2052,41 1 nitheemalcolm.e.cm roof plan LEVEL 2 LEVEL 1 TRIPLEX BUILDING TRIPLEX BLDG PLAN Roof Plan EL -HENT PLAN SUBMITTAL N2 Ar: I -450-01 PA1 5 1832 Cof:1 JJ /�{vl 6 WITHEE�MALCOLM 226 .. se et 1 t .e 1 ea P s 1 1,., amcoo-,,..m RC PECHANGA 20, LP � o„,ti 1. 111111 1 III 111 1111111 I/ '. 11. 111111 1111 1111 II 11111 1. front elevation adjacent unit bedroom window adjacent unit living room window 2. side elevation Fire Sprinkler Riser location and Alarm Panel. Door shall be labeled as 'Fire Sprinkler closet & FACP' in contrasting color. Cuyre J J l eljtB RC PECHANGA 20, LP d ' SPANISH MONTEREY - Multiple low -gable roofs - Square shape and sharp lines of early craftsman homes - Exposed heavy timber balconies with main entry below - Square windows with false shutters - Flat concrete roof tiles with dark -gray charcoal color blend 3 TRIPLEX BUILDING TRIPLEX BLDG ELEVATIONS Spanish Monterey -mENT PLAN SUBMITTAL 02 WITHEE MALCOLM ARCHITECTS 226 .. se eet 1 torrance 1 ca 40504 1 310.211.3210 2. 1 nitheemalcolm.e.cm 3. rear elevation 4. side elevation �i �6JJ tQ 6 RC PECHANGA 20, LP 3 TRIPLEX BUILDING TRIPLEX BLDG ELEVATIONS Spanish Monterey -HENT PLAN SUBMITTAL #2 22 11 ,01 -450-01 3 PA1 5 1832 WITHEE MALCOLM ARCHITECTS 226" nest 1POth se eet I torrance I ca g0504 1 0. 1 nitheemalcolm.e.cm 1. front elevation adjacent unit living room window adjacent unit bedroom window 2. side elevation Fire Sprinkler Riser location and Alarm Panel. Door shall be labeled as 'Fire Sprinkler closet & FACP' in contrasting color. Cy.:11- J J l eljtB RC PECHANGA 20, LP d ' SPANISH COLONIAL - Multiple low -gable roofs - Arch doorways, garages and windows - Decorated tiles at entry - Wrought iron planters at second floor - Spanish roof tile with classic color bend 3 TRIPLEX BUILDING TRIPLEX BLDG ELEVATIONS Spanish Colonial -HENT PLAN SUBMITTAL 02 WITHEE MALCOLM ARCHITECTS 226 .. se eet 1 torrance 1 ea 405041 6 1 nitheemalcolm.e.cm 3. rear elevation adjacent unit den window adjacent unit living room window 4. side elevation C1711- J J l /itB RC PECHANGA 20, LP 3 TRIPLEX BUILDING TRIPLEX BLDG ELEVATIONS Spanish Colonial 225" Oth -VENT PLAN SUBMITTAL #2 WITHEE MALCOLM ARCHITECTS I t.rrance 1 ca P0504 1 310.217M85 1 nitheemalcolm..m roof plan fixture WOW 1 1 , first floor plan GROSS AREA 1,717 SF CoyrB JJ l / RC PECHANGA 20, LP CLUBHOUSE FLOOR PLANS T PLAN spa A� 5183 . WITHEE MALCOLM A R C H 1 TEC TS n°°mlcolm.m,m 3. south elevation . east elevation (front elevation) 4. north elevation 2. west elevation (pool side elevation) SPANISH COLONIAL - Multiple low -gable roofs - Arch doorways, garages and windows - Decorated tiles at entry - Wrought iron planters at second floor - Spanish roof tile with classic color bend - Exterior Wall Paint to be Anti -Graffiti Paint CLUBHOUSE ELEVATIONS Spanish Colonial OEVELwMENT PLAN SUBMITTAL 52 361-450-013 PA15.1 832 Cof:1 :GWITHEE MALCOLM L ARCHITECTS G d d R C P E C H A N G A 2 0, L P ....SCA. 1 ��im �m SLOPE side elevation STANDALONE FRONT LOAD MAILBOXES - 'AF FLORENCE'#4CADD-10 OR APPROVED EQUAL, WITH STUCCO CAP AND PEDESTAL. TRELLIS STANDALONE FRONT LOAD MAILBOXES - 'AF FLORENCE' #4CADD-1 0 OR APPROVED EQUAL, WITH STUCCO CAP AND IIII®Y® PEDESTAL. Z ®I® front elevation C.f11-0JJ t�� h r—Tr— STANDALONE FRONT LOAD MAILBOXES - 'AF FLORENCE' #4CADD-1 0 OR APPROVED EQUAL, WITH STUCCO CAP AND PEDESTAL. TRELLIS MAILBOX RC PECHANGA 20, LP floor plan MISC. PLANS AND ELEVATIONS -MENT PLAN SUBMITTAL #2 Wil'ARCHITECTS WITHEE MALCOLM 226" nest 1POth se eet I torrance, ea P05041 6 1 nitheemalcolm.e.cm 1 ATTACHED CLUSTER - Spanish Colonial SCHEME -1 DUPLEX BUILDING - Spanish Colonial B H 2 9 00 000 CI m 13 ©©m 0 14El u uu nw ' II 1111 i 1111/ 11 _ II ■■ J .m II �7.� "AFT III, III II 1III` 111 0 frfrl A `F._ - 1111 an II_1 1,11111 ATTACHED CLUSTER - Spanish Colonial SCHEME - 2 00 00 El IT ICI II 1 11: aid K1 la E11 1,IJ1o00 In DUPLEX BUILDING - Spanish Monterey 1❑ LA HABRA STUCCO 2 LA HABRA STUCCO Eo X-50 so BABE NCO tmlch CONCRETE ROOF TILE Eagle Roofing - FLAT ROOF TILES Eagle 4880 Blend CONCRETE ROOF TILE Eagle Rorling - FLAT ROOF TILES SHPB]0] Sierra Blend EXPOSED TIMBER VINYL WINDOW/DOOR atiBalder eld te onzDark Chocolate ae I id 1■1■ X11 1111111 illi 1111111111111 ROI 11 ur 0111111 Ill Hill °II TRIPLEX BUILDING - Spanish Monterey ❑3 CONCRETE ROOF TILE Eagle Rochng - SDR/PE ROF TILES SMC8403 Sana Barbara Blentl STONE VENEER Coronado Stone - HON, LEDGE Slouv Falls 1 1 ®CONCRETE ROOF TILE Eagle ROCS TILES Kona Red Range DETACHED CLUSTER Tuscan TRIPLEX BUILDING - Spanish Colonial B UILDING COLORS P amtto match DUNN EDWARDS O DEHIITTE FEVER O OATMEAL COOKIE O IVORYSSS OATS C O - DESERT SUEDE 8208 O CREAM WAVE Rre DETACHED CLUSTER Spanish Colonial 8 9 9 g 1111 111111 1liI • M 0Y I A:4 CLUB HOUSE - Spanish Colo al TRIM COLORS Palnt to ma[tl', DUNN EDWARDS CHERRY COLA O 0,158 RICH MOCHA OF DEnr59 LOG CABIN OG DEar82 BISON BEIGE O DEc750 O - DE8391BLACRUSSIAN 1 VI NYLrSHUTTER 11 FIBERGLASS DOOR 12 FIBERGLASS DOOR o 13 IRON WORK 1 S IRON WORK 1 q CERAMIC TILES Mm Amey Four edam mermanuaa"m crap Ruam er Oao crap Rua - OOR20BA CCReoa ru Aged Copperr Clover Ins CMS Aged Copper Send Tae CMS Cy:11-0JJ i e 0 RC PECHANGA 20, LP � TERRACOTTA PIPE VENT Ce lgn T CerRana - Nd 3-HALFHaEVENT 16 GARAGE DOOR Amarr Garage Doors - Four Board (Span!. oolonlal Elevates) 16 GARAGE DOOR ...a.Garage Bla, Elevatoo'r Board ( 16 GARAGE DOOR arage Door' our u'ran Elevatihoard (Ton) MATERIAL BOARD — 1 -- VENT PLAN SUBMITTAL N2 Wil'ARCHITECTS WITHEE MALCOLM 225' nest 120,1et est Nuance 1 ....SCA. I 5 I nitheernalcolm.c.cm ATTACHED CLUSTER - Spanish Colonial SCHEME - 1 E LA HABRA STUCCO X-0 BASE EINIBH SE1N ❑ 3 CONCRETE ROOF TILE Eagle Roofing - 5 -TYPE ROOF TILES Santa Barbara Blend ❑e EXPOSED TIMBER 0 20A HABRA STUCCO dao float fila. CONCRETE ROOF TILE Eagle Roofing - FLAT ROOF TILES 5571 Village Blend 1-1g VINYL WINDOW/DOOR Jeld,en - V2500 Builder Series Dark Chocolate / Chestnut Bronze 111111 ggmom ©o m El 2 9 1 o uu �� ■ 111111 �1111� II 1 '1' r�� III ■■ 'IIII I'll VIII 77.���! 11111 ATTACHED CLUSTER - Spanish Colonial SCHEME - 2 CONCRETE ROOF TILE Eagle Roofing - FLAT ROOF TILES 5871 Village Blend STONE VENEER - HwEY LEDGE Sow Faust 1 1 -FEI VINYL SHFTTERour tl MO-Amenca-Lower 1 BUILDING COLORS Paintto match DUNN EDWARDS WHITE FEVER DEWans OATMEAL COOKIE IVORY OATS DESERTGSUEDE CREAM WAVE 11 FIBERGLASS DOOR -F5I FIBERGLASS DOOR Thermo ru-Masco Oran Ruske Thermo ru- Class° Craft Rustlo A DETACHED CLUSTER - Tuscan TRIM COLORS Palntro match DUNN EDWARDS CHERRY COLA Oi DEA156 DEA159MOCHA F IOI LOG CABIN O BISON BEIGE O BLACDE5331 RUSSIAN EI IRON WORK - JJ i e 0 RC PECHANGA 20, LP � El I -F/I, CERAMIC TILES CASTLE METALS Aged Dopper Clover Insets CM01 Aged Copper Fold TIIe CM01 DETACHED CLUSTER Spanish Colonial DETACHED CLUSTER - Spanish Mission 15 TERRACOTA PIPE VENT 3 H_E VENT atl 3 -O-HALF HOLE VENT MATERIAL BOARD - 2 --MENT PLAN SUBMITTAL 62 Ar -450-013 1,151832 WITHEE MALCOLM A R C H 1 T E C T S nest 100thseet 1 terra,. I ea P0504 I 310.21,1855 1 pitheemeloolmoco o/ 4,0"4 #4'0 • Igoe �*w s • do is aka MID ei IA di ID lib di II" WWI Mb _ *f4040.# t/ -. OILUO 585 88.8 of ENTIOWWATE0 UAL, BASIN I'Il'Il'IW11� SP 2 S, Q li uc- C4JJ ie 0 ��rRC PECHANGA 20, LP � SITE PLAN 0 CLUBHOUSE DUPLEX Spanish Colonl al DUPLEX Spanish Monterey TRIPLEX Spanish Colonel TRIPLEX Span sh Monterey ATTACHED CLUSTER Span sh Colonial Scheme -1 ATTACHED CLUSTER Span sh Colonial Scheme -2 DETACHED CLUSTER Tuscan DETACHED CLUSTER Spanish Colonl al DETACHED CLUSTER Spanish Mission BUILDING STYLE PLACEMENT CL5PMENT PLAN SUBMITTAL N2 WITHEE MALCOLM A RC H 1 T E C TS 0thso- moteIca..SPAI94?275SSS5 I,.,Imeemalcolm..m o�.os,e2fli;G PEDESTRIAN GATE PUELle',gcGES5: TRAIL •:• :--, 60005E GO0RT - PEDESTRIAN.GATE • PECHANGA PARKWAY MONUMENT SON NOTES STREET ACCESS .55 15155 >. ATT o„�,A� SEE E,,.� i Pun -,,,w• TrP. A. ALHAMBRA GROUP LANDSCAPoE licenARCsCHITE�CTURE RECREATION FACILITIES PLANNING .Toa 15 us 3o1T SEATNG MONUMENT WALL COMMON NAME SYSYRINCHIUM BELLI, BLUE EYED GRASS ENCELIA CALIFORNICA BUSH SUNFLOWER GRAPHIC SCALE DCDA SEE HYDROSEED MIX BELOW MONUMENT WALLS PARK ENTRY PREPARED FOR. RC PECHANGA 20 LP 353 E ANCELENO AVE., SURE A BURBANK, CA 91502 PHONE (323) 450-2334 CONTACT JOHN FRZPATRICK JOB 4115-138 PI ANTI,. RPOUIRPMPNTS 3.5- BON TREES 69 24. BON TREES 15 GAL TREES 195 TOTAL TREES 954 272, STE CALCULATIONS SITE AREA B7,992 SO. F. 20.15 NET ACRES SI -IR. AREA 1.53.979 SO. F. 84% OF LANDSCAPING BASIN BOTTOM AREA 2.040 SO. F. 1% OF LANDSCAPING AMENITIES AREA 29,477 SO. FT. 15% OF LANDSCAPING TOTAL LANDSCAPE AREA 19.1.99.5 SO. FT. 22% OF TOTAL SITE LANDSCAPE AREA IN R,O,W. 1,548 SO. FT. DIRECTORY / ENTRY KEYPAD MONUMENT WALL ACCENT PAVING VEHICLE GATES PEDESTRIAN GATE PLANTING LEGEND CYPRESS RIDGE TEMECULA, CA. COLOR LANDSCAPE PLAN L-5 SYMBOL WATER USE C263, '-T LE OITLn • O 246..eox 5 sc3 -,s.5Pre.9,-5•MIN. STAKE /recreT. 5-,o/„3i L ATE /Held e- N OUEEN PALM 8' BR.IR. 0 PLANT PEP BETA, - 36- BC, SIZE EOUNILANT WILLOW 24- BOY SPREADDOUBLE STAKE /HEIGHT EI -10.. 3.-4 MIN ®AUSTRALIAN s cu STAKE /'v LAC. F. T. ® LAGERSTPOEM. FAUERI CHITASPA TASHTeNTwnS UreA RED CREPE MYRTLE PANT FLOWERING cHTALPA 3z<3BaOY X169 w c/FIGHT,B O M DOUBLE Stell -� . SPREAD 3 .� IH. L IANAus PROSTRATE re. O C. DIE C. SreosTRATus �, T MCER BUSHY FRU. LEUCOPHYLL. ,. O.C.LEI, HEni. 1,3. HEMEROGLLIS HYBRIDS DAYLILy 1200 FuLL k BUSHY ®s 0464 MUO PAH MUOPOPUM PAPVIFotINM Puos,HATE MYoPOHHM , GAL. 1400 TRIANODiAH SPACING tttoAl NG ®s 0C. OTINIA 5 CAL 730 FULL & BUSHY 0 5' 0.C. tRTLE �oTN TOM BOTTLE BRUSH FRENCH LA,NDEP 5 CAL 000 FULL e.,. BUSHY 0 3' 0.C. FULL & BUSHY L SAL. CRE. SADO GREGG! AUTUMN SAGE 5 CAL 900 FULL .S.c BUSHY 0 3' 0.C. L ,YL CON. YYLOSMA CONGEST!, sHiNy .. H. P.P BAECHAres PLUtARs •PCEON POINT PROSRATE COYOTE BRUSH 1 GAL. 300 TRANcIJare SPACING .F.=• 0.C. L PAP. TRI. PAPTHENOCISSUS TRICUSPIDATA BOSTON NY 5 CAL 200 ATTACH TO WM 0 1, O.C. Oa BUC. DE<CT3 BUCCINATORIA BLOOD -RED TRUMPET ANE 5 CAL 150 ATTACH TO POST MULCH : WOOD MULCH FOREST BLEND WOOD MULCH 1 K,EDIUM GRIND WOOD MULCH1 3- MAX 1 AS PEO.D. 1 3.. DEEP TO ALL pLANTINC AREAS T.P. BASIN PL.,. NON -IRRIGATED HYDROSEED MIN - SEE LEGEND TO THE LEFI APNM 961-450-013 PA15-1892 a 5 W O 03 BUSS STOP W/SHELTER 0 1.11111Wallarig VII:MNIII11013.01EM7 0 ism ess EN an 31,in ma,R, 111, 11 11 0 .r 0 0 WALL LEGEND BLOCK WALLS U 4' TUBULAR STEEL FENCE VINYL FENCE 5' TUBULAR STEEL FENCE 0 2 RAIL WHITE VINYL FENCE® SEE SHEET L-5 FOR FENCE AND WALL DETAILS GRAPHIC S LE PREPARED FOR: RC PECHANOA 20 LP 353 E ANOELENO AVE, SURE A BURBANK, CA 51502 PHONE' (323) 453-2334 CONTACT JOI-t) FITZPATRI :K JOB 415-13/1 ALHAMBRA GROUP LANDSCAPE ARCHITECTURE Califor,. license //2017 RECREATION FACILITIES PLANNING n toe M15-138 6/30P7 CYPRESS RIDGE TEMECULA, CA. FENCE and WALL PLAN L-3 APN# 961-450-013 PA15-1892 IAwn .wEn me I ...� e• snn FACED BwOE op. minim OunR O BLOCK WALL © TUBULAR STEEL FENCE miiiiiiillllijhiiiiiiiiii 1111111111111111111111111111 ® VEHICLE and PEDESTRIAN GATES N.T.S. STUCCO FDASH TIP. CAST CONCRETE CAP RY WP F . PO aTr WaT mnu • m © DIRECTORY and ENTRY KEYPAD CORON.L0 LIMESTONE VENEER MIJE2 LEDGE. SOY% FALLS N.T.S. ID. TOLL FEW, CHANNEL LEITE STYLI AIM ��ER,,ar'GAM, 2. 'MIR COLOR TO BE CREW nvI. PRECAST CONCRETE CAP F�� �ANINAVIYr!�Wlr!�YI�1 i� © VINYL FENCE MONEY LEDGE. WOUX rAus E ENTRY MONUMENT YONOYENT WALL BE Ural ILL' CONCRETE FLOODLI D. MIDI X 2. DEEP D TRAIL rOF'PaSTLE10 7814 OF CONCRETE MB CO/WM NAM MURAL @ NN wNEa— O 2 RAIL WHITE VINYL FENCE D.G. TRAIL ALHAMBRA GROUP A LANDSCAPE II RCcensHITECT RE RECREATION FACILITIES PLANNING Joe A 15-13O 6-30-17 KEY 0 nxn. POST MITI PYRAMIDcw r.3 yr vmvTOP RA'L CG. VINYL OLOR Q r. Cyr run. EBorn, RAIL PLAN VIEW gralt STYLE. COLOR BY OWNER iFOIZA7LUBVNII.ITILE ' P''''AL iPRECAST CONCRETE COP apo _ nam emA FOY. ON BOTH SIDES m ELEVATION VEW ® PECHANGA and LOMA LINDA MONUMENT WALL N.T.S. PREPARED FORS RC PECHANOA 20 LP 353 E. ANOELENO AVE, SLUE A BURBANK, CA 91502 PHONE (323) 450-2334 CONTACT JOI-N FI ZPATRICK JOB 415-138 CYPRESS RIDGE TEMECULA, CA. FENCE and WALL DETAILS L-4 APN# 961-450-013 PA15-1892 SFE 110,1 6 6 SEE SHEET L-1 GRAPHIC SCALE 40 00 1 INCH = 90 FT. PREPARED F019. RC PECHANGA 20 LP 353 E. ANGELENO AVE., SUITE A BURBANK, CA 91502 PHONE: (323) 450-2334 CONTACT: JOHN FITZPATRICK JOB 815-138 PLANTING LEGEND SYMBOL BOTANICAL NANE NOTES. 7:070IPTV.:°0=0W0MvaroZ0T0(0:00' h..' 8. OLE E •F OLEA EOROPEA 0.40555' FRUITLESS OLAES 20 PON 33 DOABLE SAKE A HESPT .10. PP.., 5 -0 A0N L all. TAW [HHALPA 0451.5440,15 Pit, FLOWERING CHEIALPA 20 BOX 37 0008L5 SS. HM0HT OPP.. 0-0 SS ROSSARINOS OFFICVSSIS 'PROSTRATES. PROSTRATE ROSE.. 120 FULL AT SPREADING 0 0 0.03 DIE. VEG. DISES VEGETA FOFRNIGIA IRIS 60 FULL BUSHY 0 0 C LEO FRO LELSOPHYLLIA4 FRNESCEN5 SNAP RANGER FOLL W P05. 0 5. 0 C HESEROOALLIS HYPROP DAYLI. 1 CS 100 FALL P05. 1505 ORAN. At YELLS. W 0 0 C. MVO. PAR. ARIOPORUM PARVIFOLIUN PROSORSE ASOPORIIM 1 GAL. 135 TRIANGULAR SPACING 0 5. 0.C. PPO. FRA. PHOWNIA FRASER! PHOTINIA 90 FULL Ar BUSHY 0 3. 0 C CALLISTESON 00INALIS 'LISLE JOHN DWARF 1500LE BRUSH 78 LAVAS., DENTAT00 FRENCH LAVE.. 40 .0 S. PUSHY 0 3 0 C SALVIA GREGG! 4.0014 SAGE 50 NYLOSMA CONCESSIM SHINY ALOSMA 35 FULL AT BUSHY 0 5' 0 C RACCHARM PILLILARIP 'PIDGEON POINT PROSIRAIE COYOTE PRO. 130 TRANS/LAP SPACING A 5 0.0. PAR... PAPT, ROO., TISCOSPSATA BOSTON NY 5 CAL 20 STACH TO A/ALL 05 IS 0.0. 15,00 -RED 1.0,1 NNE 5 CAL 15 STACH TO POS ROOD SOLCH FOREST BLEND WOOD SOLCH .0104 GRIND ROOD SOLC. NAN , REVD DEEP TO ALL PLANTAR AP5, AP BASS PLANTA, NON0PRSATED HYDROSEED MN - SEE LEGEND TO .5 LEA ALHAMBRA GROUP LANDSCAPE ARCHITECTURE Co0forn,0 license (2017 RECREATION FACILITIES PLANNING Terne0000'r 0E0WrIsnsnreO SLM H6-6.963 JOB 15-138 6-30-17 CYPRESS RIDGE TEMECULA, CA. PRELIMINARY PLANTING PLAN L-6 APN4 961-450-013 PA15-1892 DEVELOPMENT PLAN SUBMTTAL 4 6 PRINT DATE 7-20-17 =31, riot WWI i eloswilda,6_ Ari -,:ortiooktria 31 moor LW," "t4 torlieuro eon dr:11dfol-to t .--...7.vot. _ Allropge - laINA oil%r SA de "44k V� 50 25 0 50 M0 150 SCALE ELEGEND — — — pro eorrras, ,aT NuueEvs 25 PROPOSED STORM - - srxo usw TE6 LwE xS� IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TENTATIVE TRACT NO, 37021 FOR CONDOMINIUM PURPOSES Michael Baker INTERNATIONAL DECEMBER, 2010 MODIFY MAP \ LM 1 1 1 1 i ]- LM 4 Pw Fano mpao„mEN 9 TEMECULA LANE 60' R/W PUBLIC [EN 1T- uEsTu. C/L MUIRFIELD DRIVE I I I I I I 1 =:fi 1 iPIeeainaINAaEE:MeNi.aCITvDTniPeaMz-va1-a DATED�e/ee/zooe N SP -12 / PROPOSED EASEVENT NOTES © IN ITNTAllrY u4 EXISTING EASEMENT NOTES ▪ AN BE VACATED) O Irvin DFMu Yur�,.ss. aur Dar SIA M,ISTN D.NEam-IN,5-rti.<PP45 SECTION "Y -Y gicama RIVERSIDE COUNT,. BENCHMARK --AND FRONT STREET. oG (DATUM USED ON PLANS) ELEVATION CawERSC.,N. ADD 2.ar • (ELEVATION 5 22 O13IRCE OF TOPOGRAPHY --- TOPOGRAPHY WAS COMPILED FROM AERIAL MAPPING BY MLA., AERIAL SURVEYS . OCTOBER 2005, BASIS OF BEARINGS NOTE THE BEARINGS FOR THIS SORVE). ARE E�A(POCH SITIONS5PARE SHOWN ON THE MFA FILED . BOON 1.2).2. PAGES 50 CALIFORNIA. BEING N 30'58'16,10" VI. ISAFRAI NOTES THE BASIS OF THIS MAP IS A PRELIMINARY TITLE REPORT PREPARED BY OLD REPUBLIC TITLE COWAN', UNDER ORDER NO. 2676005489-98 DATED „JULY 1, 2015 NO PESPONS.ILITY AS 10 THE ACCURACY OF SAID REPORT IS ASSUMED BY THIS MAP. 2 THE SUBJECT PROPERTY 1S DESIGNATED AS LYING WITH. ZONES -AE" AND "r ON U S DEPARTMENT OF HUD FLOOD .5,RANCE NOMDARY MAP. COMMUN1TY PANEL NUMBER 06085C 3305 G. DATED AUGUST 28. 2008. M THE CITY OF TENECULA. COUNTY OF R1VERSIDE. ZONE .AE. BEING DEFINED AS BASE FLOOD ELEVATIONS DETERMINED" AND ZONE "X'. BEING DEFINED AS "AREAS OF 0 2% ANNUAL, CHANCE FliOOD, AREAS OF n D AREAS PROTECTED eY ANNUAL ANLEVEES FROM ANNUAL CHANCE FLOOD - 3 THE AREA TO BE SUBDIV1DED IS 22.73 ACRES, OR 990,252 SOUARE FEET GROS,AND 20.10 ACRES. OR 878.992 SOUARE FEET NET±.6 LOT 2 WILL BE K., MAINTAINED LOT.8 ALL DIMENSIONS SHOWN HEREON ARE APPROMMATE9. THE PROJECT IS A PLANNED DEVELOPMENT OVERLAY.10. THE AREA SHOWN AS A POPT1ON OF LOT 87 OF TRACT ND. 21067 WILL BEACOUIHED FROM THE CIlv CF TEMECULA11 MDICATES ACCESS RIGFFS TO BE RELINQUISHED ON FINAL MAP. GENERAL DESCRIPTION EXISTVAUNT 2. EXISTING/PROPOSED GENERAL PLAN TCE/ �M (M) of DENT1AL Nc /PROPOSED zONINc r CORES( s. .-SED WATER SERVICE WILL BE PROM ND USE: SINGLE FAMILY NC MULTI FAMILY LIFORN1AL 6. PROPOSED SEWER SERVICE WILL RE PROM WATER DISRICT fEu o8. SCHOO 5 TEMECULA VALLEY UTNnEMPDOL DISTRICTf 7. ALL UTILITIES WILL BE UNDERGROUND P'11! SOUTHERN CALIFORNIA GAS SOUTHERN CALIFORNIA ED1SON VERIZON 9. PROPOSED NUMBER OF LOTS,,MBERED LOTS=2. LETTERED LOTS, (A -C) 12 'THOAA'S BROTHER'S GUIDE - 2006 ED1-11. RIVERSIDE COUNTY PAGE 979-C4 IDE LEGAL DESCR]PT ION: PARCELS 1 AND 2 Pr PARCEL MAP NO. 8856. . FIFE CITY OF TEMECULA. STATE OF CALIFORNIA, AS SHOWN Ey MAP ON FILE IN en, 41, PAGES 72 .41,0 73 OF PARCEL MAPS. . THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. INCLUS,,E, OF MAPS . THE OFFECE OF SAID RI rs RUNTY RECORDER. M RC PECHANGA 20, LP S E A PI -ONE: (923) 450-2339CITY OF TEMECULA RHONE: Fm: (951)694 ADPL I CAM RC PECHANGA 20, LP PHONE: (sF A 923) 450-2334 LOMA LINDA ROAD INumw 83 LECTOR R/W ,I PUBL0C_ STD PECHANGA PARKWAY 134' R/W PUBLIC wEaucEo °" TENTATIVE TRACT NO. 37021 CYPRESS RIDGE PLANNING APPLICATION ND. PA15-1693 SHEET 1 OF 1 SHEETS GI NEER Michael Baker INTERNATIONAL =mri SECTION A -A ZTE ,TVA,1 SECTION C -C ZTE PRIMARY ENTER STREET SECTION E -E iNFil.TIRATMN SECTION H -H CYPRESS RIDGE CONCE9TUAL GPADING 9LAN FOR TENTATIVE TRACT MAP 37021 & PA15-1892 CITY OF TEMECULA, COUNTY OF RIVERSIDE STATE OF CALIFORNIA SECTION B -B SECTION D -D PRIMARY ENTER STREET rAZ%'^'E'EE"AN c'e SECTION F -F SECONDARY ENTRY STREET SECTION G -G „seETE Tsox, RN. TEMECULA LANE 80' R/W PUBLIC 9DE 9DE E, s NG cox s LOMA LINDA ROAD i 77 63' R/W PUBLIC EAIL3 Crp-o.rs ...‘"'City of Ternecull, California Di5TiNG c x s PECHANGA PARKWAY 134R/W PUBLIC GENERAL DESCR1 PT ION 1. EMISTING LAND USE VACANT 2 EMISTING/PROPOSED GENERAL PLAN: PROFESSIONAL OFFICE/RD° 3. EMISTING /PROPOSED 3ON1NQ PO PROFESSIONAL OFFICE/PDO 4. PROPOSED LAND USE. SINGLE FAMILY A. MULT, FAMILY RESIDENTIAL 5 PROPOSED WATER SERVICE MLL BE PROVIDED BY: RANCHO CALIFORNIA WATER DISTRICT (PC10) 6. PROPOSED SEWER SERVICE WILL BE PROVIDED BY: EASTERN MUNICIPAL WATER DISTRICT (EM*D) 7. ,ILITHS WILL BE UNDER=N qE-FME SOUTHERN CALIFORNIA EDISON VERIZON CATV TIME WARNER 0 SCHOOLS. TEMECULA VALLE,. UNIFIED 5,4,1 DlSTRICT 9 PROPOSED NUMBER OF LOTS: NUMBERED LOTS=54, LETTERED LOTS. (A -D) ASSESSOR•S PARCEL NUMBERS: 901-450-012.961-450-013. 961-450-003 11. THIS TENTAT1VE MAP MCLUDES THE ENTIRE COWIN., OWNERSHIP OF THE SUBDIVIDER 12. THOMAS BROTHER'S GUIDE - 2006 ED1TION RIVERSIDE COUNTY PAGE 979-C4 LEGAL DESCR I PT ION: PARCELS 1 AND 2 OF PARCEL MAP NO. 8856. . THE CITY OF TEMECULA. STATE OF CALIFORNIA. AS 9-lOWN BY MAP ON FILE . BOOK 91, PAGES 72 A. 73 OF -'1,17,11Pj nT7 TVEIC..1n7.2Z7 'AnZIU,INTOYN.THE MAP FILED M BOOK 231. PAGE 91 THROUGH 48. INCLUSIVE. OF MAPS M THE OFFlCE Or SAID RIVERSIDE COUNTY RECORDER ASSESORS PARCEL NUMBERS 961-450-012, 961-450-013 961-450-003 UNADJUSTED EARTHWORK QUANTITIES F1E41 24.600 C., (RAW IMPORT) SOURCE OF TOPOGRAPHY PROPOSED EASEMENT NOTES: E TOirrisrP E r30T333in3070 4030 :=33 03 3 : 79933'3'3 EXISTING EASEMENT NOTES: i7I=AIGXIN • BE VACKrED1 0 0e.E,-FE330 .,30:EE0133,03333030030E1302i.343031303130 0330330330 303333:33033333000003030:3033303303333333303030.33033. 003303303033033333330:3330:030:3033303030333333030333033.333333 BENCHMARK RIVERSIDE COUNTY BENCHMARK 600-6-01 RESET 3-1/4' ALWINUM D1SK M TOP OF CONC CURB . THE NORTHWESTERLY RETURN AT MTERSECT1ON OF HI.WAY 79 AND FRONT STREET. NGVD29 ELEVATION = 996 009 (DAT.1 USED ON PLANS) NAVDBB ELEVATION CONVERSION, ADD 2 31•(ELEVATION = 999 1221 BASIS OF BEARINGS TGZtlF=gs' NATIONAL GEODETIC SURVEY. NAM, EPOCH 1.5 5) AS SHOWN ON TI -E MAP FILED M BOOK 102.PAGES 50 THROUGH 65 OF RECORDS OF SURVEYS M THE OFFICE OF OWNERS RC PECHANGA 20, LP 353 E. ANGEL:ND AVE., SUITE A BI_RBANK. CA 91502 PI -CNE, (323) 450-2334 DEVELOPER/APPLICANT RC PECHANGA 20. LP "1TE PFCNE: (323) 450-2334 NOTE; SEE ARCHITECTURAL SITE PLAN SITE SUWARY MFORMATION CONCEPTUAL GRADING PLAN FIJI; INFIR. ARCHITECT: Michael Baker TEmEcuLi..yr INTERNATIONAL 'fa=r,ZZCO'lr2 WITHEE MALCOLM ARCHITECTS s,eel I mance I .K5.1310.217.83. I wileeme.sim.com 1 I CHRIS MORLON 7/20/17 4 48 pm --- --Y Tr.= zr i P SED NF,s TuE E,s s + + T 4t1s. )� + MATCH EX I ST os+ LIP/7,1165N 57LE ;1- ss ,T E ,200 .,8 iilerimigi- Ir-iIt NFILTRATIDN BE «DDID„ HE CI W PE zi i� I� -zo.so _ FL'DODPLAN E PER ,W NUMBER ��- 0606 .3056 LATED: 8/28/2008 ros STREET 'A' SECTION "Y-Y NTS CLEAN NOI+CDRACTED .VEL keExv, a, FABRIC ALM TRENCH SI. NO CDROM. CLEAN PLP,NOLN, SAND INFILTRATION BASIN SECTION Gt/, g.IJ 4 /NTS� City of Temecula, California 40 20 0 9-6 fi RISERS SCALE: 1 .40 Michael Baker INTERNATIONAL 03.KERINTCc01.1 EMS, NG RAISED MED1AN TO BE REMOVED NTEN7 ION BASIN' . ACCESS' EMERGENCY VEHICLE ACCESS LEGEND DGEL T F SL RE TOP OF DERB FLOW L GH GRADE BREAK CURB 8t G.,TER SI LEWALK GB FH ST LT C. s/W STORM URA, N 5, PROPOSED PR P DOUBLE CHECK DETECTOR ASSEMBLY - DCDA TOP OF GRATE TG ----- TOP Y p TOE iNi HED FLOOR FF = 19.0 PAD ELEVATION PE 16.5 PROPOSED FN PROPOSED RATEOF GRADE !SHED CENTERL NE RESTRICTED ACCESS PROPOSED SEWER LNE PROPOSED WATEF+ LINE SIDEWALK FIR FDCE/HPI v�FIRE T,HNI NG TENFL ATE ASPHALT, C CONCRETE NE CIRAT ON SWALE DRAIN/. FLOW DIRECTION Gro CONCEPTUAL GRADING PLAN WITHEE MALCOLM A R CH I T EC TS 225 „a9- .,.,,o street ar' I ecsrn l e10 217..95 I,i,n= ron.w-T REVISED NMw[ A DAANKTS DDB KNS WOOD CHIPS 10 MEET MOST CURRENT GI.0 TEMECULA STANDARDS. s♦ 0 EXISTING UNAUTHORIZED VEHICLES DISPLAYING FOR PERSONS WITH DISABILITIES VAR BE MAY BE RECLAIMED AT OR BY TELEPHONING SITE ENTRANCE SIGN 'VAN LOADING' SIGN R FOR VPN ACCESSIBLE PARKING SPACE ONLY. SEE SITE PLAN HANDICAP SIGNAGE PARKING STALL SIGN (CENTER ON PARKING SPACE) .IISTING DRINKING FOUNTAIN TO REMQIN PLACE Ad'ADA PATH 0 TR VEL NRUNcp€D D9ME3-A SIDEWNLK-NER ERS �PLXNS. / 44. + ^.....�'IIit- srFBARKINANC.EMIGEITra A.ACCESS FROM CITY WALK PARKING SPACE EMBLEM SNF EXISTING TREE T.. TO REMAIN IN PLACE ADA S.. SEE DETAIL GRAPHIC SCALE SO SITE PLAN ALL 11),S. DE5ICIAS. APP.Gaiflu-r, REPRESENTED HEREON PRE -HIE PROPERTY OF ALI-10..P., CROUP LANDSCAPE APCI,C, e. SHALL BE USED FOP TPIS PROJECT ON, [KEPT WITH TH IITEN PERMISSION OF S.. ARCHITECTS. NV GE P DIETER T ID SE ALL LI PITECTO OF RESPONSIBILEIY FOR THE FACILITY OR ECU PORTION THEREOF. CONTRACTORS SHALL KPIF, ALL DIMENSIONS AND CONDITIONS PRIOR TO TPE STANT Or NV WORK SHALL REPORT Mr DISCREPANCY TO THE ARCILEIECT CYPRESS VILLAGE PALA PARK RC PECHANGA 20 LP yo g drawn: V.D. checked: V.D. date: 8-24-16 SHEET L-1 of 2 sheets JOB NO. 15-138 N.T.S. PALA PARK SCOPE OF WORK FOR BATHROOM BUILDING: CLEAN EXTERIOR WALLS !PROTECT GRAFFITI COATINNE BATHROOM DOORS, PAINT DOORS AND DOOR FRAMES REPLACE DOOR HARDWARE REPAIR/REPLACE INTERIOR &5E TILES FLANT INTERIOR WALL k CEIUNG SURFAC6 INCLUDING LIGHT IXTURES REPLACE LIGHT FIXTURE DIFFUSERS AS NECESSARY ( EEDETAIFSPROVDEC CLEAN FLOOR SURFACE REPLACE INTERIOR PARMIONS REPLACE STAINLESS PLUMBING (SEE TXTURESI(SEEDETAEOLSPROVDED) 2 EA WALL MOUNT LAVATORIES WITH SOUP DISPENSER 2 EA METERING FAUCETS 5 EA WATER CLOS, WITH FLUSH VALVE 1 EA URINAL WITH FLUSH VALVE REPLACE BATH HARDWARE 5 LA PARTITION DOORS ] EA 'INDESTRUCTIBLE' WHITE SINGLE ROLL TISSUE DISPENSERS RESTROOM BUILDING AS—BUILT ALL IDEAS DEi ORS. ,ANGEHEN EPP -ER RE THE FROPER, Of Ai-, BP, H TE T- THE VIRITEEN ,RIAISSICA OE SA, ARCHITEOTS ANY NHANCE IAADE ET ES 0 -HCR TTA ARACHITE HALL L H TEO, RESPO E. BLIP TT= PAC LE, OR REC-ED PORT TT- RAC -MRS SDI, VERIFY ALL EWE, MS AND T PRI, if T -E START Of ANY PORN N S ALL REPO, AAT DISCREPANCY , ,C11,, REVISED PROJECT. CYPRESS RIDGE PALA PARK drawn: V.D. checked: V.D. date: 8-24-16 SHEET L-2 of 2 sheets JOB NO. 15-138 �I mo .I.� .�. . 1i�II 16q�I,wT �� � T r, e 1 BI Il 1 MMeC� eL " m. -,7 i { 4 3.c mn_ �_ l' couviee'sTc H f N- —_ A o \ � �1� 4 � =-11 t oa c 0c ,°mo eNSTs-' 11 1I11111' 11 STORAGE /CONCESSION \ �,/ ���� ) \ HM m a{11111 u'tUi ; IIID YYY 1111.1 7 �6 ���E� \ JLI Km ELEC. �C2� I' R O oMAWTENANCE ID 11 0 II 111 's ,,--,. v d� 1- d#aa, ezeTnn mj,. ©0� �� rc 4 1 1 I�I ;� 11 111 1;1;1; a, sl _ . ✓� 1 Mi -1111 �.�( 1 T !—y'{ . 1113 If'S�T`Ir}.-i ,=a PNeITm)© ,, LJ' 111d�y,. III WP f — "I � `Js<MN� I' ri ©�r v m �® ) o _ -s - _� \J 1 11 ® III IMI 1111111 tri' 44 ? V%OMEN'S �( 05 ) man CD (_O 111 LS ----Z. /4 r o Y s®! III rpyY `�' L_ , U �6/iMI� LEGEND q,, ,... YY BUILDING I ROOF PLAN'e BUILDING I FLOOR PLAN scAL, PL -o0 A RE2L ro FOL � FSEALcm , E hs AVP 0\ BY g/j �.. j ,,o, y PALA - .-BENCHMARI-^ BUI_DING - CITY OF TEM CULA COMMUNITY KIRK PLAN PW 8393050'"`"" A 10 Hbr/Ll/""iy a/ehj ".. .. ,•^,, •.. it '"'L A II FARE g`lyg3- iW FLOOR ( '"L ^= — Lo 0 u.r N.T.S. PALA PARK SCOPE OF WORK FOR BATHROOM BUILDING: CLEAN EXTERIOR WALLS !PROTECT GRAFFITI COATINNE BATHROOM DOORS, PAINT DOORS AND DOOR FRAMES REPLACE DOOR HARDWARE REPAIR/REPLACE INTERIOR &5E TILES FLANT INTERIOR WALL k CEIUNG SURFAC6 INCLUDING LIGHT IXTURES REPLACE LIGHT FIXTURE DIFFUSERS AS NECESSARY ( EEDETAIFSPROVDEC CLEAN FLOOR SURFACE REPLACE INTERIOR PARMIONS REPLACE STAINLESS PLUMBING (SEE TXTURESI(SEEDETAEOLSPROVDED) 2 EA WALL MOUNT LAVATORIES WITH SOUP DISPENSER 2 EA METERING FAUCETS 5 EA WATER CLOS, WITH FLUSH VALVE 1 EA URINAL WITH FLUSH VALVE REPLACE BATH HARDWARE 5 LA PARTITION DOORS ] EA 'INDESTRUCTIBLE' WHITE SINGLE ROLL TISSUE DISPENSERS RESTROOM BUILDING AS—BUILT ALL IDEAS DEi ORS. ,ANGEHEN EPP -ER RE THE FROPER, Of Ai-, BP, H TE T- THE VIRITEEN ,RIAISSICA OE SA, ARCHITEOTS ANY NHANCE IAADE ET ES 0 -HCR TTA ARACHITE HALL L H TEO, RESPO E. BLIP TT= PAC LE, OR REC-ED PORT TT- RAC -MRS SDI, VERIFY ALL EWE, MS AND T PRI, if T -E START Of ANY PORN N S ALL REPO, AAT DISCREPANCY , ,C11,, REVISED PROJECT. CYPRESS RIDGE PALA PARK drawn: V.D. checked: V.D. date: 8-24-16 SHEET L-2 of 2 sheets JOB NO. 15-138 PALA PARK 1 Plact,k Animal and Sign Language Panels 2 Kids Choice Playhouse 3 4 1 Generation Swing, 2 Tet Seat Swings, 2 Child Seat Swings Fabric Umbrella, Electronic Chime and Piano Panel, Bell, Xylophone and Calypso Drum and Deck 5 10' Hip Crawl Tube 6 3- Range Stump Perches and Chunky Trekker 7 1- Stump Stepper and Angle Log g ATV Spring Rider 9 Self latching Gate 17 Square Transfer Point with Stump Fabric Umbrella with ADA deck, Dinosaur Panel, 10 Electronic Animal Panel, Nature Pad Hoppers and Side 10 Stump Steppers, and Leaf Climber by Side Slide F7130 umbrella with AOA Deck, Nature Twisted Vine FabncUmbrella, ADAKamp Entrance/Exit, ADA Deck, 11 Climber, Nature wall, lookout Rock and Avalanche 19 ADA Side Step with Handholds, Nature Wall and Slide Ground Log 12 Saddle Seat 13 Barrel Ride 14 Fabric Umbrella with seating Welcome Panel Free Standing Listing Aga Groups for Play Areas Fabric Umbrella with AOA Deck, Bongo Stump Perch, Nature Canyon Climber 15 16 20 Raccoon Log and Bongo Stump Stepper 21 Acorn Climbers, Leaf Climber, Ground Log 22 Alia Glide 23 Ten Sp in 24 Hop Rocks and Ground Log Wrought Iron Fence surrounds Playground Area SITE DIMENSIONS TO BE VERIFIED BY THE FIELD AND REPRESENTATIVE EXCLUSIVELY BY CUSTOM DESIGN GROUP JULY 14, 2016 DESIGNED FOR AGES 5-12 AGES 2-5 SCALE:32" = 1i-0" SURFACING:8,500 SQ FT I Q o • ❑❑1 E X1871,4 MAINIENANCE ROOM e 666 1.FLOOR PLAN EXIFINGRWmCIIRICAL EXTERIOR ELEVATION 1 EXTERIOR ELEVATION 2 On�„60�F O 2. INTERIOR ELEVATIONS ��'Bre: h� p JJ l fj RC PECHANGA 20, LP O FAMILY BATHROOM-PALA COMMUNITY PARK DES ELoPA,ENT P1_41, 3IAI TAL µz WITHEE MALCOLM A R C H I T E G T S 0 ER ER o ER ER El] Eb EXTERIOR ELEVATION 2 On�„60�F O 2. INTERIOR ELEVATIONS ��'Bre: h� p JJ l fj RC PECHANGA 20, LP O FAMILY BATHROOM-PALA COMMUNITY PARK DES ELoPA,ENT P1_41, 3IAI TAL µz WITHEE MALCOLM A R C H I T E G T S 0 Stainless Steel Security Fixtures Model #4110 304 Stainless Steel Blowout Flex -Flush Toilet gar •HET 1.28 gpf with large 2-3/8" waste waterway and 1.6 gpf with large 3" waste waterway for easy flushing and less stoppages •Flex -Flush designed trap will pass 2-5/8" diameter solid waste material •Durable stainless steel construction - great for public restrooms •#4110 model (pictured): 1-1/2" FIP back supply connection - for concealed flushometers •#4115 model: 1-1/2" MIP top supply connection - for exposed flushometers •Satin finish exposed surfaces except for integral seat area •Integral elongated seat area polished to bright mirror finish •Optional HS drilling to accommodate hinged solid plastic seat •Vandal resistant 14 gauge type 304 stainless steel •Designed to withstand 5000 Ib. load weight without damage •Self -draining flushing rim •Blowout flushing action •Fully enclosed trap •Requires 1" incoming supply line •2 3/8" OD (1.28 gpf) or 3" OD (1.6 gpf) toilet waste outlet extends 4" past back of fixture for no - hub connection •Can be installed to meet ADA height requirements Manually Operated Flushometers Back supply Sloan Model 9603 Series Flushometers Back supply Sloan 9603 Series •Alternative to a top supply valve when extreme vandal protection is needed. •The flushometer is mounted behind a wall and is conveniently hydraulically activated with the push of an exposed push button mounted into and through the wall. The push button is ADA Compliant with a non -hold -open feature and can be mounted to either the left or the right hand side of the toilet. •The 9603-1.28 MBFW or 9603-1.6 MBFW (metal button fixture wall actuator) include a wall clamp and threaded rod for through the wall installation for walls up to 8" thick. A spacer is provided for walls less than 2" thick. Stainless Steel Security Fixtures Model# 7165 Top Supply Urinals - Handicap Urinal Fixtures •Back mounted, wall hung •Designed for high security areas with an accessible pipe chase •Fixtures are fabricated using 14 -gauge type 304 stainless steel seamlessly welded to form a one piece, tamper resistant fixture •Flushing rim provides a full sanitary washdown of the interior •Flush valve sold separately •Integral trap is fully enclosed •Plated steel concealed anchor rods with nuts and washers •7160 back supply connection 1-1/2" FI PT •7164 top supply connection 1-1/2" MIPT •3" OD stainless steel fully enclosed trap with blowout jet •3" OD stainless steel discharge waste pipe •Plain end waste extended 4" past back of fixture for flexible type pipe connection or no - hub •Fixture meets ADA requirements when properly installed per ADA guidelines •1.5 GPF Stainless Steel Security Fixtures Aero HSFHACCP Commercial Hand Wash Sinks •Includes HACCP approved metered faucet and basket •20 gauge stainless steel •Aero sinks are NSF Approved and are made in the USA using an eco -friendly manufacturing processes. •Dimensions: BOWL: 10" width, 14" length, 5.5" deep UNIT: 15" width & 17" length Urinal Flushometer Exposed Urinal Flushometers - Regal° Series rT II •PermexTM molded rubber diaphragm, handle packing, stop seat, & vacuum breaker provides chloramine corrosion resistance •3/4" IPS screwdriver angle stop •Chrome plated •Spud coupling & flange for top spuds •One piece bottom hex coupling nut •High copper, low zinc brass casting for dezincification resistance •Non -hold open handle to ensure maximum water conservation •Optional XL packages available - includes ADA handle, vandal resistant stop cap, and sweat solder adapter kit •ASSE 1037, ANSI/ASME 112.19.6, & military spec V-29193 compliant •Buy American Act compliant (note for participating products) Vandal Resistant - Linear LED Eaton FWLDL LED Confinement Lighting FWLDL FWLDL [15 mm] •Fail -Safe FWLDL (down only) wall or ceiling fxture combines security features along with diminutive size, attractive styling and LED technology. •Less than 4" deep, a dedicated back -pan combined with a one-piece housing maximizes impact resistance and prevents unauthorized fxture penetration. •Available in 14 guage 18", 2', and 4' lengths with Polycarbonate sheilding up to 0.25" thick. •Ideally suited for schools, mental health facilities, stairwells, corridors, detention centers, and public transportation areas. 3-314" 196mm] Double Roll Toilet Tissue Dispenser Ex -Cell 200D WHITE •Indestructible Double Roll Toilet Tissue Dispenser in White Gloss. Vandal resistant 3/8" thick steel, available single and double styles. Vandal Resistant Partitions Hadrian HDPE Partitions Solid Plastic TOILET R'AFIT1TII NS BUILT TO LAST Hartriaris solid plastic toilet partitions are made from durable high dens¢y polyethylene (HDPE) marcnsl and are the Ideal chaste for Pugh abase Lanus such as schools. sTadauur . paries and amts. Hadrur.'s p rnsons are Berg red to %rand strong and overcome abase. They w di nor. &immure. dent., hake, cradle or break) CERTIFIED CLASS l3 FIRE RATIN mg all said plastic is created equal. Make surd. you are gating oceafiedCLASS B solid plastic and accent nothing less when drat Ieael of perfermacce Is req L Hierran offers a full range of certified QkSSBakin; that roger :he reciirrmeresofjSC1.dEBi. SOLID CORE wrril NO AIR POCKETS Hadrian's plastic material features s sold mrd. Char docs: not contain foaming agents. which mo cause the forma -Dar, of air poeketr. EASY TO MAINTAIN From a mainmast -1,c a point anew. mathing tcwldhe easier! Hadeaari's solid plastic parcr. rs practically take cue of Thernse1ue4, making them an Ideal cadre fop herds waslunom environments. CIRAFFITl RESISTANT Hadriasi's add plastic re511ea partitions offer elICIMERT graffna resistance, allowing most graffiti to be remained. TI-IERE WHEN YOU NEED IT I Lafiels, has the right lead Omer To mut any reewremer.._Sohd, plastic :oL :La unions sh p from stock within S bt+slnxsc daps and tori. s-ockcolon shop wuhin 2.5 -ma. With MI. es tint dehnsr4es. HadrnaTttcvitimuesnoset the standard farfag reliable s hap ping. INDUSTRY LEADING WART ANTY With The best warramry u rhet usiness.:lati"uo u confident char its partitions will grand the rest of T.rce. l- adrun-s 25. year solid plastic wrareacrq protects agarbreakage, desrmriamn arid., corrosion, itadtisuf Said Ftwath I wwwiwrarkirir.4r1r: ccm Vandal Resistant Partitions Hadrian HDPE Partitions Styles HEADRAIL BRACED Hesircul braced compartments are a great chores for virtually any facility. nurse units are espccully rrcoattmendwd m heavy use areas such as schools, mstarurnor6 and industrial settings. The anrl•grtp top tail dieters hansesous solely what rnsntrmg a nod and senate mstallatwn. CEILING HUNG Cr,tng hurt units present a clean. contemporary appearance. They permit quack. easy Lienor rna:atenance. especially vrfren confined with wad lung fixtures_ Ceiling bung partitions me recommermdei For rn.atierrurattari where a drop ceding or amen span construction can by used FLOOR TO CEILING Moe so Denting units are esteetndy strucag Arad resistant to abuse IS theyaersecurely connected to the door ceprng at:d walls. This mn6eteranaes s total for hegh abuse arra and tnstallattoets that require titra durabthry. SCREENS WALL MOUNTED SCREEN • Simple and econou„ua .irstgn • Prmuts tatty maintenance and &or deanai g • 4.8' inch to meet Interne:wrul Plumbing Code requirements FLOOR MOUNTED SCREEN • SSuppor ted by a 5' (_..:7=0 Noor tmr.ntei pilaster • Gres: opt= tar vandal prove installations 3 1.1.u, 1.u, Soli P414x 1 www.hatinan-nc.[rorn Upgrades to Pala Park — Bird's Eye View Rendering Upgrades to Pala Park — Miracle Play Equipment Rendering 1 Custom products are shown as conceptual. Upgrades to Pala Park — Miracle Play Equipment Rendering 2 Custom products are shown as conceptual. Upgrades to Pala Park — Miracle Play Equipment Rendering 3 Custom products are shown as conceptual. Upgrades to Pala Park — Miracle Play Equipment Rendering 4 Custom products are shown as conceptual. Upgrades to Pala Park — Miracle Play Equipment Rendering 5 Custom products are shown as conceptual. Upgrades to Pala Park — Miracle Play Equipment Rendering 6 Custom products are shown as conceptual. Upgrades to Pala Park — Miracle Play Equipment Rendering 7 Custom products are shown as conceptual. OPTION A 24" 18" 12" 60" — 147/16' — S/F ART MEMORIAL t A 1❑ ALUMINUM CAN - STONE VENEER E2 CAST BRONZE PLAQUE W/ RAISED SQUARES & COPY 3❑ ALUMINUM METALPHOTO - MOUNTED TO BRONZE PLAQUE ® PRE -CAST CONCRETE CAP SPEC TBD CORONADO HONEY LEDGE -HURON IMAGES FOR PLACEMENT ONLY HI-RES IN PROJECT LINKS FOLDER rcHome_Potteryl Sepia.jpg rcHome_Pottery2 Sepia.jpg r NEED HI-RES FOR IMAGE 3 (BLACK BACKGROUND) SIDE VIEW OUTDOOR DIMENSIONS (Please Check Gael CLIENT APPROVAL sFAxDRE El SHOWN lio APPDOVu ❑WITH CHANGES MO YOUR SIGNATURE ACKNOWLEDGES FULL APPROVAL OF DESIGN LAYOUT ANO CONT.,, RELEASING OUTDOOR DIMENSIONS FROM RESPDNSMIUTY IN REGARDS TO INCORRECT DESIGN AND INFORMATION. TNF COLORS SHORN REVISIONS' 1.00 0 SCALE 3/4"=1 DATE: 3-10-17 Al 5 A 4-3-17 JF A5-23-17JF 50 A CONCEPT PROJECT: CYPRESS RIDGE FINAUDWRRwu FE MATCHEDAS RLEEEAEP SSBIF. DUETS MATFAlA15 NT COLOR CALI OUTS. USED. DnxESIGNS ETIMPROPERTYOFOUTDOORDIMENSIONS UNTILPuxcxnsm BY DANT �' 6/1/17 JW 0+ m 5325 E. HUNTER AVENUE WANAHEIM, CA 92807 714-578-9555 FAX 714-693-9578 A..6/27/17JW .25 .5 A WORKING ❑ CLIENT: RC HOME INC. .75 A7-5-17 RR .50 A SALES REP: JC rDESIGNER: ACM AUTHORIZED SIGNATURE DATE A A DRAWING: THE EVICTION OF THE TEMECULA INDIANS PART II THE EVICTION OF THE TEMECULA INDIANS PART III INDIAN A=rE,OUNTEo.NPLErrEawa.rrENeYTHEPE,HwNGwPEOPLE TOTHE LO,L INDIAN P,ENT °DIE OF THE LIVE TO,K THEY TOOK WITH THEM PT THE TIME OF OUTDOOR DIMENSIONS W 5325 E. HUNTER AVENUE W ANAHEIM, CA 92807 .., 714-578-9555 FAX 714-693-9578 1 3/16" 72" 48" 4" 5/g"= 4 1/2" 36" THE EVICTION OF THE TEMECL. PARTI Dwv�o APTNEP, HAP E ,A1,1a�eoro E,EoawrvooWN MAGA wrvoxis au ea Cxwaivs Sanmwrv, ae;Ea�reo THE mwo�srawrq ]awry s� Aar earxewssys mRervreOxeTemecau lrvo�wrvs wNeaervor WITH THEIP DE,GNATED LAND ro ,I,E THE APEA ANOGegmnn.rHAD PEEN qe Trr�,re oe Gawawiaee H�awwo eerweery MEx�co wrva rxelJrv�reo Srwrvs,Irvo�wrvs weaero eeoawrvreo U. S. c�r�zervsx�e wrvo _ _ 2 SIDE VIEW FRONT CLIENT APPROVAL: (Please Check Box) ❑ AS SHOWN ❑ iowavPaovu suemiT ❑ WITH CHANGES AUTHORIZED SIGNATURE DATE YOUR SIGNATURE ACKNOWLEDGES FULL APPROVAL OF DESIGN LAYOUT AND REVISIONS: CONTENT, RELEASING OUTDOOR DIMENSIONS FROM RESPONSIBILITY IN 0 6/1/17 JW .25 A REGARDS TO INCORRECT DESIGN AND INFORMATION. THE COLORS SHOWN 0 ARE ONLY REPRESENTATIVE OF ACTUAL PMS OR PAINT COLOR CALL OUTS. FINAL COLOR WILL BE MATCHED AS CLOSE AS POSSIBLE, DUE TO MATERIALS USED. DESIGNS ARE THE PROPERTY OF OUTDOOR DIMENSIONS UNTIL PURCHASED BY CUENT. 0 SCALE: 3/4"=1 ' A A A CONCEPT: WORKING DRAWING: LJ S/F STORY SIGNS 2 3 1/8" THICK ALUMINUM PANEL -PAINTED - SCREEN PRINTED COPY & BORDER 4" X 4" ALUMINUM POSTS -ALUMINUM CAPS -PAINTED 1/8" ALUMINUM BRACKETS -PAINTED ® • MAP TUCSON GOLD ©■ MAP DARK BRONZE © ■ BLACK DATE: 5-23-17 PROJECT: CYPRESS RIDGE CLIENT: RC HOME INC. SALES REP: JC DESIGNER: JF 1.25 CitroJ6.r Ridge Crest Real Estate 353 East Angeleno Avenue, Suite A Burbank, California 91502 323-450-2331 cro.,., xdiso Common Area Amenity Equipment Prepared For. RC—Pechanga 20, L.P. Recommendations By: Alhambra Group Landscape Architecture 41635 Enterprise Circle N, Suite C Temecula, CA 92590 Phone: (951) 296-6802 Fax: (951) 296-6803 March 2016 Tot Lot Play Equipment Miracle Play Examples of Play Equipment for the Amenities Areas as shown: Tot Lot Play Equipment Plan (Miracle Playground Components) PLAYCOVER SHADE TOPPER 18' X 18' PYRAMID 71$-849-1 SP TOT ROCK CLIMBER 718-787 CIMBERR(4E DEO{} W L \ TENSILE ADDER 2) ATA 5r 718-8107-9 MOGUL SLIDE 718-728— ST STOP OW DECK) 8-71.5-7B gal. act Ca^Ja:IFI: 45-55 SIDE—BY—SIDE SLIDE 798-790 1319 TIMBER LOG CUMBER (4' MEN) 718-623—C DNA CUMBER TO DECK 718-561-5 L'Ar x sv"�Sm `mup.�.; Yfs Odd^M,1Jixizrz-,1'..%nsidkfi"ntr4u Yi�x4,Ifti.V.mt..ap 114tr4-r ^x e. Isys IIh'Pdnl9p Im wlmis mtl:u[misss of Te:"yplgal�ImexSGlle ch)Flslem �nC �rc��l ales lrt s=�PtrY� THE PLAY COMPONENTS IDENTIFIED IN THIS PLAN ARE IPEMA CERTIFIED. THE USE AND LAYOUT OF THESE COMPONENTS CONFORM TOME REQUIREMENTS TS OF ASTM F1487. AN ENERGY ABSORBING PROTECTIVE SURFACE IS REQUIRED UNDER 8 ARCUNE}ALL PLAY SYSTEMS. 718—S099K GROUND SPACE: PROTECTIVE AREA: OMPIJES TO CPSC 26, y5, COMPLIES TO ASTM X38' X 31' ✓ COMPLIES TO ADA DESIGNED FOR AGES 5-12 SCALE: 1"=5'.0" _1RDATE: 12/19/2013 0 0 CINDI `Miracle 718-50991( Seating Area Tables Quick Crete Products Precast Concrete Model# QR-42FC3 (Example Photos) 161111 111!1111,, ,,i " Seating Area Tables • INSTALLATION IS REQUIRED BY OTHERS. • ALL EDGES TO HAVE 1/4" RADIUS MIN. • MANUFACTURING TOLERANCE ±1/4". • PRODUCT: OR-47FC3 • QUANTITY: • CONCRETE COLOR: • CONCRETE TEXTURE: • SEALER: STANDARD GLOSS SEALER • ASSEMBLY ItEOJPE(Q • FA+ D54ARE NCLJJED • LUIRELLA I4DLE LCIRCLE YES OR NO) 32 i1" APRQX. WT. 21: LL1° Aulhurtxrd Styrlature Date m .Q,p own" I. 9,Ar ar. 44. Fl4Lr 31 Mgr) s is •f'kr a '14` tkica r za' PLAN VIEW CK CRETE 11 O D U C T$ CORP. 711 PAR!(R10• a *VA. 14•114.0. 054.1110 NON 737-0140 Fitt 0010 78 7-7 311 "Irtr.OFi$11130F371.40M rt M ELEVATION VIEW CONSTRUCTION PLAN puotaics MAR POUR FOOD COLT TABLE (GR-41FC3) te = I' 7As. +•c 1 Seating Area Benches, Trash Receptacles Seating Area Benches Quick Crete Products Precast Concrete Bench "El Monte" Model # Q1EM84B El Monte 64" Q1EM84B 24` ---I 23 1/2 Trash Receptacles Quick Crete Products Precast Concrete "California" Model # QR-CAL2436W A19. 36" 24 OR-CAL2A36W A19.819.019 CALIFORNIA* Bocce Court (Example Photo) G JJ Site Lighting POST LIGHTS, STREETS & PARKING: Primary Circulation Streets (Spacing dependent on Photometric Study): 1527 LED (Dark Bronze color shown) Omega LED Area and Roadway Lighting OMEGA LED Medium Scale 1527LED The 152 7RLED Omeea series is a medium so ale. decorative dour light 5xteire with a spun aluminum bell stvled dome. The dome features a round edge (I) style. The luminaire measures ?7" outside diameter and 19-1.18" overall height. The luminaire has hinged door for tool -less driver and LED access_ It is la— or E_T L _ listed in U.S. and Canada. urbanrfrh6 Secondary Alley Streets (Spacing dependent on Photometric Study): 1521 -LED (Dark Bronze color shown) Omega LED Area and Roadway Lighting OMEGA LED Small Scale 1521LED The 1 f.21LED °mega series is a small scale. decorative down light flxtvre .lith a .pun aluminum bell shied dome_ The dome features a flared edge (F) style. The luminaire measures 21 " outside diameter and 17-11 S" overall height. The luminaire has a hinged door for tool -less driver and LED access. It is UI._ or E_TI._ listed in U_S. and Canada. G JJ PASEO PATHS Post Top (Dark Bronze finish) E260 LED (Dark Bronze color shown) Omega LED Area Lighting Bollards EURO LED Small Scale E260LED The E260 LED E-.:3_0 - Small Scale fixtu.re is part of the complete Euro Series family. Shown here is the E26OFAfull lens fixture which features a frosted acrylic lens and LED optics. The E260 can support up to 100 watts of BD or equivalent LED illumination. Measures 13"" x 19"". The Euro Series family consists of - different groupings of sizes that can be specified for any application. The luminaire shall be UL orETL listed in L.S. and Canada. E260 LED — 887B (Dark Bronze color shown) Omega LED Area Lighting EURO E2501E260LED-887B The models E25O..E26OLED-88 rB decorative Euro lighted bollards are small scalearchitectural designs. They feature a c3lindr9cal body, decorative aluminum cage and dome roof. They measure 11-7,8" gide by 50" maximum height. G JJ� Dwelling Exterior Convenience Light Fixtures (Entry and Patio Doors) Hickory Point 12" High Outdoor LED Light Style # Y6996 A classic carriage style outdoor wall light brought into the 21st century with LED technology, from the Franklin Iron WorksTM collection. Brighten your home's exterior with this outdoor LED wall light. The design features a classic carriage house look. It comes in a bronze finish with copper highlights and has frosted cream glass panels. Behind the panels is a 16 watt LED module that has the same light output as a regular 100 watt incandescent bulb, but uses far less energy. A Franklin Iron WorksTM outdoor light design. • Bronze finish. • Copper highlights. • Frosted cream glass panels. • Energy saving design. • 16 watt LED module. • California Title 24 compliant. • Equal to a 100 watt incandescent. • Light output of 1,300 lumens. • 12" high. • 7 1/2" wide. • Extends 9 1/4" from the wall. • Back plate 9"high x 5" wide. FRANKLIN IRON WORKS http://www.lampsplus.com/products/hickory-point-12-inch-high-outdoor-led-light y6996.html G JJ Primary Entry Directory and Gate Access Directory (Example Photo) Gate Access System Linear AE2000 Plus Provides an attractive, highly functional and rugged display. A temperature compensated, back -lit, VGA resolution, LCD display presents up to 24 names at a time on separate alphabetical screens. The three "soft keys," directly below the display change functions with each mode. In the Directory Mode the keys become A and Z directional controls for scrolling through alphabetical listings. In the Information Mode the keys permit switching between English and Spanish. Featuring a user capacity of up to 10,000 entries, the AE2000PIus provides control for up to four portals (gates and/or doors) along with a built-in radio for adding remote control via user transmitters. Directory will be similar in design to the example photo, set within a wall designed with complimentary materials alongside the Gate Access System. AE2000PIus The Ultimate in Telephone Entry. i OM CON coo COR cos COT CRA CRA CRE 9539 2464 19646 0531 0197 '0512 1172 1728 0458 RESOLUTION NO. 17- 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 ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE CYPRESS RIDGE PROJECT, CONSISTING OF APPROXIMATELY 22.73 ACRES, GENERALLY LOCATED ON THE NORTHEAST CORNER OF PECHANGA PARKWAY AND LOMA LINDA ROAD (APNS 961-450-003, 961-450-012, 961-450-013) 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. On December 21, 2015, John Fitzpatrick filed Planning Application Nos. PA15-1894 (General Plan Amendment), PA15-1895 (Zone Change/Planned Development Overlay), PA15-1893 (Tentative Tract Map), and PA15-1892 (Development Plan). These applications (collectively "Project") were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. Collectively, the proposed Project consists of a change in the General Plan designation on the site from Professional Office (PO) to Medium Density (M) residential and a rezone of the site from Professional Office (PO) to Cypress Ridge Planned Development Overlay District (to be known as PDO -15). PDO -15 is a series of standards and regulations that will govern all development on the property. These standards and regulations address architectural style, setbacks, and building height. Together, these regulations and standards seek to ensure cohesiveness in the design and aesthetic appearance, and compatibility with the surrounding community. In addition to the proposed PDO -15, the project also includes a Tentative Tract Map and a Development Plan. C. The Project was processed, including but not limited to all public notices, in the time and manner prescribed by State and local law, including the California Environmental Quality Act, Public Resources Code § 21000, et seq. (CEQA) and the CEQA Guidelines, 14. Cal. Code Regs. § 15000 et seq. D. Pursuant to CEQA, the City is the lead agency for the Project because it is the public agency with the authority and principal responsibility for reviewing, considering, and potentially approving the Project. E. On May 24, 2016, in accordance with CEQA Guidelines Section 15082, the City published a Notice of Preparation (NOP) of a Draft Environmental Impact Report (Draft EIR) to all agencies and persons that might be interested in or affected by the Project. The NOP was also distributed through the State Office of Planning and Research, State Clearinghouse (SCH # 2016051073). The NOP was circulated from May 25, 2016, through July 23, 2016, to receive comments and input from interested public agencies and private parties on issues to be addressed in the Environmental Impact Report ("EIR") for the Project. On June 15, 2016 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. F. In response to the NOP, eight written comments were received from various individuals and organizations. These comment letters assisted the City in formulating the analysis in the Draft EIR. G. Thereafter, the City contracted for the independent preparation of a Draft EIR for the Project, including all necessary technical studies and reports in support of the Draft EIR. In accordance with CEQA and the CEQA Guidelines, the City analyzed the Project's potential impacts on the environment, potential mitigation, and potential alternatives to the Project. H. Upon completion of the Draft EIR in February 2017, the City initiated a public comment period by filing a Notice of Completion with the State Office of Planning and Research on Monday, February 27, 2017. The City also published a Notice of Availability for the Draft EIR in the San Diego Union Tribune, a newspaper of general circulation within the City. The Draft EIR was circulated for public review from March 2, 2017 through April 17, 2017. Copies of the Draft EIR were sent to various public agencies, as well as to organizations and individuals requesting copies. In addition, copies of the documents have been available for public review and inspection at the offices of the Department of Community Development, located at City Hall, 41000 Main Street, Temecula, California 92590; the Ronald H. Roberts Temecula Public Library located at 30600 Pauba Road; Temecula Grace Mellman Community Library located 41000 County Center Drive; Chamber of Commerce located at 26790 Ynez Court, Ste. A, and the City of Temecula website. J. In response to the Draft EIR, eight (8) written comments were received from various agencies, individuals, and organizations. The City responded to all written comments. Those comments and the Responses to Comments, together with the Draft EIR and Mitigation Monitoring and Reporting Program, constitute the Final Environmental Impact Report (Final EIR). K. Pursuant to Public Resources Code Section 21092.5, at least 10 days prior to certification, the City prepared and provided the Final EIR, including responses to comments, to the public and all commenting public agencies. L. On August 2, 2017, the Planning Commission, at its regularly scheduled and duly noticed meeting, considered the Project and the Final EIR, at which time the City staff presented its report and interested persons had an opportunity to be heard and to present evidence regarding the Project and the Final EIR. M. 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. 17-24 recommending that the City Council certify the Final EIR prepared for the Cypress Ridge Project, adopt Findings pursuant to the CEQA, adopt a Statement of Overriding Considerations, and adopt a Mitigation Monitoring and Reporting Program for the Project. The Planning Commission also adopted Resolution Nos. 17-25 17-26, 17-27, and 17-28, recommending that the City Council take various actions, including adoption of a General Plan Amendment, Zone Change/Planned Development Overlay, Tentative Tract Map, and Development Plan related to the approval of the Project. N. Section 15091 of the 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. O. These required written findings are set forth in Exhibit A, attached hereto and incorporated herein by reference as if set forth in full. 1. Environmental impacts identified in the Final EIR as no impact or less than significant and do not require mitigation are described in Sections IV and V, respectively, of Exhibit A. 2. Environmental impacts, or certain aspects of impacts, identified in the Final EIR as potentially significant, but that can be reduced to less than significant levels with mitigation, are described in Exhibit A, Section VI. 3. Environmental impacts identified in the Final EIR as significant and unavoidable despite the imposition of all feasible mitigation measures are described in Exhibit A, Section VII. 4. Alternatives to the Project that might eliminate or reduce significant environmental impacts are described in Section VII of Exhibit A of this Resolution. P. CEQA 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 B, and is herein incorporated by reference as if set forth in full. Q. CEQA Guidelines Section 15093 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. The Statement of Overriding Considerations is attached hereto as Exhibit C, and is incorporated herein by reference as if set forth in full. R. Prior to taking action, the City Council has heard, been presented with, reviewed, and considered the information and data in the administrative record, including the Final EIR, the written and oral comments on the Draft EIR and Final EIR, responses to comments, staff reports and presentations, and all oral and written testimony presented during the public hearings on the Project.. S. 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. Section 2. Substantive Findings. The City Council of the City of Temecula, California does hereby: A. Declare that the above Procedural Findings are true and correct, and hereby incorporates them herein by this reference. B. Find that agencies and interested members of the public have been afforded ample notice and opportunity to comment on the Final EIR and the Project. C. Find and 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 regarding the Project. D. Find and determine that the Final EIR fully analyzes and discloses the potential impacts of the Project, and that those impacts have been mitigated or avoided to the extent feasible for the reasons set forth in the Findings attached as Exhibit A and incorporated herein by reference, with the exception of those impacts found to be significant and unmitigable as discussed therein. E. Find and declare that the Final EIR reflects the independent judgment of the City Council. 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 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 Project or a feasible mitigation measure or alternative that the City has declined to implement. F. Certify 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; adopts the Mitigation Monitoring and Reporting Program attached as Exhibit B; and adopts the Statement of Overriding Considerations as set forth in Exhibit C. 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 C, by itself, would individually justify proceeding with the Project despite any significant unavoidable impacts identified in the Final EIR or alleged in the record of proceedings. G. The City Council hereby imposes as a condition on the Cypress Ridge Project each mitigation measure specified in Exhibit B, and directs City staff to implement and to monitor the mitigation measures as described in Exhibit B. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 5th day of September, 2017. Maryann Edwards, 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. 17- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 5th day of September, 2017, 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. ("Guidelines") provide that no public agency shall approve or carry out a project for which an Environmental Impact Report ("EIR") 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: 1. Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant environmental effects identified in the EIR. 2. 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. 3. Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the EIR. Pursuant to the requirements of CEQA, the City Council of the City of Temecula ("Temecula" or "City") hereby makes the following environmental findings in connection with the proposed Cypress Ridge Project (the "Project"). These findings are based upon written and oral evidence included in the record of these proceedings, comments on the Draft EIR and the written responses thereto, the Final EIR, and reports presented to the Planning Commission and the City Council by City staff and the City's environmental consultants. 11. Project Objectives. As set forth in the EIR, the objectives of this Project (the "Project Objectives") are as follows: A. Develop a high-quality residential community on the Project Site that focuses on providing a variety of medium -density housing types that would serve various age groups and household sizes. B. Provide a housing product that is desirable in light of the competitive market and the increased availability of attached and detached single-family homes for purchase. C. Provide a project that is compatible in density and character to the surrounding residential communities. A-1 11086-0191 \2074636v2.doc III. Background. The proposed Project involves the residential development of approximately 20.18 total acres located in the southern portion of Temecula ("Project Site"). The Project Site is currently designated and zoned as Professional Office (PO) in the General Plan and zoning code. The Site includes disturbed, undeveloped land that varies from approximately level to slightly undulating with drainage flowing to the north and northwest. It contains non-native grasses, ruderal herbs and forbs, remnants of native scrub (associated with drainages), and a number of isolated mature trees as well as a concrete drainage channel. Recent disking for fuel modification is evident at the site. The Site is not developed with any structures. The proposed Project consists of a General Plan Amendment, zoning code amendment, adoption of a Planned Development Overlay District, a tentative tract map, and a development plan review. The proposed Project would change the Project Site's General Plan designation to Medium Density Residential (M) and its zoning to Planned Development Overlay District (PDO). The Project would consist of 245 residential units (attached and detached) and several common use areas, including a club house, four tot lots, five picnic areas, a bocce court, and a trail. IV. Effects Determined to Be Less than Significant/No Impact in the EIR. The City of Temecula issued a Notice of Preparation ("NOP") and in the course of the environmental review, the Project was found to have no impact in certain impact categories because a project of this type and scope or in this location would not create such impacts or because of the absence of project characteristics producing effects of this type. In the following categories of environmental impacts, the proposed Project was found to have no impact or a less than significant impact for the reasons set forth in the EIR. The impacts were not analyzed in detail in the EIR because they required no additional analysis to determine whether the effects could be significant. A. AESTHETICS 1. The Project would not have a substantial adverse effect on a scenic vista. The Site has not been identified as a scenic view -shed, nor is the Project located near an identified scenic view -shed. 2. The Project would not substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway. The Project Site is not located near a state scenic highway. The nearest designated state scenic highway is State Route 74, located approximately 30 miles northeast. B. AGRICULTURE AND FORESTRY RESOURCES 1. The Project would not convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance to non-agricultural use. The A-2 11086-0191 \2074636v2.doc Project Site does not contain any Forest Land, Prime Farmland, Unique Farmland, or Farmland of Statewide Importance. 2. The Project would not conflict with existing zoning for agricultural use or a Williamson Act contract. The Project Site does not contain any land subject to a Williamson Act contract. 3. The Project would not conflict with existing zoning for, or cause rezoning of, forest land, timberland, or timberland zoned Timberland Production. The Project Site does not contain any type of land zoned for forest land or timberland. 4. The Project would not result in the loss of forest land or conversion of forest land to non -forest use. The Project site does not contain any type of forest land. 5. The Project would not involve any changes in the existing environment which, due to their location or nature, could result in conversion of Farmland to non-agricultural use or conversion of forest land to non -forest use. 6. The Project would not result in cumulative impacts related to agriculture or forestry resources. C. GEOLOGY AND SOILS 1. The Project would not expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving rupture of a known earthquake fault. 2. The Project would not be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the Project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse. The Project Site is not located in an area susceptible to collapse, karsts, or subsidence due to groundwater withdrawal. 3. The Project would not have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water. Sewers are available to deliver wastewater to the Eastern Municipal Water District, so this issue is not applicable to the Project. D. HAZARDS AND HAZARDOUS MATERIALS 1. The Project would not emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste A-3 11086-0191 \2074636v2.doc within one-quarter mile of an existing or proposed school. As a residential project, the anticipated use, transport, and disposal of hazardous materials would be in relatively small quantities commonly associated with a typical home. 2. The Project would not be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5. 3. The Project would not be located within the vicinity of a private airstrip, within an airport land use plan, or within two miles of a public airport or public use airport. 4. The Project would not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. It would be designed in accordance with Fire Codes and other emergency response requirements made by the City of Temecula. 5. The Project would not expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands. The Project Site is located in a developed urban area that is not at high risk of wildland fires. E. HYDROLOGY AND WATER QUALITY 1. The Project would not result in impacts related to inundation by seiche, tsunami, or mudflow. The Project Site is not located near a large surface water body and there is no potential for inundation by tsunami, seiche, or mudflow. F. LAND USE AND PLANNING 1. The Project would not physically divide an established community. The residential units would be consistent with the surrounding residential uses, and the Project would not involve the construction of major roadways or other major structures within an established community that would result in division of that community. G. MINERAL RESOURCES 1. The Project would not result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state or a locally -important mineral resource recovery site. The area is not considered to contain mineral resources of significant economic value and the Project would not result in cumulative impacts related to mineral resources. A-4 11086-0191 \2074636v2.doc H. NOISE 1. The Project would not be located within the vicinity of a private airstrip, or within an airport land use plan or within two miles of a public airport or public use airport. The closest public airport is approximately six miles north. The closest private airstrip is approximately four miles northeast. I. POPULATION AND HOUSING 1. The Project would not displace substantial numbers of existing housing or people, necessitating the construction of replacement housing elsewhere. The Project would construct housing on vacant, undeveloped land. J. TRANSPORTATION AND CIRCULATION 1. The proposed Project would have a less than significant or no impact on traffic air patterns. The Project is not within the influence area of an airport. 2. The Project would not adversely impact policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, and would not otherwise decrease the performance or safety of such facilities. V. Effects Determined to be Less Than Significant Without Mitigation in the EIR. The EIR found that the proposed Project will have a less than significant impact without the imposition of mitigation on a number of environmental topic areas listed below. A 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 Final EIR. A. AESTHETICS 1. The Project would not substantially degrade the exiting visual character or quality of the site and its surroundings. The residential development would be consistent with the suburban residential character of the surrounding land uses and would include high- quality development with visually appealing elements such as improved landscaping and natural -like building materials. Meandering walking paths would border the Project Site, and would feature understory and over -story trees along the perimeter of the site to provide privacy for the development and shade for pedestrians. A-5 11086-0191 \2074636v2.doc 2. The Project, in conjunction with other cumulative projects, would not result in a cumulatively considerable contribution to aesthetic impacts. Cumulative impacts would be less than significant. B. AIR QUALITY 1. The proposed Project would not conflict with or obstruct implementation of an applicable air quality plan. The proposed Project would not conflict with or obstruct implementation of regional air quality management planning. 2. The Project would not violate any air quality standard or contribute substantially to an existing air quality violation. 3. The Project would not result in a cumulatively considerable net increase of any criteria pollutant for which the region is in nonattainment. Neither emissions during construction nor operational emissions would exceed the SCAQMD's thresholds of significance for any criteria pollutant. When considered in addition to other projects in the cumulative scenario, the Project's incremental contribution to air quality would not be cumulatively considerable. 4. Operation of the Project would not expose sensitive receptors to substantial pollutant concentrations. 5. The Project would not create objectionable odors affecting a substantial number of people. As a residential development, it does not include any uses identified by the SCAQMD as being associated with odors and any potential sources of odors during construction would be temporary and intermittent in nature. 6. When considered in addition to other projects in the cumulative scenario, the Project's incremental contribution to impacts on air quality would not be cumulatively considerable. C. BIOLOGICAL RESOURCES 1. The Project would not have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by the California Department of Fish and Wildlife or US Fish and Wildlife Service. Implementation of the proposed Project could result in impacts to sensitive biological communities, including jurisdictional waters. No naturally occurring riparian habitat occurs onsite; patches of mulefat scrub in the southern portion of the Project Site are supported by periodic runoff from the street and not a part of a natural riparian system. Other vegetation onsite is non-native grassland, mesquite A-6 11086-0191 \2074636v2.doc thicket, disturbed habitat, and developed land, all of which are not considered sensitive habitats. 2. The Project would not have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means. 3. The Project would not interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites. Implementation of the proposed Project would not interfere with the movement of native resident or migratory fish or wildlife species. 4. The Project would not conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance. The Project would be required to pay applicable development fees levied by the City's Multispecies Habitat Conservation Mitigation Fees Ordinance as part of the City's cooperation with the Western Riverside County Multi -Species Habitat Conservation Plan (WRC MSHCP). The proposed development is consistent with local policies and ordinances, including the General Plan's goals for biological resources and the City's tree preservation ordinance. 5. The Project would not conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan. The Project Site is located within the WRC MSHCP area and the City of Temecula is a participating entity and permittee of the WRC MSHCP. The Project Site falls within the fee payment area for the Stephens' kangaroo rat, but is not located within identified occupied habitat and has a low potential for the species to occur due to lack of geographic connectivity. The Project must pay development fees pursuant to the WRC HSHCP and the City's Multispecies Habitat Conservation Mitigation Fees Ordinance. 6. The Project's incremental contribution to impacts on biological resources would not be cumulatively considerable. D. GEOLOGY AND SOILS 1. The proposed Project would not expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving strong seismic ground shaking, seismic - A -7 11086-0191 \2074636v2.doc related ground failure, including liquefaction, or landslides. The Project Site is characterized by gentle slopes that do not exceed 1.5:1 and is generally characterized as consisting of gentle slopes. Compliance with building safety design standards also would reduce potential impacts associated with ground shaking and liquefaction to less than significant levels. 2. Operation of the Project would not result in substantial soil erosion or the loss of topsoil. Following construction activities, disturbed areas would be either revegetated or covered by impervious surfaces such as asphalt. 3. The Project would not be located on expansive soil, creating substantial risks to life or property. 4. The proposed Project, in combination with existing, approved, proposed, and reasonably foreseeable development in Temecula and nearby areas of Riverside County, would not contribute to cumulative geologic and soils impacts. 5. The Project would have a less than cumulatively considerable impact on geology and soils. E. GREENHOUSE GAS EMISSIONS 1. The Project would not generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment. Total GHG emissions, when divided by the number of residents at the Project Site, would equal an emissions ratio of 4.41 MT CO2e per service population per year and would not exceed SCAQMD's recommended GHG efficiency threshold of 4.8 MT CO2e per service population per year. 2. The proposed Project would not conflict with any applicable plan, policy, or regulation of an agency adopted for the purpose of reducing the emissions of greenhouse gases. Implementation of the proposed Project would be consistent with the goals of applicable greenhouse gas reduction plans. 3. The Project would result in less than significant GHG and climate change cumulative impacts. F. HAZARDS AND HAZARDOUS MATERIALS 1. Operation of the Project would not create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials. Hazardous wastes used in the residential or maintenance areas may include small quantities of A-8 11086-0191 \2074636v2.doc lubricants or fuels used in maintaining residents' personal vehicles, pesticides or herbicides, solvents, paints and lubricants. These common consumer products would be used for the same purposes as in any residential setting and the health effects associated with them are not considered significant. 2. The proposed Project would not create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment. The Project Site is located more than 25 miles, but less than 50 miles, from the San Onofre Nuclear Generating Station. The facility is in decommission status and existing emergency procedures are in place. 3. The Project would result in less than significant cumulative impacts related to hazards and hazardous materials. G. HYDROLOGY AND WATER QUALITY 1. The proposed Project would not substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level. The proposed development would include a permanent infiltration basin, infiltration swale, and open space located throughout the site in order to maximize infiltration into the ground and assist with restoring groundwater supplies. The Rancho California Water District provided a Will Serve letter to provide water service to the proposed Project, indicating there are adequate water supplies available to meet the Project's anticipated water demand. 2. The proposed Project would not expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam. The City maintains a Dam Inundation Evacuation Plan and California Emergency Management Agency coordinates with the California Division of Safety of Dams to provide effective dam incident response procedures and planning. Additionally, the City coordinates with the State Office of Emergency Services to ensure that dam safety plans reflect the level of development within the community. As such, failure of a dam has an extremely low probability of occurring and is not considered to be a reasonably foreseeable event. 3. The Project's incremental contribution to water quality and quantity impacts would not be cumulatively considerable. A-9 11086-0191 \2074636v2.doc H. LAND USE AND PLANNING 1. The proposed Project would not conflict with any applicable land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect. 2. The Project would have a less than cumulatively considerable impact on land use and planning. I. NOISE 1. Operation of the Project would not expose persons to or generate excessive groundborne vibration or groundborne noise levels. The proposed residential uses would not generally include stationary equipment that would result in high vibration levels; as such, vibration impacts associated with operation of the future residential uses under the proposed Project would be less than significant. 2. The Project would not result in a substantial permanent increase in ambient noise levels in the Project vicinity above levels existing without the Project. The development's noise levels would not exceed the significance thresholds at the identified offsite sensitive receptors. 3. The Project's contribution to cumulative noise impacts attributable to cumulative development would not be cumulatively considerable, and impacts would be less than significant. J. POPULATION AND HOUSING 1. The proposed Project would not induce substantial population growth in an area, either directly or indirectly. The proposed residential uses would constitute approximately six percent of the population growth expected in the City between 2010 and 2020. As such, the population associated with the proposed residential uses would be within the anticipated population growth for the City and would not exceed the projections on which the City has based plans. 2. The Project would result in less than significant cumulative impacts related to population and housing. K. PUBLIC SERVICES 1. The proposed Project would not result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, or create the need for new or physically altered governmental facilities, the construction of which A-10 11086-0191 \2074636v2.doc could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for fire protection, police protection, schools, or other public facilities. The fire department already has the staff and necessary equipment to accommodate the proposed residential uses. No additional police facilities would need to be constructed and while the Project could require additional officers, adding officers to the staff would not result in adverse environmental impacts. The proposed residences would increase the student population and require payment of a school impact fees to offset any new school services. The proposed residences would require payment of impact fees and the Project would involve park improvements, any impacts of which were analyzed in the EIR. 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 facility 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. 4. The Project would not have a cumulatively considerable contribution to impacts related to fire protection, police protection, schools, or other public facilities. L. TRANSPORTATION AND CIRCULATION 1. The Project would not conflict with an applicable congestion management program, including travel demand measures. There are no policies in the Temecula General Plan Circulation Element in regards to TDM or other standards that apply to a development of this type. There are also no CMP locations near the study area. 2. The Project would not substantially increase hazards due to a design feature or incompatible uses. 3. The Project would not result in inadequate emergency access. The most likely emergency vehicle access route would be from the Principal Arterials Temecula Parkway and Pechanga Parkway and the Collector Roadway Loma Linda Road to ultimately reach Temecula Lane and the Project Site. Given the number and placement of these driveway locations along with adequate roadway widths, the emergency vehicle access is therefore sufficient. A-11 11086-0191 \2074636v2.doc M. UTITILIES AND SERVICE SYSTEMS 1. The Project would not exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board. 2. The Project would have sufficient water supplies available to serve the Project from existing entitlements and resources and new or expanded entitlements not needed. 3. The Project would not require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects. 4. The Project would not result in a determination by the wastewater treatment provider that it has inadequate capacity to serve the Project's projected demand in addition to the provider's existing commitments. The Temecula Valley Regional Water Reclamation Facility would have sufficient capacity to process the additional average wastewater flow that would be generated by the Project. In addition, EMWD provided a Will Serve letter to provide sewer service to the Project. 5. The Project would be served by a landfill with sufficient permitted capacity to accommodate the Project's solid waste disposal needs and would comply with federal, state, and local statutes and regulations related to solid waste. The existing capacity of the El Sobrante Sanitary Landfill would be sufficient to accommodate solid waste generation by the Project during construction and at full build -out. 6. The Project would result in less than significant cumulative impacts related to utilities and service systems. VI. Potentially Significant Environmental Impacts Determined to be Mitigated to a Less Than Significant Level. The EIR identified the potential for the Project to cause significant environmental impacts in the areas of Aesthetics, Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Hydrology and Water Quality, Land Use and Planning, Noise, and Transportation and Circulation. Measures have been identified that would mitigate all of the impacts in this section to a less than significant level. The City Council finds that mitigation measures identified in the Final EIR would reduce the Project's impacts to a less than significant level, with the exception of the A-12 11086-0191 \2074636v2.doc unmitigable impacts discussed in Section VII. The City Council adopts all of the feasible mitigation measures for the Project described in the Final EIR as conditions of approval of the Project and incorporates those into the Project, as discussed more fully in Mitigation Monitoring and Reporting Program. A. AESTHETICS 1. Light and Glare Impact AES -4: The Project would create a new source of light and glare throughout the Project area. a. Findings Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects related to light and glare. Specifically, the following measure has been included to ensure that the Project's potential light and glare impacts remain less than significant. MM -AES -1: The following light and glare standards shall be applied to all development within the project area: • Temporary nighttime construction lighting shall be shielded and directed downward such that no light spillage will occur on adjacent properties. • The applicant shall ensure that all outdoor lighting fixtures in public areas contain "sharp cutoff" 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 development shall take advantage of landscaping, on-site architectural massing, and off—site architectural massing to block light sources and reflection from cars. • The use of highly reflective construction materials on exterior wall surfaces shall be prohibited. • Prior to the issuance of construction permits for any phase of the project 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 A-13 11086-0191 \2074636v2.doc 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 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 development is in compliance with the design standards in Mitigation Measure MM -AES -1 and Riverside County Ordinance No. 655. b. Facts in Support of Findings Currently, the Project Site is undeveloped with no onsite sources of light or glare. During construction of the Project, there is the possibility of limited, temporary nighttime construction lighting for security. Once operational, the Project's residential uses would introduce new sources of light and glare from lighting for residential buildings and streets, as well as from cars traveling through the Project Site. The proposed Project is located approximately 17 miles from the Palomar Observatory, which is in Zone B (45 - mile Radius Lighting Impact Zone) according to the Palomar Observatory Light Pollution Ordinance (Riverside County's Light Pollution Ordinance No. 655). The Project would be required to comply with Ordinance No. 655, which lessens "sky glow" from nighttime light sources by requiring a variety of measures. These measures, which are included as part of Mitigation Measure MM -AES -1, include the preparation of an outdoor lighting plan and photometric plan to reduce the effects of light pollution from nighttime light sources. Mitigation Measure MM -AES -1 imposes lighting design and placement requirements that would further reduce "sky glow" and the spilling of light from on-site light sources. With the imposition of MM -AES -1, impacts of the proposed Project related to light and glare would be less than significant. A-14 11086-0191 \2074636v2.doc B. AIR QUALITY 1. Construction -- Exposure of Sensitive Receptors to Pollutant Concentrations. Impact AIR -4: The Project's construction emissions could exceed SCAQMD's localized significance thresholds for PM,o and PM2.5, and therefore could expose sensitive receptors to substantial pollutant concentrations. a. Finding Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects related to exposure of sensitive receptors to air quality pollutants. Specifically, the following measures have been included to ensure that the Project's potential air quality impacts remain less than significant. Mitigation Measure MM -AIR -1: All off-road construction equipment with a horsepower (HP) greater than 50 shall be required to have USEPA certified Tier 4 interim engines or engines that are certified to meet or exceed the emission ratings for USEPA Tier 4 engines. Mitigation Measure MM -AIR -2: The site shall be watered four times per day during ground disturbance (grading) activities for all project development phases. During drought conditions, defined as Water Shortage Stages 4 or 5 as determined by the Rancho California Water District, use of reclaimed water or non -water chemical stabilizers shall be implemented such that fugitive emissions reductions are comparable. Permission to use potable water for dust control activities during drought conditions shall be granted by the City of Temecula Building Official if the General Contractor shows in writing that (1) Reclaimed water is not available in sufficient quality and quantity from recycled wastewater treatment facilities located within 10 miles of the construction site; and (2) Well water or groundwater is not available in sufficient quality and quantity from wells and groundwater sources located within 10 miles of the construction site. b. Facts in Support of Findings Residential units located immediately adjacent to the west of the Project Site, approximately 40 feet (12.2 meters) from the Project boundary, are the nearest sensitive receptors, which means that construction emissions were compared to the two -acre site localized significance thresholds (LST) (listed in Table 3.2-5 of the Draft EIR) for a receptor distance of 82 feet (25 meters) from the site boundary. Based on SCAQMD guidance (specifically, the Fact Sheet for Applying CaIEEMod to Localized Significance Thresholds (Fact Sheet), found under the heading Appendix C- Mass Rate LST Look -up Table under the guidance page located at A-15 11086-0191 \2074636v2.doc (http://www.agmd.gov/home/regulations/ceqa/air-quality-analysis-handbook/localized- significance-thresholds), the determination of significance based on two acres of disturbance per day is appropriate for this analysis. For PM10, the LST is 7 pounds per day; for PM2.5, the LST is 4 pounds per day. During the first year of construction, emissions would exceed LSTs during the site preparation phase for PM10 (9.45 lbs/day) and PM2.5 (6.21 lbs/day) and would exceed the LST during the grading phase for PM2.5 (4.29 lbs/day). Mitigation Measure MM -AIR -1 requires all construction equipment to have EPA Rated Tier 4 (or equivalent) engines during each phase. Mitigation Measure MM -AIR -2 requires the Project Site's unpaved roads used for any vehicular travel to be watered at least four times per eight hour workday to reduce fugitive dust emissions to below a significant level. With implementation of these mitigation measures, maximum daily emissions of PM10 would be 5.38 pounds and maximum daily emissions of PM2.5 would be 2.99, which are both below the LSTs for nearby sensitive receptors. Therefore, impacts related to exposure of sensitive receptors to pollutants are reduced to less than significant with mitigation. C. BIOLOGICAL RESOURCES 1. Sensitive and Special Status Species. Impact BIO -1: Impacts to raptors and other migratory birds include direct loss of potential foraging and nesting habitat. Potential nesting habitat onsite includes mature trees and shrubs as well as grassland (in the case of ground -nesting birds such as northern harrier and mourning dove). It is possible that raptors and other migratory birds would nest onsite due to the proximity to open space and preserved lands such as Temecula Creek and the Pechanga Reservation lands. Impact BIO -2: Burrowing owls could inhabit the site prior to Project construction as appropriate burrowing owl foraging and nesting habitat is present. Potential impacts to this species would include loss of foraging and nesting (i.e., burrowing) habitat. Individuals present during grading and other construction related activities have the potential to be killed or displaced through burrow collapse and other impacts. a. Findings Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects related to sensitive or special status species. Specifically, the following measures have been included to ensure that the Project's potential biological impacts remain less than significant. Mitigation Measure MM BIO -1: To the extent feasible, clearing and grubbing activities shall take place outside of the avian breeding season, which occurs from February 1 to September 15. If clearing and grubbing A-16 11086-0191 \2074636v2.doc activities are necessary during the breeding season, a focused survey for active nests of raptors and migratory birds shall be conducted by a qualified biologist having demonstrated experience conducting breeding bird and nest surveys. The survey shall occur no more than 7 days prior to any clearing, grubbing, construction or ground -disturbing activities. If active nest(s) (with eggs or fledglings) are identified within the project area, the nest shall not be disturbed until the young have hatched and fledged (matured to a state that they can leave the nest on their own and are no longer relying on the nest for survival). A 500 -foot construction setback from any active raptor nesting location (or a distance to be determined by the qualified biologist, based on species, construction activity, the birds' response/habituation to human presence, and/or topographic features that could limit construction activity disturbance to the nest) 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. A 300 -foot construction setback (or a distance to be determined by the qualified biologist, based on species, construction activity, and the birds' response/habituation to human presence, and/or topographic features that could limit construction activity disturbance to the nest) shall be established for all other migratory birds. If no active nests are identified, construction may commence. All construction setbacks shall be clearly demarcated in the field with appropriate material (flagging, staking, construction fencing, etc.) and verified by a qualified biologist. Such fencing shall be maintained and monitored until the nest is confirmed to be inactive. If an avoidance buffer is not feasible, as determined by a qualified biologist in consultation with the City, noise walls or other noise attenuation devices may be installed as needed to prevent disturbance to the nest. Mitigation Measure MM BIO -2: A pre -construction survey for burrowing owl shall be conducted within 30 days of ground disturbing activities in accordance with the Western Riverside County Multiple Species Habitat Conservation Plan (WRC MSHCP). The one -day survey shall be conducted by a qualified biologist within all suitable habitat areas on the project site, and will focus on areas previously identified as containing suitable habitat and potentially suitable burrows. A qualified biologist is one who has the appropriate education and experience to accomplish pre - construction burrowing owl surveys. If no burrowing owls are observed construction may commence. If burrowing owls are observed, the Regional Conservation Authority and the City will be notified and additional measures, such as avoidance or installation of exclusion devices to evict the owls, will be required to demonstrate compliance with the WRC MSHCP. Mitigation Measure MM BIO -3: The applicant shall pay applicable Local Development Mitigation fees, as established and required by the Conservation Authority and City of Temecula, for continued A-17 11086-0191 \2074636v2.doc implementation of the Western Riverside County MSHCP and Habitat Conservation for the Stephens' Kangaroo Rat. b. Facts in Support of Findings Eleven special -status wildlife species are likely to occur within or in proximity of the Project Site, six of which have been documented within the Project Site. (See Draft EIR, Table 3.3-3.) The majority of the species observed onsite are raptors and other migratory birds protected under the MBTA, including red-tailed hawk, kestrel, mourning dove, killdeer, northern rough -winged swallow, and white-tailed kite. All bird species observed onsite are likely using the Project Site's non-native grassland areas for foraging (and nesting in the case of the mourning dove) and the trees and shrubs for perching, but supplementing these activities with the surrounding open space parks, Temecula Creek, and other fallow fields. If it is found that any of these species have established an active nest on the Project Site and that the nest would be lost as a result of site -preparation, significant impacts to these species could occur without mitigation. Mitigation Measure MM BIO -1 requires any clearing and grubbing activities to occur outside the avian breeding season to the extent possible. If these activities are necessary during the breeding season, it requires a focused survey for active nests and a 500 -foot or 300 -foot construction setback from any nesting location. This mitigation measure would ensure that Project construction would not result in impacts by avoiding construction activities that would impact any birds nesting on the Project Site. Therefore, impacts to protected birds would be less than significant with mitigation. In addition, the following species covered by the WRC MSHCP are likely to occur on the Project Site: coyote, coastal western whiptail, northern red diamondback rattlesnake, and burrowing owl. With the exception of the burrowing owl, these WRC MSHCP Covered Species are considered adequately conserved through implementation of the WRC MSHCP and the payment of associated development fees, as required by Mitigation Measure MM -BIO -3. The burrowing owl would be adequately conserved with the implementation of Mitigation Measure MM BIO -2, which includes preconstruction surveys, to ensure no active burrows or owls are impacted by Project development. Therefore, impacts would be less than significant with the implementation of these mitigation measures. D. CULTURAL RESOURCES 1. Historical and Archaeological Resources Impact CUL -1: The results of the Phase I and Extended Phase I investigation conducted in 2012, which included archival research, geoarchaeological review, Native American contact, field survey, and Extended Phase I testing, suggest the Project area is sensitive for cultural resources. Although the lack of identified subsurface archaeological materials greatly reduces the likelihood of encountering buried archaeological resources as a result of Project implementation, it does not A-18 11086-0191 \2074636v2.doc preclude this possibility entirely. The possibility exists of encountering buried archaeological resources that may be considered historical resources or unique archaeological resources pursuant to CEQA. a. Findings Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects related to historical and archaeological resources. Specifically, the following measures have been included to ensure that the Project's potential historical and archaeological resources impacts remain less than significant. Mitigation Measure MM -CUL -1: Prior to the issuance of a grading permit and prior to the start of any ground -disturbing activity, the applicant shall retain a qualified archaeologist, defined as an archaeologist meeting the Secretary of the Interior's Professional Qualification Standards for archaeology (U.S. Department of the Interior 2012) and as approved by the City of Temecula to provide archaeological expertise in carrying out all mitigation measures related to archaeological resources (Mitigation Measures MM CUL -2, -3 and -5). Mitigation Measure MM -CUL -2: The qualified archeologist, or an archaeologist working under the direction of the qualified archaeologist, along with a representative designated by the Pechanga Tribe, shall conduct pre -construction cultural resources worker sensitivity training to inform construction personnel of the types of cultural resources that may be encountered, and to bring awareness to personnel of actions to be taken in the event of a cultural resources discovery. The applicant shall ensure that construction personnel are made available for and attend the training and shall retain documentation demonstrating attendance. Mitigation Measure MM -CUL -3: Prior to the start of ground- disturbing activities, the qualified archaeologist shall designate an archaeological monitor to observe ground -disturbing activities, including but not limited to, brush clearance and grubbing, grading, trenching, excavation, and the construction of fencing and access roads, in consultation with the Pechanga monitor. If ground -disturbing activities occur simultaneously in two or more areas located more than 500 feet apart, additional archaeological monitors may be required. The archaeological monitor shall keep daily logs. After monitoring has been completed, the qualified archaeologist shall prepare a monitoring report that details the results of monitoring activities, which shall be submitted to the City, Pechanga Tribe, and to the EIC at the University of California, Riverside. Mitigation Measure MM -CUL -4: At least 30 days prior to issuance of a grading permit and prior to the start of any ground -disturbing activity, the applicant shall contact the Pechanga Tribe to notify the Pechanga Tribe of A-19 11086-0191 \2074636v2.doc grading, excavation and the monitoring program, and to coordinate with the Pechanga Tribe to develop a Cultural Resources Treatment and Monitoring Agreement (Agreement). The Agreement shall address the treatment of known cultural resources; the designation, responsibilities, and participation of Native American Tribal monitors during grading, excavation and all ground disturbing activities; project grading and development scheduling; terms of compensation for the monitors; and treatment and final disposition of any cultural resources, sacred sites, and human remains discovered on the site. The Pechanga Tribal monitor shall monitor all ground -disturbing activities including, but not limited to, brush clearance and grubbing, grading, trenching, excavation, and the construction of fencing and access roads, as specified in the Agreement, in consultation with the project archaeologist. If ground -disturbing activities occur simultaneously in two or more locations, additional Native American monitors may be required. Mitigation Measure MM -CUL -5: If inadvertent discoveries of subsurface archaeological/cultural resources are made during ground -disturbing activities, the applicant, the qualified archaeologist, and the Pechanga Tribe shall assess the significance of such resources and shall meet and confer regarding the mitigation for such resources. Pursuant to PRC Section 21083.2(b) avoidance is the preferred method of preservation for archaeological resources. If the applicant, the qualified archaeologist, and the Pechanga Tribe cannot agree on the significance or the mitigation for such resources, these issues will be presented to the City Planning Director for decision. The City Planning Director shall make the determination based on the provisions of the CEQA with respect to archaeological resources and shall take into account the religious beliefs, customs, and practices of the Pechanga Tribe. Notwithstanding any other rights available under the law, the decision of the City Planning Director shall be appealable to the City Planning Commission and/or City Council. Mitigation Measure MM -CUL -6: The landowner shall relinquish ownership of all cultural resources, including sacred items, burial goods and all archaeological artifacts that are recovered as a result of project implementation to the Pechanga Tribe for proper treatment and disposition as outlined in the Agreement (Mitigation Measure CUL -4). Mitigation Measure MM -CUL -7: All sacred sites, should they be encountered within the project area, shall be avoided and preserved as the preferred mitigation, if feasible. b. Facts in Support of Findings There are no current, known archeological or built environment resources in the Project Site that are listed in or eligible for listing in the California Register or local register, or A-20 11086-0191 \2074636v2.doc that may be considered unique archaeological resources. As such, there would be no impact to known historical or unique archaeological resources. Nonetheless, archival research indicates the Project Site lies within an area that is highly sensitive for cultural resources. Within a 1 -mile radius of the Project Site, there have been a total of 37 previously recorded cultural resources, of which 17 were archaeological sites, 14 were isolated artifacts, and six were historic -period built resources. In addition, geoarchaeological review suggests that the Project Site, particularly the southern portion, would have been a suitable location for prehistoric human settlement. Phase I and Extended Phase I investigations conducted in 2012 identified four prehistoric isolated artifacts, which are not eligible for listing in the California Register or local register because they are isolated artifacts that lack archaeological context and do not otherwise meet CEQA's definitions for historical resources or unique archaeological resources. However, the presence of these resources suggest that there is a potential for encountering additional previously unrecorded cultural materials during Project related ground disturbing activities. The lack of identified subsurface archaeological materials greatly reduces the likelihood of encountering buried archaeological resources, but it does not preclude this possibility entirely. As such, there exists the possibility of encountering buried archaeological resources that may be considered historical resources or unique archaeological resources pursuant to CEQA. Mitigation Measures MM -CUL -1 through MM -CUL -7 require specific measures to ensure that any such resources would be identified and any impacts to the resources would be avoided. Therefore, these mitigation measures would ensure that impacts would be reduced to less than significant. 2. Paleontological Resources Impact CUL -2: If site preparation activities require grading 10 or more feet below the ground surface, there could be the potential to disturb and impact significant paleontological resources. a. Findings Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects related to paleontological resources. Specifically, the following measures have been included to ensure that the Project's potential paleontological resources impacts remain less than significant. Mitigation Measure MM -CUL -8: Prior to construction, a training session on the recognition of the types of paleontological resources that could be encountered within the project area and the procedures to be followed if they are found shall be presented to project construction personnel by a qualified cultural resources professional. This training may be conducted concurrently with the cultural resources training required in Mitigation Measure MM -CUL -2. A-21 11086-0191 \2074636v2.doc Mitigation Measure MM -CUL -9: During construction, should excavations be greater than 10 feet in depth, a qualified paleontologist shall be retained and shall designate a paleontological monitor to observe the sediments. Should these sediments appear to have a greater potential for fossils, paleontological monitoring of ground disturbing activities below 10 feet shall commence until such a time as the excavation of these sediments has ceased, or upon determination by the qualified paleontologist that the likelihood of encountering paleontological resources is unlikely. Mitigation Measure MM -CUL -10: If construction or other project personnel discover any potential fossils during construction, or project operations and maintenance, regardless of the depth of work, work within 100 feet of the discovery location should cease and a qualified paleontologist should be called to further assess the discovery and make further recommendations as necessary. b. Facts in Support of Findings This Project is mapped as lying entirely within recent (Holocene) alluvial sediments and Quaternary alluvium. These sediments are generally considered too young to contain fossils of any significance. In addition, man-made or affected sediments (artificial fill) have been noted and observed on portions (two units) of the Project. These sediments are too young to contain paleontological resources. Although both of these units have low sensitivity rating, the San Bernardino County Museum records search notes the possibility of higher potential, potentially fossiliferous formations beneath these two units in the Project Site at an unknown depth but as shallow as 10 feet below the ground surface. Mitigation Measures MM -CUL -8, MM, CUL -9, and MM -CUL -10 ensure that impacts to potential unknown paleontological resources would be less than significant by requiring the identification, avoidance, and assessment by a qualified paleontologist. Therefore, impacts would be less than significant with mitigation incorporated. 3. Human Remains Impact CUL -3: Because the proposed Project would involve ground - disturbing activities, it is possible that such actions could unearth, expose, or disturb previously unknown human remains interred outside of a formal cern etery. a. Findings Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects related to human remains. Specifically, the following measures have been included to ensure that the Project's potential human remain disturbance impacts remain less than significant. A-22 11086-0191 \2074636v2.doc Mitigation Measure MM -CUL -11: If human remains are encountered, California Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to PRC Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the NAHC must be contacted within 24 hours. The NAHC must then immediately identify the MLD upon receiving notification of the discovery. The MLD shall then make recommendations within 48 hours, and engage in consultations concerning the treatment of the remains as provided in PRC Section 5097.98 and the Agreement described in Mitigation Measure MM -CUL -4. b. Facts in Support of Findings No formal cemeteries or the presence of human remains have been documented within the Project Site. However, because the nature of the proposed Project would involve ground -disturbing activities, it is possible that such actions could unearth, expose, or disturb previously unknown human remains interred outside of a formal cemetery. Mitigation Measure MM -CUL -11 would ensure identification and proper handling of any previously unknown human remains and impacts would therefore be less than significant with mitigation incorporated. 4. Tribal Cultural Resources Impact CUL -4: Project implementation may cause a substantial adverse change in the significance of a tribal cultural resource as defined in PRC 21074. a. Findings Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects related to tribal cultural resources. Specifically, the following measures have been included to ensure that the Project's potential tribal cultural resources impacts remain less than significant. Mitigation Measure MM -CUL -12: The applicant shall provide open space area(s) for the congregation of participants during the Pechanga Tribe's "Trail of Tears" commemorative eviction walk, which shall consist of the area near the corner of Pechanga Parkway and Loma Linda Road and the sidewalk along Loma Linda Road, near the intersection with Temecula Lane; both areas shall be outside the walls of the community, and be designated by an exhibit as part of the construction plans, on the dates described in the access agreement. The applicant and the Pechanga Tribe shall develop and enter into an access agreement formalizing the A-23 11086-0191 \2074636v2.doc Pechanga Tribe's right to access the open space area and upon which days and times, permitted and unpermitted activities within the open space area, donation by applicant of a temporary shade structure for use by the Pechanga Tribe, as necessary, provisions for the transfer of rights and obligations under the access agreement to future owners, including any Home Owner's Association or similar entity, and any other provisions deemed necessary to carry out the purpose of accessing the open space. The applicant shall insert language into the Covenants, Conditions, and Restrictions (CC&Rs) allowing the Tribe access to the designated space(s) during this annual two-day event and incorporating into its terms the access agreement. Both the access agreement and CC&Rs shall include an exhibit designating the open space(s) area for use by the Pechanga Tribe during the commemorative eviction walk. Mitigation Measure MM -CUL -13: The applicant shall consult with the Pechanga Tribe on the creation and installation of commemorative public art (e.g., plaques, signage, patterned pavers, etc.) related to the eviction of the Temeku peoples. The public art shall commemorate the eviction and "Trail of Tears," and shall be designed in collaboration with the Pechanga Tribe. The applicant shall be responsible for the costs associated with providing and installing the commemorative public art. The dedication and the cost of the public art shall be in conformance with the City of Temecula's public art dedication process and cost estimating per Municipal Code, Title 5 Business Licenses and Regulations, Section 5.08.070, Procedure for donation or installation of public artwork. b. Facts in Support of Findings During the government -to -government consultation undertaken by the City pursuant to Public Resources Code Section 21080.2.152, the Pechanga Tribe identified a Tribal Cultural Resource related to the eviction of the Temeku peoples within the Project area. Because a Tribal Cultural Resource has been identified within the Project area, Mitigation Measures MM -CUL -12 and MM -CUL -13 shall be implemented to reduce Project -related impacts to less than significant. E. GEOLOGY AND SOILS 1. Construction Impacts to Soil Erosion Impact GEO-4: Construction of the Project could result in soil erosion of the loss of topsoil on the Project Site. a. Findings Construction of the Project has a potential to result in soil erosion or the loss of topsoil on the Project Site because construction would involve significant earthwork activities, including grading and stockpiling of soils. Changes or alterations have been required in A-24 11086-0191 \2074636v2.doc or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects to soil erosion to less than significant. Specifically, the following measures have been included to ensure that the Project's potential impacts remain less than significant. Measure MM -HYDRO -1: The applicant shall retain a Qualified Storm Water Pollution Prevention Plan (SWPPP) Developer to prepare a SWPPP in accordance with Construction General Permit requirements. The SWPPP must be completed prior to filing a Notice of Intent (NOI) to apply for coverage under the Construction General Permit. The SWPPP shall contain a detailed project description and best management practices (BMPs) to be implemented onsite during and post -construction; BMP categories are expected to include, but are not limited to erosion control, sediment control, waste management and good housekeeping BMPs. Examples of BMPs include: • Revegetation of landscaped areas; • Hydro -seeding, mulching, or other erosion controls for inactive exposed areas; • Sediment controls such as check dams, desilting basins, fiber rolls, and silt fencing; • Catch basin inlet protection; • Construction materials management; and • Cover and containment of construction materials and wastes. The project operator shall also submit an Erosion and Sediment Control Plan (ESCP) to the City of Temecula Department of Public Works for approval as part of the project's grading permit application process. The ESCP shall detail planned erosion control measures on the construction site including but not limited to filtration of runoff, erosion controls, sediment controls, site perimeter protection, stabilization of construction access points, and slope protection. The ESCP shall be approved by the City prior to the start of construction activities. b. Facts in Support of Findings This mitigation measure requires the implementation of construction best management practices (BMPs), which would be detailed in the Storm Water Pollution Prevention Plan (SWPPP) as required by the Construction General Permit from the National Pollution Discharge Elimination System (NPDES) program, as further discussed in the Hydrology and Water Quality section. Although these measures are intended to prevent A-25 11086-0191 \2074636v2.doc sedimentation from entering runoff from the site, they generally prevent soil erosion and loss of topsoil occurring at a construction site. Therefore, with adherence to the BMPs, potential construction -related erosion would be reduced to less than significant. F. HAZARDS AND HAZARDOUS MATERIALS 1. Construction — Transport, Use, or Disposal of Hazardous Materials. Impact HAZ-1: Hazardous materials used onsite during construction activities (i.e., petroleum products, solvents, paints, etc.) could be released to the environment through improper handling or storage, resulting in a potentially significant impact. a. Findings Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects related to hazardous materials. Specifically, the following measures have been included to ensure that the Project's potential hazardous material impacts remain less than significant. Mitigation Measure MM HAZ-1: As a condition of approval for a grading permit, the use of construction best management practices (BMPs) shall be implemented as part of construction to minimize the potential negative effects of accidental release of hazardous materials to groundwater and soils. These shall include the following: • Follow manufacturer's recommendations on use, storage and disposal of chemical products used in construction; • Avoid overtopping construction equipment fuel gas tanks; • During routine maintenance of construction equipment, properly contain and remove grease and oils; and • Properly dispose of discarded containers of fuels and other chemicals in accordance with manufacturer's specifications and local and state regulations. All the BMPs shall be in accordance with the most recent version of the California Stormwater Quality Association (CASQA) BMP Handbook for construction and included in contract specifications. b. Facts in Support of Findings The onsite storage and/or use of large quantities of materials capable of impacting soil and groundwater are not typically required for a project of this proposed size and type. A-26 11086-0191 \2074636v2.doc However, construction activities would require the use of certain hazardous materials such as fuels, oils, solvents, and glues. The inadvertent release of large quantities of these materials into the environment could adversely impact soil, surface waters, or groundwater quality. As such, Mitigation Measure MM-HAZ-1 requires the implementation of best management practices to minimize the potential negative effects of accidental release of hazardous materials to groundwater and soils. Therefore, with implementation of Mitigation Measure MM-HAZ-1, impacts would be reduced to less than significant. G. HYDROLOGY AND WATER QUALITY 1. Water Quality or Waste Discharge Impact HYDRO -1: The Project could degrade water quality as a result of proposed construction and/or operational activities. a. Findings Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects related to water quality and waste discharge. Specifically, the following measures have been included to ensure that the Project's potential impacts remain less than significant. Mitigation Measure MM -HYDRO -1: The applicant shall retain a Qualified Storm Water Pollution Prevention Plan (SWPPP) Developer to prepare a SWPPP in accordance with Construction General Permit requirements. The SWPPP must be completed prior to filing a Notice of Intent (NOI) to apply for coverage under the Construction General Permit. The SWPPP shall contain a detailed project description and best management practices (BMPs) to be implemented onsite during and post -construction; BMP categories are expected to include, but are not limited to erosion control, sediment control, waste management and good housekeeping BMPs. Examples of BMPs include: • Revegetation of landscaped areas; • Hydro -seeding, mulching, or other erosion controls for inactive exposed areas; • Sediment controls such as check dams, desilting basins, fiber rolls, and silt fencing; • Catch basin inlet protection; • Construction materials management; and • Cover and containment of construction materials and wastes. A-27 11086-0191 \2074636v2.doc The project operator shall also submit an Erosion and Sediment Control Plan (ESCP) to the City of Temecula Department of Public Works for approval as part of the project's grading permit application process. The ESCP shall detail planned erosion control measures on the construction site including but not limited to filtration of runoff, erosion controls, sediment controls, site perimeter protection, stabilization of construction access points, and slope protection. The ESCP shall be approved by the City prior to the start of construction activities. Mitigation Measure MM -HYDRO -2: The applicant shall implement the best management practices (BMPs) contained in the Water Quality Management Plan (WQMP) prepared for the project in March 2016. The project WQMP proposes implementation of various Structural Source Control BMPs (permanent, structural features), Operational Source Control BMPs (implemented by the site's occupant or users), and Low Impact Development (LID) BMPs. Source Control BMPs specified in the WQMP include, but are not limited to, marking all inlets to indicate that they drain to the ocean, designing landscaping to minimize irrigation and runoff, minimizing fertilizer and pesticide use, designating of trash receptacle areas, and avoiding the use of unprotected metals that could leach into runoff. Operational BMPs specified in the WQMP include, but are not limited to, repainting or replacing inlet markings, providing Integrated Pest Management plan information to owners, tenants, and employees, and inspecting and maintaining drains to prevent blockages and overflow. LID BMPs include a large infiltration basin, encouragement of natural infiltration, and conversion of a concrete -lined flood control channel to an infiltration swale. b. Facts in Support of Findings During construction, potential impacts on water quality are related to sediments, turbidity, and certain pollutants that might be associated with sediments (e.g., phosphorus and legacy pesticides). Construction -related activities that are primarily responsible for sediment releases are related to exposure of soils to rainfall/runoff and wind and include removal of vegetation, grading, and excavation. Other pollutants that are of concern during construction include waste materials, chemicals, concrete, and petroleum products used in building construction or the maintenance of heavy equipment. In accordance with Municipal Code Chapter 18.18, the Project operator would be required to comply with construction runoff -related measures including avoidance of grading during the rainy season when possible, minimizing exposure time of disturbed soil areas, stabilization of disturbed areas as soon as possible, and implementation of landscaping as early as feasible. Further, Mitigation Measure MM -HYDRO -1 would require the applicant to prepare a Stormwater Pollution Prevention Plan (SWPPP) in accordance with the Construction General Permit, which would utilize erosion control, sediment control, waste management and good housekeeping BMPs to prevent construction -related pollutants A-28 11086-0191 \2074636v2.doc from mixing with stormwater and being discharged into receiving waters. Erosion control refers to any source control practice that protects the soil surface and prevents soil particles from being detached by rainfall, flowing water, and wind. Sediment control refers to any practice that traps soil particles after they have been detached and moved by rain, flowing water, and wind. Mitigation Measure MM -HYDRO -1 also requires the Project operator to submit an Erosion and Sediment Control Plan (ESCP) to the City as part of the grading permit application in order to prevent erosion and sedimentation from occurring during construction. These required measures would reduce potential for erosion and sedimentation to occur onsite. With implementation of the SWPPP, ESCP, and Municipal Code requirements, water quality impacts from construction would be less than significant. Operation of the Project would introduce residential and recreational land uses to the Project Site, which have the potential to impact the existing water quality of the Project Site's receiving water bodies. To reduce impacts to water quality, Mitigation Measure MM -HYDRO -2 would require the Project operator to prepare a Water Quality Management Plan (WQMP) in compliance with the City's Stormwater Management Plan (SWMP) and Stormwater Ordinance. By cross-referencing pollutants that currently impair the Project Site's receiving waters and those associated with proposed residential and recreational land uses, the following priority pollutants of concern were identified for the WQMP: bacteria, metals, nutrients, pesticides, and toxic organic compounds. The Project WQMP's would implement various Structural Source Control BMPs and Operational Source Control BMPs, including both physical structures and actions that would prevent onsite priority pollutants of concern from coming into contact with runoff. The WQMP also recommends infiltration as a Low Impact Development (LID) BMP and infiltration will be achieved through a large infiltration basin appropriately sized to capture runoff and conversion of the existing concrete -lined flood control channel into an infiltration swale. The infiltration basin and infiltration swale would be used to remove targeted pollutants from stormwater runoff onsite during operation through the absorption and filtering of runoff. With implementation of the Project -specific WQMP recommendations, the Project would achieve compliance with the City's SWMP and Stormwater Ordinance and impacts to water quality during operation would be less than significant. 2. Drainage Pattern Alteration through Stream or River Alteration, Erosion, or Surface Runoff — Siltation or Flooding Impact HYDRO -3: The Project could substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site. a. Findings 11086-0191 \2074636v2.doc A-29 Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects related to drainage patterns. Specifically, the following measures have been included to ensure that the Project's potential impacts remain less than significant. Mitigation Measure MM -HYDRO -1: The applicant shall retain a Qualified Storm Water Pollution Prevention Plan (SWPPP) Developer to prepare a SWPPP in accordance with Construction General Permit requirements. The SWPPP must be completed prior to filing a Notice of Intent (NOI) to apply for coverage under the Construction General Permit. The SWPPP shall contain a detailed project description and best management practices (BMPs) to be implemented onsite during and post -construction; BMP categories are expected to include, but are not limited to erosion control, sediment control, waste management and good housekeeping BMPs. Examples of BMPs include: • Revegetation of landscaped areas; • Hydro -seeding, mulching, or other erosion controls for inactive exposed areas; • Sediment controls such as check dams, desilting basins, fiber rolls, and silt fencing; • Catch basin inlet protection; • Construction materials management; and • Cover and containment of construction materials and wastes. The project operator shall also submit an Erosion and Sediment Control Plan (ESCP) to the City of Temecula Department of Public Works for approval as part of the project's grading permit application process. The ESCP shall detail planned erosion control measures on the construction site including but not limited to filtration of runoff, erosion controls, sediment controls, site perimeter protection, stabilization of construction access points, and slope protection. The ESCP shall be approved by the City prior to the start of construction activities. Mitigation Measure MM -HYDRO -2: The applicant shall implement the best management practices (BMPs) contained in the Water Quality Management Plan (WQMP) prepared for the project in March 2016. The project WQMP proposes implementation of various Structural Source Control BMPs (permanent, structural features), Operational Source Control BMPs (implemented by the site's occupant or users), and Low Impact Development (LID) BMPs. Source Control BMPs specified in the WQMP include, but are not limited to, marking all inlets to indicate that A-30 11086-0191 \2074636v2.doc they drain to the ocean, designing landscaping to minimize irrigation and runoff, minimizing fertilizer and pesticide use, designating of trash receptacle areas, and avoiding the use of unprotected metals that could leach into runoff. Operational BMPs specified in the WQMP include, but are not limited to, repainting or replacing inlet markings, providing Integrated Pest Management plan information to owners, tenants, and employees, and inspecting and maintaining drains to prevent blockages and overflow. LID BMPs include a large infiltration basin, encouragement of natural infiltration, and conversion of a concrete -lined flood control channel to an infiltration swale. b. Facts in Support of Findings During construction, excavation, grading, and stockpiling of materials would alter the ground surface, consequently altering drainage patterns. Further, a portion of the Project Site is located within a flood zone, indicating that flood flows have a chance of inundating the area and being altered by construction activities. Altered drainage patterns have the potential to result in erosion, sedimentation and/or flooding on or offsite by redirecting or concentrating flows onsite. To reduce these potential impacts, Mitigation Measure MM -HYDRO -1 would require the Project operator to implement a SWPPP that would include erosion and sediment control BMPs, which minimize the potential for erosion and sedimentation to occur during construction. The Project operator would also be required to submit an ESCP that includes erosion and sedimentation control measures as well as BMPs designed to filter (and slow the velocity of) runoff onsite during construction. Further, compliance with Municipal Code Chapter 18.18 would avoid grading operations during the rainy season to the maximum extent possible, minimize exposure time of disturbed soil areas, and implement landscaping as early as feasible. These measures and BMPs would minimize the potential for erosion, sedimentation and flooding to occur during construction. Therefore, major alterations to the drainage pattern would occur over a relatively limited time frame and would be timed to avoid rainy season/flooding events when possible. Impacts to drainage patterns and associated erosion, sedimentation and/or flooding during construction would be less than significant with the above mitigation measures incorporated. During operation, the Project Site would consist of new residences, recreational areas, parking spaces, and landscaped areas. Approximately 52 percent of the Project Site (or approximately 12 of the 23 total acres) would be impervious. Therefore, compared to existing undeveloped conditions, the Project would permanently alter the drainage pattern of the Site. Mitigation Measure MM -HYDRO -2 requires implementation of the BMPs specified in the Project -specific WQMP, including low Impact Development (LID) BMPs requiring conversion of the existing Project Site concrete -lined channel to an infiltration swale with A-31 11086-0191 \2074636v2.doc grass sides and cobblestone bottom. With implementation of these measure and BMPs, drainage would drain similarly to existing conditions (in a northwest direction) to the swale that would then direct surface flows into a newly -constructed infiltration basin at the northern end of the Project Site. The infiltration swale and infiltration basin would promote absorption of floodwaters onsite and would thus attenuate flooding potential. Therefore, the Project's permanent alterations in topography and drainage on the Project Site are not expected to result in erosion, sedimentation, or flooding with the implementation of Mitigation Measures MM -HYDRO -1 and MM -HYDRO -2. Impacts would be less than significant. 3. Create or Contribute Stormwater Runoff Water or Require New Storm Water Drainage Facilities or Expansion of Existing Facilities. Impact HYDRO -4: The Project could create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff. a. Findings Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects related to stormwater drainage runoff or drainage. Specifically, the following measures have been included to ensure that the Project's potential impacts remain less than significant. See Mitigation Measures MM -HYDRO -1 and MM -HYDRO -2 above. b. Facts in Support of Findings Currently, the Project Site's drainage flows to the northwest corner into an open channel that eventually discharges into Temecula Creek and, as further discussed above, construction activities and materials would alter the drainage pattern. Construction of the Project would require the use of water onsite for various purposes including dust control, concrete mixing, and sanitation, which would potentially increase flow into the drainage system. Mitigation Measure MM -HYDRO -1 requires implementation of an ESCP, which requires filtration of discharge leaving the Project Site, thereby slowing discharge flows and preventing runoff from overwhelming storm drains. With implementation of Mitigation Measure MM -HYDRO -1, construction of the Project would not exceed the existing capacity of storm drains during construction. During operation, the Project Site would consist of new residences, recreational areas, parking spaces, and landscaped areas. Approximately 52 percent of the Project Site (or approximately 12 of the 23 total acres) would be impervious. Compared with existing undeveloped site conditions, operation of the Project could reduce the site's capacity to A-32 11086-0191 \2074636v2.doc capture and filter stormwater runoff and, during a storm event, an increase in runoff could potentially overwhelm receiving storm drains. However, the proposed Project includes the installation of storm drains on the Project Site that would connect with the existing storm drain in the northwest corner. Mitigation Measure MM -HYDRO -2 would require the implementation of infiltration LID BMPs by way of an infiltration basin, conversion of the concrete -lined channel to an infiltration swale, and maximization of pervious, open space areas throughout the Project Site. The Preliminary Drainage Study prepared for the Project concluded the Project would have no negative impacts downstream post -development, indicating that flows leaving the Project Site would not overwhelm or exceed storm drain capacity Therefore, operation of the proposed Project would result in less than significant impacts related to the capacity of existing and planned stormwater drainage systems with the implementation of mitigation measure MM -HYDRO -2. 4. Degradation of Water Quality Impact HYDRO -5: The Project could otherwise substantially degrade water quality. a. Findings Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects related to water quality. Specifically, the following measures have been included to ensure that the Project's potential impacts remain less than significant. See Mitigation Measures MM -HYDRO -1 and MM -HYDRO -2 above. b. Facts in Support of Findings As discussed above in Sections VI.G, impacts to water quality from the introduction of sediment or other pollutants into receiving water bodies during construction and operation would be reduced through the implementation of the SWPPP and ESCP required as part of Mitigation Measure MM -HYDRO -1 and the implementation of the BMPs specified in the Project -specific WQMP required as part of Mitigation Measure MM -HYDRO -2. Given the depth of the local groundwater table (approximately 63 feet beneath the ground surface), ground -disturbing construction activities, including excavation and trenching, would not likely reach groundwater such that groundwater contamination would occur. During operation, surface water infiltration would be subject to natural treatment via percolation prior to entering the groundwater basin, and would thus not substantially affect groundwater quality. As such, the Project would not have the potential to otherwise substantially degrade water quality. Therefore, impacts to the degradation of water quality would be less than significant with the implementation of Mitigation Measures MM -HYDRO -1 and MM -HYDRO -2. A-33 11086-0191 \2074636v2.doc 5. Housing or Structures Within 100 -Year Flood Hazard Area — Flooding and Flood Flows Impact HYDRO -6: The Project could place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map; or place within a 100 -year flood hazard area structures which would impede or redirect flood flows. a. Findings Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects related to water quality. Specifically, the following measures have been included to ensure that the Project's potential impacts remain less than significant. Mitigation Measure MM -HYDRO -2: The applicant shall implement the best management practices (BMPs) contained in the Water Quality Management Plan (WQMP) prepared for the project in March 2016. The project WQMP proposes implementation of various Structural Source Control BMPs (permanent, structural features), Operational Source Control BMPs (implemented by the site's occupant or users), and Low Impact Development (LID) BMPs. Source Control BMPs specified in the WQMP include, but are not limited to, marking all inlets to indicate that they drain to the ocean, designing landscaping to minimize irrigation and runoff, minimizing fertilizer and pesticide use, designating of trash receptacle areas, and avoiding the use of unprotected metals that could leach into runoff. Operational BMPs specified in the WQMP include, but are not limited to, repainting or replacing inlet markings, providing Integrated Pest Management plan information to owners, tenants, and employees, and inspecting and maintaining drains to prevent blockages and overflow. LID BMPs include a large infiltration basin, encouragement of natural infiltration, and conversion of a concrete -lined flood control channel to an infiltration swale. b. Facts in Support of Findings The northern portion of the Project Site is located within a 100 -year flood zone and has the potential to become flooded when major rainstorms cause stream overflows in Temecula Creek. (See Draft EIR, Figure 3.8-1.) However, the Preliminary Drainage Study prepared for the Project Site determined there would be no negative downstream impacts during Project operation regarding post -development flows, indicating the Project would not worsen flooding. During operation, the proposed Project would consist of 245 residential units (attached and detached), a clubhouse including a spa and pool, tot lots, picnic areas, a bocce court, and a meandering trail. Potential impacts to the site's hydrology resulting from A-34 11086-0191 \2074636v2.doc placing housing and recreational structures in the flood zone include increased runoff volume and velocity; reduced infiltration; increased flow frequency, duration, and peaks; faster time to reach peak flow; and water quality degradation. In the event of a flood, the Project Site would be able to infiltrate portions of flood flows. Specific building standards, as described in Municipal Code Chapter 15.12, apply to flood -prone areas, including anchoring, use of flood -resistant building materials, use of adequate drainage paths, and elevating the structures to or above the base flood elevation. The City also reviews development plans for projects within the floodplain to ensure compliance with the California Building Code, the City's Municipal Code, and FEMA floodplain development requirements to resist flood -related damage. As part of compliance with Mitigation Measure MM -HYDRO -2, the proposed Project would implement LID BMPs, including an infiltration basin, conversion of the concrete -lined channel to an infiltration swale, and pervious surfaces throughout the site to increase site infiltration. With implementation of these measures, the Project Site would be able to infiltrate portions of flood flows in the event of a flood. Therefore, impacts related to placement of housing and structures within a 100 -year flood hazard area would be less than significant with mitigation. H. LAND USE AND PLANNING 1. Consistency with Conservation Plans. Impact LAN -3: The Project is located within the WRC MSHCP area and the payment of development fees to the Stephens' kangaroo fund is required. a. Findings Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects related to consistency with conservation plans. Specifically, the following measures have been included to ensure that the Project's potential impacts remain less than significant. Mitigation Measure MM BIO -3: The applicant shall pay applicable Local Development Mitigation fees, as established and required by the Conservation Authority and City of Temecula, for continued implementation of the Western Riverside County MSHCP and Habitat Conservation for the Stephens' Kangaroo Rat. b. Facts in Support of Findings The Project Site is located within the Western Riverside County Multiple Species Habitat Conservation Plan (WRC MSHCP) area, where the City of Temecula is a participating entity and permittee of the WRC MSHCP. A full WRC MSHCP compliance report for the Project determined that the Project was consistent with the WRC MSHCP. Additionally, a subsequent Biological Technical Report and MSHCP Consistency A-35 11086-0191 \2074636v2.doc Analysis was prepared in 2016 to document the current existing conditions on the Project Site to determine if conditions have changed since the previous survey reports. Based on the surveys in these reports, the proposed Project is in compliance with the WRC MSHCP. Specifically, the Project Site is located within two criteria cells -7445 and 7446—of the WRC MSHCP, which requires the conservation of Proposed Constrained Linkage 14 (Temecula Creek) and species-specific surveys for burrowing owl. As described under Biological Resources above, implementation of Mitigation Measure MM -BIO -2 requires preconstruction surveys to confirm the presences or absence of this species, which would reduce any potentially significant impacts related to burrowing owls. Thus, implementation of this mitigation measure would ensure consistency with the WRC MSHCP as it relates to the burrowing owls. Additionally, the Project Site falls within the federal Habitat Conservation Program (HCP) fee payment area for the Stephens' kangaroo rat. This fee payment area generally encompass the historic range of the Stephens' kangaroo rat in Western Riverside County. However, the Project Site is not located within identified occupied habitat for the Stephens' kangaroo rat and the species has a low potential to occur due to lack of geographic connectivity. Therefore, impacts to the Stephen's kangaroo rat would be less than significant, but development fees into the Stephens' kangaroo rat fund are required by Mitigation Measure MM BIO -3 and City of Temecula Municipal Code (Section 3.2.3) for consistency with the WRC MSHCP. Therefore, the proposed Project would not conflict with applicable conservation plans and impacts would be less than significant with mitigation incorporated. I. NOISE 1. Operations – Exposure to Noise Levels in Excess of Standards. Impact NOI-1: Operation of the proposed Project could expose nearby sensitive resources to noise levels exceeding 5 dB due to operation of HVAC equipment at the Project Site. Impact NOI-2: The proposed duplex/triplex units could be exposed to noise levels exceeding 70 dBA CNEL due to traffic noise along adjacent roadways. a. Findings Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects related to exposure to excessive noise levels. Specifically, the following measures have been included to ensure that the Project's potential impacts remain less than significant. Mitigation Measure MM -N01-3: Prior to the issuance of a certificate of occupancy, the applicant shall ensure that all new HVAC or mechanical A-36 11086-0191 \2074636v2.doc equipment associated with the proposed project be designed with adequate shielding (e.g., via rooftop parapet or enclosure) or noise muffling devices to ensure that noise levels would not exceed the ambient noise level on the premises of other occupied residential properties located offsite by more than 5 dBA CNEL. Mitigation Measure MM -N01-4: Prior to the issuance of a certificate of occupancy, the applicant shall ensure that all exterior windows associated with the proposed residential uses at the project site along Pechanga Parkway, west of Loma Linda Road shall be constructed to provide a sufficient amount of sound insulation to ensure that interior noise levels would be below 45 dB Ldn or CNEL in any habitable room. b. Facts in Support of Findings As part of the proposed Project, new mechanical equipment, such as heating, ventilation, and air conditioning units (HVAC), may be installed on the residential units. The noise levels generated by the new HVAC units and exhaust fans could potentially disturb the existing residential uses surrounding the Project Site. In particular, the residential uses located immediately west of the Project Site, across the concrete -lined flood channel, would be exposed to the highest noise levels due to their proximity to the Project Site. According to Municipal Code Section 9.20.030 (Exemptions), sound emanating from heating and air conditioning equipment are exempt from the City's noise standards. Nonetheless, as an industry practice and Project design, the onsite HVAC units and other noise -generating mechanical equipment on new residential units would typically be installed on the rooftops and would be equipped with noise muffling devices or shielding to reduce noise levels that may affect nearby noise -sensitive uses. 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-1 requires the use shielding or noise muffling devices that ensure noise levels would not exceed the noise level on the premises of offsite residential properties by more than 5 dBA CNEL. Therefore, noise impacts associated with HVAC equipment would be mitigated to Tess than significant. The new residential uses on the Project Site would be considered noise sensitive, so the Project itself would locate new noise -sensitive uses on the Project Site in an existing urban setting. The Project's detached cluster units along Pechanga Parkway, west of Loma Linda Road, would be exposed to maximum ambient noise levels up to approximately 73 dBA CNEL at 40 feet from Pechanga Parkway, which would exceed the City's land use compatibility standard of 70 dBA CNEL for multiple -family housing. Mitigation Measure MM -N01-4 would require the applicant to construct the residential units in the detached cluster along Pechanga Parkway west of Loma Linda Road with A-37 11086-0191 \2074636v2.doc sound insulating windows that ensure that interior noise levels would be below 45 dB Ldn or CNEL. With implementation of this mitigation measure, noise impacts to these on-site residences are reduced to less than significant. Increased traffic associated with the proposed Project would not result in a significant increase to current baseline or future (2020) baseline conditions. The Project would increase local noise levels by a maximum of 0.5 dBA CNEL at the nearest roadway segment of Loma Linda, which would not exceed the identified threshold of significance and, thus, the Project's impact to traffic noise would be less than significant without m itigation. J. TRAFFIC AND CIRCULATION The EIR identified the potential for the Project to cause significant traffic impacts at six intersections under either Existing (2016) Baseline Conditions or Opening Year (2020) Baseline Conditions, as further discussed below. In addition, the EIR identified the potential for the Project to cause a significant cumulative impact to four intersections. Measures have been identified that would mitigate impacts at each of these intersections to a less than significant level. 1. Effectiveness of Circulation System — Existing (2016) Conditions. Impact Circ -la: The proposed Project would result in significant impacts at the following intersections under Existing (2016) Conditions: • 1-15 SB Ramps & Temecula Parkway (AM and PM peak hours) • 1-15 NB Ramps & Temecula Parkway (PM peak hour) • Loma Linda Road & Pechanga Parkway (PM peak hour) a. Findings Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects related to traffic under existing (2016) conditions. Specifically, the following measures have been included to ensure that the Project's potential impacts remain less than significant. Mitigation Measure MM -CIRC -1: To mitigate the project impact, the following improvements are required: • Optimize the AM and PM peak hour traffic signal cycle lengths and splits within the coordinated timing plan for the 1-15 SB Ramps & Temecula Parkway and 1-15 NB Ramps & Temecula Parkway intersections. • Optimize the AM and PM peak hour traffic signal cycle lengths and splits within the coordinated timing plan for the Loma Linda Road & Pechanga Parkway intersection. Since Pechanga A-38 11086-0191 \2074636v2.doc Parkway operates an Adaptive Traffic Signal System, the entire corridor will need to be optimized. b. Facts in Support of Findings The City's Traffic Impact Analysis Guidelines sets a standard of LOS "D" for all City facilities in this Project's study area for this Project. For intersections that already operate at an LOS "E" or worse, an increase in delay of 2.0 seconds or more is considered a significant impact. Projects are not responsible for mitigating intersections unless the project causes an increase in delay of 2.0 or more seconds, even if the intersection is operating at an unacceptable LOS. The Caltrans Guide for the Preparation of Traffic Impact Studies sets a desired standard of either LOS "C" or "D," but the higher standard of LOS "C" was applied to all Caltrans facilities for a conservative analysis of this Project's impacts. For intersections that already operate at LOS "D" or worse, any increased delay is considered a significant impact. At the following three intersections, the Project would result in impacts that exceed the above LOS standards: (a) 1-15 SB Ramps/Temecula Parkway (during AM and PM peak hours); (b) 1-15 NB Ramps/Temecula Parkway (during PM peak hour); and (c) Loma Linda Road/Pechanga Parkway (during PM peak hour). The 1-15 SB Ramps/Temecula Parkway intersection is a Caltrans facility that operates at the unacceptable LOS "D," and the Project would result in an increased delay of 0.7 seconds during AM and PM peak hours. During PM peak hour, the 1-15 NB Ramps/Temecula Parkway intersection also operates at LOS "D," and the Project would result in an increased delay of 5.1 seconds during PM peak hour. The required improvements to these two Caltrans intersections in Mitigation Measure MM -CIRC -1 would improve the LOS at both intersections to LOS "C," which is acceptable under the Caltrans standard. Therefore, impacts to these two intersections would be less than significant with mitigation. The Loma Linda Road/Pechanga Parkway is a City facility that operates at an acceptable LOS "D" during PM peak hour. The Project would degrade this intersection's LOS to an unacceptable LOS "E," and increase delays by 26.3 seconds, during PM peak hour. The required improvements to this City intersection in Mitigation Measure MM -CIRC -2 would maintain the intersection's LOS at "C," and would improve delays from 39.2 to 29.0 seconds, during PM peak hour. Therefore, impacts to this this intersection would be less than significant with mitigation. 2. Effectiveness of Circulation System — Opening Year (2020) Conditions 11086-0191 \2074636v2.doc A-39 Impact Circ -lc: The proposed Project would result in a significant impact at the 1-15 NB Ramps & Temecula Parkway intersection under Opening Year (2020) Conditions. Impact Circ -1d: The proposed Project would result in a significant impact at the Loma Linda Road & Pechanga Parkway intersection under Opening Year (2020) Conditions. Impact Circ -le: The proposed Project would result in a significant impact at the La Paz Road & Temecula Parkway intersection under Opening Year (2020) Conditions. a. Findings Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the potentially significant environmental effects related to traffic under opening year (2020) conditions. Specifically, the following measures have been included to ensure that the Project's potential impacts remain less than significant. Mitigation Measure MM CIRC -1: To mitigate the project impact, the following improvements are required: • Optimize the AM and PM peak hour traffic signal cycle lengths and splits within the coordinated timing plan for the 1-15 SB Ramps & Temecula Parkway and 1-15 NB Ramps & Temecula Parkway intersections. • Optimize the AM and PM peak hour traffic signal cycle lengths and splits within the coordinated timing plan for the Loma Linda Road & Pechanga Parkway intersection. Since Pechanga Parkway operates an Adaptive Traffic Signal System, the entire corridor will need to be optimized. Mitigation Measure MM CIRC -2: To mitigate the project impact, the project proponent/developer is required to pay a fair -share contribution for the following additional improvements: • Modify the southbound approach to add a right -turn overlap phase. Mitigation Measure MM CIRC -3: To mitigate the project impact, the project proponent/developer is required to pay a fair -share contribution for the following improvements: • Optimize the AM and PM peak hour traffic signal cycle lengths and splits within the coordinated timing plan. Since Temecula A-40 11086-0191 \2074636v2.doc Parkway operates an Adaptive Traffic Signal System, the entire corridor will need to be optimized. • Modify the westbound approach to provide a right turn lane with 300 feet of storage. b. Facts in Support of Findings The City's Traffic Impact Analysis Guidelines sets a standard of LOS "D" for all City facilities in this Project's study area for this Project. For intersections that already operate at an LOS "E" or worse, an increase in delay of 2.0 seconds or more is considered a significant impact. Projects are not responsible for mitigating intersections unless the project causes an increase in delay of 2.0 or more seconds, even if the intersection is operating at an unacceptable LOS. The Caltrans Guide for the Preparation of Traffic Impact Studies sets a desired standard of either LOS "C" or "D," but the higher standard of LOS "C" was applied to all Caltrans facilities for a conservative analysis of this Project's impacts. For intersections that already operate at LOS "D" or worse, any increased delay is considered a significant impact. At the following three intersections, the Project could result in impacts that exceed the above LOS standards without mitigation: (a) 1-15 NB Ramps/Temecula Parkway (during PM peak hour); (b) Loma Linda Road/Pechanga Parkway (during AM peak hour); and (c) La Paz Road/Temecula Parkway (during AM peak hour). The 1-15 NB Ramps/Temecula Parkway intersection is a Caltrans facility that is expected to operate at the unacceptable LOS "D" during PM peak hour under Opening Year (2020) Conditions (Without Project). The Project would result in an increased delay of 0.9 seconds during PM peak hour. The required improvements to this Caltrans intersection in Mitigation Measure MM - CIRC -1 would improve the LOS at this intersection to LOS "C" during PM peak hour, which is acceptable under the Caltrans standard. Therefore, impacts to the 1-15 NB Ramps/Temecula Parkway intersection would be less than significant with mitigation. The Loma Linda Road/Pechanga Parkway is a City facility that is expected to operate at an acceptable LOS "D" under Opening Year (2020) Conditions (Without Project). The Project would result in a degradation of this intersection to an LOS "E," and result in an increased delay of 11.7 seconds, during AM peak hour. The required improvements in Mitigation Measures MM -CIRC -1 and MM -CIRC -2 would maintain the intersection's acceptable LOS at "D," and improve the delay from 47.9 under baseline conditions to 41.4, during AM peak hour. Therefore, impacts to the Loma Linda Road/Pechanga Parkway intersection would be less than significant with m itigation. A-41 11086-0191 \2074636v2.doc The La Paz Road/Temecula Parkway intersection is a City facility that is expected to operate at an unacceptable LOS "F" under Opening Year (2020) Conditions (Without Project) during AM peak hour. During AM peak hour, the Project would result in an increased delay of 5.7 seconds. The required improvements to this intersection in Mitigation Measure MM -CIRC -3 would result reduce delays at this intersection by 34.4 seconds (from 145.6 seconds under baseline conditions to 111.2 seconds with the Project and MM -CIRC -3). Therefore, impacts to the La Paz Road/Temecula Parkway intersection would be less than significant with mitigation. Therefore, with the implementation of Mitigation Measures MM -CIRC -1, MM -CIRC -2, and MM -CIRC -3, impacts to circulation under Opening Year (2020) Conditions would be less than significant. 3. Cumulative Traffic Impacts — Future Buildout (2035) Conditions. Impact CUM -CIRC -lb: Under Future Buildout (2035) Plus Project conditions, the 1-15 NB Ramps and Temecula Parkway intersection would operate at an unacceptable LOS, resulting in a potentially significant impact. Impact CUM -CIRC -1c: Under Future Buildout (2035) Plus Project conditions, the Pechanga Parkway and Temecula Parkway intersection would operate at an unacceptable LOS, resulting in a potentially significant impact. Impact CUM -CIRC -1d: Under Future Buildout (2035) Plus Project conditions, the Loma Linda Road and Pechanga Parkway intersection would operate at an unacceptable LOS, resulting in a potentially significant impact. Impact CUM -CIRC -le: Under Future Buildout (2035) Plus Project conditions, the La Paz Road and Temecula Parkway intersection would operate at an unacceptable LOS, resulting in a potentially significant impact. a. Findings Changes or alterations have been required in or incorporated into the Project which avoid or substantially lessen the cumulatively considerable impacts to local roadways. Specifically, the following measures have been included to ensure that the impacts remain less than cumulatively considerable. Mitigation Measure MM CIRC -1: To mitigate the project impact, the following improvements are required: A-42 11086-0191 \2074636v2.doc • Optimize the AM and PM peak hour traffic signal cycle lengths and splits within the coordinated timing plan for the 1-15 SB Ramps & Temecula Parkway and 1-15 NB Ramps & Temecula Parkway intersections. • Optimize the AM and PM peak hour traffic signal cycle lengths and splits within the coordinated timing plan for the Loma Linda Road & Pechanga Parkway intersection. Since Pechanga Parkway operates an Adaptive Traffic Signal System, the entire corridor will need to be optimized. Mitigation Measure MM CIRC -2: To mitigate the project impact, the project proponent/developer is required to pay a fair -share contribution for the following additional improvements: • Modify the southbound approach to add a right -turn overlap phase. Mitigation Measure MM CIRC -3: To mitigate the project impact, the project proponent/developer is required to pay a fair -share contribution for the following improvements: • Optimize the AM and PM peak hour traffic signal cycle lengths and splits within the coordinated timing plan. Since Temecula Parkway operates an Adaptive Traffic Signal System, the entire corridor will need to be optimized. • Modify the westbound approach to provide a right turn lane with 300 feet of storage. Mitigation Measure MM -CUM -CIRC -2: To mitigate the project impact, the following improvements are required: • Modify the northbound approach to add a second right -turn lane. • Modify the eastbound approach to add a third right -turn lane. • Modify the westbound approach to add a third left -turn lane. • Optimize the AM and PM peak hour traffic signal cycle lengths and splits within the coordinated timing plan. Since the Temecula Parkway and Pechanga Parkway intersection operates Adaptive Traffic Signal Systems, both corridors will require optimization. A-43 11086-0191 \2074636v2.doc b. Facts in Support of Findings The City's Traffic Impact Analysis Guidelines sets a standard of LOS "D" for all City facilities in this Project's study area for this Project. For intersections that already operate at an LOS "E" or worse, an increase in delay of 2.0 seconds or more is considered a significant impact. Projects are not responsible for mitigating intersections unless the project causes an increase in delay of 2.0 or more seconds, even if the intersection is operating at an unacceptable LOS. The Caltrans Guide for the Preparation of Traffic Impact Studies sets a desired standard of either LOS "C" or "D," but the higher standard of LOS "C" was applied to all Caltrans facilities for a conservative analysis of this Project's impacts. For intersections that already operate at LOS "D" or worse, any increased delay is considered a significant impact. At the following four intersections, the Project could result in impacts that exceed the above LOS standards without mitigation: (a) I-15 NB Ramps/Temecula Parkway (during AM peak hour); (b) Pechanga Parkway/Temecula Parkway (during PM peak hour); (c) Loma Linda Road/Pechanga Parkway (during AM peak hour); and (d) La Paz Road/Temecula Parkway (during AM and PM peak hours). The 1-15 NB Ramps/Temecula Parkway intersection is a Caltrans facility that is expected to operate at the unacceptable LOS "D" during AM peak hour under Future Buildout (2035) Conditions (Without Project). The Project would result in an increased delay of 0.2 seconds during AM peak hour. The required improvements to this Caltrans intersection in Mitigation Measure MM - CIRC -1 would improve the LOS at this intersection to LOS "A" during AM peak hour, which is acceptable under the Caltrans standard. Therefore, cumulative impacts to the I- 15 NB Ramps/Temecula Parkway intersection would be less than significant with m itigation. The Pechanga Parkway/Temecula Parkway intersection is expected to operate at the unacceptable LOS "F" during PM peak hour under Future Buildout (2035) Conditions (Without Project). The Project would result in an increased delay of 5.7 seconds during PM peak hour. The required improvements to this intersection in Mitigation Measure MM -CUM -CIRC -1 would improve the LOS at this intersection to LOS "D" during PM peak hour, which is acceptable under the City standard. Therefore, cumulative impacts to the Pechanga Parkway/Temecula Parkway intersection would be less than significant with mitigation. The Loma Linda Road/Pechanga Parkway intersection is expected to operate at the unacceptable LOS "D" during AM peak hour under Future Buildout (2035) Conditions (Without Project). The Project could result in degraded operations at this intersection to an LOS "E" an increased delay of 9.3 seconds during AM peak hour. A-44 11086-0191 \2074636v2.doc The required improvements to this intersection in Mitigation Measures MM -CIRC -1 and MM -CIRC -2 would maintain the LOS at this intersection to LOS "D" during PM peak hour, which is acceptable under the City standard, and improve delays from 47.9 seconds without the Project to 45.6 with the Project and mitigation. Therefore, cumulative impacts to the Loma Linda Road/Pechanga Parkway intersection would be less than significant with mitigation. The La Paz Road/Temecula Parkway intersection is expected to operate at the unacceptable LOS "F" during AM peak hour and LOS "E" under Future Buildout (2035) Conditions (Without Project). The Project could result an increased delay of 4.4 seconds during AM peak hour and 3.9 seconds during PM peak hour. These increased delays would exceed the 2 -second threshold applicable to intersections that already operate at an unacceptable LOS. The required improvements to this intersection in Mitigation Measure MM -CIRC -3 would maintain the expected service levels at LOS "F" during AM peak hour and LOS "E" during PM peak hour. Although the intersection would still operate at an unacceptable LOS, implementation of MM -CIRC -3 would result in reduced delays compared to baseline Future Buildout (2035) Conditions. During AM peak hour, delays would be reduced from 132.6 seconds under baseline conditions to 106.2 seconds with implementation of the Project and MM -CIRC -3. During PM peak hours, the Project with mitigation would maintain operations at pre -Project conditions. Therefore, cumulative impacts to the La Paz Road/Temecula Parkway intersection would be less than significant with mitigation. Therefore, with the implementation of Mitigation Measures MM -CIRC -1, MM -CIRC -2, MM -CIRC -3, and MM -CUM -CIRC -1, cumulative traffic impacts to the following intersections would be less than significant: (a) 1-15 NB Ramps/Temecula Parkway; (b) Pechanga Parkway/Temecula Parkway; (c) Loma Linda Road/Pechanga Parkway; and (d) La Paz Road/Temecula Parkway. As discussed below in Section VII, cumulative impacts to the 1-15 SB Ramps/Temecula Parkway intersection would remain significant and unavoidable. VII. Environmental Effects that Remain Significant and Unavoidable After Mitigation. In the environmental areas of Noise and Traffic and Circulation, there are instances where potential environmental impacts would remain significant and unavoidable, as discussed below: A. NOISE 1. Construction Noise Impacts Impact NOI-1: 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-45 11086-0191 \2074636v2.doc Impact NOI-4: Construction activities associated with the proposed Project would generate a substantial temporary or periodic increase in ambient noise levels in the Project vicinity and would expose nearby sensitive receptors to substantial increases in noise levels. These noise levels would result in substantial temporary or periodic ambient noise levels at the following surrounding sensitive land uses: residences southeast of the Project Site across Loma Linda Road, residences west of the Project Site across the concrete -lined flood channel, residences northeast of the Project Site across Temecula Lane, and at the Pala Community Park. a. Findings During construction, the proposed Project has a potential to temporarily generate noise levels that may result in (1) exposure of persons to or generation of noise levels in excess of applicable local standards and (2) a substantial temporary or periodic increase in ambient noise levels in the Project vicinity above levels existing without the Project. Changes or alterations have been required in or incorporated into the Project that reduce the impacts related to construction noise. The below mitigation measures are required in order to reduce construction noise impacts to the extent feasible. Mitigation Measure MM -N01-1: Prior to the issuance any grading or building permits for a phase or sub phase (project -specific future development within a construction phase), the applicant shall provide evidence to the City that the development will not exceed the City's exterior noise standards for construction (see Table 3.10-8). 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. Factors the City shall consider when granting a noise exception include, but are not limited to, the consideration of the level of noise, duration of noise, constancy or intermittency of noise, time of day or night, place, proximity to sensitive receptors, nature and circumstances of the emission or transmission of any such loud noise. If a construction -related exception request is not approved 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. A-46 11086-0191 \2074636v2.doc Mitigation Measure MM -N01-2: The applicant shall comply with the following noise reduction measures during construction: • 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, as determined by the City of Temecula's Building Official based on the circumstances such as exposure to sensitive receptors, type and number of equipment used, and duration of noise. • 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, as determined by the City's Building Official based on the circumstances such as exposure to sensitive receptors, type and number of equipment used, and duration of noise. • Construction truck traffic shall be restricted to routes approved by the City of Temecula, and 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. A-47 11086-0191 \2074636v2.doc • 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 Construction of the proposed Project would require the use of heavy equipment during the grading and excavation activities at the Project Site, installation of new utilities, paving, and building fabrication for the proposed residential buildings. Development activities would also involve the use of smaller power tools, generators, and other sources of noise. During each stage of development, there would be a different mix of equipment, which means that construction activity noise levels at and near the Project Site would fluctuate depending on the particular type, number, and duration of use of the various pieces of construction equipment. Under Municipal Code Section 9.20.040, the exterior noise standard for single-family residential use receptors is 65 dBA Ldn/CNEL. However, Section 9.20.070 (Exceptions) allows for construction -related exceptions from these noise standards if approved by the City Manager. The request for construction -related exceptions must be submitted in writing at least three working days in advance of the scheduled and permitted construction activity, and be accompanied with the appropriate inspection fee(s). Further, construction activities are prohibited between the hours of 6:30 P.M. and 7:00 A.M. Monday through Friday, and are allowed on Saturday only between 7:00 A.M. and 6:30 P.M.. Construction activities are prohibited on Sundays and nationally recognized holidays. Existing sensitive receptors in the vicinity of the Project Site consist primarily of single- family residential uses located nearby the Project Site to the southeast, southwest, west, and northwest. A community park is also located north of the Project Site. During construction of the Project, these nearby offsite land uses could be located less than 30 feet from a construction site. To provide a conservative or "worst-case" analysis, the EIR assumed that the highest noise level would occur continuously for an entire hour during a construction day. But it should be noted that construction equipment would rarely operate continuously for a full hour at a construction site because the operating cycle for construction equipment would typically involve one or two minutes of full power operation followed by three or four minutes at lower power settings. Additionally, construction equipment engines would likely be intermittently turned on and off over the course of an hour. Based on the types of equipment that would be required for construction, noise levels could reach up to 90 dBA Leq at the nearest land uses, which are located within 30 feet of the Project. Based on the conservative "worst case" analysis, it was assumed that hourly construction noise levels would be 90 dBA Leq for up to eight hours. Given that construction noise levels generated by the Project could reach as high as 90 dBA Ldn at A-48 11086-0191 \2074636v2.doc 30 feet from a construction site, it is likely that the City's exterior noise levels would be exceeded at land uses farther from the Project Site. Exterior noise levels could exceed the 65 dBA Leq/CNEL standard up to 550 feet from construction activities. The existing daytime noise levels measured at locations surrounding the Project Site range from approximately 48.5 dBA to 71.2 dBA Leq. As construction noise levels associated with the Project could reach as high as 90 dBA Leq at a distance of 30 feet from a construction site, an increase in noise levels of 13 to 38 dBA could occur at a neighboring receptor to the construction site. The highest increase in ambient daytime noise levels would be approximately 38 dB, which would occur at the existing single- family residential uses located west of the Project Site, across the flood channel. Such an increase in the ambient noise levels at a neighboring receptor would be considered substantial, since a change in noise levels of 10 dBA is subjectively heard as doubling of the perceived loudness. As such, construction noise associated with the proposed Project would be substantially greater than existing noise levels at these nearby sensitive receptor locations. Mitigation Measure MM -N01-1 would require the applicant to provide evidence to the City that construction activities would not exceed the City's noise standard. If it is determined that City noise standards would be exceeded during construction, the applicant must submit an exception request at least one week in advance of construction activities. Although this exception would allow for the City's noise standards to be exceeded from a regulatory perspective, the construction noise levels generated by the Project would be considered a significant environmental impact because the resultant noise levels could still result in a substantial temporary increase in noise levels at offsite receptors. Mitigation Measure MM -N01-2 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 the circumstances where future construction sites within the Project Site are located immediately adjacent to other land uses, the noise reduction devices and techniques prescribed under Mitigation Measure MM -N01-2 would not be able to fully attenuate construction noise levels. As a result, noise impacts related to a substantial temporary or periodic increase in ambient noise levels above existing levels existing would remain significant. Although Mitigation Measure MM -N01-2 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 Site 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 and the proposed Project would generate a substantial temporary or periodic increase in ambient noise levels in the A-49 11086-0191 \2074636v2.doc Project vicinity. Mitigation Measures MM -N01-1 and MM -N01-2 reduce temporary construction noise to the extent feasible and no additional feasible mitigation is available due to the inherent noise associated with construction activities and the proximity of nearby receptors. B. TRAFFIC AND CIRCULATION 1. Cumulative Traffic Impacts on 1-15 SB Ramps/Temecula Parkway Intersection Impact CUM -CIRC -la: Under Future Buildout (2035) Plus Project conditions, the 1-15 SB Ramps and Temecula Parkway intersection would operate at an unacceptable LOS, resulting in a potentially significant impact. a. Findings The proposed Project has a potential to result in significant traffic impacts to the 1-15 SB Ramps/Temecula Parkway intersection under Future Buildout (2035) Conditions. Changes or alterations have been required in or incorporated into the Project that reduce the impacts related to construction noise. The below mitigation measures are required in order to reduce construction noise impacts to the extent feasible. Mitigation Measure MM -CUM -CIRC -1: To mitigate the project impact, the following improvements are required: • Modify the northbound approach from one left -turn lane, one through lane, one shared through/right lane and one right -turn lane to one left -turn lane, one through lane and three right -turn lanes with a right -turn overlap phase. • Modify the eastbound approach from one left -turn lane, one through lane and one shared through/right-turn lane to one left - turn lane, two through lanes and two right -turn lanes with a right -turn overlap phase. • Modify the southbound approach from one left -turn lane, one through lane and one shared through/right lane to two left -turn lanes, one through lane and one shared through/right lane. • Optimize the AM and PM peak hour traffic signal cycle lengths and splits within the coordinated timing plan. b. Facts in Support of Findings The EIR calculated traffic volumes for the Future Buildout (2035) Plus Project scenario by adding volumes generated by the proposed Project to the Future Buildout (2035) A-50 11086-0191 \2074636v2.doc Base conditions. The Caltrans Guide for the Preparation of Traffic Impact Studies sets a desired standard of either LOS "C" or "D," but the higher standard of LOS "C" was applied to all Caltrans facilities for a conservative analysis of this Project's impacts. For intersections that already operate at LOS "D" or worse, any increased delay is considered a significant impact. At the 1-15 SB Ramps/Temecula Parkway intersection (during AM and PM peak hours), the Project would result in impacts that exceed the above LOS standards without mitigation. This intersection is a Caltrans facility that is expected to operate at LOS "E" during AM peak hour and at LOS "F" during PM peak hour under Future Buildout (2035) Conditions (Without Project). The Project would result in an increased delay of 0.9 seconds during AM peak hour and 5.7 seconds during the PM peak hour. Because any increased delay is considered a significant impact to a Caltrans facility, impacts would be significant. The required improvements to this Caltrans intersection in Mitigation Measure MM - CUM -CIRC -1 would improve the LOS at this intersection to LOS "C" during both AM and PM peak hour, which is acceptable under the Caltrans standard. As such, if these improvements are constructed, impacts to the 1-15 SB Ramps/Temecula Parkway intersection would be less than significant. However, neither the applicant nor the City can guarantee that the improvements because they would require the acquisition of right-of-way to accommodate the additional lanes and the intersection falls under the jurisdiction of Caltrans. Therefore, the impact is considered significant and unavoidable. No additional feasible mitigation is available because improvements that necessitate an expanded right-of-way are needed to improve this intersection's operations to Caltrans standards. VIII. Project Alternatives. The EIR considered and analyzed three alternatives to the Proposed Project: Alternative 1—No Project Alternative (No Development); Alternative 2—General Plan Alternative; and Alternative 3—Reduced Development Alternative. The three alternatives that were analyzed in the EIR are discussed below, including the basis for rejecting each alternative. In addition, comparison of the alternatives is available in Table 5-2 of the EIR. Each alternative's environmental impacts are considered and analyzed, along with an analysis of whether it achieves any of the Project Objectives as shown below. • Develop a high-quality residential community on the project site that focuses on providing a variety of medium -density housing types that would serve various age groups and household sizes. • Provide a housing product that is desirable in light of the competitive market and the increased availability of attached and detached single- family homes for purchase. A-51 11086-0191 \2074636v2.doc • Provide a project that is compatible in density and character to the surrounding residential communities. A. ALTERNATIVE 1—NO PROJECT ALTERNATIVE (NO DEVELOPMENT) 1. Summary of Alternative Alternative 1 evaluates the environmental impacts if the Project Site were to remain in its current state as vacant land for the foreseeable future. The Project Site in its entirety is approximately 23 acres of previously disturbed, undeveloped land. Vegetation at the site consists of previously disturbed areas containing non-native grasses, ruderal herbs and forbs, remnants of native scrub, and a number of isolated mature trees. Disking for fuel modification is evident at the site. The topography on the site ranges from a high elevation of 1,031 feet above mean sea level (amsl) at the eastern portion of the site, to a low elevation of 1,015 feet amsl near the northern portion of the site. An existing watercourse traverses the property, flowing from east to west into an existing drainage channel. Under this Alternative 1, the Project Site would be left undeveloped and the proposed residential Project would not be built. The site would continue to contain the remnants of a previous structure and several trees as well as ruderal vegetation. In addition, the concrete culvert along the western edge of the Project Site would remain as is and would not be converted into a bioswale. Unimproved areas along Pechanga Parkway would not be landscaped or improved in any other way. 1. Reason for Rejecting Alternative Alternative 1 is the "No Build" alternative in which no development would occur on the Project Site. The Site would remain vacant, undeveloped land. Because no development or change would occur on the Project Site, no impacts would occur. As such, the proposed Project's impacts would be reduced under this Alternative. For aesthetic impacts, Alternative 1 would not impact views, scenic resources, or the visual character and quality of the Project Site because no development would occur and the Site would remain in its current condition. The Project's aesthetics impacts are all less than significant without mitigation, except that mitigation is required for light and glare. Alternative 1 would not introduce new sources of light and glare. This Alternative would have no impacts to aesthetics and would therefore reduce impacts compared to the proposed Project. Air quality impacts would be reduced compared to the proposed Project because Alternative 1 would result in no construction -related emissions (from construction activities, vehicles, and equipment), and no operational emissions (associated with increased traffic). With no construction and no additional traffic volumes or operational emissions, air emissions in the vicinity would remain unchanged. No impact to air quality would occur as a result of this alternative, so impacts would be reduced as compared to the proposed Project. A-52 11086-0191 \2074636v2.doc No impacts to biological resources would occur under Alternative 1 because no residential units would be constructed and all impacts related to biological resources would be avoided. The proposed Project could result in a loss of foraging and nesting habitat for raptors and other migratory birds, and a loss of habitat for the burrowing owl and, but mitigation reduces these impacts to less than significant. Because no impacts to biological resources would occur under Alternative 1, impacts would be reduced. No potential impacts to cultural resources would occur under Alternative 1 because no grading activities would occur that could unearth cultural resources or disturb paleontological resources. Under this alternative, there would be no changes to the site and thus no impact to cultural resources would occur, eliminating any potential project impacts. Potential impacts to geology and soils, such soil erosion during construction, would not occur under Alternative 1. The Project Site would not be developed. However, geology and soils effects under the proposed Project are not anticipated to be significant, so these differences would be negligible. Greenhouse gas emissions would similarly be reduced under Alternative 1. Under Alternative 1, the Project Site would not be developed and increased GHG emissions would not occur. Therefore, this alternative would result in fewer effects related to global warming and climate change than the proposed Project. However, the proposed Project would not result in significant climate change effects, so the differences would be negligible. Construction -related hazardous materials would not be brought to the site under Alternative 1, nor would hazardous materials be used. Therefore, this alternative would result in fewer impacts related to Hazards and Hazardous Materials compared to the proposed Project. No increase of impervious surfaces and no change to the natural drainage patterns of the Project Site would occur under Alternative 1. No improvements would be required for water quality treatment. Overall, this alternative would result in fewer effects related to hydrology and water quality than the proposed Project. The proposed Project would result in a land use change, whereas Alternative 1 would result in no change to the existing conditions at the Project Site. Because no change to the existing land use or land use plans and policies related to the Project Site would occur, this alternative would have no direct impact on land use at the site or in the vicinity. However, no significant land use compatibility or detrimental environmental effects are associated with the land use change under the proposed Project. Noise would be unaffected under Alternative 1. It would result in no change to existing ambient noise levels and would not introduce no new source of noise. Because the site would remain undeveloped under this alternative, traffic -related noise would not increase. This alternative would result in no impact related to noise at or in the vicinity of A-53 11086-0191 \2074636v2.doc the Project Site. The significant and unavoidable temporary construction noise impact would be completely avoided. Impacts would be reduced and the proposed Project construction -phase significant impacts would not occur. Alternative 1 would not include new housing and no increase in population would occur. The proposed Project would not induce greater population growth than what is already forecasted for the City of Temecula and impacts would be less than significant. Thus, Alternative 1 would result in fewer effects related to population and housing, but these differences are not significant from an environmental perspective. No impacts to public services would occur under Alternative 1 because it would not result in any additional population at the Project Site, and, therefore, would not result in an increased demand on existing fire protection, police protection, public schools, libraries, or hospitals. Although impacts would be reduced under Alternative 1, the proposed Project's impacts to public services are all less than significant. Under Alternative 1, the Project Site would not be developed and no increase demand for water, wastewater, or solid waste services would occur. Thus, under Alternative 1, impacts to utilities and service systems would not occur. However, the proposed Project would not result in significant utilities impacts. Therefore, the difference in impacts to utilities between the proposed Project and Alternative 1 are negligible. Overall, Alternative 1 would therefore reduce environmental impacts compared to the proposed Project. However, Alternative 1 does not satisfy any of the three Project Objectives. Because Alternative 1 would result in no development of the Project Site, it would not provide high-quality residential uses compatible in density and character with the surrounding uses. Whereas the proposed Project satisfies each Project Object, Alternative 1 fulfills none of the Objectives. Thus, the City Council finds that Alternative 1 would not meet any of the Project Objectives. The City Council hereby finds that each of the reasons set forth above would be an independent ground for rejecting Alternative 1, and by itself, independent of any other reason, would justify rejection of Alternative 1. B. ALTERNATIVE 2—GENERAL PLAN ALTERNATIVE 1. Summary of Alternative Under this alternative, the Project Site would be developed according to the current General Plan land use designation for the Project Site, which is Professional Office (PO). Development under the PO designation is intended to include low-rise offices situated in a landscaped garden arrangement and may include mid -rise structures at appropriate locations. Typical professional uses include legal, design, engineering, or medical offices, corporate and governmental offices, and community facilities and may include supporting convenience retail and personal service commercial uses to serve the needs of the on-site employees. The General Plan establishes an intensity range of 0.30 to 1.0 A-54 11086-0191 \2074636v2.doc for the floor to area ratio (FAR) for the PO designation, with a target net FAR of 0.35. Under the target net FAR of 0.35, this alternative would develop approximately 307,600 square feet of office space on the Project Site. This alternative would also include landscaping and the required parking spaces per the City's Municipal Code. The site would also be served by bus and shuttle services. 2. Reason for Rejecting Alternative Environmental impacts in the Biological Resources, Cultural Resources, Geology and Soils, and Hydrology and Water Resources correlate primarily with the footprint of site development because they relate to the location of a project and the development of vacant land. A similar area would be disturbed under either Alternative 2 and the proposed Project. Therefore, Alternative 2 would have the same impact in these areas when compared to the proposed Project. Under Alternative 2, a similar amount of construction -related emissions (from construction activities, vehicles and equipment) would occur as compared to the proposed Project. However, operational emissions (associated with increased traffic) would increase under Alternative 2 because office uses would generate more traffic than residential uses. Under Alternative 2, operation of the office buildings would generate approximately 3,393 daily trips, which results in 1,677 more daily trips than the proposed Project. Thus, Alternative 2 would result in greater air quality impacts than the proposed Project due to the increase traffic volumes during operation. Alternative 2 would result in a similar amount of emissions from construction -related activities. However, operation of Alternative 2 would generate almost double the amount of daily trips as the proposed Project, which would result in greater effects related to global warming and climate change than the proposed Project. Because the Alternative 2 would generate more traffic, it would have a greater impact than the proposed Project. Hazardous materials used in construction and operation of the Project Site would be similar under Alternative 2. Therefore, Alternative 2 would have similar impacts related to hazards and hazardous materials as the proposed Project. Under this alternative, the Project Site would be developed with office uses, which is currently allowed under the existing General Plan designation and zoning. The proposed Project would require a General Plan Amendment and zoning change, but would otherwise be consistent with planning documents and policies. This alternative would also be consistent, and thus, land use effects would be similar. Like the proposed Project, Alternative 2 would increase ambient noise levels and would introduce a new source of noise at the Project Site. Alternative 2 would also have a significant and unavoidable temporary construction -noise impact. Both this alternative and the proposed Project would result in increased traffic -related noise. However, traffic would increase by about twice as much under Alternative 2 than it would under the proposed Project. Therefore, noise impacts would be greater for Alternative 2 than the proposed Project. A-55 11086-0191 \2074636v2.doc Effects associated with population growth would be less under Alternative 2 than under the proposed Project. Alternative 2 would not result in an increase in residential population as it would develop an office use building. Although the proposed Project would not induce greater population growth than what is already forecasted for the City, Alternative 2's effects would be reduced. Because Alternative 2 would not generate population growth, Alternative 2 would not result in student generation and would result in fewer effects related to schools. In addition, because the site would include office space, it would not generate population growth in the city and, as such, would not increase demand for police, fire, and medical emergency services. Therefore, Alternative 2 would result in fewer effects related to public services. The proposed Project would result in 3,393 daily trips and Alternative 2 would increase the number of vehicles using the surrounding circulation system and result in more congestion. Thus, Alternative 2 results in greater impacts related to traffic and circulation and would also require the implementation of several limited intersection improvements. Because there would be no permanent residents under Alternative 2, there would be less water consumed and less wastewater generated than the proposed Project. Thus, under Alternative 2, effects related to utilities and service systems would be less than the proposed Project. Overall, Alternative 2 would result in increased impacts in areas such as air quality, GHG emissions, noise, and traffic and circulation as compared to the proposed Project. It would somewhat reduce impacts related to population and housing and public services. Thus, Alternative 2 would overall result in greater environment impacts, particularly in areas that require mitigation and in areas where impacts are unavoidable. In addition, Alternative 2 fails to satisfy the Project Objectives. It would not develop a high-quality residential community with a variety of medium -density housing types to serve various age groups and household types and it would not provide a competitive housing product. Moreover, it would be less compatible in density and character to the surrounding residential communities. Thus, the City Council finds that Alternative 2 would not fully meet the Project Objectives; it is not the environmentally superior alternative; and does not avoid significant environmental impacts. The City Council hereby finds that each of the reasons set forth above would be an independent ground for rejecting Alternative 2, and by itself, independent of any other reason, would justify rejection of Alternative 2. A-56 11086-0191 \2074636v2.doc C. ALTERNATIVE 3—REDUCED DEVELOPMENT ALTERNATIVE 1. Summary of Alternative Under Alternative 3, a residential project would be developed that would include similar components as the proposed Project, but would involve a smaller version. Specifically, this Alternative 3 would include development of approximately 59 single family homes and 125 townhouses, which represents an approximate 25 percent reduction from the proposed Project. While this alternative would reduce the number of dwelling units developed, site amenities, such as a clubhouse with a swimming pool, would still be provided. 2. Reason for Rejecting Alternative Environmental impacts in the Biological Resources, Cultural Resources, Geology and Soils, and Hydrology and Water Resources correlate primarily with the footprint of site development because they relate to the location of a project and the development of vacant land. Although Alternative 3 reduces the number of residential units, a similar overall area would be disturbed under either Alternative 3 and the proposed Project. Therefore, Alternative 3 would have similar impacts in these areas when compared to the proposed Project. For air quality, Alternative 3 would result in a similar amount of construction -related emissions (from construction activities, vehicles and equipment) as with the proposed Project, but operational emissions (associated with increased traffic) would be reduced. Under Alternative 3, traffic volumes would increase by a smaller amount than they would under the proposed Project and, thus, air emissions would decrease under this alternative. Overall, Alternative 3 would have fewer air quality impacts as compared to the proposed Project. Similarly, greenhouse gas emissions under the development in Alternative 3 would be reduced, as would emissions from traffic, as compared to the proposed Project. Effects related to global warming and climate change from Alternative 3 would be reduced compared to the proposed Project. Similar types and amounts of hazardous materials would be used in the construction and operation of the proposed Project and Alternative 3. Although Alternative 3 would reduce the number residential units, this reduction would not reduce is a substantial reduction in hazardous materials, and thus, impacts would be similar. Land use impacts under Alternative 3 would be similar because it would require the same General Plan Amendment and Zone Change. After the implementation of the General Plan Amendment and Zone Change, the proposed Project would be consistent with planning documents and policies. This alternative would also be consistent with these policies and, thus, effects related to land use would be similar. Like the proposed Project, Alternative 3 would increase ambient noise levels and would introduce a new source of noise at the Project Site. Construction -related noise would A-57 11086-0191 \2074636v2.doc increase in the Project area under both the proposed Project and Alternative 3, but the amount of construction would be reduced. Nonetheless, similar to the proposed Project, Alternative 3 would also have a significant and unavoidable temporary construction noise impacts. Traffic -related noise would also increase as a result of both this alternative and the proposed Project. However, traffic would increase more under the proposed Project than under Alternative 3. Overall, noise impacts would be reduced under Alternative 3 construction noise would remain significant and unavoidable. Because Alternative 3 would involve fewer residential units than the proposed Project, this alternative would generate a smaller population increase within the City. Effects related to population growth would be reduced under this alternative as compared to the proposed Project. Similarly, the increased demand on public services would be reduced due to the reduced number of residential units under Alternative 3. The proposed Project would result in additional population at the Project Site, and therefore, would result in an increased demand on existing fire protection, police protection, public schools, libraries, or hospitals. Under Alternative 3, demand for public services would not increase by as much as compared to the proposed Project. Therefore, effects related to public services would be reduced under Alternative 3. As compared to the proposed Project, Alternative 3 would reduce the number of trips generated by the Project Site from 1,716 to 1,287 daily trips (25 percent reduction from the proposed Project trips). The proposed Project would result in an increase in traffic congestion at nearby intersections and, under Alternative 3, traffic and circulation impacts would be reduced to less than significant. However, cumulative impacts associated with Future Buildout (2035) Plus Project Conditions at the 1-15 SB Ramps/Temecula Parkway intersection would remain significant and unavoidable, operating at unacceptable LOS. Overall, Traffic and Circulation impacts would be reduced under Alternative 3. Overall, Alternative 3 would result not increase any impacts and would reduce impacts related to air quality, GHG emissions, noise, population and housing, public services, and utilities. The reduced number of residential uses results in reduced impacts associated with the number of residents in the vicinity. All other impacts would be sim ilar. Thus, Alternative 3 would result in reduced environment impacts and it is the environmentally superior alternative. As such, the EIR identified Alternative 3 as the environmental superior alternative after it determined that the Alternative 1 (No Project) satisfied none of the Project Objectives. However, the reduced number of residential units will not allow Alternative 3 to achieve the benefits of the Project Objectives. Although residential units would be developed, Alternative 3 would not similarly provide the variety of medium -density housing types to serve various age groups and household types. It also would not similarly increase the availability of attached and detached single-family homes for purchase. A-58 11086-0191 \2074636v2.doc Thus, the City Council finds that Alternative 3 is the environmentally superior alternative but would not fully achieve the benefits of the Project Objectives and does not avoid the Project's significant environmental impacts. Further, as noted above, the reduced impacts under Alternative 3 correlate with the reduced number of new residents to the Project Site. Because the number of residential units proposed by the Project is within the City's and the region's growth projections, it is likely that the reduced number of residential uses would be developed elsewhere in the City to meet growth projections. However, Alternative 3 does not reduce the environmental impacts associated with the development of vacant land. The City Council hereby finds that each of the reasons set forth above would be an independent ground for rejecting Alternative 3, and by itself, independent of any other reason, would justify rejection of Alternative 3. A-59 11086-0191 \2074636v2.doc Exhibit B Mitigation Monitoring and Reporting Program 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 development within the project area: • Temporary nighttime construction lighting shall be shielded and directed downward such that no light spillage will occur on adjacent properties. • The applicant shall ensure that all outdoor lighting fixtures in public areas contain "sharp cut-off' fixtures, and shall be fitted with flat glass and internal and external shielding. 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 of Temecula • 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 development shall take advantage of landscaping, on-site architectural massing, and off—site architectural massing to block light sources and reflection from cars. • The use of highly reflective construction materials on exterior wall surfaces shall be prohibited. • Prior to the issuance of construction permits for any phase of the project 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 plan passing through the lowest point of the shield; o A map showing all lamp locations, orientations, and intensities, including security, roadway, and Cypress Ridge Project MMRP 1 ESA / 150642 May 2017 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED) Mitigation Measures Responsible Action Monitoring Enforcement Monitoring Indicating Phase Agency Agency Compliance Initials Verification of Compliance Date Remarks Air Quality Mitigation Measure MM -AIR -1: All off-road construction equipment with a horsepower (HP) greater than 50 shall be required to have USEPA certified Tier 4 interim engines or engines that are certified to meet or exceed the emission ratings for USEPA Tier 4 engines. 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. City of Temecula City of Temecula Building Official or other Designee Issuance of grading permit and sign -off by City of Temecula Mitigation Measure MM -AIR -2: The site shall be watered four • The City shall conduct a post -installation inspection to ensure that the development is in compliance with the design standards in Mitigation Measure MM -AES -1 and City of Issuance of times per day during ground disturbance (grading) activities for all Temecula Riverside County Ordinance No. 655. Grading Permit project development phases. During drought conditions, defined as Air Quality Mitigation Measure MM -AIR -1: All off-road construction equipment with a horsepower (HP) greater than 50 shall be required to have USEPA certified Tier 4 interim engines or engines that are certified to meet or exceed the emission ratings for USEPA Tier 4 engines. Pre -Construction / Construction City of Temecula City of Temecula Building Official or other Designee Issuance of grading permit and sign -off by City of Temecula Mitigation Measure MM -AIR -2: The site shall be watered four Construction City of City of Issuance of times per day during ground disturbance (grading) activities for all Temecula Temecula Grading Permit project development phases. During drought conditions, defined as Building Official and field Water Shortage Stages 4 or 5 as determined by the Rancho or other verification and California Water District, use of reclaimed water or non -water chemical stabilizers shall be implemented such that fugitive emissions reductions are comparable. Permission to use potable water for dust control activities during drought conditions shall be granted by the City of Temecula Building Official if the General Designee sign -off by City of Temecula Contractor shows in writing that (1) Reclaimed water is not available in sufficient quality and quantity from recycled wastewater treatment facilities located within 10 miles of the construction site; and (2) Well water or groundwater is not available in sufficient quality and quantity from wells and groundwater sources located within 10 miles of the construction site. Biological Resources Mitigation Measure MM -BIO -1: To the extent feasible, clearing and Pre -Construction / City of City of Issuance of grubbing activities shall take place outside of the avian breeding Construction Temecula Temecula grading permit season, which occurs from February 1 to September 15. If clearing Qualified and sign -off by and grubbing activities are necessary during the breeding season, a Biologist City of Cypress Ridge Project MMRP 2 ESA / 150642 May 2017 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED) Mitigation Measures Responsible Action Monitoring Enforcement Monitoring Indicating Phase Agency Agency Compliance Initials Verification of Compliance Date Remarks focused survey for active nests of raptors and migratory birds shall be conducted by a qualified biologist having demonstrated experience conducting breeding bird and nest surveys. The survey shall occur no more than 7 days prior to any clearing, grubbing, construction or ground -disturbing activities. If active nest(s) (with eggs or fledglings) are identified within the project area, the nest shall not be disturbed until the young have hatched and fledged (matured to a state that they can leave the nest on their own and are no longer relying on the nest for survival). A 500 -foot construction setback from any active raptor nesting location (or a distance to be determined by the qualified biologist, based on species, construction activity, the birds' response/habituation to human presence, and/or topographic features that could limit construction activity disturbance to the nest) 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. A 300 - foot construction setback (or a distance to be determined by the qualified biologist, based on species, construction activity, and the birds' response/habituation to human presence, and/or topographic features that could limit construction activity disturbance to the nest) shall be established for all other migratory birds. If no active nests are identified, construction may commence. All construction setbacks shall be clearly demarcated in the field with appropriate material (flagging, staking, construction fencing, etc.) and verified by a qualified biologist. Such fencing shall be maintained and monitored until the nest is confirmed to be inactive. Temecula If an avoidance buffer is not feasible, as determined by a qualified biologist in consultation with the City, noise walls or other noise attenuation devices may be installed as needed to prevent disturbance to the nest. Mitigation Measure MM -BIO -2: A pre -construction survey for Pre -Construction City of City of Issuance of burrowing owl shall be conducted within 30 days of ground Temecula Temecula grading permit disturbing activities in accordance with the Western Riverside Qualified and sign -off by County Multiple Species Habitat Conservation Plan (WRC MSHCP). Biologist City of The one -day survey shall be conducted by a qualified biologist within all suitable habitat areas on the project site, and will focus on areas previously identified as containing suitable habitat and potentially suitable burrows. A qualified biologist is one who has the appropriate education and experience to accomplish pre - construction burrowing owl surveys. If no burrowing owls are observed construction may commence. If burrowing owls are observed, the Regional Conservation Authority and the City will be notified and additional measures, such as avoidance or installation Temecula Cypress Ridge Project MMRP 3 ESA / 150642 n May 2017 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED) Mitigation Measures Responsible Action Monitoring Enforcement Monitoring Indicating Phase Agency Agency Compliance Initials Verification of Compliance Date Remarks of exclusion devices to evict the owls, will be required to demonstrate compliance with the WRC MSHCP. Pre -Construction City of Temecula City of Temecula qualified Archaeologist City of Temecula Project Approval Mitigation Measure MM -BIO -3: The applicant shall pay applicable Local Development Mitigation fees, as established and required by the Regional Conservation Authority and City of Temecula, for continued implementation of the Western Riverside County MSHCP. Pre -Construction City of Temecula City of Temecula Qualified Biologist Issuance of grading permit and sign -off by City of Temecula Cultural Resources Mitigation Measure MM -CUL -1: Prior to the issuance of a grading permit and prior to the start of any ground -disturbing activity, the applicant shall retain a qualified archaeologist, defined as an archaeologist meeting the Secretary of the Interior's Professional Qualification Standards for archaeology (U.S. Department of the Interior 2012) and as approved by the City of Temecula to provide archaeological expertise in carrying out all mitigation measures related to archaeological resources (Mitigation Measures CUL -2, -3 and -5). Pre -Construction City of Temecula City of Temecula qualified Archaeologist City of Temecula Project Approval Mitigation Measure MM -CUL -2: The qualified archeologist, or an Pre -Construction City of City of City of archaeologist working under the direction of the qualified Temecula Temecula Temecula archaeologist, along with a representative designated by the qualified Project Pechanga Tribe, shall conduct pre -construction cultural resources Archaeologist Approval; worker sensitivity training to inform construction personnel of the and Pechanga verification by types of cultural resources that may be encountered, and to bring tribal City of awareness to personnel of actions to be taken in the event of a cultural resources discovery. The applicant shall ensure that construction personnel are made available for and attend the training and shall retain documentation demonstrating attendance. representatives Temecula in consultation with Pechanga Tribe Mitigation Measure MM -CUL -3: Prior to the start of ground- Pre -Construction City of City of City of disturbing activities, the qualified archaeologist shall designate an Temecula Temecula Temecula archaeological monitor to observe ground -disturbing activities, including but not limited to, brush clearance and grubbing, grading, trenching, excavation, and the construction of fencing and access qualified Archaeologist and Pechanga Project Approval; verification by roads, in consultation with the Pechanga monitor. If ground- tribal City of disturbing activities occur simultaneously in two or more areas located more than 500 feet apart, additional archaeological monitors may be required. The archaeological monitor shall keep daily logs. representatives Temecula in consultation with Pechanga After monitoring has been completed, the qualified archaeologist shall prepare a monitoring report that details the results of monitoring activities, which shall be submitted to the City, Pechanga Tribe Tribe, and to the EIC at the University of California, Riverside. Cypress Ridge Project MMRP 4 ESA / 150642 May 2017 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED) Mitigation Measures Responsible Action Monitoring Enforcement Monitoring Indicating Phase Agency Agency Compliance Initials Verification of Compliance Date Remarks Mitigation Measure MM -CUL -4: At least 30 days prior to issuance Pre -Construction/ City of City of City of of a grading permit and prior to the start of any ground -disturbing Construction Temecula Temecula Temecula activity, the applicant shall contact the Pechanga Tribe to notify the qualified Project Pechanga Tribe of grading, excavation and the monitoring program, and to coordinate with the Pechanga Tribe to develop a Cultural Archaeologist and Pechanga Approval; verification by Resources Treatment and Monitoring Agreement (Agreement). The tribal City of Agreement shall address the treatment of known cultural resources; the designation, responsibilities, and participation of Native American Tribal monitors during grading, excavation and all ground disturbing activities; project grading and development scheduling; terms of compensation for the monitors; and treatment and final disposition of any cultural resources, sacred sites, and human remains discovered on the site. representatives Temecula in consultation with Pechanga Tribe The Pechanga Tribal monitor shall monitor all ground -disturbing activities including, but not limited to, brush clearance and grubbing, grading, trenching, excavation, and the construction of fencing and access roads, as specified in the Agreement, in consultation with the project archaeologist. If ground -disturbing activities occur simultaneously in two or more locations, additional Native American monitors may be required. Mitigation Measure MM -CUL -5: If inadvertent discoveries of Construction City of City of Verification by subsurface archaeological/cultural resources are made during Temecula Temecula City of ground -disturbing activities, the applicant, the qualified qualified Temecula in archaeologist, and the Pechanga Tribe shall assess the significance Archaeologist consultation of such resources and shall meet and confer regarding the and Pechanga with Pechanga mitigation for such resources. Pursuant to PRC Section 21083.2(b) avoidance is the preferred method of preservation for archaeological resources. If the applicant, the qualified archaeologist, and the Pechanga Tribe cannot agree on the significance or the mitigation for such resources, these issues will be presented to the City Planning Director for decision. The City tribal representatives Tribe Planning Director shall make the determination based on the provisions of the CEQA with respect to archaeological resources and shall take into account the religious beliefs, customs, and practices of the Pechanga Tribe. Notwithstanding any other rights available under the law, the decision of the City Planning Director shall be appealable to the City Planning Commission and/or City Council. Mitigation Measure MM -CUL -6: The landowner shall relinquish Pre -Construction/ City of City of Verification by ownership of all cultural resources, including sacred items, burial Construction Temecula Temecula City of goods and all archaeological artifacts that are recovered as a result of project implementation to the Pechanga Tribe for proper qualified Temecula in consultation Cypress Ridge Project MMRP 5 ESA / 150642 n May 2017 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED) Mitigation Measures Responsible Action Monitoring Enforcement Monitoring Indicating Phase Agency Agency Compliance Initials Verification of Compliance Date Remarks treatment and disposition as outlined in the Agreement (Mitigation Measure CUL -4). Archaeologist with Pechanga Tribe Mitigation Measure MM -CUL -7: All sacred sites, should they be encountered within the project area, shall be avoided and preserved as the preferred mitigation, if feasible. Pre -Construction/ Construction City of Temecula City of Temecula qualified Archaeologist City of Temecula Project Approval Mitigation Measure MM -CUL -8: Prior to construction, a training session on the recognition of the types of paleontological resources that could be encountered within the project area and the procedures to be followed if they are found shall be presented to project construction personnel by a qualified cultural resources professional. This training may be conducted concurrently with the cultural resources training required in Mitigation Measure MM -CUL - 2. Pre -Construction City of Temecula City of Temecula qualified Paleontologist City of Temecula Project Approval Mitigation Measure MM -CUL -9: During construction, should excavations be greater than 10 feet in depth, a qualified paleontologist shall be retained and shall designate a paleontological monitor to observe the sediments. Should these sediments appear to have a greater potential for fossils, paleontological monitoring of ground disturbing activities below 10 feet shall commence until such a time as the excavation of these sediments has ceased, or upon determination by the qualified paleontologist that the likelihood of encountering paleontological resources is unlikely. Construction City of Temecula City of Temecula qualified Paleontologist Verification by City of Temecula Mitigation Measure MM -CUL -10: If construction or other project personnel discover any potential fossils during construction, or project operations and maintenance, regardless of the depth of work, work within 100 feet of the discovery location should cease and a qualified paleontologist should be called to further assess the discovery and make further recommendations as necessary. Construction City of Temecula City of Temecula qualified Paleontologist Verification by City of Temecula Mitigation Measure MM -CUL -11: If human remains are encountered, California Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to PRC Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the NAHC must be contacted within 24 hours. The NAHC must then immediately identify the MLD upon receiving notification of the discovery. The MLD shall then make recommendations within 48 Pre -Construction/ Construction City of Temecula City of Temecula qualified Paleontologist Verification by City of Temecula Cypress Ridge Project MMRP 6 ESA / 150642 May 2017 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED) Mitigation Measures Responsible Action Monitoring Enforcement Monitoring Indicating Phase Agency Agency Compliance Initials Verification of Compliance Date Remarks hours, and engage in consultations concerning the treatment of the remains as provided in PRC Section 5097.98 and the Agreement described in Mitigation Measure MM -CUL -4. Mitigation Measure MM -CUL -12: The applicant shall provide open Construction City of City of Verification by space area(s) for the congregation of participants during the Temecula Temecula City of Pechanga Tribe's "Trail of Tears" commemorative eviction walk, which shall consist of the area near the corner of Pechanga qualified Archaeologist Temecula in consultation Parkway and Loma Linda Road and the sidewalk along Loma Linda and Pechanga with Pechanga Road, near the intersection with Temecula Lane; both areas shall be outside the walls of the community, and be designated by an exhibit as part of the construction plans, on the dates described in the access agreement. The applicant and the Pechanga Tribe shall develop and enter into an access agreement formalizing the tribal representatives Tribe Pechanga Tribe's right to access the open space area and upon which days and times, permitted and unpermitted activities within the open space area, donation by applicant of a temporary shade structure for use by the Pechanga Tribe, as necessary, provisions for the transfer of rights and obligations under the access agreement to future owners, including any Home Owner's Association or similar entity, and any other provisions deemed necessary to carry out the purpose of accessing the open space. The applicant shall insert language into the Covenants, Conditions, and Restrictions (CC&Rs) allowing the Tribe access to the designated space(s) during this annual two-day event and incorporating into its terms the access agreement. Both the access agreement and CC&Rs shall include an exhibit designating the open space(s) area for use by the Pechanga Tribe during the commemorative eviction walk. Mitigation Measure MM -CUL -13: The applicant shall consult with Construction City of City of Verification by the Pechanga Tribe on the creation and installation of Temecula Temecula City of commemorative public art (e.g., plaques, signage, patterned pavers, etc.) related to the eviction of the Temeku peoples. The public art qualified Archaeologist Temecula in consultation shall commemorate the eviction and "Trail of Tears," and shall be and Pechanga with Pechanga designed in collaboration with the Pechanga Tribe. The applicant shall be responsible for the costs associated with providing and installing the commemorative public art. The dedication and the cost of the public art shall be in conformance with the City of Temecula's public art dedication process and cost estimating per Municipal tribal representatives Tribe Code, Title 5 Business Licenses and Regulations, Section 5.08.070, Procedure for donation or installation of public artwork. Hazards and Hazardous Materials Cypress Ridge Project MMRP 7 ESA / 150642 n May 2017 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED) Mitigation Measures Responsible Action Monitoring Enforcement Monitoring Indicating Phase Agency Agency Compliance Initials Verification of Compliance Date Remarks Mitigation Measure MM-HAZ-1: As a condition of approval for a grading permit, the use of construction best management practices (BMPs) shall be implemented as part of construction to minimize the potential negative effects of accidental release of hazardous materials to groundwater and soils. These shall include the following: • Follow manufacturer's recommendations on use, storage and disposal of chemical products used in construction; 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 • Avoid overtopping construction equipment fuel gas tanks; Construction Temecula Temecula Building Official or other Building Permit, review of plans, field verification • During routine maintenance of construction equipment, properly contain and remove grease and oils; and Designee and sign -off by • Properly dispose of discarded containers of fuels and other chemicals in accordance with manufacturer's specifications and local and state regulations. City of Temecula All the BMPs shall be in accordance with the most recent version of the California Stormwater Quality Association (CASQA) BMP Handbook for construction and included in contract specifications. Hydrology and Water Quality Mitigation Measure MM -HYDRO -1: The applicant shall retain a Pre -Construction/ City of City of Issuance of Qualified Storm Water Pollution Prevention Plan (SWPPP) Developer to prepare a SWPPP in accordance with Construction General Permit requirements. The SWPPP must be completed prior Construction Temecula Temecula Building Official or other Building Permit, review of plans, field verification to filing a Notice of Intent (NOI) to apply for coverage under the Designee and sign -off by Construction General Permit. The SWPPP shall contain a detailed project description and best management practices (BMPs) to be implemented onsite during and post -construction; BMP categories are expected to include, but are not limited to erosion control, sediment control, waste management and good housekeeping City of Temecula BMPs. Examples of BMPs include: • Revegetation of landscaped areas; • Hydro -seeding, mulching, or other erosion controls for inactive exposed areas; • Sediment controls such as check dams, desilting basins, fiber rolls, and silt fencing; • Catch basin inlet protection; Cypress Ridge Project MMRP 8 ESA / 150642 May 2017 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED) Mitigation Measures Responsible Action Monitoring Enforcement Monitoring Indicating Phase Agency Agency Compliance Initials Verification of Compliance Date Remarks • Construction materials management; and • Cover and containment of construction materials and wastes. Construction City of City of Issuance of The project operator shall also submit an Erosion and Sediment Temecula Temecula Certificate of Control Plan (ESCP) to the City of Temecula Department of Public Building Official Occupancy by Works for approval as part of the project's grading permit application process. The ESCP shall detail planned erosion control measures on the construction site including but not limited to filtration of runoff, erosion controls, sediment controls, site perimeter protection, stabilization of construction access points, and slope protection. The or other City of ESCP shall be approved by the City prior to the start of construction activities. Designee Temecula Mitigation Measure MM -HYDRO -2: The applicant shall implement Pre -Construction / City of City of Issuance of the best management practices (BMPs) contained in the Water Quality Management Plan (WQMP) prepared for the project in March 2016. The project WQMP proposes implementation of Construction/ Post -Construction Temecula Temecula Building Official or other Building Permit, review of plans, field verification various Structural Source Control BMPs (permanent, structural features), Operational Source Control BMPs (implemented by the site's occupant or users), and Low Impact Development (LID) Designee and sign -off by City of Temecula BMPs. Source Control BMPs specified in the WQMP include, but are not limited to, marking all inlets to indicate that they drain to the ocean, designing landscaping to minimize irrigation and runoff, minimizing fertilizer and pesticide use, designating of trash receptacle areas, and avoiding the use of unprotected metals that could leach into runoff. Operational BMPs specified in the WQMP include, but are not limited to, repainting or replacing inlet markings, providing Integrated Pest Management plan information to owners, tenants, and employees, and inspecting and maintaining drains to prevent blockages and overflow. LID BMPs include a large infiltration basin, encouragement of natural infiltration, and conversion of a concrete -lined flood control channel to an infiltration swale. NOISE Mitigation Measure MM -N01-1: Prior to the issuance of a certificate Construction City of City of Issuance of of occupancy, the applicant shall ensure that all new HVAC or Temecula Temecula Certificate of mechanical equipment associated with the proposed project be Building Official Occupancy by designed with adequate shielding (e.g., via rooftop parapet or or other City of enclosure) or noise muffling devices to ensure that noise levels would not exceed the ambient noise level on the premises of other occupied residential properties located offsite by more than 5 dBA Designee Temecula CNEL. Cypress Ridge Project MMRP 9 ESA / 150642 n May 2017 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED) Mitigation Measures Responsible Action Monitoring Enforcement Monitoring Indicating Phase Agency Agency Compliance Initials Verification of Compliance Date Remarks Mitigation Measure MM -N01-2: Prior to the issuance of a certificate of occupancy, the applicant shall ensure that all exterior windows associated with the proposed residential uses at the project site along Pechanga Parkway, west of Loma Linda Road shall be constructed to provide a sufficient amount of sound insulation to ensure that interior noise levels would be below 45 dB Ldn or CNEL in any habitable room. Construction City of Temecula City of Temecula Building Official or other Designee Issuance of Certificate of Occupancy by City of Temecula Mitigation Measure MM -N01-3: The operation of construction equipment that generates high levels of vibration, such as large bulldozers, large excavator, and large grader, shall be prohibited within 45 feet of existing nearby residential structures during construction of the proposed project. Instead, small rubber -tired bulldozers shall be used within this area during grading and excavation operations. The use of small rubber -tired bulldozers would result in vibration levels of 0.002 in/sec PPV and 57 VdB at the residences to the west of the project site, which would not exceed the FTA's vibration criteria for building damage and human annoyance, respectively. 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 -N01-4: Noise -generating equipment operated at the project site shall be equipped with the most effective noise control devices, i.e., mufflers, lagging, and/or motor enclosures. All equipment shall be properly tuned and maintained in accordance with manufacturer's specifications. 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 -N01-5: The construction contractor shall locate portable equipment and store and maintain equipment as far as possible from the off-site residents and other sensitive receptors. 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 -N01-6: Construction activities associated with the proposed project shall, to the extent feasible, be scheduled so as to avoid operating more than 3 pieces of equipment simultaneously, which causes high noise levels. 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 -N01-7: Temporary noise barriers shall be used to block the line -of -site between the construction site and the noise -sensitive receptors during project construction, as follows: a) Provide a temporary noise barrier with the provision of a Construction City of Temecula City of Temecula Building Official or other Issuance of Grading Permit and field verification and Cypress Ridge Project MMRP 10 ESA / 150642 May 2017 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED) Mitigation Measures Responsible Action Monitoring Enforcement Monitoring Indicating Phase Agency Agency Compliance Initials Verification of Compliance Date Remarks minimum of 15 dBA reduction noise between the project construction site and the existing residential uses west of the project site across the concrete -lined flood channel. b) Provide a minimum of 10 dBA reduction noise barrier between the project construction site and the residential uses northeast of the project site across Temecula Lane. c) Provide a minimum of 7 dBA reduction noise barrier between the project construction site and the residential uses southeast of the project site across Temecula Lane. d) Provide a minimum of 3 dBA reduction noise barrier between the project construction site and the community park north of the project site across Temecula Lane. Pre -Construction/ Construction City of Temecula Designee sign -off by City of Temecula Mitigation Measure MM -N01-8: The project proponent/developer Construction City of City of Issuance of shall ensure that signs shall be posted at the construction sites that Temecula Temecula Grading Permit include permitted construction days and hours, and a contact Building Official and field number for the job site. Although the above mitigation measures would reduce the project's construction noise levels to the maximum extent feasible, it is anticipated that the nearest offsite sensitive receptors west of the proposed project site across the concrete -lined flood channel would continue to experience a substantial temporary or periodic increase in ambient noise levels during project construction. Therefore, the project's construction noise would be a temporary significant and unavoidable impact on the nearest offsite sensitive receptors. or other Designee verification and sign -off by City of Temecula Traffic and Circulation Mitigation Measure MM -CIRC -1: To mitigate the project impact, the following improvements are required: • Optimize the AM and PM peak hour traffic signal cycle lengths and splits within the coordinated timing plan for the 1-15 SB Ramps & Temecula Parkway and 1-15 NB Ramps & Temecula Parkway intersections. Optimize the AM and PM peak hour traffic signal cycle lengths and splits within the coordinated timing plan for the Loma Linda Road & Pechanga Parkway intersection. Since Pechanga Parkway operates an Adaptive Traffic Signal System, the entire corridor will need to be optimized. 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 -CIRC -2: To mitigate the project impact, Pre -Construction/ City of City of Issuance of Cypress Ridge Project MMRP 11 ESA / 150642 n May 2017 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED) Mitigation Measures Responsible Action Monitoring Enforcement Monitoring Indicating Phase Agency Agency Compliance Initials Verification of Compliance Date Remarks the project proponent/developer is required to pay a fair -share contribution for the following additional improvements: Modify the southbound approach to add a right -turn overlap phase. Construction Temecula Temecula Engineer or other Designee Grading Permit and Issuance of a Certificate of Occupancy Mitigation Measure MM -CIRC -3: To mitigate the project impact, the project proponent/developer is required to pay a fair -share contribution for the following additional improvements: • Optimize the AM and PM peak hour traffic signal cycle lengths and splits within the coordinated timing plan. Since Temecula Parkway operates an Adaptive Traffic Signal System, the entire corridor will need to be optimized. Modify the westbound approach to provide a right turn lane with 300 feet of storage. 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 CUM -CIRC -1: To mitigate the project impact, the improvements are required: • Modify the northbound approach from one left -turn lane, one through lane, one shared through/right lane and one right -turn lane to one left -turn lane, one through lane and three right - turn lanes with a right -turn overlap phase. • Modify the eastbound approach from one left -turn lane, one through lane and one shared through/right-turn lane to one left -turn lane, two through lanes and two right -turn lanes with a right -turn overlap phase. • Modify the southbound approach from one left -turn lane, one through lane and one shared through/right lane to two left -turn lanes, one through lane and one shared through/right lane. Optimize the AM and PM peak hour traffic signal cycle lengths and splits within the coordinated timing plan. 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 CUM -CIRC -2: To mitigate the project impact, the improvements are required: • Modify the northbound approach to add a second right- turn lane. • Modify the eastbound approach to add a third right -turn lane. • Modify the westbound approach to add a third left -turn Pre -Construction/ Construction City of Temecula City of Temecula Engineer or other Designee Issuance of Grading Permit and Issuance of a Certificate of Occupancy Cypress Ridge Project MMRP 12 ESA / 150642 May 2017 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED) Mitigation Measures Responsible Action Monitoring Enforcement Monitoring Indicating Phase Agency Agency Compliance Initials Verification of Compliance Date Remarks lane. Optimize the AM and PM peak hour traffic signal cycle lengths and splits within the coordinated timing plan. Since the Temecula Parkway and Pechanga Parkway intersection operates Adaptive Traffic Signal Systems, both corridors will require optimization. Cypress Ridge Project MMRP 13 ESA / 150642 n May 2017 Fxhihit C STATEMENT OF OVERRIDING CONSIDERATIONS The following Statement of Overriding Considerations is made in connection with the proposed approval of the Cypress Ridge Residential Development (the "Project"). CEQA requires the decision-making agency to balance the economic, legal, social, technological or other benefits of a project against its unavoidable environmental risks when determining whether to approve a project. If the benefits of the project outweigh the unavoidable adverse effects, those effects may be considered acceptable. CEQA requires the agency to provide written findings supporting the specific reasons for considering a project acceptable when significant impacts are unavoidable. Such reasons must be based on substantial evidence in the EIR or elsewhere in the administrative record. The reasons for proceeding with this Project despite the adverse environmental impacts that may result are provided in this Statement of Overriding Considerations. The City Council finds that the economic, social and other benefits of the Project outweigh the significant and unavoidable impacts to noise generated by temporary construction activities, and the significant and unavoidable traffic impacts to the 1-15 SB Ramps/Temecula Parkway intersection under Future Buildout (2035) Conditions. 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 impacts, or they do not provide the benefits of the Project, or are otherwise socially or economically infeasible as fully described in the Findings and Facts in Support of Findings. B. The Project will provide high quality housing with various options to serve housing needs in the City, including available options that are advantageous to assisting special needs residents with their day-to-day living. C. The Project will include an enhancement to Pala Park, which will include special -needs compatible playground equipment, refurbishing the existing restrooms, and providing the appropriate number of disabled parking spaces and related signage. D. The Project will install off-site landscaping along Pechanga Parkway, north of the project site. This area is located at the beginning of the western most portion of the project site and extends north along Pechanga Parkway for approximately 1,050 feet. The placement of landscaping along this stretch of road will beautify an area that currently contains no landscaping. Additional landscape improvements include replacing the concrete in the existing drainage located north of the project site with landscaping. E. A public trail installed as part of the Project along the northwestern project boundary will provide an access point from Pechanga Parkway to Temecula Lane and Pala Park. This trail will be accessible to both the residents of the Project and surrounding communities. The City Council finds that the foregoing benefits provided through approval of the Project outweigh the identified significant adverse environmental impacts. The City Council further finds that each of the Project benefits discussed above outweighs the unavoidable adverse environmental effects identified in the Final EIR and therefore finds those impacts to be acceptable. The City Council further finds that each of the benefits listed above, standing alone, is sufficient justification for the City Council to override these unavoidable environmental impacts. RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A GENERAL PLAN AMENDMENT APPLICATION TO REVISE THE GENERAL PLAN DESIGNATION OF THREE EXISTING PARCELS FROM PROFESSIONAL OFFICE (PO) TO MEDIUM DENSITY (M) RESIDENTIAL IN CONNECTION WITH THE CYPRESS RIDGE PROJECT (APNS: 961-450-003, 961-450-012, 961-450-013) (PA15-1894) 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. On December 21, 2015, John Fitzpatrick filed Planning Application Nos. PA15-1894, a General Plan Amendment; PA15-1895, a Zone Change/Planned Development Overlay; PA15-1893, a Tentative Tract Map; and PA15-1892 a Development Plan. These applications (collectively "Project") were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. Collectively, the Project consists of a change in the General Plan designation on the site from Professional Office (PO) to Medium Density (M) residential and a rezone of the site from Professional Office (PO) to Cypress Ridge Planned Development Overlay District (to be known as PDO-15). PDO-15 is a series of standards and regulations that will govern all development on the property. These standards and regulations address architectural style, setbacks, and building height. Together, these regulations and standards seek to ensure cohesiveness in the design and aesthetic appearance, and compatibility with the surrounding community. In addition to the proposed PDO-15, the Project also includes a General Plan Amendment, Tentative Tract Map, and a Development Plan for the construction of 245 residential market rate units consisting of detached and attached cluster units and duplex/triplex units, the converstion of 0.67-acres of an off-site existing concrete drainage ditch into a landscaped infiltration basin, improvements to Pala Park and additional off-site landscape improvements north of the Project site along Pechanga Parkway. 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. D. An Environmental Impact Report(EIR), Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations were prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA"). Thereafter, City staff circulated a Notice of Completion indicating the public comment period and intent to adopt the EIR as required by law. The public comment period commenced via the State Clearing House from March 2, 2017 through April 17, 2017. A Notice of Availability was also sent to adjacent property owners indicating a review period of March 2, 2017 through April 17, 2017. Copies of the documents have been available for public review and inspection at the offices of the Community Development Department, located at City Hall, 41000 Main Street, Temecula, California 92590; the Ronald H. Roberts Temecula Public Library located at 30600 Pauba Road; Temecula Grace Mellman Community Library located 41000 County Center Drive; and the City of Temecula website. E. On August 2, 2017, the Planning Commission considered the Final Environmental Impact Report (EIR), Planning Application Nos. PA15-1894, a General Plan Amendment; PA15-1895, a Zone Change/Planned Development Overlay; PA15- 1893, a Tentative Tract Map; and PA15-1892, a Development Plan, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support of or opposition to this matter. F. Following consideration of the entire record of information received at the public hearing, the Planning Commission adopted Resolution No. 17-24, "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL CERTIFY THE ENVIRONMENTAL IMPACT REPORT, ADOPT ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPT A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPT A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE CYPRESS RIDGE PROJECT, CONSISTING OF APPROXIMATELY 22.73 ACRES GENERALLY LOCATED ON THE NORTHEAST CORNER OF PECHANGA PARKWAY AND LOMA LINDA ROAD (APNS: 961-450-003, 961-450-012, 961-450-013)." G. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 17-25, "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL FO THE CITY OF TEMECULA APPROVING A GENERAL PLAN AMENDMENT APPLICATION TO REVISE THE GENERAL PLAN DESIGNATION OF THREE EXISTING PARCELS FROM PROFESSIONAL OFFICE (PO) TO MEDIUM DENSITY (M) RESIDENTIAL IN CONNECTION WITH THE CYPRESS RIDGE PROJECT (APN 961-450-003, 961-450- 012, 961-450-013). H. On August 2, 2017, the City Council of the City of Temecula considered the Project and the EIR, Mitigation Monitoring and Reporting Program, and 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 Council considered all the testimony and any comments received regarding the Project and the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations prior to and at the public hearing. I. Following the public hearing, the Council adopted Resolution No. 17- "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 ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE CYPRESS RIDGE PROJECT, CONSISTING OF APPROXIMATELY 22.73 ACRES, GENERALLY LOCATED ON THE NORTHEAST CORNER OF PECHANGA PARKWAY AND LOMA LINDA ROAD (APNS: 961-450-003, 961-450-012, 961-450-013)." Resolution No. 17- and the findings therein are hereby incorporated by this reference as set forth in full. J. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Provisions for Fiscal Impact Payments The City and owner estimate that the increased costs to the City of providing public safety and other municipal services to the area resulting from the General Plan Amendment and change of zone for the Project will substantially exceed the municipal revenue from the Project ("City Services Deficit"). The City has received a Fiscal Impact Analysis, dated as of July, 2017 ("FIA"), documenting the City Services Deficit. The owners of the property within the Project, and their successors in interest, shall pay the City the sum of four hundred thirty nine dollars ($439) per residential dwelling unit within the Project each year as mitigation for the City Services Deficit. This amount is subject to an annual inflator of 5.6%. Owner and its successors to the property within the Project may fulfill this obligation through a community facilities district established by the City pursuant to the Mello-Roos Community Facilities District Act of 1982, Government Code Section 53311, et seq., or other appropriated financing mechanism approved by the City; provided, however, the obligation of each owner and their successors to pay the City Services Deficit payment under this obligation remains an obligation of the owner and its successors regardless of the financing mechanism used to pay it and regardless of whether there is a financing mechanism to pay it. Section 3. The City Council in approving the General Plan Amendment hereby finds, determines and declares that: General Plan Amendment A. The General Plan Amendment is in the Public Interest; The current General Plan designation for the Project area is Professional Office (PO). The amendment would change this to Medium Density (M) residential. The revised designation will allow the Project area to be consistent with the overall residential character of the Pechanga Parkway corridor. The General Plan Amendment is in the public interest because it provides for additional residential options, enhancements to Pala Park, inclusion of landscaping to a portion of Pechanga Parkway to beautify this area, and connectivity of trails in this portion of the city. B. 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 General Plan Amendment will ensure compliance with all Building, Fire, and Development Codes. These codes set policies and standards that protect the health, safety and welfare of the community. In addition, the General Plan Amendment is tied to a Planned Development Overlay that establishes specific design guidelines and standards that ensure compatibility and interface with the surrounding community. Therefore, the General Plan Amendment is compatible with the health, safety and welfare of the community. C. 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 project area consist primarily of residential, and a public park. The project would provide for additional residential units that are in character with the surrounding built environment. D. 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 amendment will implement the goals and policies of the City's General Plan, provide for residential uses in an area comprised of residential development, and impose appropriate standards and requirements with respect to land development 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 land use pattern that protects and enhances residential neighborhoods" (Goal 5). The Project site is surrounded by existing residential and the current the Land Use designation is Professional Office (PO). A commercial office complex can be constructed on the Project site with the current land use designation. This type of use would be out of context with the residential of the surrounding area. The General Plan Amendment will allow for a market rate residential project to be located on the site by revising the land use designation to Medium Density (M) residential. Allowing residential development to occur in an area comprised of residential development will protect and enhance the existing neighborhoods. 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 identify that the designation of Parcels APNs 961-450-003, 961-450-012 and 961-450-013 is changing from Professional Office (PO) to Medium Density (M) Residential as provided in Exhibit "A," attached hereto incorporated herein by this reference as though set forth in full. Section 5. City Manager Authorization. The City Manager is hereby authorized and directed to take all steps necessary to implement this General Plan Amendment. Section 6. Consistency with General Plan. The Land Use Element of the General Plan, as amended by this Resolution, is 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 this General Plan Amendment, the City Clerk is hereby authorized and directed to make all necessary revisions to effectuate this General Plan Amendment. Section 7. Severability. If any portion, provision, section, paragraph, sentence, or word of this Resolution is rendered or declared to be invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining portions, provisions, sections, paragraphs, sentences, and words of this Resolution shall remain in full force and effect and shall be interpreted by the court so as to give effect to such remaining portions of the Resolution. Section 8. Effective Date. This Resolution shall take effect upon the effective date of Ordinance No. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 17 OF THE TEMECULA ZONING CODE TO ADD A NEW ARTICLE XVI (CYPRESS RIDGE PLANNED DEVELOPMENT OVERLAY DISTRICT 15) TO CHAPTER 17.22 (PLANNED DEVELOPMENT OVERLAY ZONING DISTRICT) ON A 22.73 ACRE SITE GENERALLY LOCATED ON THE NORTHEAST CORNER OF PECHANGA PARKWAY AND LOMA LINDA ROAD (APNS: 961-450-003, 961-450-012, 961-450-013) AND AMENDING THE TEMECULA ZONING MAP (PA15- 1895)." Section 9. Notice of Adoption. The City Clerk shall certify to the adoption of this Resolution and it shall become effective upon its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 5th day of September, 2017. Maryann Edwards, 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. 17- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 59) day of September, 2017, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk Exhibit A 5? -4 0 o r GR�JE •1171 rs tO 11 0 w O; B0c° PI HICKpRy pt. Feet 500 1,000 e? N Proposed General Plan ORDINANCE NO. 17 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 17 OF THE TEMECULA ZONING CODE TO ADD A NEW ARTICLE XVI (CYPRESS RIDGE PLANNED DEVELOPMENT OVERLAY DISTRICT 15) TO CHAPTER 17.22 (PLANNED DEVELOPMENT OVERLAY ZONING DISTRICT) ON A 22.73 ACRE SITE GENERALLY LOCATED ON THE NORTHEAST CORNER OF PECHANGA PARKWAY AND LOMA LINDA ROAD (APNS: 961-450-003, 961-450-012, 961-450-013) AND AMENDING THE TEMECULA ZONING MAP (PA15-1895)" THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. On December 21, 2015, John Fitzpatrick filed Planning Application Nos. PA15-1894, a General Plan Amendment; PA15-1895, a Zone Change/Planned Development Overlay; PA15-1893, a Tentative Tract Map; and PA15-1892 a Development Plan. These applications (collectively "Project") were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. Collectively, the Project consists of a change in the General Plan designation on the site from Professional Office (PO) to Medium Density (M) residential and a rezone of the site from Professional Office (PO) to Cypress Ridge Planned Development Overlay District (to be known as PDO -15). PDO -15 is a series of standards and regulations that will govern all development on the property. These standards and regulations address architectural style, setbacks, and building height. Together, these regulations and standards seek to ensure cohesiveness in the design and aesthetic appearance, and compatibility with the surrounding community. In addition to the proposed PDO -15, the Project also includes a General Plan Amendment, Tentative Tract Map, and a Development Plan for the construction of 245 residential market rate units consisting of detached and attached cluster units and duplex/triplex units, the conversion of 0.67 -acres of an off-site existing concrete drainage ditch into a landscaped infiltration basin, improvements to Pala Park and additional off-site landscape improvements north of the Project site along Pechanga Parkway. 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. D. An Environmental Impact Report (EIR), Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations were prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA"). Thereafter, City staff circulated a Notice of Completion indicating the public comment period and intent to adopt the EIR as required by law. The public comment period commenced via the State Clearing House from March 2, 2017 through April 17, 2017. A Notice of Availability was also sent to adjacent property owners indicating a review period of March 2, 2017 through April 17, 2017. Copies of the documents have been available for public review and inspection at the offices of the Community Development Department, located at City Hall, 41000 Main Street, Temecula, California 92590; the Ronald H. Roberts Temecula Public Library located at 30600 Pauba Road; Temecula Grace Mellman Community Library located 41000 County Center Drive; and the City of Temecula website. E. On August 2, 2017, the Planning Commission considered the Final Environmental Impact Report ("EIR") Planning Application Nos. PA15-1894, a General Plan Amendment; PA15-1895, a Zone Change/Planned Development Overlay; PA15- 1893, a Tentative Tract Map; and PA15-1892, a Development Plan at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support of or opposition to this matter. F. Following consideration of the entire record of information received at the public hearing, the Planning Commission adopted Resolution No. 17-24, "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL CERTIFY THE ENVIRONMENTAL IMPACT REPORT, ADOPT ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPT A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPT A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE CYPRESS RIDGE PROJECT, CONSISTING OF APPROXIMATELY 22.73 ACRES GENERALLY LOCATED ON THE NORTHEAST CORNER OF PECHANGA PARKWAY AND LOMA LINDA ROAD (APNS: 961-450- 003, 961-450-012, 961-450-013)." G. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 17-26, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 17 OF THE TEMECULA ZONING CODE TO ADD A NEW ARTICLE XVI (CYPRESS RIDGE PLANNED DEVELOPMENT OVERLAY DISTRICT 15) TO CHAPTER 17.22 (PLANNED DEVELOPMENT OVERLAY DISTRICT) ON A 22.73 ACRE SITE GENERALLY LOCATED ON THE NORTHEAST CORNER OF PECHANGA PARKWAY AND LOMA LINDA ROAD (APNS: 961-450-003, 961-450-012, 961-450-013) AND AMENDING THE TEMECULA ZONING MAP (PA15-1895)." H. On , the City Council of the City of Temecula considered the Project and the EIR, Mitigation Monitoring and Reporting Program, and 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 Project and the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations prior to and at the public hearing. I. Following the public hearing, the Council adopted Resolution No. 17- "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 ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE Cypress Ridge PROJECT, CONSISTING OF APPROXIMATELY 22.73 ACRES, GENERALLY LOCATED ON THE NORTHEAST CORNER OF PECHANGA PARKWAY AND LOMA LINDA ROAD (APNS: 961-450-003, 961-450-012, 961-450-013)." Resolution No. 17- and the findings therein are hereby incorporated by this reference as set forth in full. J. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Provisions for Fiscal Impact Payments A. The City and owner estimate that the increased costs to the City of providing public safety and other municipal services to the area resulting from the General Plan Amendment and change of zone for the Project will substantially exceed the municipal revenue from the Project ("City Services Deficit"). The City has received a Fiscal Impact Analysis, dated as of July, 2017 ("FIA"), documenting the City Services Deficit. The owners of the property within the Project, and their successors in interest, shall pay the City the sum of four hundred thirty-nine dollars ($439.00) per residential dwelling unit within the Project each year as mitigation for the City Services Deficit. This amount is subject to an annual inflator of 5.6%. Owner and its successors to the property within the Project may fulfill this obligation through a community facilities district established by the City pursuant to the Mello -Roos Community Facilities District Act of 1982, Government Code Section 53311, et seq., or other appropriated financing mechanism approved by the City; provided, however, the obligation of each owner and their successors to pay the City Services Deficit payment under this obligation remains an obligation of the owner and its successors regardless of the financing mechanism used to pay it and regardless of whether there is a financing mechanism to pay it. Section 3. Legislative Findings. The City Council in approving the Planned Development Overlay/Zone Change hereby makes the following findings: A. The proposed Ordinance is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City. The proposed Zone Change/Planned Development Overlay Ordinance conforms to the City of Temecula General Plan Land Use Element. Furthermore, the proposed Zone Change/Planned Development Overlay Ordinance directly responds to Goal 5 Policy 5.1 of the General Plan Land Use Element. The project is consistent with the above General Plan Land Use Element goal and policy in that it provides for a residential project in a predominately residential corridor of the City. Furthermore, the Project has been designed to minimize impacts on surrounding land uses and infrastructure through required design guidelines, building orientation, circulation and access improvements, and other features and requirements of proposed Planned Development Overlay 15. Additionally, mitigation measures are identified in the EIR to further reduce the potential for impacts to surrounding uses and infrastructure. B. The proposed Ordinance is consistent with the Municipal Code and Development Code for the City of Temecula; The proposed Zone Change/Planned Development Overlay Ordinance is consistent with the existing General Plan land use designation for the project site. Planned Development Overlay 15 will establish the design and development framework for the project. As proposed and conditioned, the project design will be consistent with the General Plan and all applicable requirements of State Law and other Ordinances of the City. Section 4. Zoning Code Amendment. The City Council hereby amends Chapter 17.22 (PLANNED DEVELOPMENT OVERLAY ZONING DISTRICT (PDO-) of Title 17 (Zoning) of the Temecula Municipal Code by adding a new Article XVI, entitled "Cypress Ridge Planned Development Overlay District 15" to read as provided in Exhibit A, attached to this Ordinance and incorporated herein as thought set forth in full. Section 5. Zoning Map Amendment. The City Council hereby amends the Official Zoning Map of the City of Temecula to change the zoning classification for the property located on 22.73 acres generally located at the northwest corner of Temecula Parkway and Loma Linda Road (APNs 961-450-003, 961-450-012, 961-450-013) from Professional Office to Planned Development Overlay (Cypress Ridge Planned Development Overlay -15). The amended Zoning Map is attached as Exhibit "B" to this Ordinance and is incorporated herein by this reference as though set forth in full. Section 6. Consistency with General Plan. On September 5, 2017, the City Council adopted Resolution No. 17- , which amended the Land Use Element Map of the Temecula General Plan to change the zoning designation of the Project area from Professional Office (PO) to Medium Density (M) residential. Therefore, the foregoing amendments outlined in this Ordinance are consistent with the goals and policies of the General Plan for the City of Temecula. Section 7. Severability. If any portion, provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining portions, provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect and shall be interpreted by the court so as to give effect to such remaining portions of the Ordinance. Section 8. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption. Section 9. 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 day of , 2017. Maryann Edwards, 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. 17- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 5th day of September, 2017, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 5th day of September 2017, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk EXHIBIT A PLANNED DEVELOPMENT OVERLAY 15 Article XVI. Cypress Ridge Planned Development Overlay District -15 17.22.286 Title. Sections 17.22.286 through 17.22.300 shall be known as "PDO -15" (Cypress Ridge Planned Development Overlay District). (Ord. xxxxxxx) 17.22.288 Purpose. The Cypress Ridge planned development overlay district (PDO -15) is intended to provide regulations for a creative mixture of uses where a specific plan or village center overlay is not appropriate. The planned development overlay is intended to provide a mechanism to allow for flexibility in the development regulations and design standards to allow variations of land uses which are typically outside of conventional zoning standards. Through this flexibility of certain standards many of the objectives of the general plan can best be achieved. It is the intent of the city to create special regulations that will combine clustered detached and attached single-family residential homes with open space to serve as a transitional medium density residential development between existing medium density single-family residential areas to the north and single family residential properties to the west. The current zoning on the site is Professional Office (PO). 17.22.290 Fiscal Impact Analysis (FIA) Any development within Planned Development Overlay 15 will be required to address impacts to the City' s budget as a result of the increased costs to the City of providing public safety and other municipal services to the Project area substantially exceeding the municipal revenue generated from the Project ("City Services Deficit"). The City has received a Fiscal Impact Analysis, dated as of July, 2017 ("FIA"), documenting the City Services Deficit. The owners of the property within the Project, and their successors in interest, shall pay the City the sum of four hundred thirty-nine dollars ($439) per residential dwelling unit within the Project each year as mitigation for the City Services Deficit. Owner and its successors to the property within the Project may fulfill this obligation through a community facilities district established by the City pursuant to the Mello -Roos Community Facilities District Act of 1982, Government Code Section 53311, et seq., or other appropriated financing mechanism approved by the City; provided, however, the obligation of each owner and their successors to pay the City Services Deficit payment under this obligation remains an obligation of the owner and its successors regardless of the financing mechanism used to pay it and regardless of whether there is a financing mechanism to pay it. 17.22.292 Relationship with the development code and citywide design guidelines. A. The permitted uses for the Cypress Ridge planned development overlay are described in Section 17.22.292. B. Medium (M) Density residential uses permitted in Table 17.06.030 of the Development Code will be allowed throughout the Cypress Ridge development. C. Except as modified by the provisions of Section 17.22.294, the following rules and regulations shall apply to all planning applications in the area. 1. The citywide design guidelines that are in effect at the time an application is deemed complete. 2. The approval requirements contained in the development code that are in effect at the time the application is deemed complete. 3. Any other relevant rule, regulation or standard that is in effect at the time an application is deemed complete. 17.22.294 Use regulations. The Cypress Ridge planned development overlay district (PDO -15), located within Pechanga Parkway, Loma Linda Avenue and Temecula Lane, is intended to provide for the development of two hundred forty- five single-family detached and attached homes within fee simple condominium unit boundaries, on 22.7 gross acres / 20.18 net acres, with a proposed average density of 12.14 dwelling units per net acre. The proposed project is comprised entirely of private residential land uses designed to enhance housing opportunities, consider natural features, incorporate private and common open space, private recreation, and develop a common community theme. The project will provide housing opportunities consistent with the city's general plan policies in response to local market demands and will provide for a visually pleasing environment through adaptation of supplemental performance standards that have been provided to ensure transitional compatibility with adjacent neighborhoods. 17.22.296 Development standards. The residential component shall comply with the development standards set forth in Table 17.22.294. The maximum residential density shall be 12.14 units per net acre. Table 17.22.294 Residential Development Standards Cypress Ridge Planned Development Overlay District PDO -15 Residential Development Standards Detached Cluster Attached Cluster Duplex / Triplex Unit Boundary Area Minimum Unit area 1,945 sq. ft. 1,575 sq. ft. 1,370 sq. ft. Maximum number of dwelling units per gross acre 11.4 19.2 16.1 Unit Dimensions Minimum average width 126 ft. 92 ft. 42 ft. Minimum average depth 128 ft. 119 ft. 50 ft. Building Setbacks Minimum front yard 1 5.0 ft. 5.0 ft. 6.0 ft. Minimum corner side yard 5.0 ft. 5.0 ft. 7.5 ft. Minimum interior side yard 5.0 ft. 8.0 ft. 7.5 ft. Minimum rear yard 5.0 ft. 8.0 ft. Alley Minimum building separation 10 ft. 2 16 ft. 15 ft. Other Requirements Maximum building height 27 ft. 36.5 ft. 29.5 ft. Notes: 1. Measured to private street parkway or sidewalk.. 2. First floors and portion between the Unit -A and Unit -B Plan second floors. 17.22.298 Project setting. A. Setting and Location. The Cypress Ridge project is comprised of 22.73 gross acres within Pechanga Parkway, Loma Linda Avenue and Temecula Lane, which are all fully developed public right-of-way streets with the exception of Temecula Lane which shall be realigned at the north property boundary during the development of Cypress Ridge. Additionally a storm drain easement will be dedicated for the City' s existing underground facilities at the intersection of Pechanga Parkway and Loma Linda Avenue in exchange for the inclusion of parcel 961-450-003 within the Cypress Ridge development for onsite storm water treatment and retention.. B. Existing Site Conditions. The property consists of undeveloped land. Topographical relief ranges from a high elevation of one thousand thirty one in the eastern portion of the property, to a low elevation of one thousand fifteen near the north portion of the property. An existing watercourse traverses the property, flowing from east to west into an existing open drainage channel C. Surrounding Land Uses and Development. Single-family homes exist to the west and south of the project, with a master planned multi -family development to the east and existing Pala Park to the northeast. PKWY, Project Site TEMECULA CREEK VICINITY MAP NTS Erre Stanley Gardner Middle School 17.22.300 Supplemental design standards. The development shall be consistent with the following exhibits: Exhibit 17.22.300.A — Landscape Site Plan A,F ITi:l� ATTEIra Ili pm icq a 0 mf TAT Q_ L���L ..��4 8 `_M1All__�J�n® i�de„®oMI � � avo ,_4.. 4 PECHANOA PARKWAY MONUMENT RCN SEE MOf144ENr WALLS P E PREPARED FOR AC PBCHANOA 20 LF 353E ANGELENO AVE, 9.,E A BURBANK, CA 0I502 PHONE (323)450-936 CONTACT: JO(N RIZPATIOK BEL 611E GLCUAlpNS JOB 415133 ue Corner MaxmenI000n Wrelt' "� MONUMENT NT WALL YftI J/ Ia: _ Os ®* Q ...111C SCALE OtECTOPY / ENTRY KEYPAD AINT WALL ACCENT PAWN] YEMCLE OAT® PEOE6IEAN GATE CYPRESS RIDGE TEMECULA, CA. COLOR LANDSCAPE PLAN L-5 PPIPPA PAPS 202/12 001P.4 PMNIRM cuppEssus AUSTNOW WILLOW .014. MIMS PLOW. PP PAL ft POW ROM. V.00.11 osraF gam/ ewes Exhibit 17.22.300.B — Detached Cluster Building Separation (Unit A and Unit B Plans) The Cypress Ridge Detached Cluster homes are 2 -story with a 10 -foot separation at the first level featuring the second levels setback from the first level around the perimeter of each of the three plans and meet the 15 -foot separation per Section 17.06.050, B, 1 with the exception of a portion of an area between the Unit A and Unit B Plans where the separation at the second level is at 10 foot throughout a 26 -foot length area. The rooms of the Unit A and Unit B Plans where this occur is the recreation room, stair and volume ceiling over the first level of the Unit -A and the recreation room of the Unit -B. There are no opposing windows across from these Plans in this area. It should also be noted that all of the Detached Cluster homes feature downstairs bedrooms with full baths to accommodate a multitude of lifestyle stages. 1ivi li' 1 •• 1"1 41'.4.11 1.41 + R 411.11 I111411i X11 1 1! 11ll� ....H. 11 1 IC 1 11 1 1 11' =111141411101114 I li 111 1 ll Illi' 11 IE 11 l! ' 1 l! 1l 1 .......li•llil l! 11;1 110 4 l! 1111. 1 1 1 1 1' 11 1' C i 11 1 loll IS 1 14 1111;114114 II 4111 I44I 4 K 1111 14;1114114;• 11111I11101I10 I li 011 1 l0 41114 44C1111114;1 411 11411114•1 . 0411 1 ll Illi' 41111811411 111111111 l! 4 11 111 1 l! 41'11 14;1111114;1 1Ik111I41114 11 11'1 11 111 11144 ICIII;III;. I1 8 8 !! 1' 8 1 8 !! ! 1�.11..11..i .. 1..11..ad l 1 !! l..il .1 ..11..11. E 1i1Iii11i!1ie !ii!!ii!!ii!!iE!!1i!!ie!!1 ! iE !ii!! i!!iill!! Open to Below i[! lII it i 14= K....a I IIkill_ • 11 o111111111111111� +:1II ,„ ul Unit B Second Floor 11111111111111 Unit A Second Floor Exhibit 17.22.300.0 — Private Street Parallel Parking and Traffic Calming Features Cypress Ridge private streets are based on City Standard No. 104 where a 40' curb to curb width is provided for one 12' wide travel lane in each direction and room for parallel parking on both sides. This is similar to other residential projects in Temecula such as nearby `Classic Way'. Private street pavement width is reduced to 32' where parallel parking is provided on one side and both 12' wide travel lanes are preserved. As Cypress Ridge will be a gated community, traffic calming features have been included such as curb returns which narrow at driveways and intersections and define the parallel parking spaces, reducing the pavement width to 24' in order to delineate the travel lanes and separate the parking spaces to aid in enforcing the proposed 15 m.p.h. speed limit. This design is also partially modeled after Section 16.51.060. A., where the Land Use is described as `Attached homes/small lot detached homes' where the travel lanes in each direction are listed at '2 at 10' including parallel parking listed at '8' on both sides' . Although 12' wide travel lanes are being provided at Cypress Ridge per Fire Department requirements and to ease traffic circulation throughout. Below is an example of one of these circulation streets where parking is shown on both sides with curb returns to define the parking spaces along with providing a defined space for Refuse/Recycle Bins. I ---1 A L ---J GATE (TYP. L REFUSE/RECYCLE PICKUP b (UNITS PROVIDE STORAGE) A I Exhibit 17.22.300.D - Mailbox Cluster Box Units USPS approved CBU's (8, 12 & 16 box units) Parkview Stucco CBU Cap & Pedestal, Sandstone Color with overhead Trellis 1 ▪ 9 d 2 y 3 • 4 y 10 yq 31 O 12 ® 5 . • 6 Y � 11 P TRELLIS STANDALONE FRONT LOAD MAILBOXES - °AF FLORENCE' #4CADD-1 0 OR APPROVED EQUAL, WITH STUCCO CAP AND PEDESTAL. z front elevation Exhibit 17.22.300.E Parking Step -out width The parking lot islands shall be 5' wide excluding curbs with and a 1' step -out adjacent to the parking stall. Concrete step outs per the City's ordinance (12" separate walk adjacent to 6" curb) would be poured separately which can be problematic when one portion settles or raises causing an uneven surface. Cypress Ridge uses a design the Consultant Team has used successfully in Temecula where the curb is installed as a monolithic 12" width to provide sufficient step -out space without the issues of a two -pour section (see attached detail). This design provides durability for the curb and step -out surface while reducing overall impervious surfaces to meet water quality requirements. 3/4" RADIUS 14" 12" 2" 3/4" RADIUS 6" CURB FACE PAVEMENT 10" CLASS 520-0-2500 CONCRETE STEP OUT CURB DETAIL N.T.S. 15 Exhibit 17.22.300.F - Architectural Styles Detached Cluster Homes Tuscan Spanish Colonial Spanish Mission A4 v 11 14 TILS LS1i 44 A TUSCAN - MkJ la hw-dt -sid rola - "Slone al base and arch entry - Sams SEM wf-.dcrws with Iar0a spaces bse ween en sacrad lural -'dsloud sradaa and laisa shutters - Rmnan mar eke win classic calx hand SPANISH COLONIAL - Mania pa law -gable meats -Arch doom ayr garaiaas and Mr.:10A% - namratad dies at entry - Ylrcv.lghr r n plenums at sa0o17d Ileo - Spa rh i rdcr iI uaT, classic cider bowl SPANISH MISSION - Low-plich rwls min midst aims - Trick arches on grorrd I 1 -seri l-ndapiidart bah gables and pras parous missions curved 9arows, gasheson the prlydpal'acacia w,ftR IUha: - 5rii7q and pialr: =Imo - 5pw'h roo' Ila wrh class.c odor Gar, 1. front elevation 2. rear side elevation 3. side elevation 0 \a 113M ■■ swim IIIIIIII IIIIIIIIIIIIIII 1111 1111111 IIII IIIA 4. side elevation Attached Cluster Homes 1 . front elevation 2. sido elevation 3. rear elevation 1. front elevation 1 11 11111111 u uu — nu 1111 � A 11 II uel n �,�� a :1 ��uiu uu m uom IN:114 Lilld.di t ■Ilif, 11111111WIMINIIIII nin11.1111110 11111rI110111.WY i1 2. side elevation 3. rear elevation SPANISH COLONIAL - Multiple low -gable roofs - Arcn doorways, gauges and windows - Decorated files at entry second floor - Spanish root tie with classic color bend 2 2 ATTACHED CLUSTER ATTACHED CLUSTER BLDG ELEVATIONS Spanish Colonial - Scheme 1 SPANISH COLONIAL - Multiple low -gable roofs -Arch doorways, garages and windows - Decorated tiles at entry - Wrought iron planters at second floor - Spanish roof rile with classic color hand 2 V KETSCHED CLUSTER ATTACHED CLUSTER BLDG ELEVATIONS Spanish Colonial - Scheme 2 Duplex Homes 2. side elevation 3. rear elevation adjacent urn bedroom window 1. front elevation SPANISH COLONIAL - Multiple low -gable rook Arch doorways, t entrys and AMdows - CECP'6lad SAS at erttry - Wrought Iron pant., at second floor - Spanish root Sic with classic cobr bond 2� 3 DUPLEX BLDG ELEVATIONS Spanish Colonial ,1111 ■11■i 11111111 1111 III 11111111 2. side elevation 3. rear elevation 1. front elevation rt SPANISH MONTEREY Multiple low -gable roofs - Sodom shape and sharp Ines of early craftsman homes Exposed heavy amber Caracoles with -Spuentry be n windows with tabo shutters - Flat concrete rout tiles with dark-Unry 3 DUPLEX BLDG ELEVATIONS Spanish Monterey Triplex Homes 1. front elevation adjacent unit bedroom window 2. side elevation Fire Sprinkler Riser location and Alar Panel. Door shall be label.] as fire Sprinkler clpset & FACP' in cantestind color. 3. rear elevation 4. side elevation SPANISH MONTEREY - Multiple low -gable rook - Square shape and sharp linea of early craftsman Mmes - Exposed heavy timber balconies with. main ¢nny below - Square wndows with false shutters - Flat concrete root tiles with dark -dray charcoal color blend A 3 TRIPLEX WILDING TRIPLEX BLDG ELEVATIONS Spanish Monterey 3 TRIPLEX BUILDING TRIPLEX BLDG ELEVATIONS Spanish Monterey 3. rear elevation 4 side elevation . front elevation adjacent unit ImnQ room winnow adjacent aril bedroom window 2. side elevation Fire Sprinkler Riser location and Alarm Panel. Deer shall be labeled as fire Sprinkler closet & FRCP' In ....acerb color. Clubhouse FEHZ11 42 3 )w+1,2 BUM.° TRIPLEX BLDG ELEVATIONS Spanish Colonial SPANISH COLONIAL - Multl{le low -gable roots - Arch dcolways, Cameos and wndews - DeWraled Iles at envy - Wrought Iron planters at second floor - Spanish roof RIO with classic color herd TRIPLEX BLDG ELEVATIONS Spanish Colonial 3 south elevation 1 east a evatiJn Obo t 010,7r eiH 4. north @I 410n 2 w9Si @i@u532r (pool &dB eIgv9h0r SPANISH COLONIAL ages sr. Wovreulaw, mm blabs- wroug t planters et moot by - soroen bailie,. c.a. mor mw 3 R 2i rE 4 CLUBHOUSE ELEVATIONS Spanish Colonial EXHIBIT A FISCAL IMPACT ANALYSIS CYPRESS RIDGE FISCAL IMPACT ANALYSIS TEMECULA, CALIFORNIA Prepared for: CITY OF TEMECULA Prepared by: KEYSER MARSTON ASSOCIATES, INC. JULY 2017 CYPRESS RIDGE FISCAL IMPACT ANALYSIS TEMECULA, CALIFORNIA Prepared for: CITY OF TEMECULA Prepared by: KEYSER MARSTON ASSOCIATES, INC. 555 West Beech St., Suite 460 San Diego, California 92101 500 South Grand Avenue, Suite 1480 Los Angeles, California 90071 Golden Gateway Commons 160 Pacific Avenue, Suite 204 San Francisco, California 94111 JULY 2017 TABLE OF CONTENTS I. Introduction 1 II. Key Findings 2 III. Fiscal Impact — 20 -Year Projection 3 IV. Fiscal Impact at Build -Out 10 V. Limiting Conditions 14 APPENDIX A: DEMOGRAPHIC PROFILE AND CITY GENERAL FUND BUDGET 16 APPENDIX B: FISCAL IMPACT — 20 -YEAR PROJECTION 20 APPENDIX C: FISCAL IMPACT AT BUILD -OUT 42 KEYSER MARSTON ASSOCIATES_ I. INTRODUCTION A. Objective In accordance with Keyser Marston Associates, Inc.'s (KMA's) June 27, 2016 contract with the City of Temecula (City), KMA has undertaken a Fiscal Impact Analysis (FIA) for the Cypress Ridge Development Plan (Project). As background, Ridge Crest Real Estate (Developer) has proposed a Development Plan (Plan) for a 22.73 -acre property at the northeast corner of Pechanga Parkway and Loma Linda Road (Property). The Developer has applied for a General Plan Amendment to change the Property's land use designation from Professional Office (PO) to Medium Density Residential (M); and a zone change from PO to Planned Development Overlay (PDO). The proposed Plan will include up to 245 housing units, consisting of 79 detached cluster units, 63 attached cluster units, and 103 duplex/triplex units. The Project will also feature four tot lots, three picnic areas, a dog park, and a 1,800 square foot (SF) clubhouse with a spa and pool. The FIA prepared by KMA evaluated the recurring General Fund revenues and expenditures generated by the proposed Project over a 20 -year time period, beginning upon the sale of the Project's first residential unit in Fiscal Year (FY) 2018 and ending in FY 2037. B. Methodology In completing this assignment, KMA undertook the following principal work tasks: • Reviewed background materials and resource documents relevant to the Project. • Reviewed the City's FY 2016-2017 Mid -Year Adjusted General Fund Budget to understand the City's current fiscal condition and revenue/expenditure parameters. • Collected and reviewed demographic and economic trends for the Temecula area. • Reviewed residential market data provided by the Developer. • Estimated recurring annual revenues and municipal service expenditures as a result of completion of the Project. City of Temecula — Cypress Ridge — Fiscal Impact Analysis 1 Keyser Marston Associates, Inc. 17049ndh 19545.041.001 C. Report Organization Following this introduction, this FIA is organized as follows: • Section II presents a summary of the KMA key findings. • Section III provides an estimate of fiscal impact of the Project on the City's General Fund over a 20 - year time period. • Section IV provides an estimate of fiscal impact of the Project at build -out. • Section V presents limiting conditions pertaining to this report. II. KEY FINDINGS A. 20 -Year Fiscal Impact Projection • The Project is projected to yield a negative net fiscal impact to the City's General Fund, inclusive of Project -generated revenues from Measure S, each year over the projected 20 -year time period. • The major revenue categories generated by the Project during this 20 -year time period include sales tax and Measure S revenue generated by residents, property tax, property tax in lieu of vehicle license fees (VLF), property transfer tax, and franchise fees. • The major expenditure categories generated by the Project during this 20 -year time period include Police, Asset Management Fund, Fire, Public Works, and Recreation Funding. • The Project's fiscal impact is estimated at negative $118,000 at build -out in Year 3 (FY 2020 dollars) and is projected to reach negative $300,000 by Year 20 (FY 2037 dollars). B. Fiscal Impact at Build -out (FY 2017 Dollars) • On a static basis, upon build -out, the Project is projected to generate annual revenues to the General Fund estimated at about $283,000 (FY 2017 dollars), inclusive of Project -generated revenues from Measure S. Revenues are primarily driven by sales tax generated by residents, property taxes, and property tax in -lieu of VLF, which together account for approximately 74.2% of total General Fund revenues generated by the completion of the Project. City of Temecula — Cypress Ridge — Fiscal Impact Analysis 2 Keyser Marston Associates, Inc. 17049ndh 19545.041.001 • Total annual service costs to the General Fund upon stabilization of the Project are estimated at $386,000 (FY 2017 dollars). The major expense categories are Police; Asset Management Fund; Public Works — Land Development, Public Works, etc.; and Recreation Funding, which together account for approximately 75.1% of total General Fund expenditures generated by the completion of the Project. • As shown in Table 11-1 below, the Project is projected to generate a net fiscal impact to the City of negative $103,000 (FY 2017 dollars) at build -out. This finding is not surprising for a residential development. New households require additional municipal services, and the cost to provide these services is only partially offset by the revenue generation from the Project's new resident retail spending, property taxes, and other major revenue sources. Table II -1: Recurring Annual Fiscal Impact at Build -out (FY 2017 Dollars) (1) Cypress Ridge General Fund Revenues (2) $283,000 General Fund Expenditures ($386,000) Annual Net Fiscal Impact to City 003,000) Revenue to Expense Ratio 0.73 Deficit per Unit per Year ($420) (1) Figures are expressed in FY 2017 dollars. (2) Includes Project -generated Measure S revenues. III. FISCAL IMPACT — 20 -YEAR PROJECTION A. Overview of Methodology This section presents the KMA methodology used to estimate the fiscal impact to the City of Temecula General Fund resulting from development of the proposed Project. The detailed KMA 20 -Year fiscal impact model is provided in Appendices A and B and summarized below. Demographic Overview Table 111-1 below presents the findings of the KMA review of demographic factors for the City. The data consist of population, number of households, number of housing units, and total jobs. More detail is presented in Appendix A, Table A-1. City of Temecula — Cypress Ridge — Fiscal Impact Analysis 3 Keyser Marston Associates, Inc. 17049ndh 19545.041.001 Table III -1: Demographic Overview, City of Temecula 2017 Estimate Population 111,024 Households 34,959 Housing Units 36,320 Jobs 50,218 Overview of the City of Temecula Budget Table III -2 below provides an overview of the City's Mid -Year FY 2016-2017 Adjusted General Fund Budget. A more detailed analysis can be found in Appendix A, Table A-2. As shown, the City is projected to experience a net surplus of $363,000 in FY 2016-2017. Table III -2: City of Temecula, Mid -Year FY 2016-2017 Adjusted General Fund Budget General Fund Revenues General Fund Expenditures Net Surplus/(Deficit) $71,859,000 ($71,496,000) $363,000 (1) Total before deduction of Program Revenues. It is important to note that through discussions with City staff, estimated revenues from Measure S and projected expenditures for Recreation Funding and Asset Management Fund were further modified by KMA. These modifications are presented in Table III -3 below, with additional details presented in Appendix A, Tables A-3 and A-4. Table III -3: KMA Modifications to Mid -Year FY 2016-2017 Adjusted General Fund Budget FY 2016-2017 KMA Modifications to Mid -Year Mid -Year Adjusted FY 2016-2017 Adjusted (1) I. Revenues A. Measure S $1,236,000 $14,468,000 (2) II. Expenditures A. Recreation Funding $4,823,000 $6,200,000 B. Asset Management Fund $0 $6,000,000 (1) (2) Per City of Temecula, Finance Department, May 2017. KMA estimate. Based on FY 2017-2018 estimates provided by the City Finance Department for Measure S, reduced by 4.69% to reflect a full year for FY 2016-2017. City of Temecula — Cypress Ridge — Fiscal Impact Analysis Keyser Marston Associates, Inc. 17049ndh 19545.041.001 4 As a result of the modifications presented above, the Mid -Year FY 2016-2017 Adjusted General Fund Budget is projected to experience a net surplus of $6.2 million as presented in Table III -4 below. Table III -4: KMA Modifications to Mid -Year FY 2016-2017 Adjusted General Fund Budget General Fund Revenues General Fund Expenditures (1) Net Surplus/(Deficit) $85,092,000 ($78,873,000) $6,219,000 (1) Total before deduction of Program Revenues. Appendix A, Tables A-3 and A-4 also show the departmental revenues and expenditures used to calculate the per capita impacts to the General Fund from the development of the proposed Project. The revenues shown are strictly departmental revenues and exclude such revenues as property and sales tax, which are estimated based on projected increases in assessed value and taxable sales from incremental development, respectively. The expenditures reflect the gross General Fund expenditures less the associated General Fund departmental charges for services. By isolating the net expenditure, the actual impact to the General Fund can be calculated. B. Key Fiscal Impact Assumptions As shown below in Table III -5, the Project will include 245 attached and detached residential units. A more detailed description of the Project can be found in Appendix B, Table B-2. City of Temecula — Cypress Ridge— Fiscal Impact Analysis 5 Keyser Marston Associates, Inc. 17049ndh 19545.041.001 Table III -5: Project Description Detached Cluster Plan A Plan B Plan C Total Detached Cluster Attached Cluster Plan A Plan B Plan C Plan D Total Attached Cluster 2,243 SF 27 Units 1,947 SF 24 Units 2,364 SF 28 Units 2,196 SF 79 Units 1,575 SF 16 Units 1,864 SF 16 Units 1,822 SF 16 Units 1,636 SF 15 Units 1,726 SF 63 Units Duplex/Triplex Duplex A 1,498 SF 52 Units Triplex A 1,582 SF 17 Units Triplex B 1,374 SF 17 Units Triplex C 1,535 SF 17 Units Total Duplex/Triplex 1,498 SF 103 Units Total 1,781 SF 245 Units Table III -6 below presents the assumed annual absorption for the Project. The Developer anticipates the first closing to occur during FY 2018 with four homes sold per month per product type, or 12 homes per month through FY 2020. A more detailed analysis of the projected annual absorption for the Project can be found in Appendix B, Table B-3. Table III -6: Anticipated Schedule of Development (Annual Absorption) (1) FY 2018 FY 2019 FY 2020 Total Detached Cluster 24 Attached Cluster 24 48 39 7 0 79 63 Duplex/Triplex 24 48 31 103 Total 72 135 38 245 (1) Source: Developer, November 2, 2016. Adjusted by KMA to reflect a 6 -month deferment from initial projected absorption. City of Temecula — Cypress Ridge — Fiscal Impact Analysis Keyser Marston Associates, Inc. 17049ndh 19545.041.001 Assumptions used in the FIA are based upon an assessment of future circumstances regarding population, employment, property valuation, and taxable sales. Table III -7 provides a summary of the key assumptions used in this analysis, as follows: Table III -7: Key Assumptions Population Resident Equivalents Residential Value 2.5 — 3.5 0.33 $355,000 - $443,000 persons per unit employees per resident per unit (FY 2017$) (1) (1) Source: Developer, November 2, 2016. The FIA also estimates other General Fund revenues and expenditures based on a modified per capita measure known as "resident equivalents." This approach combines residents and employees to form a single service population. As summarized below, the resident equivalent approach weights an employee as 0.33 residents, such that three employees are viewed as having the same impact as one resident. Table III -8: Total Resident Equivalents Total Population Total Employment Total Population + Jobs Total Resident Equivalents (1) City of Temecula 111,024 50,218 161,242 127,596 Cypress Ridge 688 0 688 688 (1) Assumes a resident equivalent factor of 0.33 (three employees have approximately the same impact as one resident). C. Key Fiscal Impact Assumptions General Fund Revenues This section discusses the recurring General Fund revenue assumptions utilized to estimate the impact of the proposed Project. Annual recurring revenues for the Project, such as Property Tax and Sales and Use Tax, were estimated based on assumed real estate market factors such as market values of the residential uses. One-time revenues such as Development Impact Fees and building permits used to offset one-time City costs were not evaluated in the fiscal impact model. Franchise Fees; Licenses and Permits; and Fines and Forfeitures; and other revenues were estimated by applying a per capita or "per resident equivalent" to the number of new residents anticipated for the Project. City of Temecula — Cypress Ridge — Fiscal Impact Analysis 7 Keyser Marston Associates, Inc. 17049ndh 19545.041.001 As shown in Table III -9 below, KMA applied the following escalation factors to estimate the annual General Fund revenues to the City over a 20 -year period. The annual escalation factors were based on KMA's review of recent historical valuation trends in the City. Table III -9: Annual Revenue Escalation Factors Escalation Factor Assessed Value (1) Pre -Build -out Post -Build -out Sales Tax Special Tax (Measure C) Other General Fund Revenues 5.0% 2.0% 5.0% (2) 0.0% 2.5% (1) Reflects assumed market escalation. (2) Escalation is reduced to 2.50% after Year 8. General Fund Expenditures This section discusses the recurring annual General Fund expenditure assumptions utilized to estimate the impact of the Project at build -out. Annual recurring expenditures, including Fire, Public Works, and City Council, were estimated by applying a per capita or "per resident equivalent" cost estimate to the number of new residents anticipated from build -out of the Project, with the exception of Police. To estimate Police expenditures, KMA applied the Project's pro rata share of one (1) new police officer at $300,000 per 1,000 population added to the City. Annual escalation factors for each major expenditure category were estimated by KMA based on five- year financial projections for the General Fund presented in the City's Budget. As shown in Table III -10, General Fund expenditures are anticipated to increase at escalation rates ranging between 1.0% and 3.0% per year, with the exception of expenditures associated with Police and Fire which are expected to increase between 3.0% and 6.0% per year. KMA also applied a marginal cost adjustment to each expenditure category to reflect that General Fund expenditures do not typically have a 1:1 relationship between population and projected growth. As shown in Table III -10, the marginal cost adjustments assumed by KMA ranged between 0% and 40%. City of Temecula — Cypress Ridge — Fiscal Impact Analysis 8 Keyser Marston Associates, Inc. 17049ndh 19545.041.001 Table III -10: Annual Expenditure Escalation Factors Escalation Factor Marginal Cost Impact Adjustment Police 6.00% (1) 5.0% Public Works — Land Development, Public Works, etc. 2.50% 10.0% Recreation Funding 3.00% 20.0% Fire 5.00% (2) 5.0% Public Works — Parks & Maintenance 2.50% 10.0% City Manager 2.50% 40.0% Community Development 2.75% 20.0% Finance 2.75% 30.0% City Clerk 3.00% 30.0% Retiree Medical Contribution 3.00% 0.0% City Attorney 2.00% 40.0% Animal Control 1.00% 10.0% City Council 2.75% 40.0% Community Support 2.00% 20.0% PERS Replacement Benefit 3.00% 0.0% Property Tax Administration 3.00% 30.0% Asset Management Fund 2.00% 0.0% (1) Reflects escalation factor for first 5 years, escalation is reduced to 4.0% beginn ng in Year 6. (2) Reflects escalation factor for first 5 years, escalation is reduced to 3.0% beginning in Year 6. D. Annual General Fund Impact Comparison of the annual revenues and annual expenditures generated by the Project indicates that it will yield a negative net fiscal impact to the City's General Fund each year over the 20 -year period. As shown in Table III -11, the Project's net fiscal impact is estimated at negative $118,000, or negative $482 per unit, at build -out in Year 3 (FY 2020 dollars). The Project's net fiscal impact reaches negative $300,000, or negative $1,224 per unit, by Year 20 (FY 2037 dollars). A more detailed analysis is presented in Appendix B, and summarized below. City of Temecula — Cypress Ridge — Fiscal Impact Analysis 9 Keyser Marston Associates, Inc. 17049ndh 19545.041.001 Table III -11: Annual General Fund Impact General Revenues to Fiscal Fund General Fund Recurring Per Unit Per Expenditures Year Revenues (1) Expenditures Surplus/(Deficit) Year (2) Ratio 2018 $102,000 $122,000 ($20,000) ($278) 0.84 2019 $287,000 $366,000 ($79,000) ($382) 0.78 2020 $328,000 $446,000 ($118,000) ($482) 0.74 2021 $343,000 $467,000 ($124,000) ($506) 0.73 2022 $355,000 $488,000 ($133,000) ($543) 0.73 2023 $364,000 $504,000 ($140,000) ($571) 0.72 2024 $372,000 $521,000 ($149,000) ($608) 0.71 2025 $387,000 $539,000 ($152,000) ($620) 0.72 2026 $395,000 $557,000 ($162,000) ($661) 0.71 2027 $404,000 $576,000 ($172,000) ($702) 0.70 2028 $413,000 $595,000 ($182,000) ($743) 0.69 2029 $422,000 $615,000 ($193,000) ($788) 0.69 2030 $431,000 $636,000 ($205,000) ($837) 0.68 2031 $441,000 $658,000 ($217,000) ($886) 0.67 2032 $451,000 $680,000 ($229,000) ($935) 0.66 2033 $461,000 $703,000 ($242,000) ($988) 0.66 2034 $471,000 $727,000 ($256,000) ($1,045) 0.65 2035 $481,000 $752,000 ($271,000) ($1,106) 0.64 2036 $492,000 $778,000 ($286,000) ($1,167) 0.63 2037 $504,000 $804,000 ($300,000) ($1,224) 0.63 (1) Includes Project -generated Measure S revenues. (2) Represents annual General Fund impact per unit based on anticipated annual absorption for the Project. Full build- out of the Project does not occur until Year 2020. IV. FISCAL IMPACT AT BUILD -OUT (FY 2017 DOLLARS) It is estimated that the Project will generate a net fiscal impact to the City of negative $103,000 (FY 2017 dollars) at build -out. This section provides a detailed analysis of the Project's fiscal impact to the City's General Fund. A more detailed analysis can be found in Appendix C. A. Annual Recurring General Fund Revenues Table IV -1 summarizes the KMA estimate of recurring General Fund revenues at build -out. As shown, the Project at build -out is estimated to generate approximately $283,000 annually in General Fund City of Temecula - Cypress Ridge - Fiscal Impact Analysis 10 Keyser Marston Associates, Inc. 17049ndh 19545.041.001 revenues. A more detailed analysis is provided in Appendix C, Tables C-3 through C-7. Table IV -1: Recurring General Fund Revenues at Build -out (1) Total (FY 2017$) % of Total Sales Tax - Resident Spending (2) $98,000 34.6% Property Tax $59,000 20.8% Property Tax in -lieu of VLF $53,000 18.7% Franchise Fees $19,000 6.7% Special Tax (Measure C) $18,000 6.4% Gas Tax Fund $13,000 4.6% Capital Improvement Program $12,000 4.2% Property Transfer Tax $5,000 L8% Fines and Forfeitures $3,000 L1% Licenses and Permits $2,000 0.7% Law Enforcement Fund $1,000 0.4% Intern Fellow Fund $0 0.0% Sales and Use Tax $0 0.0% Miscellaneous Revenue $0 0.0% Vehicle License Fees 0.0% Total Annual Revenues $283,000 100.0% (1) Source: Appendix C, Table C-7. (2) Includes Project -generated Measure S revenues. Sales Tax, inclusive of Measure S revenues, from new resident spending represents the largest component of General Fund revenues as a result of the development of the Project. The Project's 688 new residents are expected to generate $98,000 of new sales tax revenues to the City at build -out. This represents about 34.6% of total revenues generated by the Project. Property Tax revenues are the second largest source of General Fund revenues to be generated by the Project's 245 residential units. At build -out, the project is projected to generate approximately $59,000 per year in property tax revenues, comprising of 20.8% of the total General Fund revenues generated by the Project. Property Tax in Lieu of VLF represent the third largest component of General Fund revenues. The increase in gross assessed value will generate approximately $53,000 in additional motor vehicle license fee revenues to the City, representing 18.7% of the total General Fund revenues to be generated by the Project. City of Temecula — Cypress Ridge — Fiscal Impact Analysis 11 Keyser Marston Associates, Inc. 17049ndh 19545.041.001 The other sources of revenue including Franchise Fees, Special Tax (Measure C), Gas Tax Fund, Miscellaneous Revenue, and all other revenue sources are anticipated to account for 25.8% of General Fund revenues generated by the Project. The breakout of revenues generated by the Project at build- out is further illustrated in Exhibit IV -1 below. Exhibit IV -1: Recurring General Fund Revenues at Build -out P Sales Tax/Measure S - Property Tax Property Tax in -lieu of VLF Franchise Fees - Special Tax (Measure C) Gax Tax Fund ■ Other B. Annual Recurring General Fund Expenditures This section discusses the recurring annual General Fund expenditure assumptions utilized to estimate the impact of the Project at build -out. A more detailed analysis can be found in Appendix C, Tables C-8 and C-9. Annual recurring expenditures, including Fire, Public Works, and City Council, were estimated by applying a per capita or "per resident equivalent" cost estimate to the number of new residents anticipated from build -out of the Project, with the exception of Police. To estimate Police expenditures, KMA applied the Project's pro rata share of one (1) new police officer at $300,000 per 1,000 population added to the City. As a result of this method, at build -out, the Project's 688 new residents are anticipated to add $196,000 in Police expenditures to the City's General Fund due to the need of approximately one new police officer generated by the Project. As shown in Table IV -2, the total annual General Fund expenditures to provide services to the new development are estimated at $386,000 at build -out. Major expenditure categories were estimated based on projections from current service levels. Additionally, City staff identified the need to evaluate the cost to fund the City's Asset Management Fund, an annual reserve for periodic facilities maintenance and repair costs for City parks and public facilities. City of Temecula - Cypress Ridge- Fiscal Impact Analysis 12 Keyser Marston Associates, Inc. 17049ndh 19545.041.001 Table IV -2: Recurring General Fund Expenditures at Build -out Total (FY 2017$) % of Total Police (1) $196,000 50.8% Asset Management Fund $32,000 8.3% Public Works - Land Development, Public Works, etc. $31,000 8.0% Recreation Funding $31,000 8.0% Fire $26,000 6.7% Public Works - Parks & Maintenance $20,000 5.2% City Manager $11,000 2.8% Community Development $11,000 2.8% Finance $9,000 2.3% Retiree Medical Contribution $8,000 2.1% City Clerk $5,000 L3% City Attorney $2,000 0.5% Animal Control $2,000 0.5% City Council $1,000 0.3% Community Support $400 0.1% PERS Replacement Benefit $400 0.1% Property Tax Administration $300 0A% Total Annual Recurring Expenditures $386,000 100% (1) Based on the cost for staffing one Police Officer ($300,000) per 1,000 population. As shown in Table IV -2 above, the Project's pro rata cost for Police represents the largest of Project - generated General Fund expenditures at $196,000, or 50.8%. The City's Asset Management Fund represents the second largest expenditure at $32,000, or 8.3% of total Project -generated expenditures. The remaining departmental expenditures including, but not limited to, Recreation Funding, Fire, City Council, Community Development, and other Public Works services account for a combined $158,000 (4L0% of total). The breakout of expenditures generated by the Project at build -out is further illustrated in Exhibit IV -2 below. City of Temecula — Cypress Ridge — Fiscal Impact Analysis 13 Keyser Marston Associates, Inc. 17049ndh 19545.041.001 Exhibit IV -2: Recurring General Fund Expenditures at Build -out - Police - Asset Management Fund Public Works - Land Development, etc. Recreation Funding ■ Other V. LIMITING CONDITIONS 1. The KMA analysis is based, in part, on data provided by secondary sources such as State and local governments, planning agencies, real estate brokers, and other third parties. While KMA believes that these sources are reliable, we cannot guarantee their accuracy. 2. The accompanying projections and analyses are based on estimates and assumptions which were developed using currently available economic data, Project -specific data, and other relevant information. It is the nature of forecasting, however, that some assumptions may not materialize and unanticipated events and circumstances may occur. Such changes are likely to be material to the projections and conclusions herein and, if they occur, require review or revision of this document. 3. Any estimates of revenue or cost projections are based on the best Project -specific and fiscal data available at this time as well as experience with comparable projects. They are not intended to be projections of actual future performance of any specific project. 4. Revenue estimates are based on the assumption that sufficient market support exists for the proposed uses and that the Project will achieve industry standard productivity levels. 5. KMA assumes that all applicable laws and governmental regulations in place as of the date of this document will remain unchanged throughout the projection period of our analysis. In the event that this does not hold true, i.e., if any tax rates change, the analysis would need to be revised. City of Temecula - Cypress Ridge- Fiscal Impact Analysis 14 Keyser Marston Associates, Inc. 17049ndh 19545.041.001 6. Value estimates assume that any necessary entitlements or zoning changes for development can be obtained in a reasonable time frame. It is also assumed that property titles are good and marketable; no title search has been made, nor has KMA attempted to determine property ownership. The value estimates are given without regard to any questions of boundaries, encumbrances, liens or encroachments. 7. Property tax projections reflect KMA's understanding of the assessment and tax apportionment procedures employed by the County. The County procedures are subject to change as a reflection of policy revisions or legislative mandate. While we believe our estimates to be reasonable, taxable values resulting from actual appraisals may vary from the amounts assumed in the projections. 8. No assurances are provided by KMA as to the certainty of the projected tax revenues shown in this document. Actual revenues may be higher or lower than what has been projected. attachments City of Temecula — Cypress Ridge — Fiscal Impact Analysis 15 Keyser Marston Associates, Inc. 17049ndh 19545.041.001 APPENDIX A FISCAL IMPACT ANALYSIS CYPRESS RIDGE Demographic Profile and City of Temecula General Fund Budget TABLE A-1 DEMOGRAPHIC PROFILE - CITY OF TEMECULA, 2017 ESTIMATES CYPRESS RIDGE CITY OF TEMECULA 2017 Estimate I. Population and Households Population (1) 111,024 Households (2) 34,959 Average Household Size (1) 3.15 Jobs (3) 50,218 II. Housing Units (1) Single -Family 29,816 Multi -Family 6,345 Mobile Homes 159 Total 36,320 III. Occupied Units (1) 33,707 IV. Percent Vacant (1) 7.2% (1) Source: California Department of Finance, January 1, 2017. (2) Source: The Nielsen Company, 2017. (3) Source: The Nielsen Company, 2017. Reflects employment by place of work. Prepared by: Keyser Marston Associates Inc. Filename is\Cypress Ridge - FIA - v4 - 07-25-17;7/25/2017;mdt Page 16 TABLE A-2 SUMMARY OF CITY OF TEMECULA GENERAL FUND BUDGET - FISCAL YEAR 2016-2017 CYPRESS RIDGE CITY OF TEMECULA Mid -Year FY 16-17 Adjusted (1) I. Revenues Taxes and Franchises $52,691,000 73.3% Intergovernmental Revenues $7,478,000 10.4% Licenses, Permits and Service Charges $4,348,000 6.1% Operating Transfers In $3,536,000 4.9% Reimbursements $2,856,000 4.0% Fines and Forfeitures $736,000 1.0% Miscellaneous Revenue (2) $330,000 0.5% Use of Money and Property ($116,000) -0.2% Total Revenues $71,859,000 100.0% II. Expenditures Police Non Departmental (3) Public Works - Land Development, Public Works, etc. Fire Community Development Public Works - Parks & Maintenance City Manager Finance City Clerk City Attorney Animal Control City Council Community Support Total Expenditures $28,830,000 40.3% $12,383,000 17.3% $7,333,000 10.3% $6,088,000 8.5% $4,608,000 6.4% $3,637,000 5.1% $3,329,000 4.7% $2,332,000 3.3% $1,215,000 1.7% $736,000 1.0% $463,000 0.6% $453,000 0.6% $89,000 0.1% $71,496,000 100.0% III. Net Surplus/(Deficit) $363,000 Revenues to Expenditures Ratio 1.01 (1) Source: City of Temecula, Mid -Year FY 2016-2017 Adjusted General Fund Budget. (2) Includes Prior Year Contractual Obligations. (3) Includes Property Tax Administration, Recreation Funding, Retiree Medical Contribution, and PERS Replacement Benefits. Prepared by: Keyser Marston Associates Inc. Filename i:\Cypress Ridge - FIA - v4 - 07-25-17;7/25/2017;mdt Page 17 TABLE A-3 SUMMARY OF GENERAL FUND REVENUES CYPRESS RIDGE CITY OF TEMECULA Revenues Included in Analysis Taxes and Franchises Property Tax Sales and Use Tax Franchise Fees Special Tax (Measure C) Total Licenses and Permits Business Licenses Bids and Proposals Total Fines and Forfeitures Intergovernmental Revenues Property Tax In Lieu of VLF Vehicle License Fees Total Operating Transfers In Gas Tax Fund Law Enforcement Fund Intern Fellowship Fund Measure 5 Total Capital Improvement Program Miscellaneous Revenue Mid -Year FY 16-17 Adjusted General Fund Revenues FY 2016-2017 $7,598,000 $36,392,000 $3,580,000 $1.853,000 $49,423,000 $300,000 $7,000 $307,000 $547,000 $7,430,000 $49,000 $7,478,000 $2,073,000 $218,000 $9,000 $1,236,000 $3,536,000 $2,167,000 $42,000 KMA Modifications to Mid -Year FY 16-17 Adjusted General Fund Revenues FY 2016-2017 $49,423,000 $307,000 Comments projected based on increase in gross AV (excludes RDA properties) projected based on taxable sales from incremental development projected based on population and employment based on residential units and commercial acreage developed projected based on population and employment projected based on population and employment $547,000 projected based on population and employment $7,478,000 $2,073,000 $218,000 $9,000 $14,468,000 $16,768,000 $2,167,000 projected based on increase in gross AV (includes RDA properties) projected based on population projected based on population projected based on population and employment projected based on population and employment (1) projected based on population and employment projected based on population and employment $42,000 projected based on population and employment Total Included Items $63,499,000 $76,732,000 II. Charges for Services Deducted from Community Development Planning - Various Building and Safety - Various Total Deducted from Public Works - Land Development Land Development - Various Public Works - NPDES Permit Fee Plan Check Permits Inspection Fees Total Deducted from Public Works - Parks & Maintenance Lease Income Deducted from Police Citations and Bookings Miscellaneous Vehicle Impound Fees Reimbursements Total Deducted from Fire Various Charges for Services III. Excluded Items Pechanga IGA Taxes and Franchises Transient Occupancy Tax Use of Money and Property Investment Interest Lease/Rental Income Total Reimbursements Other Total Sponsorship Change in Fair Value of Investments Prior Year Contractual Obligations Total Excluded Items $672,000 $1.423,000 $2,095,000 $988,000 $4,000 $1,000 $1,000 $994,000 $51,000 $100,000 $96,000 $90,000 $143,000 $428,000 $952,000 $4,520,000 $451,000 $3,268,000 $0 $86,000 $86,000 $96,000 $96,000 $2,000 ($252,000) $190,000 $3,840,000 $4,520,000 $3,840,000 projected based on population and employment hotel use not planned as part of Project independent of projected incremental development independent of projected incremental development independent of projected incremental development independent of projected incremental development independent of projected incremental development independent of projected incremental development IV. Total Revenues $71,859,000 $85,092,000 (1) KMA estimate. Based on FY 2017-2018 estimates provided by the City Finance Department for Measure 5, deflated by 4.69% to reflect a full year for FY 2016-2017. Source: City of Temecula, Fiscal Year 2016-17 Mid -Year Budget Adjustment. Prepared by: Keyser Marston Associates Inc. Filename is\Cypress Ridge - FIA - v4 - 07-25-17;7/25/2017;mdt Page 18 TABLE A-4 SUMMARY OF GENERAL FUND EXPENDITURES CYPRESS RIDGE CITY OF TEMECULA I. Expenditures Included in Analysis City Council Community Support Mid -Year FY 16-17 Adjusted General Net After Deduction Fund Expenditures of Program Revenues FY 2016-2017 (Table A-3) $453,000 $0 $453,000 $89,000 $0 City Manager City Manager $1,406,000 Economic Development $1,009,000 Human Resources $777,000 Emergency Management $137,000 Total General Government $3,329,000 City Clerk City Attorney $89,000 $0 $3,329,000 $1,215,000 $0 $1,215,000 $736,000 $0 Finance Finance $2,332,000 Animal Control $463,000 Total Finance $2,795,000 $736,000 $0 Community Development Planning $2,113,000 Building & Safety $2 495 000 Total Community Development $4,608,000 Public Works Land Development Public Works Total Public Works Public Works Parks & Maintenance $2,795,000 ($2,095,000) $1,561,000 $5,773,000 $7,333,000 $2,513,000 ($994,000) $6,339,000 $3,637,000 ($51,000) Total Public Works $3,586,000 Fire Property Tax Administration KMA Modifications to Mid -Year FY 16-17 Adjusted General Fund Net After Deduction Expenditures of Program Revenues FY 2016-2017 (Table A-3) $453,000 $0 Comments $453,000 projected based on population and employment $89,000 $0 $89,000 projected based on population and employment $3,329,000 $0 $3,329,000 projected based on population and employment $1,215,000 $0 $1,215,000 projected based on population and employment $736,000 $0 $736,000 projected based on population and employment $2,795,000 $0 $4,608,000 $2,795,000 projected based on population and employment ($2,095,000) $7,333,000 $2,513,000 projected based on population and employment ($994,000) $6,339,000 projected based on population and employment $3,637,000 ($51,000) $3,586,000 projected based on population and employment $6,088,000 ($952,000) $6,088,000 ($952,000) $5,136,000 $5,136,000 projected based on population and employment $78,000 $0 $78,000 $0 $78,000 $78,000 Recreation Funding Recreation Funding $4,273,000 Library Funding $550,000 Total Recreation Funding $4,823,000 $6,200,000 $4,823,000 $6,200,000 (1) $1,554,000 $0 $1,554,000 $0 Retiree Medical Contribution PERS Replacement Benefit Total Included Items Add: Asset Management Fund $1,554,000 $1,554,000 $81,000 $0 $81,000 $0 $81,000 $81,000 $36,819,000 $32,727,000 $38,196,000 $34,104,000 $0 $6,000,000 $0 $6,000,000 (1) Grand Total Included Items $36,819,000 $32,727,000 $44,196,000 $40,104,000 II. Excluded Items Police Service Level B Funding CIP Administration Classification Plan Stipend (Non -GF) 2011 Financing Lease - 2001 & 2008 COPs PHS/Medicine Sales Tax Sharing Separation CAL Payout Total Excluded Items $28,830,000 (2) $331,000 $2,442,000 $250,000 $2,140,000 $454,000 $230,000 $34,677,000 $34,677,000 $34,677,000 $34,677,000 III. Total General Fund Expenditures $71,496,000 $67,404,000 $78,873,000 $74,781,000 (1) KMA adjustment for Measure S -related expenditures per City of Temecula, Finance Department, May 2017. (2) Police expenditures included in analysis use alternative method than General Fund to reflect project pro rata share of one new police officer per 1,000 population. See Table B-12. Source: City of Temecula, Fiscal Year 2016-17 Mid -Year Budget Adjustment. Prepared by: Keyser Marston Associates Inc. Filename is\Cypress Ridge - FIA - v4 - 07-25-17;7/25/2017; mdt Page 19 APPENDIX B FISCAL IMPACT ANALYSIS CYPRESS RIDGE 20 -Year Projection TABLE B-1 SUMMARY OF ANNUAL GENERAL FUND IMPACT GENERATED BY PROJECT CYPRESS RIDGE CITY OF TEMECULA Fiscal Year General Fund Revenues General Fund Expenditures Recurring Surplus/(Deficit) Per Unit Absorbed to Date Revenues to Expenditures Ratio 2018 $102,000 $122,000 ($20,000) ($278) 0.84 2019 $287,000 $366,000 ($79,000) ($382) 0.78 2020 $328,000 $446,000 ($118,000) ($482) 0.74 2021 $343,000 $467,000 ($124,000) ($506) 0.73 2022 $355,000 $488,000 ($133,000) ($543) 0.73 2023 $364,000 $504,000 ($140,000) ($571) 0.72 2024 $372,000 $521,000 ($149,000) ($608) 0.71 2025 $387,000 $539,000 ($152,000) ($620) 0.72 2026 $395,000 $557,000 ($162,000) ($661) 0.71 2027 $404,000 $576,000 ($172,000) ($702) 0.70 2028 $413,000 $595,000 ($182,000) ($743) 0.69 2029 $422,000 $615,000 ($193,000) ($788) 0.69 2030 $431,000 $636,000 ($205,000) ($837) 0.68 2031 $441,000 $658,000 ($217,000) ($886) 0.67 2032 $451,000 $680,000 ($229,000) ($935) 0.66 2033 $461,000 $703,000 ($242,000) ($988) 0.66 2034 $471,000 $727,000 ($256,000) ($1,045) 0.65 2035 $481,000 $752,000 ($271,000) ($1,106) 0.64 2036 $492,000 $778,000 ($286,000) ($1,167) 0.63 2037 $504,000 $804,000 ($300,000) ($1,224) 0.63 Prepared by: Keyser Marston Associates, Inc. Filename i:\Cypress Ridge - FIA - v4 - 07-25-17;7/25/2017;mdt Page 20 TABLE B-2 PROJECT DESCRIPTION CYPRESS RIDGE CITY OF TEMECULA I. Land Area Gross 22.73 Acres Net 20.18 Acres II. Unit Mix A. Detached Cluster Plan A Plan B Plan C Total Detached Cluster B. Attached Cluster Plan A Plan B Plan C Plan D Total Attached Cluster C. Duplex/Triplex Duplex A Triplex A Triplex B Triplex C Total Duplex/Triplex D. Total Units III. Number of Stories IV. Construction Type V. Density VI. Parking 27 Units 24 Units 28 Units 79 Units 16 Units 16 Units 16 Units 15 Units 63 Units 52 Units 17 Units 17 Units 17 Units 103 Units 245 Units 2 - 3 Stories Type V 12.1 Units/Net Acre Covered 490 Spaces Un -Covered 130 Spaces Total Spaces 620 Spaces Parking Ratio 2.5 Spaces/Unit Source: City of Temecula 2,243 SF 1,947 SF 2.364 SF 2,196 SF 1,575 SF 1,864 SF 1,822 SF 1,636 SF 1,726 SF 1,498 SF 1,582 SF 1,374 SF 1,535 SF 1,498 SF 1,781 SF Prepared by: Keyser Marston Associates Inc. Filename is\Cypress Ridge - FIA - v4 - 07-25-17;7/25/2017;mdt Page 21 TABLE B-3 ANNUAL RESIDENTIAL ABSORPTION (1) CYPRESS RIDGE CITY OF TEMECULA Total at Buildout FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 I. Detached Cluster 79 Units 24 48 7 0 0 0 0 0 0 0 Cumulative 24 72 79 79 79 79 79 79 79 79 II. Attached Cluster 63 Units 24 39 0 0 0 0 0 0 0 0 Cumulative 24 63 63 63 63 63 63 63 63 63 III. Duplex/Triplex Cumulative 103 Units 24 48 31 24 72 103 0 103 0 103 0 103 0 103 0 103 0 103 0 103 IV. Total Residential 245 Units 72 135 38 0 0 0 0 0 0 0 Cumulative 72 207 245 245 245 245 245 245 245 245 (1) Assumes first closing to occur during first quarter 2018. Four homes homes sold per month per product type, or 12 homes per month through December 2020. Source: City of Temecula, November 2, 2016. Prepared by: Keyser Marston Associates, Inc. Filename: i:/Cypress Ridge - FIA - v4 - 07-25-17;7/25/2017;mdt Page 22 TABLE B-4 POPULATION ESTIMATES CYPRESS RIDGE CITY OF TEMECULA I. Detached Cluster Population Total at Vacancy Factor Build -out Factor per Unit 79 Units 5.0% 3.50 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 80 239 263 263 263 263 263 263 263 263 II. Attached Cluster 63 Units 5.0% 3.00 68 180 180 180 180 180 180 180 180 180 III. Duplex/Triplex 103 Units 5.0% 2.50 57 171 245 245 245 245 245 245 245 245 IV. Total Residential Population 245 Units 205 590 688 688 688 688 688 688 688 688 Prepared by: Keyser Marston Associates, Inc. Filename: i:/Cypress Ridge - FIA - v4 - 07-25-17;7/25/2017;mdt Page 23 TABLE B-5 ANNUAL ASSESSED VALUE (1) CYPRESS RIDGE CITY OF TEMECULA Price per Unit 1. Detached Cluster $443,000 4 5 6 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 $n,163,600 $34,830,432 $39,116,836 $39,899,172 $40,697,156 $41,511,099 $42,341,321 $43,188,147 $44,051,910 $44,932,949 II. Attached Cluster $355,000 $8,946,000 $24,389,033 $24,876,813 $25,374,349 $25,881,836 $26,399,473 $26,927,463 $27,466,012 $28,015,332 $28,575,639 III. Duplex/Triplex $359,000 $9,046,800 $28,226,016 $41,673,745 $42,507,220 $43,357,364 $44,224,512 $45,109,002 $46,011,182 $46,931,405 $47,870,034 IV. Total Assessed Value $29,156,400 $87,445,481 $105,667,394 $107,780,742 $109,936,357 $112,135,084 $114,377,785 $116,665,341 $118,998,648 $121,378,621 (1) Assessed Value inflation rate based on 5.0% per year up to Project build -out. After Project build -out assessed value inflation reduced to 2.0%. Prepared by: Keyser Marston Associates, Inc. Filename: is/Cypress Ridge - FIA - v4 - 07-25-17;7/25/2017;mdt Page 24 TABLE B-5 ANNUAL ASSESSED VALUE (1) CYPRESS RIDGE CITY OF TEMECULA Price per Unit 1. Detached Cluster $443,000 14 20 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 FY 2034 FY 2035 FY 2036 FY 2037 $45,831,608 $46,748,240 $47,683,205 $48,636,869 $49,609,606 $50,601,798 $51,613,834 $52,646,111 $53,699,033 $54,773,014 II. Attached Cluster $355,000 $29,147,151 $29,730,095 $30,324,696 $30,931,190 $31,549,814 $32,180,810 $32,824,427 $33,480,915 $34,150,533 $34,833,544 III. Duplex/Triplex $359,000 $48,827,434 $49,803,983 $50,800,063 $51,816,064 $52,852,385 $53,909,433 $54,987,621 $56,087,374 $57,209,121 $58,353,304 IV. Total Assessed Value $123,806,193 $126,282,317 $128,807,963 $131,384,123 $134,011,805 $136,692,041 $139,425,882 $142,214,400 $145,058,688 $147,959,862 (1) Assessed Value inflation rate based on 5.0% per yearup to Project build -out. After Project build -out assessed value inflation reduced to 2.0%. Prepared by: Keyser Marston Associates, Inc. Filename: is/Cypress Ridge - FIA - v4 - 07-25-17;7/25/2017;mdt Page 25 TABLE B-6 ANNUAL RECURRING REVENUES - PROPERTY TAXES CYPRESS RIDGE CITY OF TEMECULA Property Tax Levy City Portion 1.1% 5.64% I. Detached Cluster FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 $6,925 $21,605 $24,264 $24,749 $25,244 $25,749 $26,264 $26,789 $27,325 $27,871 II. Attached Cluster $5,549 $15,128 $15,431 $15,739 $16,054 $16,375 $16,703 $17,037 $17,378 $17,725 III. Duplex/Triplex $5,612 $17,508 $25,850 $26,367 $26,894 $27,432 $27,981 $28,540 $29,111 $29,693 IV. Total Property Tax to City $18,085 $54,242 $65,544 $66,855 $68,192 $69,556 $70,947 $72,366 $73,814 $75,290 Prepared by: Keyser Marston Associates, Inc. Filename: i:/Cypress Ridge - FIA - v4 - 07-25-17;7/25/2017;mdt Page 26 TABLE B-6 ANNUAL RECURRING REVENUES - PROPERTY TAXES CYPRESS RIDGE CITY OF TEMECULA Property Tax Levy City Portion 1.1% 5.64% I. Detached Cluster FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 FY 2034 FY 2035 FY 2036 FY 2037 $28,429 $28,997 $29,577 $30,169 $30,772 $31,388 $32,016 $32,656 $33,309 $33,975 II. Attached Cluster $18,080 $18,441 $18,810 $19,186 $19,570 $19,961 $20,361 $20,768 $21,183 $21,607 III. Duplex/Triplex $30,287 $30,893 $31,511 $32,141 $32,784 $33,439 $34,108 $34,790 $35,486 $36,196 IV. Total Property Tax to City $76,796 $78,332 $79,898 $81,496 $83,126 $84,789 $86,484 $88,214 $89,978 $91,778 Prepared by: Keyser Marston Associates, Inc. Filename: i:/Cypress Ridge - FIA - v4 - 07-25-17;7/25/2017;mdt Page 27 TABLE B-7 ANNUAL RECURRING REVENUES - PROPERTY TAX IN -LIEU OF VLF CYPRESS RIDGE CITY OF TEMECULA License Fee (1) $0.5636 (per $1,000 in AV Growth) I. Detached Cluster 3 4 5 6 8 9 10 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 $6,292 $19,632 $22,048 $22,488 $22,938 $23,397 $23,865 $24,342 $24,829 $25,326 II. Attached Cluster $5,042 $13,746 $14,021 $14,302 $14,588 $14,880 $15,177 $15,481 $15,790 $16,106 III. Duplex/Triplex $5,099 $15,909 $23,489 $23,958 $24,438 $24,926 $25,425 $25,933 $26,452 $26,981 IV. Total Property Tax In -Lieu of VLF to City $16,434 $49,287 $59,558 $60,749 $61,964 $63,203 $64,467 $65,756 $67,072 $68,413 (1) Source: California State Controller's Office. Prepared by: Keyser Marston Associates, Inc. Filename: is/Cypress Ridge -FIA -v4-07-25-17;7/25/2017;mdt Page 28 TABLE B-7 ANNUAL RECURRING REVENUES - PROPERTY TAX IN -LIEU OF VLF CYPRESS RIDGE CITY OF TEMECULA License Fee (1) $0.5636 (per $1,000 in AV Growth) I. Detached Cluster 11 12 13 14 15 16 18 19 20 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 FY 2034 FY 2035 FY 2036 FY 2037 $25,832 $26,349 $26,876 $27,413 $27,962 $28,521 $29,091 $29,673 $30,267 $30,872 II. Attached Cluster $16,428 $16,757 $17,092 $17,434 $17,783 $18,138 $18,501 $18,871 $19,248 $19,633 III. Duplex/Triplex $27,521 $28,071 $28,633 $29,205 $29,789 $30,385 $30,993 $31,613 $32,245 $32,890 IV. Total Property Tax In -Lieu of VLF to City $69,781 $71,177 $72,600 $74,052 $75,533 $77,044 $78,585 $80,157 $81,760 $83,395 (1) Source: California State Controller's Office. Prepared by: Keyser Marston Associates, Inc. Filename: is/Cypress Ridge -FIA -v4-07-25-17;7/25/2017;mdt Page 29 TABLE B-8 ANNUAL RECURRING REVENUES - PROPERTY TRANSFER TAXES CYPRESS RIDGE CITY OF TEMECULA Transfer Tax (per $500) $0.55 City Share of Transfer Tax 50% Turnover Rate (Residential) 10% Turnover Rate (Retail) 5% I. Detached Cluster II. Attached Cluster III. Duplex/Triplex 9 10 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 $6,140 $12,894 $2,151 $2,194 $2,238 $2,283 $2,329 $2,375 $2,423 $2,471 $4,920 $8,395 $1,368 $1,396 $1,424 $1,452 $1,481 $1,511 $1,541 $1,572 $4,976 $10,449 $7,086 $2,338 $2,385 $2,432 $2,481 $2,531 $2,581 $2,633 V. Total Property Transfer Tax to City $16,036 $31,738 $10,605 $5,928 $6,046 $6,167 $6,291 $6,417 $6,545 $6,676 Prepared by: Keyser Marston Associates, Inc. Filename: i:/Cypress Ridge - FIA - v4 - 07-25-17;7/25/2017;mdt Page 30 TABLE B-8 ANNUAL RECURRING REVENUES - PROPERTY 1RANSFER TAXES CYPRESS RIDGE CITY OF TEMECULA Transfer Tax (per $500) $0.55 City Share of Transfer Tax 50% Turnover Rate (Residential) 10% Turnover Rate (Retail) 5% 1. Detached Cluster FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 FY 2034 FY 2035 FY 2036 FY 2037 $2,521 $2,571 $2,623 $2,675 $2,729 $2,783 $2,839 $2,896 $2,953 $3,013 11. Attached Cluster $1,603 $1,635 $1,668 $1,701 $1,735 $1,770 $1,805 $1,841 $1,878 $1,916 III. Duplex/Triplex $2,686 $2,739 $2,794 $2,850 $2,907 $2,965 $3,024 $3,085 $3,147 $3,209 V. Total Property Transfer Tax to City $6,809 $6,946 $7,084 $7,226 $7,371 $7,518 $7,668 $7,822 $7,978 $8,138 Prepared by: Keyser Marston Associates, Inc. Filename: i:/Cypress Ridge - FIA - v4 - 07-25-17;7/25/2017;mdt Page 31 Taxable Spending by Residents 33.5% Temecula Spending Capture 80% City Portion of Sales Tax 1.0% Estimate of Measure 5 - Effective Revenues 1.0% TABLE B-9 ANNUAL RECURRING REVENUES - SALES TAX/RESIDENTIAL SPENDING (11(2) CYPRESS RIDGE CITY OF TEMECULA I. Detached Cluster II. Attached Cluster III. Duplex/Triplex IIV. Total Residential Spending 2 3 4 5 6 7 8 9 10 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 $11,537 $35,901 $44,043 $49,630 $51,719 $53,083 $54,410 $58,094 $59,546 $61,035 $9,409 $25,619 $28,644 $32,513 $34,393 $35,300 $36,182 $38,632 $39,598 $40,588 $9,521 $29,627 $47,388 $53,788 $57,420 $60,036 $61,991 $66,188 $67,843 $69,539 $30,468 $91,148 $120,074 $135,931 $143,531 $148,418 $152,583 $162,914 $166,987 $171,162 Allocation of Measure 5 Revenues to General Fund (3) 66% 64% 74% 89% 92% 92% 92% 100% 100% 100%1 (1) Assumes an escalation factor of 5.0%. Escalation is reduced after Year 8 to 2.5%. (2) Includes Project -generated Measure S revenues. (3) Source: City of Temecula, May 2017. Prepared by: Keyser Marston Associates, Inc. Filename: i:/Cypress Ridge - FIA - v4 - 07-25-17;7/25/2017;mdt Page 32 Taxable Spending by Residents 33.5% Temecula Spending Capture 80% City Portion of Sales Tax 1.0% Estimate of Measure 5 - Effective Revenues 1.0% TABLE B-9 ANNUAL RECURRING REVENUES - SALES TAX/RESIDENTIAL SPENDING (1' I(2) CYPRESS RIDGE CITY OF TEMECULA I. Detached Cluster FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 FY 2034 FY 2035 FY 2036 FY 2037 $62,561 $64,125 $65,728 $67,371 $69,055 $70,782 $72,551 $74,365 $76,224 $78,130 II. Attached Cluster $41,602 $42,642 $43,708 $44,801 $45,921 $47,069 $48,246 $49,452 $50,688 $51,956 III. Duplex/Triplex IIV. Total Residential Spending $71,278 $73,060 $74,886 $76,758 $78,677 $80,644 $82,660 $84,727 $86,845 $89,921 $175,441 $179,827 $184,322 $188,930 $193,654 $198,495 $203,457 $208,544 $213,757 $220,007 Allocation of Measure 5 Revenues to General Fund (3) 100% 100% 100% 100% 100% 100% 100% 100% 100% 100%; (1) Assumes an escalation factor of 5.0%. Escalation is reduced after Year 8 to 2.5%. (2) Includes Project -generated Measure S revenues. (3) Source: City of Temecula, May 2017. Prepared by: Keyser Marston Associates, Inc. Filename: i:/Cypress Ridge - FIA - v4 - 07-25-17;7/25/2017;mdt Page 33 TABLE B-10 SPECIAL TAX (MEASURE C) REVENUE CYPRESS RIDGE CITY OF TEMECULA Special Tax (Measure C) Single Family $74.44 per EDU $74.44 /Parcel I. Detached Cluster 79 units FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 $1,787 $5,360 $5,881 $5,881 $5,881 $5,881 $5,881 $5,881 $5,881 $5,881 II. Attached Cluster 63 units $1,787 $4,690 $4,690 $4,690 $4,690 $4,690 $4,690 $4,690 $4,690 $4,690 III. Duplex/Triplex 103 units $1,787 $5,360 $7,667 $7,667 $7,667 $7,667 $7,667 $7,667 $7,667 $7,667 IV. Total Special Tax (Measure C) 245 units $5,360 $15,409 $18,238 $18,238 $18,238 $18,238 $18,238 $18,238 $18,238 $18,238 Prepared by: Keyser Marston Associates, Inc. Filename: is/Cypress Ridge - FIA - v4 - 07-25-17;7/25/2017;mdt Page 34 TABLE B-10 SPECIAL TAX (MEASURE C) REVENUE CYPRESS RIDGE CITY OF TEMECULA Special Tax (Measure C) Single Family $74.44 per EDU $74.44 /Parcel I. Detached Cluster 79 units FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 FY 2034 FY 2035 FY 2036 FY 2037 $5,881 $5,881 $5,881 $5,881 $5,881 $5,881 $5,881 $5,881 $5,881 $5,881 II. Attached Cluster 63 units $4,690 $4,690 $4,690 $4,690 $4,690 $4,690 $4,690 $4,690 $4,690 $4,690 III. Duplex/Triplex 103 units $7,667 $7,667 $7,667 $7,667 $7,667 $7,667 $7,667 $7,667 $7,667 $7,667 IV. Total Special Tax (Measure C) 245 units $18,238 $18,238 $18,238 $18,238 $18,238 $18,238 $18,238 $18,238 $18,238 $18,238 Prepared by: Keyser Marston Associates, Inc. Filename: is/Cypress Ridge - FIA - v4 - 07-25-17;7/25/2017;mdt Page 35 TABLE B-11 ANNUAL GENERAL FUND REVENUES CYPRESS RIDGE CITY OF TEMECULA FY 2017 Budget: Amount Per Resident or Resident Service Equivalent (1) Population FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 I. Total Residential Population 11. Total Resident Equivalents 111. Other Annual General Fund Revenues 205 590 688 688 688 688 688 688 688 688 205 590 688 688 688 688 688 688 688 688 Franchise Fees $28.06 RE $5,896 $17,392 $20,788 $21,307 $21,840 $22,386 $22,946 $23,519 $24,107 $24,710 Gas Tax Fund $18.67 P $3,923 $11,574 $13,834 $14,180 $14,534 $14,898 $15,270 $15,652 $16,043 $16,444 Capital Improvement Program $16.98 RE $3,569 $10,527 $12,583 $12,898 $13,220 $13,550 $13,889 $14,236 $14,592 $14,957 Fines and Forfeitures $4.29 RE $901 $2,657 $3,176 $3,256 $3,337 $3,420 $3,506 $3,594 $3,683 $3,776 Licenses and Permits $2.41 RE $506 $1,491 $1,783 $1,827 $1,873 $1,920 $1,968 $2,017 $2,067 $2,119 Law Enforcement Fund $1.71 RE $359 $1,059 $1,266 $1,297 $1,330 $1,363 $1,397 $1,432 $1,468 $1,505 Vehicle License Fees $0.44 P $93 $274 $327 $335 $344 $352 $361 $370 $379 $389 Miscellaneous Revenue $0.33 RE $69 $204 $244 $250 $256 $263 $269 $276 $283 $290 Intern Fellow Fund $0.07 RE $15 $44 $52 $54 $55 $56 $58 $59 $61 $62 IV. Total Other Revenues $15,330 $45,222 $54,052 $55,404 $56,789 $58,208 $59,664 $61,155 $62,684 $64,251 (1) Assumes escalation factor of 2.5%. Legend: RE - Resident Equivalent P - Population Prepared by: Keyser Marston Associates, Inc. Filename: i:/Cypress Ridge - FIA - v4 - 07-25-17;7/25/2017;mdt Page 36 TABLE B-11 ANNUAL GENERAL FUND REVENUES CYPRESS RIDGE CITY OF TEMECULA FY 2017 Budget: Amount Per Resident or Resident Service Equivalent (1) Population 16 18 19 20 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 FY 2034 FY 2035 FY 2036 FY 2037 I. Total Residential Population II. Total Resident Equivalents III. Other Annual General Fund Revenues 688 688 688 688 688 688 688 688 688 688 688 688 688 688 688 688 688 688 688 688 Franchise Fees $28.06 RE $25,328 $25,961 $26,610 $27,275 $27,957 $28,656 $29,372 $30,107 $30,859 $31,616 Gas Tax Fund $18.67 P $16,855 $17,277 $17,708 $18,151 $18,605 $19,070 $19,547 $20,036 $20,536 $21,040 Capital Improvement Program $16.98 RE $15,331 $15,714 $16,107 $16,510 $16,923 $17,346 $17,779 $18,224 $18,679 $19,137 Fines and Forfeitures $4.29 RE $3,870 $3,967 $4,066 $4,167 $4,272 $4,378 $4,488 $4,600 $4,715 $4,831 Licenses and Permits $2.41 RE $2,172 $2,226 $2,282 $2,339 $2,397 $2,457 $2,519 $2,582 $2,646 $2,711 Law Enforcement Fund $1.71 RE $1,542 $1,581 $1,620 $1,661 $1,702 $1,745 $1,789 $1,833 $1,879 $1,925 Vehicle License Fees $0.44 P $398 $408 $419 $429 $440 $451 $462 $474 $485 $497 Miscellaneous Revenue $0.33 RE $297 $305 $312 $320 $328 $336 $345 $353 $362 $371 Intern Fellow Fund $0.07 RE $64 $65 $67 $69 $70 $72 $74 $76 $78 $79 IV. Total Other Revenues $65,857 $67,504 $69,191 $70,921 $72,694 $74,512 $76,374 $78,284 $80,241 $82,208 (1) Assumes escalation factor of 2.5%. Prepared by: Keyser Marston Associates, Inc. Filename: i:/Cypress Ridge - FIA - v4 - 07-25-17;7/25/2017;mdt Page 37 TABLE B-12 ANNUAL GENERAL FUND EXPENDITURES CYPRESS RIDGE CITY OF TEMECULA I. Total Residential Population II. Total Resident Equivalents III. Annual General Fund Expenditures Police Recreation Funding Asset Management Fund Public Works - Land Development, Public Works, etc. Fire Public Works - Parks & Maintenance City Manager Community Development Finance Retiree Medical Contribution City Clerk City Attorney Animal Control City Council Community Support PERS Replacement Benefit Property Tax Administration FY 2017 Budget: Amount Per "Marginal Resident Annual Cost" or Resident Escalation Impact Service Equivalent Rate(1) Adjustment Population FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 205 590 688 688 688 688 688 688 688 688 205 590 688 688 688 688 688 688 688 688 $300.00 (2) 6.00% (3) 5.0% P 561,931 $188,933 $233,534 $247,546 $262,399 $272,895 $283,811 $295,163 $306,970 $319,249 $55.84 3.00% 20.0% P $9,433 $27,963 $33,587 $34,594 $35,632 $36,701 $37,802 $38,936 $40,104 $41,307 $54.04 2.00% 0.0% RE $11,300 $33,173 $39,457 $40,246 $41,051 $41,872 $42,709 $43,564 $44,435 $45,324 $49.68 2.50% 10.0% RE $9,395 $27,716 $33,127 $33,956 $34,804 $35,675 $36,566 $37,481 $38,418 $39,378 $40.25 5.00% (4) 5.0% RE $8,231 $24,874 $30,456 $31,978 $33,577 $34,585 $35,622 $36,691 $37,792 $38,925 $32.30 2.50% 10.0% P $6,108 $18,019 $21,538 $22,076 $22,628 $23,194 $23,773 $24,368 $24,977 $25,601 $26.09 2.50% 40.0% RE $3,289 $9,703 $11,598 $11,888 $12,185 $12,490 $12,802 $13,122 $13,450 $13,787 $19.69 2.75% 20.0% RE $3,319 $9,814 $11,759 $12,083 $12,415 $12,756 $13,107 $13,468 $13,838 $14,218 $18.28 2.75% 30.0% RE $2,695 $7,969 $9,548 $9,811 $10,081 $10,358 $10,643 $10,935 $11,236 $11,545 $12.18 3.00% 0.0% RE $2,572 $7,623 $9,156 $9,431 $9,714 $10,005 $10,305 $10,615 $10,933 $11,261 $9.52 3.00% 30.0% RE $1,407 $4,172 $5,011 $5,161 $5,316 $5,476 $5,640 $5,809 $5,984 $6,163 $5.77 2.00% 40.0% RE $724 $2,124 $2,527 $2,577 $2,629 $2,682 $2,735 $2,790 $2,846 $2,903 $3.63 1.00% 10.0% RE $676 $1,966 $2,315 $2,338 $2,361 $2,385 $2,409 $2,433 $2,457 $2,482 $3.55 2.75% 40.0% RE $449 $1,327 $1,590 $1,634 $1,678 $1,725 $1,772 $1,821 $1,871 $1,922 $0.70 2.00% 20.0% RE $117 $343 $407 $416 $424 $432 $441 $450 $459 $468 $0.63 3.00% 0.0% RE $134 $397 $477 $492 $506 $522 $537 $553 $570 $587 $0.61 3.00% 30.0% RE SI 5268 5322 5331 5341 5352 5362 5373 5384 5396 IV. Total General Fund Expenditures $121,870 $366,386 $446,409 $466,558 $487,743 $504,103 $521,038 $538,571 $556,723 $575,516 (1) Escalation factors per City of Temecula Finance Department. (2) Reflects Project pro rata share of one new police officer ($300,000) per 1,000 population. (3) Reflects escalation factor for first 5 years; escalation is reduced to 4.0% beginning in Year 6. (4) Reflects escalation factor for first 5 years; escalation is reduced to 3.0% beginning in Year 6. Legend; RE - Resident Equivalent Prepared by: Keyser Marston Associates, Inc. Filename: is/Cypress Ridge -FIA -v4-07-25-17;7/25/2017;mdt Page 38 TABLE B-12 ANNUAL GENERAL FUND EXPENDITURES CYPRESS RIDGE CITY OF TEMECULA I. Total Residential Population II. Total Resident Equivalents III. Annual General Fund Expenditures Police Recreation Funding Asset Management Fund Public Works - Land Development, Public Works, etc. Fire Public Works - Parks & Maintenance City Manager Community Development Finance Retiree Medical Contribution City Clerk City Attorney Animal Control City Council Community Support PERS Replacement Benefit Property Tax Administration FY 2017 Budget: Amount Per "Marginal Resident Annual Cost" or Resident Escalation Impact Service Equivalent Rate(1) Adjustment Population 14 15 16 17 20 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 FY 2034 FY 2035 FY 2036 FY 2037 688 688 688 688 688 688 688 688 688 688 688 688 688 688 688 688 688 688 688 688 $300.00 (2) 6.00% (3) 5.0% P $332,019 $345,300 $359,112 $373,476 $388,415 $403,952 $420,110 $436,914 $454,391 $472,343 $55.84 3.00% 20.0% P $42,546 $43,823 $45,137 $46,492 $47,886 $49,323 $50,803 $52,327 $53,896 $55,487 $54.04 2.00% 0.0% RE $46,230 $47,155 $48,098 $49,060 $50,041 $51,042 $52,063 $53,104 $54,166 $55,223 $49.68 2.50% 10.0% RE $40,362 $41,371 $42,406 $43,466 $44,553 $45,666 $46,808 $47,978 $49,178 $50,383 $40.25 5.00% (4) 5.0% RE $40,093 $41,296 $42,535 $43,811 $45,125 $46,479 $47,873 $49,310 $50,789 $52,288 $32.30 2.50% 10.0% P $26,241 $26,897 $27,570 $28,259 $28,966 $29,690 $30,432 $31,193 $31,973 $32,756 $26.09 2.50% 40.0% RE $14,131 $14,484 $14,847 $15,218 $15,598 $15,988 $16,388 $16,798 $17,217 $17,640 $19.69 2.75% 20.0% RE $14,609 $15,011 $15,424 $15,848 $16,284 $16,732 $17,192 $17,665 $18,151 $18,641 $18.28 2.75% 30.0% RE $11,863 $12,189 $12,524 $12,868 $13,222 $13,586 $13,959 $14,343 $14,738 $15,136 $12.18 3.00% 0.0% RE $11,599 $11,947 $12,305 $12,674 $13,055 $13,446 $13,850 $14,265 $14,693 $15,127 $9.52 3.00% 30.0% RE $6,348 $6,538 $6,735 $6,937 $7,145 $7,359 $7,580 $7,807 $8,041 $8,279 $5.77 2.00% 40.0% RE $2,961 $3,020 $3,080 $3,142 $3,205 $3,269 $3,334 $3,401 $3,469 $3,537 $3.63 1.00% 10.0% RE $2,507 $2,532 $2,557 $2,583 $2,609 $2,635 $2,661 $2,688 $2,714 $2,740 $3.55 2.75% 40.0% RE $1,975 $2,029 $2,085 $2,143 $2,202 $2,262 $2,324 $2,388 $2,454 $2,520 $0.70 2.00% 20.0% RE $477 $487 $497 $507 $517 $527 $538 $548 $559 $570 $0.63 3.00% 0.0% RE $605 $623 $641 $661 $680 $701 $722 $744 $766 $788 $0.61 3.00% 30.0% RE 5408 5420 5432 5445 5459 5472 5487 5501 5516 5531 IV. Total General Fund Expenditures $594,974 $615,122 $635,985 $657,588 $679,960 $703,128 $727,122 $751,973 $777,711 $803,990 (1) Escalation factors per City of Temecula Finance Department. (2) Reflects Project pro rata share of one new police officer ($300,000) per 1,000 population. (3) Reflects escalation factor for first 5 years; escalation is reduced to 4.0% beginning in Year 6. (4) Reflects escalation factor for first 5 years; escalation is reduced to 3.0% beginning in Year 6. Prepared by: Keyser Marston Associates, Inc. Filename: is/Cypress Ridge -FIA -v4-07-25-17;7/25/2017;mdt Page 39 TABLE B-13 ANNUAL GENERAL FUND IMPACT CYPRESS RIDGE CITY OF TEMECULA 1 2 3 4 5 3 9 10 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 I. Annual General Fund Revenues Sales Tax - Residential Spending (1) Property Tax PropertyTax in -lieu of VLF Property Transfer Tax Franchise Fees Special Tax (Measure C) Gas Tax Fund Capital Improvement Program Fines and Forfeitures Licenses and Permits Law Enforcement Fund Miscellaneous Revenue Vehicle License Fees Intern Fellow Fund II. Total Revenues $30,468 $91,148 $120,074 $135,931 $143,531 $148,418 $152,583 $162,914 $166,987 $171,162 $18,085 $54,242 $65,544 $66,855 $68,192 $69,556 $70,947 $72,366 $73,814 $75,290 $16,434 $49,287 $59,558 $60,749 $61,964 $63,203 $64,467 $65,756 $67,072 $68,413 $16,036 $31,738 $10,605 $5,928 $6,046 $6,167 $6,291 $6,417 $6,545 $6,676 $5,896 $17,392 $20,788 $21,307 $21,840 $22,386 $22,946 $23,519 $24,107 $24,710 $5,360 $15,409 $18,238 $18,238 $18,238 $18,238 $18,238 $18,238 $18,238 $18,238 $3,923 $11,574 $13,834 $14,180 $14,534 $14,898 $15,270 $15,652 $16,043 $16,444 $3,569 $10,527 $12,583 $12,898 $13,220 $13,550 $13,889 $14,236 $14,592 $14,957 $901 $2,657 $3,176 $3,256 $3,337 $3,420 $3,506 $3,594 $3,683 $3,776 $506 $1,491 $1,783 $1,827 $1,873 $1,920 $1,968 $2,017 $2,067 $2,119 $359 $1,059 $1,266 $1,297 $1,330 $1,363 $1,397 $1,432 $1,468 $1,505 $69 $204 $244 $250 $256 $263 $269 $276 $283 $290 $93 $274 $327 $335 $344 $352 $361 $370 $379 $389 $15 $44 $52 $54 $55 $56 $58 $59 $61 $62 $102,000 $287,000 $328,000 $343,000 $355,000 $364,000 $372,000 $387,000 $395,000 $404,000 III. Annual General Fund Expenditures Police Asset Management Fund Fire Public Works - Land Development, Public Works, etc. Recreation Funding Public Works - Parks & Maintenance Community Development City Manager Finance Retiree Medical Contribution City Clerk City Attorney Animal Control City Council PERS Replacement Benefit Community Support PropertyTax Administration IV. Total Expenditures $61,931 $188,933 $233,534 $247,546 $262,399 $272,895 $283,811 $295,163 $306,970 $319,249 $11,300 $33,173 $39,457 $40,246 $41,051 $41,872 $42,709 $43,564 $44,435 $45,324 $8,231 $24,874 $30,456 $31,978 $33,577 $34,585 $35,622 $36,691 $37,792 $38,925 $9,395 $27,716 $33,127 $33,956 $34,804 $35,675 $36,566 $37,481 $38,418 $39,378 $9,433 $27,963 $33,587 $34,594 $35,632 $36,701 $37,802 $38,936 $40,104 $41,307 $6,108 $18,019 $21,538 $22,076 $22,628 $23,194 $23,773 $24,368 $24,977 $25,601 $3,319 $9,814 $11,759 $12,083 $12,415 $12,756 $13,107 $13,468 $13,838 $14,218 $3,289 $9,703 $11,598 $11,888 $12,185 $12,490 $12,802 $13,122 $13,450 $13,787 $2,695 $7,969 $9,548 $9,811 $10,081 $10,358 $10,643 $10,935 $11,236 $11,545 $2,572 $7,623 $9,156 $9,431 $9,714 $10,005 $10,305 $10,615 $10,933 $11,261 $1,407 $4,172 $5,011 $5,161 $5,316 $5,476 $5,640 $5,809 $5,984 $6,163 $724 $2,124 $2,527 $2,577 $2,629 $2,682 $2,735 $2,790 $2,846 $2,903 $676 $1,966 $2,315 $2,338 $2,361 $2,385 $2,409 $2,433 $2,457 $2,482 $449 $1,327 $1,590 $1,634 $1,678 $1,725 $1,772 $1,821 $1,871 $1,922 $134 $397 $477 $492 $506 $522 $537 $553 $570 $587 $117 $343 $407 $416 $424 $432 $441 $450 $459 $468 $90 $268 $322 $331 $341 $352 $362 $373 $384 $396 $122,000 $366,000 $446,000 $467,000 $488,000 $504,000 $521,000 $539,000 $557,000 $576,000 V. Annual Recurring Surplus/(Deficit) Per Unit Per Year Revenues to Expenditure Ratio ($20,000) ($79,000) ($118,000) ($124,000) ($133,000) ($140,000) ($149,000) ($152,000) ($162,000) ($172,000) ($278) ($382) ($482) ($506) ($543) ($571) ($608) ($620) ($661) ($702) 0.84 0.78 0.74 0.73 0.73 0.72 0.71 0.72 0.71 0.70 (1) Includes Project -generated Measure 5 revenues. Prepared by: Keyser Marston Associates, Inc. Filename: is/Cypress Ridge - FIA - v4 - 07-25-17;7/25/2017;mdt Page 40 TABLE B-13 ANNUAL GENERAL FUND IMPACT CYPRESS RIDGE CITY OF TEMECULA 15 16 17 .9 20 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 FY 2034 FY 2035 FY 2036 FY 2037 I. Annual General Fund Revenues Sales Tax - Residential Spending (1) Property Tax PropertyTax in -lieu of VLF Property Transfer Tax Franchise Fees Special Tax (Measure C) Gas Tax Fund Capital Improvement Program Fines and Forfeitures Licenses and Permits Law Enforcement Fund Miscellaneous Revenue Vehicle License Fees Intern Fellow Fund II. Total Revenues $175,441 $179,827 $184,322 $188,930 $193,654 $198,495 $203,457 $208,544 $213,757 $220,007 $76,796 $78,332 $79,898 $81,496 $83,126 $84,789 $86,484 $88,214 $89,978 $91,778 $69,781 $71,177 $72,600 $74,052 $75,533 $77,044 $78,585 $80,157 $81,760 $83,395 $6,809 $6,946 $7,084 $7,226 $7,371 $7,518 $7,668 $7,822 $7,978 $8,138 $25,328 $25,961 $26,610 $27,275 $27,957 $28,656 $29,372 $30,107 $30,859 $31,616 $18,238 $18,238 $18,238 $18,238 $18,238 $18,238 $18,238 $18,238 $18,238 $18,238 $16,855 $17,277 $17,708 $18,151 $18,605 $19,070 $19,547 $20,036 $20,536 $21,040 $15,331 $15,714 $16,107 $16,510 $16,923 $17,346 $17,779 $18,224 $18,679 $19,137 $3,870 $3,967 $4,066 $4,167 $4,272 $4,378 $4,488 $4,600 $4,715 $4,831 $2,172 $2,226 $2,282 $2,339 $2,397 $2,457 $2,519 $2,582 $2,646 $2,711 $1,542 $1,581 $1,620 $1,661 $1,702 $1,745 $1,789 $1,833 $1,879 $1,925 $297 $305 $312 $320 $328 $336 $345 $353 $362 $371 $398 $408 $419 $429 $440 $451 $462 $474 $485 $497 $64 $65 $67 $69 $70 $72 $74 $76 $78 $79 $413,000 $422,000 $431,000 $441,000 $451,000 $461,000 $471,000 $481,000 $492,000 $504,000 III. Annual General Fund Expenditures Police Asset Management Fund Fire Public Works - Land Development, Public Works, etc. Recreation Funding Public Works - Parks & Maintenance Community Development City Manager Finance Retiree Medical Contribution City Clerk City Attorney Animal Control City Council PERS Replacement Benefit Community Support PropertyTax Administration IV. Total Expenditures $332,019 $345,300 $359,112 $373,476 $388,415 $403,952 $420,110 $436,914 $454,391 $472,343 $46,230 $47,155 $48,098 $49,060 $50,041 $51,042 $52,063 $53,104 $54,166 $55,223 $40,093 $41,296 $42,535 $43,811 $45,125 $46,479 $47,873 $49,310 $50,789 $52,288 $40,362 $41,371 $42,406 $43,466 $44,553 $45,666 $46,808 $47,978 $49,178 $50,383 $42,546 $43,823 $45,137 $46,492 $47,886 $49,323 $50,803 $52,327 $53,896 $55,487 $26,241 $26,897 $27,570 $28,259 $28,966 $29,690 $30,432 $31,193 $31,973 $32,756 $14,609 $15,011 $15,424 $15,848 $16,284 $16,732 $17,192 $17,665 $18,151 $18,641 $14,131 $14,484 $14,847 $15,218 $15,598 $15,988 $16,388 $16,798 $17,217 $17,640 $11,863 $12,189 $12,524 $12,868 $13,222 $13,586 $13,959 $14,343 $14,738 $15,136 $11,599 $11,947 $12,305 $12,674 $13,055 $13,446 $13,850 $14,265 $14,693 $15,127 $6,348 $6,538 $6,735 $6,937 $7,145 $7,359 $7,580 $7,807 $8,041 $8,279 $2,961 $3,020 $3,080 $3,142 $3,205 $3,269 $3,334 $3,401 $3,469 $3,537 $2,507 $2,532 $2,557 $2,583 $2,609 $2,635 $2,661 $2,688 $2,714 $2,740 $1,975 $2,029 $2,085 $2,143 $2,202 $2,262 $2,324 $2,388 $2,454 $2,520 $605 $623 $641 $661 $680 $701 $722 $744 $766 $788 $477 $487 $497 $507 $517 $527 $538 $548 $559 $570 $408 $420 $432 $445 $459 $472 $487 $501 $516 $531 $595,000 $615,000 $636,000 $658,000 $680,000 $703,000 $727,000 $752,000 $778,000 $804,000 V. Annual Recurring Surplus/(Deficit) Per Unit Per Year Revenues to Expenditure Ratio ($182,000) ($193,000) ($205,000) ($217,000) ($229,000) ($242,000) ($256,000) ($271,000) ($286,000) ($300,000) ($743) ($788) ($837) ($886) ($935) ($988) ($1,045) ($1,106) ($1,167) ($1,224) 0.69 0.69 0.68 0.67 0.66 0.66 0.65 0.64 0.63 0.63 (1) Includes Project -generated Measure 5 revenues. Prepared by: Keyser Marston Associates, Inc. Filename: is/Cypress Ridge - FIA - v4 - 07-25-17;7/25/2017;mdt Page 41 APPENDIX C FISCAL IMPACT ANALYSIS CYPRESS RIDGE At Build -Out (FY 2017 Dollars) TABLE C-1 ESTIMATE OF TOTAL POPULATION CYPRESS RIDGE CITY OF TEMECULA I. Residential Detached Cluster Attached Cluster Duplex/Triplex Total/Average Dwelling Units 79 Units 63 Units 103 Units 245 Units Vacancy Factor (1) 5.0% 5.0% 5.0% 5.0% Persons/Unit (2) 3.50 3.00 2.50 2.81 Total Resident Population 263 180 245 688 II. Total Population 688 (1) KMA assumption reflecting average vacancy rate, based on typical lender underwriting criteria for residential uses. (2) KMA assumption based on industry standard household size by unit type. Prepared by: Keyser Marston Associates Inc. Filename i:\Cypress Ridge - FIA - v4 - 07-25-17;7/25/2017;mdt Page 42 TABLE C-2 ESTIMATE OF ASSESSED VALUE CYPRESS RIDGE CITY OF TEMECULA I. Residential Units Price/Unit (1) For -Sale Detached Cluster Attached Cluster Duplex/Triplex Total For -Sale Add: View Premiums @ Grand Total For -Sale 0.0% 79 Units 63 Units 103 Units 245 Units 245 Units $443,205 $355,106 $359,467 $385,347 $385,347 FY 2017 Assessed Value $35,013,195 $22,371,678 $37,025,101 $94,409,974 $94,409,974 II. Grand Total Assessed Valuation $94,410,000 (1) Per Developer, November 2, 2016. Prepared by: Keyser Marston Associates Inc. Filename is\Cypress Ridge - FIA - v4 - 07-25-17;7/25/2017;mdt Page 43 TABLE C-3 ESTIMATE OF ANNUAL RECURRING REVENUES - PROPERTY TAXES AND PROPERTY TRANSFER TAX CYPRESS RIDGE CITY OF TEMECULA Annual Recurring Revenues I. Property Tax Estimated Value Property Tax Levy City Portion 5.64% $94,410,000 $1,038,510 $59,000 Total Property Tax to City $59,000 II. Property Tax in -lieu of VLF Estimated Value License Fee (per $1,000 in AV growth) $94,410,000 $0.5636 (1) Total Property Tax in -lieu of VLF $53,000 III. Property Transfer Tax Residential Property Valuation (FMV) - Residential Transfer Tax (per $500) Total Transfer Tax City Share of Transfer Tax 50.0% Turnover Rate (Residential) Net Transfer Tax - Residential $94,410,000 $0.55 $103,851 $51,926 10.0% $5,000 Total Property Transfer Tax $5,000 (1) Source: California State Controller's Office. Prepared by: Keyser Marston Associates Inc. Filename i:\Cypress Ridge - FIA - v4 - 07-25-17;7/25/2017;mdt Page 44 TABLE C-4 ESTIMATE OF ANNUAL RECURRING REVENUES - SPENDING BY RESIDENTS CYPRESS RIDGE CITY OF TEMECULA Detached Attached Duplex/ Cluster Cluster Triplex I. Estimate of Household Income Average Sales Price / Average Monthly Rent $443,205 $355,106 (Less) Down Payment 10% ($44,321) ($35,511) Loan Amount $398,885 $319,595 Interest Rate 5.25% 5.25% Term (Years) 30 30 Annual Mortgage Payment / Rent $26,432 $21,178 HOA Maintenance / Insurance Property Taxes/CFD Assessments Total Annual Costs of Income Spent on Housing Annual Income Required II. Number of Households Total Number of Residential Units Occupancy Rate Total Number of Full -Time Equivalent Households Total Household Income $200 /Month $2,400 $200 /Month $2,400 $200 /Month $50 /Month $600 $50 /Month $600 $50 /Month 1.5% $6,648 1.5% $5,327 1.5% $36,080 $29,504 35% $103,000 79 95% 75 $7,730,150 35% $84,000 63 95% 60 $5,027,400 $359,467 ($35,947) $323,520 5.25% 30 $21,438 $2,400 $600 $5,392 $29,830 35% $85,000 103 95% 98 $8,317,250 III. Aggregate Household Income $21,075,000 IV. Annual Spending by Households A. General Merchandise (2) Convenience Goods (3) Eating and Drinking Automotive Outlets Other Retail Stores (4) B. Total Spending C. Spending Captured in City of Temecula D. City Portion of Sales Tax @ E. Estimate of Measure S - Effective Revenues Measure S Revenues to General Fund @ Allocation of Household Income to Taxable Spending (1) 15.0% 10.0 3.0% 5.0% 0.5% 33.5% 80.0% 1.0% 1.0 74% (5) Estimated Annual Taxable Spending $ 3,161,000 $ 2,108,000 $632,000 $1,054,000 $105,000 $7,060,000 $5,648,000 $56,000 $56,000 $42,000 F. Total Sales Tax - Resident Spending $98,000 (1) KMA assumption, based on review of spending ratios in Southern California counties. (2) Includes Other Comparison Goods and Home Improvement. (3) Includes food and drug stores. (4) Includes second-hand merchandise; farm implement dealers; farm and garden supply stores; fuel and ice dealers; mobile homes; trailers and campers; and boat, motorcycle, and plane dealers. (5) Source: City of Temecula, May 2017. Reflects Measure S revenues allocated to the General Fund at the Project's build -out year (FY 2020). Prepared by: Keyser Marston Associates, Inc. Filename is \Cypress Ridge - FIA - v4 - 07-25-17;7/25/2017;mdt Page 45 TABLE C-5 SPECIAL TAX (MEASURE C) CYPRESS RIDGE CITY OF TEMECULA Special Tax (Measure C) $74.44 per Equivalent Dwelling Unit I. Residential - Developed Single -Family Multi -Family Total Residential 245 Parcels 0 Units EDU Factor $74.44 /Parcel 0.75 EDU per unit Total Special Tax Revenue $18,000 $18,000 II. Total Special Tax (Measure C) $18,000 Prepared by: Keyser Marston Associates Inc. Filename i:\Cypress Ridge - FIA - v4 - 07-25-17;7/25/2017;mdt Page 46 TABLE C-6 ESTIMATE OF ANNUAL RECURRING REVENUES - OTHER REVENUES CYPRESS RIDGE CITY OF TEMECULA Total Total Total Total Total Resident Population/ Resident Demographic Profile: Population Employment Equivalents (2) Jobs Equivalents (3) City of Temecula 111,024 (1) 50,218 127,596 161,242 127,596 Cypress Ridge 688 0 688 688 688 I. Franchise Fees II. Gas Tax Fund III. Capital Improvement Program IV. Fines and Foreitures V. Licenses and Permits VI. Law Enforcement Fund VII. Vehicle License Fees VIII. Miscellaneous Revenue IX. Intern Fellow Fund City FY 2016-2017 Budget (4) $3,580,000 $2,073,000 $2,167,000 $547,000 $307,000 $218,000 $49,000 $42,000 $9,000 Service Population RE P RE RE RE RE P RE RE Amount Per Resident or Resident Equivalent $28.06 $18.67 $16.98 $4.29 $2.41 $1.71 $0.44 $0.33 $0.07 New Residents/ Resident Total Equivalents Revenues 688 688 688 688 688 688 688 688 688 $19,000 $13,000 $12,000 $3,000 $2,000 $1,000 so so X. Total Other Revenues $50,000 (1) Source: California Department of Finance, January 1, 2017. (2) Source: The Nielsen Company, 2017. Reflects employment by place of work. (3) KMA assumption. Assumes that approximately three employees have the same impact as one resident. (4) Source: See Table A-3, KMA modifications to Mid -Year FY 16-17 Adjusted General Fund Budget - Included Items. Legend: RE - Resident Equivalent P - Population Prepared by: Keyser Marston Associates Inc. Filename is\Cypress Ridge - FIA - v4 - 07-25-17;7/25/2017;mdt Page 47 TABLE C-7 SUMMARY OF ANNUAL RECURRING REVENUES AT BUILD -OUT (1) CYPRESS RIDGE CITY OF TEMECULA General Fund I. Sales Tax - Resident Spending (2) II. Property Tax III. Property Tax in -lieu of VLF IV. Franchise Fees V. Special Tax (Measure C) VI. Gax Tax Fund VII. Capital Improvement Program VIII. Property Transfer Tax IX. Fines and Forfeitures X. Licenses and Permits XI. Law Enforcement Fund XII. Intern Fellow Fund XIII. Sales and Use Tax XIV. Miscellaneous Revenue XV. Vehicle License Fees Total Percent $98,000 $59,000 $53,000 $19,000 $18,000 $13,000 $12,000 $5,000 $3,000 $2,000 $1,000 $0 $0 $0 34.6% 20.8% 18.7% 6.7% 6.4% 4.6% 4.2% 1.8% 1.1% 0.7% 0.4% 0.0% 0.0% 0.0% 0.0% XVI. Total Annual Recurring Revenues to General Fund $283,000 100.0% (1) Reflects stabilized annual revenue in constant 2017 dollars at build -out. (2) Includes Project -generated Measure 5 revenues. Prepared by: Keyser Marston Associates Inc. Filename i:\Cypress Ridge - FIA - v4 - 07-25-17;7/25/2017;mdt Page 48 TABLE C-8 ESTIMATE OF ANNUAL RECURRING EXPENDITURES CYPRESS RIDGE CITY OF TEMECULA Total Total Total Total Population/ Resident Demographic Profile: Population Employment Jobs Equivalents (3) City of Temecula 111,024 (1) 50,218 (2) 161,242 127,596 Cypress Ridge 688 0 688 688 I. Police II. Public Works - Land Development, Public Works, etc. III. Recreation Funding IV. Asset Management Fund V. Fire VI. Public Works - Parks & Maintenance VII. City Manager VIII. Community Development IX. Finance X. Retiree Medical Contribution XI. City Clerk XII. City Attorney XIII. Animal Control XIV. City Council XV. Community Support XVI. PERS Replacement Benefit XVII. Property Tax Administration Amount Per Net New City Resident or New Residents/ "Marginal Cost" Residents/ FY 2016-2017 Service Population Resident Resident Impact Resident Total Budget (4) Population Type Equivalent Equivalents &liustrent Equivalents Expenses --- --- --- $300.00 (5) 688 5% 654 $196,000 $6,339,000 RE 127,596 $49.68 688 10% 619 $31,000 $6,200,000 P 111,024 $55.84 688 20% 550 $31,000 $6,000,000 RE 127,596 $47.02 688 0% 688 $32,000 $5,136,000 RE 127,596 $40.25 688 5% 654 $26,000 $3,586,000 P 111,024 $32.30 688 10% 619 $20,000 $3,329,000 RE 127,596 $26.09 688 40% 413 $11,000 $2,513,000 RE 127,596 $19.69 688 20% 550 $11,000 $2,332,000 RE 127,596 $18.28 688 30% 482 $9,000 $1,554,000 RE 127,596 $12.18 688 0% 688 $8,000 $1,215,000 RE 127,596 $9.52 688 30% 482 $5,000 $736,000 RE 127,596 $5.77 688 40% 413 $2,000 $463,000 RE 127,596 $3.63 688 10% 619 $2,000 $453,000 RE 127,596 $3.55 688 40% 413 $1,000 $89,000 RE 127,596 $0.70 688 20% 550 $400 $81,000 RE 127,596 $0.63 688 0% 688 $400 $78,000 RE 127,596 $0.61 688 30% 482 $300 XVIII. Total Annual Expenditures $40,104,000 $386,000 (1) Source: California Department of Finance, January 1, 2017. (2) Source: The Nielsen Company, 2017. (3) KMA assumption. Assumes that three employees have the same impact as one resident. (4) Source: See Table A-4, KMA modifications to Mid -Year FY 16-17 Adjusted General Fund Budget - Included Items. (5) Reflects Project pro rata share of one new police officer ($300,000) per 1,000 population. Prepared by: Keyser Marston Associates Inc. Filename is\Cypress Ridge - FIA - v4 - 07-25-17;7/25/2017;mdt Legend: RE - Resident Equivalent P - Population Page 49 TABLE C-9 SUMMARY OF ANNUAL RECURRING EXPENDITURES (1) (2) CYPRESS RIDGE CITY OF TEMECULA General Fund I. Police II. Asset Management Fund III. Public Works - Land Development, Public Works, etc. IV. Recreation Funding V. Fire VI. Public Works - Parks & Maintenance VII. City Manager VIII. Community Development IX. Finance X. Retiree Medical Contribution XI. City Clerk XII. City Attorney XIII. Animal Control XIV. City Council XV. Community Support XVI. PERS Replacement Benefit XVII. Property Tax Administration Total Percent $196,000 $32,000 $31,000 $31,000 $26,000 $20,000 $11,000 $11,000 $9,000 $8,000 $5,000 $2,000 $2,000 $1,000 $400 $400 $300 50.8% 8.3% 8.0% 8.0% 6.7% 5.2% 2.8% 2.8% 2.3% 2.1% 1.3% 0.5% 0.5% 0.3% 0.1% 0.1% 0.1% XVIII. Total Annual Recurring Expenditures $386,000 100% (1) Reflects stabilized annual expenditures in constant 2017 dollars at build -out. (2) Excludes capital improvement costs. Prepared by: Keyser Marston Associates Inc. Filename i:\Cypress Ridge - FIA - v4 - 07-25-17;7/25/2017;mdt Page 50 TABLE C-10 ESTIMATE OF STABILIZED FISCAL IMPACT (1) CYPRESS RIDGE CITY OF TEMECULA City of Temecula - General Fund I. Annual Recurring Revenues Cypress Ridge Totals Percent Sales Tax - Resident Spending (2) $98,000 34.6% Property Tax $59,000 20.8% Property Tax in -lieu of VLF $53,000 18.7% Franchise Fees $19,000 6.7% Special Tax (Measure C) $18,000 6.4% Gax Tax Fund $13,000 4.6% Capital Improvement Program $12,000 4.2% Property Transfer Tax $5,000 1.8% Fines and Forfeitures $3,000 1.1% Licenses and Permits $2,000 0.7% Law Enforcement Fund $1,000 0.4% Intern Fellow Fund $0 0.0% Sales and Use Tax $0 0.0% Miscellaneous Revenue $0 0.0% Vehicle License Fees LI 0.0% Total Annual Revenues $283,000 100.0% II. Annual Recurring Expenditures Police Asset Management Fund Public Works - Land Development, Public Works, etc. Recreation Funding Fire Public Works - Parks & Maintenance City Manager Community Development Finance Retiree Medical Contribution City Clerk City Attorney Animal Control City Council Community Support PERS Replacement Benefit Property Tax Administration Total Annual Recurring Expenditures $196,000 $32,000 $31,000 $31,000 $26,000 $20,000 $11,000 $11,000 $9,000 $8,000 $5,000 $2,000 $2,000 $1,000 $400 $400 $300 $386,000 50.8% 8.3% 8.0% 8.0% 6.7% 5.2% 2.8% 2.8% 2.3% 2.1% 1.3% 0.5% 0.5% 0.3% 0.1% 0.1% 0.1% 100.0% III. Annual Recurring Surplus/(Deficit) ($103,000) Per Unit Per Year ($420) Revenues to Expenditures Ratio 0.73 (1) Reflects stabilized annual revenues and expenditures in constant 2017 dollars at build -out. (2) Includes Project -generated Measure S revenues. Prepared by: Keyser Marston Associates, Inc. Filename i:\Cypress Ridge - FIA - v4 - 07-25-17;7/25/2017;mdt Page 51 EXHIBIT B REVISED ZONING MAP Pik., P En In ,Se, S J MIw i� o: z liftb m i mos me oce /Go • man imp Er go gvi. s , MIN mom__ 104 ow �ea!"'� 6k4P ow 40 ' . CCi111,41/4* ,i1, Se 4 BF�e]U3E pR • Bee440 t► r -%, 500 1 000 o?sum AV S 0 C+NITERFIELD DR w "1/4N 4 ,0' toiTiflum :. 1 os -c PR r r PDO -15 Po St P TS z�. HrCKpR1 F'4 u 0014 fid. } A�g0R9' 414* 410 SP -12 Tot i AW sir %at 14011, / 0411, Wof.r CREEK pR N Proposed Zoning RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING TENTATIVE TRACT MAP 37021 TO DIVIDE THREE EXISTING PARCELS TOTALING 22.73 ACRES INTO TWO LOTS (WITH THREE LETTERED LOTS) TO ALLOW FOR A RESIDENTIAL DEVELOPMENT ON THE NORTHEAST CORNER OF PECHANGA PARKWAY AND LOMA LINDA ROAD (APNS 961-450-003, 961-450-012, 961-450-013) (PA15-1893) 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. On December 21, 2015, John Fitzpatrick filed Planning Application Nos. PA15-1894, a General Plan Amendment; PA15-1895, a Zone Change/Planned Development Overlay; PA15-1893, a Tentative Tract Map; and PA15-1892 a Development Plan. These applications (collectively "Project") were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. 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. C. An Environmental Impact Report (EIR), Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations were prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA"). Thereafter, City staff circulated a Notice of Completion indicating the public comment period and intent to adopt the EIR as required by law. The public comment period commenced via the State Clearing House from March 2, 2017 through April 17, 2017. A Notice of Availability was also sent to adjacent property owners indicating a review period of March 2, 2017 through April 17, 2017. Copies of the documents have been available for public review and inspection at the offices of the Community Development Department, located at City Hall, 41000 Main Street, Temecula, California 92590; the Ronald H. Roberts Temecula Public Library located at 30600 Pauba Road; Temecula Grace Mellman Community Library located 41000 County Center Drive; and the City of Temecula website. D. On August 2, 2017, the Planning Commission considered the Final Environmental Impact Report ("EIR"), Planning Application Nos. PA15-1894, a General Plan Amendment; PA15-1895, a Zone Change/Planned Development Overlay; PA15- 1893, a Tentative Tract Map; and PA15-1892, a Development Plan at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support of or opposition to this matter. E. Following consideration of the entire record of information received at the public hearing, the Planning Commission adopted Resolution No. 17-24, "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL CERTIFY THE ENVIRONMENTAL IMPACT REPORT, ADOPT ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPT A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPT A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE CYPRESS RIDGE PROJECT, CONSISTING OF APPROXIMATELY 22.73 ACRES GENERALLY LOCATED ON THE NORTHEAST CORNER OF PECHANGA PARKWAY AND LOMA LINDA ROAD (APNS: 961-450-003, 961-450-012, 961-450-013)." F. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 17-27, "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING TENTATIVE TRACT MAP 37021 TO DIVIDE THREE EXISTING PARCELS TOTALING 22.73 ACRES INTO TWO LOTS (WITH THREE LETTERED LOTS) TO ALLOW FOR A RESIDENTIAL DEVELOPMENT ON THE NORTHEAST CORNER OF PECHANGA PARKWAY AND LOMA LINDA ROAD (APNS: 961-450-003, 961-450-012, 961-450-013) (PA15-1893)."" G. On July 11 , 2017, the City Council of the City of Temecula considered the Project and the EIR, Mitigation Monitoring and Reporting Program, and 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 Project and the Final EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations prior to and at the public hearing. H. Following the public hearing, the City Council adopted Resolution No. 17- "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 ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE Cypress Ridge PROJECT, CONSISTING OF APPROXIMATELY 22.73 ACRES, GENERALLY LOCATED ON THE NORTHEAST CORNER OF PECHANGA PARKWAY AND LOMA LINDA ROAD (APNS: 961-450-003, 961-450-012, 961-450-013)." Resolution No. 17- and the findings therein are hereby incorporated by this reference as set forth in full. I. All legal preconditions to the adoption of this Resolution have occurred. Section 2. The City Council in approving the Tentative Parcel Map hereby makes the following findings as required by Temecula Municipal Code Section 16.09.140: A. The proposed subdivision and the design and improvements of the subdivision are consistent with the Development Code, General Plan, any applicable Specific Plan and the City of Temecula Municipal Code. As designed and conditioned, the proposed map is consistent with the Subdivision Ordinance, Temecula General Plan, and the City of Temecula Municipal Code. This is because it is consistent with size, setbacks, parking, water quality and other applicable standards. B. The Tentative Map does not propose to divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965, or the land is subject to a Land Conservation Act contract but the resulting parcels following division of the land will not be too small to sustain their agricultural use. The land identified in the proposed map is not subject to the California Land Conservation Act of 1965 or Williamson Land Act. In addition, the land has not been used for agriculture in the recent past. C. The site is physically suitable for the type and proposed density of development proposed by the Tentative Map. The proposed map subdivides 22.73 acres to allow for residential uses. The proposed Tentative Tract Map design is consistent with the Temecula General Plan and the development standards for the Planned Development Overlay 15 zoning designation. This land is currently vacant and will accommodate the medium residential project as proposed. D. An environmental impact report has been prepared and a finding has been made, pursuant to Public Resources Code Section 21081(a) (3), finding that specific economic, social, or other considerations make infeasible mitigation measures or project alternatives identified in the environmental impact report. The project consists of a Tentative Tract Map on vacant property. An Environmental Impact Report (EIR) has been prepared for the project. Two impacts have been determined to remain significant and unavoidable after all mitigation has been taken into account (Traffic, Temporary Construction Noise). A Statement of Overriding Considerations has been prepared for the project. E. The design of the subdivision and the type of improvements are not likely to cause serious public health problems. The project has been reviewed and conditioned by the Fire, Public Works, Planning, and Building and Safety Departments. As a result, the project is consistent or has been conditioned to be consistent with Fire and Building Codes and the City's General Plan and Municipal Code which contain provisions to protect the health, safety, and welfare of the public. F. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible. The design of the subdivision provides for future passive or natural heating or cooling opportunities to the extent feasible. All development must meet all appropriate Building and Fire Code requirements as they relate to passive or natural heating or cooling opportunities. G. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision, or the design of the alternate easements which are substantially equivalent to those previously acquired by the public will be provided. All acquired rights-of-way and easements have been provided on the Tentative Map. The City has reviewed these easements and has found no potential conflicts. H. The subdivision is consistent with the City's parkland dedication requirements (Quimby Act). The project involves the construction of a residential development. The project will meet all Quimby requirements through the provision of park improvements and payment of Quimby fees. Section 3. Conditions of Approval. The City Council of the City of Temecula hereby approves Planning Application No. PA15-1893, Tentative Tract Map 37021 to divide three existing parcels totaling 22.73 acres into two lots (with three lettered lots) to allow for a residential development on the northeast corner of Pechanga Parkway and Loma Linda Road (APNs 961-450-003, 961-450-012, 961-450-013), subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 4. Effective Date. This Resolution shall take effect upon the effective date of Ordinance No. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 17 OF THE TEMECULA ZONING CODE TO ADD A NEW ARTICLE XVI (CYPRESS RIDGE PLANNED DEVELOPMENT OVERLAY DISTRICT 15) TO CHAPTER 17.22 (PLANNED DEVELOPMENT OVERLAY ZONING DISTRICT) ON A 22.73 ACRE SITE GENERALLY LOCATED ON THE NORTHEAST CORNER OF PECHANGA PARKWAY AND LOMA LINDA ROAD (APNS: 961-450-003, 961-450-012, 961-450-013) AND AMENDING THE TEMECULA ZONING MAP (PA15-1895)." Section 5. Notice of Adoption. The City Clerk shall certify to the adoption of this Resolution and it shall become effective upon its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 5th day of September, 2017. Maryann Edwards, 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. 17- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 5th day of September, 2017, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk Planning Application No.: Project Description: Assessor's Parcel No.: MSHCP Category: DIF Category: TUMF Category: Quimby Category: New Street In -lieu of Fee: Approval Date: Expiration Date: PLANNING DIVISION EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL PA 15-1893 Cypress Ridge Tentative Tract Map: A Tentative Tract Map to allow for the creation of two lots that will be used for residential purposes. The project is generally located on the northeast corner of Pechanga Parkway and Loma Linda Road. 961-450-012 961-450-013 961-450-003 Between 8.1 and 14.0 Du Residential-Attached/Residential Detached Residential -Multi -Family Multi -Family Attached (5 or More Units)/Multi-Family Attached (2-4 Units)/Single Family (Attached Garage) Not Located in the Uptown Jefferson Specific Plan September 5, 2017 September 5, 2020 Within 48 Hours of the Approval 1. Filing Notice of Determination. The applicant/developer shall deliver to the Planning Division a cashier's check or money order made payable to the County Clerk in the amount of Three Thousand One Hundred and Twenty-eight Dollars and Zero Cents ($3,128.00) which includes the Three Thousand and Seventy-eight Dollars and Zero Cents ($3,078.00) fee, required by Fish and Wildlife Code Section 711.4(d)(3) plus the Fifty Dollars ($50.00) County administrative fee, to enable the City to file the Notice of Determination for the Environmental Impact Report required under Public Resources Code Section 21152 and California Code of Regulations Section 15904. If within said 48-hour period the applicant/developer has not delivered to the Planning Division the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Wildlife Code Section 711.4(c)). General Requirements 2. Indemnification of the City. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City and its attorneys from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. 3. Expiration. This approval shall be used within three years of the approval date; otherwise, it shall become null and void. Use means the beginning of substantial construction contemplated by this approval within the three-year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval, or use of a property in conformance with a Conditional Use Permit. 4. Time Extension. The Director of Community Development may, upon an application being filed prior to expiration, and for good cause, grant up to five extensions of time, one year at a time. 5. Compliance with EIR. The project and all subsequent projects within this site shall comply with all mitigation measures identified within EIR No. 2016051073. 6. Conformance with Approved Plans. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Division. 7. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 8. Reciprocal Use Agreement. Parking for the project shall be shared across the site, including parking spaces in all lots that are a part of the project. If the project involves multiple lots, the applicant shall submit to the Planning Division a copy of a recorded Reciprocal Use Agreement, which provides for cross -lot access and parking across all lots. 9. Subdivision Map Act. The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance No. 460, unless modified by the conditions listed below. An Extension of Time may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 60 days prior to the expiration date. 10. Public Art Ordinance. The applicant shall comply with the requirements of the City's Public Art Ordinance as defined in Section 5.08 of the Temecula Municipal Code. 11. Property Maintenance. All parkways, including within the right-of-way, entryway median, landscaping, walls, fencing, recreational facilities, and on-site lighting shall be maintained by the property owner or maintenance association. 12. Class I Multi -Use Trails. Class I multi -use trails shall be provided as per the City of Temecula's Multi -Use Trails and Bikeways Master Plan. The construction plans for the Class 1 trails shall be included on the perimeter landscape plans and constructed in concurrence with the installation of the landscaping. 13. Fiscal Impact Analysis Compliance. Any development within Planned Development Overlay 15 will be required to address impacts to the City's budget as a result of the increased costs to the City of providing public safety and other municipal services to the Project area substantially exceeding the municipal revenue generated from the Project ("City Services Deficit"). The City has received a Fiscal Impact Analysis, dated as of July, 2017 ("FIA"), documenting the City Services Deficit. The owners of the property within the Project, and their successors in interest, shall pay the City the sum of four hundred thirty-nine dollars ($439) per residential dwelling unit within the Project each year as mitigation for the City Services Deficit. Owner and its successors to the property within the Project may fulfill this obligation through a community facilities district established by the City pursuant to the Mello -Roos Community Facilities District Act of 1982, Government Code Section 53311, et seq., or other appropriated financing mechanism approved by the City; provided, however, the obligation of each owner and their successors to pay the City Services Deficit payment under this obligation remains an obligation of the owner and its successors regardless of the financing mechanism used to pay it and regardless of whether there is a financing mechanism to pay it. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit 14. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Prior to Recordation of the Final Map 15. Final Map. A copy of the Final Map shall be submitted to, and approved by, the Planning Division. 16. Quimby Requirements. The developer shall satisfy the City's parkland dedication (Quimby) requirement through the payment of in -lieu fees equivalent to 3.07 acres of parkland, based upon the City's then current land evaluation. Said requirement includes a 10.69% credit for private recreational opportunities provided. 17. Environmental Constraint Sheet. A copy of the Environmental Constraint Sheet (ECS) shall be submitted to, and approved by, the Planning Division with the following notes: a. This property is located within 30 miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory recommendations, Ordinance No. 655. b. Environmental Impact Report (EIR) No. 2016051073 was prepared for this project and is on file at the City of Temecula Planning Division. c. This project is within a 100 -year Flood Hazard Zone. d. This project is within a Liquefaction Hazard Zone. 18. Submittal of CC&Rs. A copy of the Covenants, Conditions, and Restrictions (CC&Rs) shall be submitted and approved by the Director of Community Development. The CC&Rs shall include liability insurance and methods of maintaining open space, recreation areas, parking areas, private roads, exterior of all buildings, and all landscaped and open areas, including parkways. Applicants shall provide a deposit in the amount of $3,750 for the review of new CC&Rs. Amended CC&Rs will require a deposit of $2,000. The applicant shall be responsible for all costs incurred during the review of the CC&Rs and additional fees may be required during the course of the review. 19. Form and Content of CC&Rs. The CC&Rs shall be in the form and content approved by the Director of Community Development, City Engineer, and the City Attorney, and shall include such provisions as are required by this approval and as said officials deem necessary to protect the interests of the City and its residents. 20. Preparation of CC&Rs. The CC&Rs shall be prepared at the developer's sole cost and expense. 21. Review of CC&Rs. The CC&Rs and Articles of Incorporation of the Property Owners Association are subject to the approval of the Director of Community Development, Public Works Director, and the City Attorney. 22. CC&Rs and Management/Maintenance of Common Areas. The CC&Rs shall provide for the effective establishment, operation, management, use, repair, and maintenance of all common areas, drainage facilities, and pollution prevention devices outlined in the project's Water Quality Management Plan. 23. CC&Rs and Public Nuisance. The CC&Rs shall provide that the property shall be developed, operated, and maintained so as not to create a public nuisance. 24. Termination of CC&Rs. The CC&Rs shall provide that the association may not be terminated without prior City approval. 25. CC&Rs and Maintenance of Property. The CC&Rs shall provide that if the property is not maintained in the condition required by the CC&Rs, then the City, after making due demand and giving reasonable notice, may enter the property and perform, at the owner's sole expense, any maintenance required thereon by the CC&Rs or the City Ordinances. The property shall be subject to a lien in favor of the City to secure any such expense not promptly reimbursed. 26. Interest in Association. Every owner of a suite or lot governed by CC&Rs shall own as an appurtenance to such suite or lot, either: (1) an undivided interest in the common areas and facilities, or (2) a share in the corporation, or voting membership in an association owning the common areas and facilities. 27. Maintenance of Open Areas. All open areas and landscaping governed by CC&R shall be permanently maintained by the association or other means acceptable to the City. Such proof of this maintenance shall be submitted to the Planning Divisions and Public Works Department prior to the issuance of building permits. 28. Reciprocal Easements. Reciprocal access easements and maintenance agreements ensuring access to all parcels and joint maintenance of all roads, drives, parking areas, drainage facilities, and water quality features, shall be provided by the CC&Rs or by deeds and shall be recorded concurrent with the map or prior to the issuance of building permit where no map is involved. 29. Consent of City of Temecula. An Article must be added to every set of CC&Rs, following the Declarant's signature, to read as follows: CONSENT OF CITY OF TEMECULA The Conditions of Approval for Tentative Tract Map No. (#37021) require the City of Temecula to review and approve the CC&Rs for the Parcel. The City's review of these CC&Rs has been limited to a determination of whether the proposed CC&Rs properly implement the requirements of the Conditions of Approval for the Parcel. The City's consent to these CC&Rs does not contain or imply any approval of the appropriateness or legality of the other provisions of the CC&Rs, including, without limitation, the use restrictions, private easements and encroachments, private maintenance requirements, architecture and landscape controls, assessments, enforcement of assessments, resolutions of disputes or procedural matters. Subject to the limitations set forth herein, the City consents to the CC&Rs. Luke Watson Director Community Development Approved as to Form: Peter M. Thorson City Attorney 30. Consent of City of Temecula. An Article must be added to every set of CC&Rs to read as follows: Article CONSENT OF CITY OF TEMECULA 1. The Conditions of Approval of Tentative Tract Map Number requires the City to review and approve the CC&Rs for the Parcel. 2. Declarant acknowledges that the City has reviewed these CC&Rs and that its review is limited to a determination of whether the proposed CC&Rs properly implement the requirements of the Conditions of Approval for the Parcel. The City's consent to these CC&Rs does not contain or imply any approval of the appropriateness or legality of the other provisions of the CC&Rs, including, without limitation, the use restrictions, private easements and encroachments, private maintenance requirements, architecture and landscape controls, assessment procedures, assessment enforcement, resolution of disputes or procedural matters. 3. In the event of a conflict between the Conditions of Approval of the land use entitlements issued by the City for the Parcel or Federal, State, or local laws, ordinances, and regulations and these CC&Rs, the provisions of the Conditions of Approval and Federal, State or local laws, ordinances, and regulations shall prevail, notwithstanding the language of the CC&Rs. 4. These CC&Rs shall not be terminated, amended or otherwise modified without the express written consent of the Director of Community Development of the City of Temecula. 31. Operation of Association. No lot or suite in the development shall be sold unless a corporation, association, property owners group or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CC&Rs, which shall include compulsory membership of all owners of lots and/or suites and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&Rs shall permit enforcement by the City for provisions required as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. 32. Recordation of CC&Rs. CC&Rs shall be finalized and recorded at the time of Final Map Recordation. 33. Copies of CC&Rs. Three copies of the final recorded CC&Rs shall be provided to the Planning Division. 34. Public Access Easement. A public access easement shall be provided, on the final map, for the Class I trail located along Pechanga Parkway. 35. General. The CC&Rs shall contain a provision requiring the developer, developer's successor or assignee, or HOA to maintain the landscaping along Temecula Parkway and former concrete drainage. 36. General. The CC&Rs shall contain a provision requiring that the Declarant agree and consent that the HOA is authorized to perform yearly inspections of garages to ensure at least two cars can be parked inside and requiring the HOA to perform yearly inspections of the garages, subject to reasonable notice. The CC&Rs shall also include a provision stating that parking garages cannot be used for storage in a manner that precludes the parking of vehicles in the garage. PUBLIC WORKS DEPARTMENT General Requirements 37. Subdivision Map. The developer shall submit a complete Final Map submittal for review and approval. Any omission to the representation of the site conditions may require the plans to be resubmitted for further review and revision. 38. Grading Permit. A grading permit for rough and/or precise grading shall be obtained from Public Works prior to commencement of any construction within private property. Grading shall be in accordance with the approved grading plan, grading permit conditions and City codes/standards. 39. Encroachment Permits. Prior to commencement of any applicable construction, encroachment permit(s) are required and shall be obtained from Public Works for public offsite improvements. 40. PW -005: Improvement Plans. The developer shall submit improvement plans (to include public/private street plans, storm drain plans, signage and striping plans, etc.) as required for review and approval by Public Works. The designs shall be in compliance with Caltrans, Riverside County Flood Control and Water Conservation District and City codes/standards. 41. Private Drainage Facilities. maintained. 42. Perimeter improvements. maintained. All onsite drainage and water quality facilities shall be privately All perimeter landscaping and D.G. trail shall be privately Prior to Recordation of the Final Map 43. Land Exchange. The Developer shall process the required documents to affect the proposed sale of Lot 87 of Tract Map No. 21067 (APN 961-450-003) from the City to the Developer, including costs of the appraisal and staff/legal review. 44. Drainage Easement. The Developer shall provide a drainage easement at the southwest corner of the property to accommodate the storm drain facility as shown on the City of Temecula Capital Improvement Project No. PW99-11. 45. Plans, Agreements & Securities. The developer shall have approved improvement plans, executed subdivision improvement agreements and posted securities. 46. Right -of -Way Dedications. All easements and/or right-of-way dedications shall be offered for dedication to the public or other appropriate agency and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by Public Works. 47. Environmental Constraint Sheet (ECS). The developer shall prepare and record an ECS with the Tract Map to delineate identified environmental concerns. The developer shall comply with all constraints per the recorded ECS along with any underlying maps related to the property. 48. Required Clearances. As deemed necessary by Public Works, the developer shall receive written clearance from the following agencies: a. Riverside County Flood Control and Water Conservation District; b. Rancho California Water District; c. Eastern Municipal Water District; d. Verizon; e. Frontier; f. Southern California Edison Company; g. The Gas Company; or other affected agencies. 49. Right of Access. Relinquish and waive right of access to and from Pechanga Parkway on the Tract Map with the no openings as delineated on the approved Tentative Tract Map. 50. Right of Access. Relinquish and waive right of access to and from Loma Linda Road on the Tract Map with the exception of no openings as delineated on the approved Tentative Tract Map. 51. Right of Access. Relinquish and waive right of access to and from Temecula Lane on the Tract Map with the exception of two openings as delineated on the approved Tentative Tract Map. 52. Easements. Note the following: a. Easements and access rights for meandering sidewalks for public use (through private property) shall be dedicated to the City. b. Easements (when required for roadway slopes, landscape, drainage facilities, utilities, etc.) shall be shown on the Tract Map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted for review and recorded, as directed by Public Works. Onsite drainage facilities located outside of road right-of-way shall be contained within drainage easements and shown on the Tract Map. A note shall be added to the Tract Map stating: "Drainage easements shall be kept free of buildings and obstructions." 53. Public Street Improvements and Securities. The developer shall design and guarantee construction (i.e., posting of security and entering into agreements) of the following public improvements to the City's General Plan standards unless otherwise noted. Plans shall be approved by Public Works. All street improvement designs shall provide adequate right-of-way and pavement transitions per Caltrans' standards to join existing street improvements. a. Improve Pechanga Parkway (Urban Arterial Modified Standard No. 1006 — 134' R/W with a 18' wide parkway) to include dedication of half -width street right-of-way, installation of parkway improvements to include a D.G. trail with a rail fence, and utilities (including but not limited to water and sewer) b. Improve Loma Linda Road (Modified Secondary Arterial (4 lanes undivided) Modified Standard No. 102 — 88' R/W with a 16' wide parkway) to include dedication of half -width street right-of-way, including removal of existing sidewalk, installation of meandering sidewalk, drainage facilities, signing and striping and utilities (including but not limited to water and sewer). c. Improve Loma Linda Road between Pechanga Parkway and Via Del Coronado to include slurry seal and modification to the existing striping to accommodate a buffered bike lane on both sides of the street and on -street parking adjacent to the project site. The striping modification shall include the removal of existing striping. d. Improve Temecula Lane (Local Street) Standard No. 104 — 60' R/W) to include dedication of half -width street, installation of half -width street improvements plus 12 feet, paving, curb and gutter, sidewalk, streetlights, drainage facilities, signing and striping and utilities (including but not limited to water and sewer) and removal of existing raised landscaped median. e. Install a VCalm LED speed display sign for westbound traffic on Loma Linda Road east of Temecula Lane. f. Install an advance pedestrian crossing signs approximately 200 feet east and west of the Temecula Lane intersection. 54. Parkway Landscaping. All parkway landscaping areas, including D.G. trail and fencing shall be privately maintained. 55. Fair Share Contribution analysis. Prior to map recordation or any grading permit, whichever comes first, the developer shall prepare and submit a cost analysis for its fair share contribution for approval, per City requirements, for offsite improvements as identified in the Project's Transportation Impact Analysis dated November 2016 (Appendix H of the EIR). a. 1-15 SB Ramps & Temecula Parkway i. Optimize the AM and PM peak hour traffic signal cycle lengths and splits within the coordinated timing plan. 1. The project's fair share contribution towards this improvement is 100%. b. 1-15 NB Ramps & Temecula Parkway i. Optimize the AM and PM peak hour traffic signal cycle lengths and splits within the coordinated timing plan. ii. The project's fair share contribution towards this improvement is 100%. iii. Loma Linda Road & Pechanga Parkway iv. Optimize the AM and PM peak hour traffic signal cycle lengths and splits within the coordinated timing plan. Since Pechanga Parkway operates an Adaptive Traffic Signal System, the entire corridor will need to be optimized. 1. The project's fair share contribution towards this improvement is 100%. c. 1-15 NB Ramps & Temecula Parkway i. Optimize the AM and PM peak hour traffic signal cycle lengths and splits within the coordinated timing plan. 1. The project's fair share contribution towards this improvement is 4%. d. Loma Linda Road & Pechanga Parkway i. Modify the southbound approach to add a right -turn overlap phase. ii. Optimize the AM and PM peak hour traffic signal cycle lengths and splits within the coordinated timing plan. Since Pechanga Parkway operates an Adaptive Traffic Signal System, the entire corridor will need to be optimized. 1. The project's fair share contribution towards this improvement is 11%. e. La Paz Road & Temecula Parkway i. Optimize the AM and PM peak hour traffic signal cycle lengths and splits within the coordinated timing plan. Since Temecula Parkway operates an Adaptive Traffic Signal System, the entire corridor will need to be optimized. ii. Modify the westbound approach to provide a right turn lane with 300 feet of storage. 1. The project's fair share contribution towards this improvement is 5%. f. 1-15 NB Ramps & Temecula Parkway i. Optimize the AM and PM peak hour traffic signal cycle lengths and splits within the coordinated timing plan. 1. The project's fair share contribution towards this improvement is 3%. g. Pechanga Parkway & Temecula Parkway i. Modify the northbound approach to add one right -turn lane. ii. Modify the eastbound approach to add one right -turn lane. iii. Modify the westbound approach to add one left -turn lane. iv. Optimize the AM and PM peak hour traffic signal cycle lengths and splits within the coordinated timing plan. Since Temecula Parkway and Pechanga Parkway operates Adaptive Traffic Signal Systems, both corridors will require optimization. 1. The project's fair share contribution towards this improvement is 4%. h. Loma Linda Road & Pechanga Parkway i. Modify the southbound approach to add a right -turn overlap phase. ii. Optimize the AM and PM peak hour traffic signal cycle lengths and splits within the coordinated timing plan. Since Pechanga Parkway operates an Adaptive Traffic Signal System, the entire corridor will need to be optimized. 1. The project's fair share contribution towards this improvement is 14%. i. La Paz Road & Temecula Parkway i. Optimize the AM and PM peak hour traffic signal cycle lengths and splits within the coordinated timing plan. Since Temecula Parkway operates an Adaptive Traffic Signal System, the entire corridor will need to be optimized. ii. Modify the westbound approach to provide a right turn lane with 300 feet of storage. 1. The project's fair share contribution towards this improvement is 6%. 56. Undergrounding Utility Systems. All utility systems including gas, electric, telephone, water, sewer and cable TV shall be provided underground (with the required easements); and shall be designed and constructed in accordance with City codes and utility provider's standards. Telephone, cable TV and/or security systems shall be pre -wired in the residence. The developer shall notify the City's cable TV franchisees of the Intent to Develop. Conduit shall be installed to cable TV standards at time of street improvements. 57. Acquisition of Offsite Property. The developer shall make a good faith effort to acquire required offsite property interests, and if he or she should fail to do so, the developer shall, prior to submittal of the Tract Map for recordation, enter into an agreement to complete the improvements pursuant to Subdivision Map Act, Sections 66462 and 66462.5. The agreement shall provide for payment by the developer of all costs incurred by the City to acquire the offsite property interests required in connection with the subdivision. Security of a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the developer (at developer's cost). The appraiser shall be approved by the City prior to commencement of the appraisal. 58. Assessments. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision, which is part of an existing Assessment District, must comply with the requirements of said section. The developer shall submit an application for reapportionment of any assessments with the appropriate regulatory agency. 59. Property Taxes. Any delinquent property taxes shall be paid. 60. RCFC&WCD Approval. A permit from Riverside County Flood Control and Water Conservation District shall be obtained for any work within its easement. Prior to Issuance of a Grading Permit 61. Required Clearances. As deemed necessary by Public Works, the developer shall receive written clearance from the following agencies: a. San Diego Regional Water Quality Control Board; b. Army Corps of Engineers; c. California Department of Fish and Wildlife; d. Riverside County Flood Control and Water Conservation District; or other affected agencies. 62. Grading/Erosion & Sediment Control Plan. The developer shall submit a grading/erosion & sediment control plan(s) to be reviewed and approved by Public Works. All plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site. The approved plan shall include all final WQMP water quality facilities and all construction -phase pollution -prevention controls to adequately address non -permitted runoff. Refer to the City's Engineering & Construction Manual at: www.TemeculaCA.gov/ECM 63. Erosion & Sediment Control Securities. The developer shall comply with the provisions of Chapter 24, Section 18.24.140 of the Temecula Municipal Code by posting security and entering into an agreement to guarantee the erosion & sediment control improvements. 64. NPDES General Permit Compliance. The developer shall obtain project coverage under the State National Pollutant Discharge Elimination System (NPDES) General Permit for Construction Activities and shall provide the following: a. A copy of the Waste Discharge Identification number (WDID) issued by the State Water Resources Control Board (SWRCB); b. The project's Risk Level (RL) determination number; and c. The name, contact information and certification number of the Qualified SWPPP Developer (QSD). Pursuant to the State Water Resources Control Board (SWRCB) requirements and City's storm water ordinance, a Storm Water Pollution Prevention Plan (SWPPP) shall be generated and submitted to the Board. Throughout the project duration, the SWPPP shall be routinely updated and readily available (onsite) to the State and City. Review www.cabmphandbooks.com for SWPPP guidelines. Refer to the following link: http://www.waterboards.ca.gov/water issues/programs/stormwater/construction.shtml 65. Water Quality Management Plan (WQMP) and O&M Agreement. The developer shall submit a final WQMP (prepared by a registered professional engineer) with the initial grading plan submittal, based on the conceptual WQMP from the entitlement process. It must receive acceptance by Public Works. A copy of the final project -specific WQMP must be kept onsite at all times. In addition, a completed WQMP Operation and Maintenance (O&M) Agreement shall be submitted for review and approval. Upon approval from City staff, the applicant shall record the O&M agreement at the County Recorder's Office in Temecula. Refer to the WQMP template and agreement link below: www.TemeculaCA.gov/WQMP 66. Area Drainage Plan (ADP) Fee to RCFC&WCD. The developer shall demonstrate to the City that the flood mitigation charge (ADP fee) has been paid to RCFC&WCD. If the full ADP fee has already been credited to this property, no new charge will be required. 67. Drainage Study. A drainage study shall be prepared by a registered civil engineer and submitted to Public Works with the initial grading plan check in accordance with City, Riverside County and engineering standards. The study shall identify storm water runoff quantities (to mitigate the 100 -year storm event) from the development of this site and upstream of the site. It shall identify all existing or proposed offsite or onsite, public or private, drainage facilities intended to discharge this runoff. Runoff shall be conveyed to an adequate outfall capable of receiving the storm water runoff without damage to public or private property. The study shall include a capacity analysis verifying the adequacy of all facilities. Any upgrading or upsizing of drainage facilities necessary to convey the storm water runoff shall be provided as part of development of this project. 68. Soils Report. A soils report, prepared by a registered soil or civil engineer, shall be submitted to Public Works with the initial grading plan submittal. The report shall address the site's soil conditions and provide recommendations for the construction of engineered structures and preliminary pavement sections. 69. Geological Report. The developer shall complete any outstanding County geologist's requirements, recommendations and/or proposed Conditions of Approval as identified during entitlement. 70. Letter of Permission/Easement. The developer shall obtain documents (letters of permission or easements) for any offsite work performed on adjoining properties. The document's format is as directed by, and shall be submitted to, Public Works for acceptance. The document information shall be noted on the approved grading plan. 71. Habitat Conservation Fee. The developer shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in the ordinance or by providing documented evidence that the fees have already been paid. Prior to Issuance of Building Permit(s) 72. Final Map. Prior to issuance of the first building permit, except for Model Homes, Tract Map No. 37021 shall be approved and recorded. 73. Fair Share Contribution. Prior to the issuance of the first building permit, the developer shall pay its fair share contribution, per City requirements, for offsite improvements as identified in the Project's Transportation Impact Analysis dated November 2016 (Appendix H of the EIR) 74. Street Lights. The developer shall submit a completed SCE street light application, an approved SCE Streetlight Plan and pay the advanced energy fees. If not obtaining a building permit, this shall be done prior to installation of additional street lighting. All costs associated with the relocation of any existing street lights shall be paid by the developer. 75. Precise Grading Plan. A precise grading plan shall be submitted to Public Works for review and approval. The plan shall be in substantial conformance with the approved rough grading plan; and shall show all lot drainage directed to the driveway by side yard drainage swales independent of any other lot. The building pad shall be certified by a registered civil engineer for location and elevation; and the soils engineer shall issue a final soils report addressing compaction and site conditions. Prior to Issuance of a Certificate of Occupancy 76. Completion of Improvements. The developer shall complete all work per the approved plans and Conditions of Approval to the satisfaction of the City Engineer. This includes all on site work (including water quality facilities), public improvements and the executed WQMP Operation and Maintenance agreement. 77. Letter of Map Revision. The Developer shall obtain a Letter of Map Revision (LOMR) from Federal Emergency Management Agency (FEMA). 78. Signage. Prior to issuance on any Certificate of Occupancy, the developer shall: a. Install a VCalm LED speed display sign for westbound traffic on Loma Linda Road east of Temecula Lane and b. Install an advance pedestrian crossing signs approximately 200 feet east and west of the Temecula Lane intersection. 79. Utility Agency Clearances. The developer shall receive written clearance from applicable utility agencies (i.e., Rancho California and Eastern Municipal Water Districts, etc.) for the completion of their respective facilities and provide to Public Works. 80. Replacement of Damaged Improvements/Monuments. Any appurtenance damaged or broken during development shall be repaired or removed and replaced to the satisfaction of Public Works. Any survey monuments damaged or destroyed shall be reset per City Standards by a qualified professional pursuant to the California Business and Professional Code Section 8771. 81. Certifications. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by Public Works. FIRE PREVENTION General Requirements 82. Life Safety Conditions. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DEVELOPMENT PLAN APPLICATION TO ALLOW FOR 245 RESIDENTIAL MARKET RATE UNITS CONSISTING OF DETACHED/ATTACHED CLUSTER AND DUPLEX/TRIPLEX UNITS TOTALING APPROXIMATELY 439,341 SQUARE FEET AND THE CONVERSION OF A 0.67-ACRE OFF-SITE EXISTING CONCRETE DRAINAGE DITCH INTO A LANDSCAPED INFILTRATION BASIN AND MAKING IMPROVEMENTS TO PALA PARK AND ADDITIONAL OFF-SITE LANDSCAPE IMPROVEMENTS NORTH OF THE PROJECT SITE ALONG PECHANGA PARKWAY (APNS: 961-450-003, 961-450-012, 961-450-013) (PA15-1892) 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. On December 21, 2015, John Fitzpatrick filed Planning Application Nos. PA15-1894, a General Plan Amendment; PA15-1895, a Zone Change/Planned Development Overlay; PA15-1893, a Tentative Tract Map; and PA15-1892 a Development Plan. These applications (collectively "Project") were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. Collectively, the Project consists of a change in the General Plan designation on the site from Professional Office (PO) to Medium Density (M) residential and a rezone of the site from Professional Office (PO) to Cypress Ridge Planned Development Overlay District (to be known as PDO-15). PDO-15 is a series of standards and regulations that will govern all development on the property. These standards and regulations address architectural style, setbacks, and building height. Together, these regulations and standards seek to ensure cohesiveness in the design and aesthetic appearance, and compatibility with the surrounding community. In addition to the proposed PDO-15, the Project also includes a General Plan Amendment, Tentative Tract Map, and a Development Plan for the construction of 245 residential market rate units consisting of detached and attached cluster units and duplex/triplex units, the conversion of 0.67-acres of an off-site existing concrete drainage ditch into a landscaped infiltration basin, improvements to Pala Park and additional off-site landscape improvements north of the Project site along Pechanga Parkway. 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. D. An Environmental Impact Report(EIR), Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations were prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA"). Thereafter, City staff circulated a Notice of Completion indicating the public comment period and intent to adopt the EIR as required by law. The public comment period commenced via the State Clearing House from March 2, 2017 through April 17, 2017. A Notice of Availability was also sent to adjacent property owners indicating a review period of March 2, 2017 through April 17, 2017. Copies of the documents have been available for public review and inspection at the offices of the Community Development Department, located at City Hall, 41000 Main Street, Temecula, California 92590; the Ronald H. Roberts Temecula Public Library located at 30600 Pauba Road; Temecula Grace Mellman Community Library located 41000 County Center Drive; and the City of Temecula website. E. On August 2, 2017, the Planning Commission considered The Final Environmental Impacts Report (EIR) Planning Application Nos. PA15-1894, a General Plan Amendment; PA15-1895, a Zone Change/Planned Development Overlay; PA15- 1893, a Tentative Tract Map; and PA15-1892, a Development Plan at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support of or opposition to this matter. F. Following consideration of the entire record before it at the public hearing and due consideration of the Project the Planning Commission adopted Resolution No. 17-24, "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL CERTIFY THE ENVIRONMENTAL IMPACT REPORT, ADOPT ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPT A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPT A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE CYPRESS RIDGE PROJECT, CONSISTING OF APPROXIMATELY 22.73 ACRES GENERALLY LOCATED ON THE NORTHEAST CORNER OF PECHANGA PARKWAY AND LOMA LINDA ROAD (APNS: 961-450-003, 961-450-012, 961-450-013)." G. At the conclusion of the Planning Commission hearing and after due consideration of the entire record before the Planning Commission hearing, and after due consideration of the testimony regarding the proposed Project, the Planning Commission adopted Resolution No. 17-28, "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DEVELOPMENT PLAN APPLICATION TO ALLOW FOR 245 RESIDENTIAL MARKET RATE UNITS CONSISTING OF DETACHED/ATTACHED CLUSTER, AND DUPLEX/TRIPLEX UNITS TOTALING APPROXIMATELY 439,341 SQUARE FEET AND THE CONVERSION OF A 0.67-ACRE OFF-SITE EXISTING CONCRETE DRAINAGE DITCH INTO A LANDSCAPED INFILTRATION BASIN AND MAKING IMPROVEMENT TO PALA PARK AND ADDITIONAL OFF-SITE LANDSCAPE IMPROVEMENTS NORTH OF THE PROJECT SITE ALONG PECHANGA PARKWAY (APNS: 961-450-003, 961-450-012, 961-450-013) (PA15-1892)." H. On September 5, 2017, the City Council of the City of Temecula considered the Project and the EIR, Mitigation Monitoring and Reporting Program, and 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 Project and the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations prior to and at the public hearing. I. Following the public hearing, the Council adopted Resolution No. 17- "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 ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE Cypress Ridge PROJECT, CONSISTING OF APPROXIMATELY 22.73 ACRES, GENERALLY LOCATED ON THE NORTHEAST CORNER OF PECHANGA PARKWAY AND LOMA LINDA ROAD (APNS: 961-450-003, 961-450-012, 961-450-013)." Resolution No. 17- and the findings therein are hereby incorporated by this reference as set forth in full. J. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Legislative Findings. The City Council in approving the Project, pursuant to Temecula Municipal Code Section, 17.05.010, hereby finds, determines and declares that: A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City; The Project proposes a General Plan amendment. The current General Plan amendment designation for the Project area is Professional Office (PO). The amendment would change this to Medium Density (M) residential. The revised designation will allow the Project area to be consistent with the overall residential character of the Pechanga Parkway corridor. The Project is therefore in conformance with the General Plan. The site is properly planned and zoned, and as conditioned, is physically suitable for the type of development proposed. The Project, as conditioned, is also consistent with other applicable requirements of State law and local Ordinances, including the California Environmental Quality Act(CEQA), the Citywide Design Guidelines, and Fire and Building codes. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare; The overall design of the Project, including the site, building, parking, circulation and other associated site improvements, is consistent with, and intended to protect the health and safety of those working and living in an around the site. The Project has been reviewed for, and as conditioned, has been found to be 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. Section 3. Conditions of Approval. The City Council of the City of Temecula approves Planning Application No. PA15-1892, a development plan application to allow for the construction of 245 residential market rate units consisting of cluster, and duplex/triplex units totaling approximately 439,341 square feet, the conversion of a 0.67 acre existing concrete drainage ditch into a landscaped infiltration basin, improvements to Pala Park and additional off-site landscape improvements north of the Project site along Pechanga Parkway, subject to the Conditions of Approval set forth in Exhibit A, attached hereto, and incorporated herein by this reference. Section 4. Effective Date. This Resolution shall take effect upon the effective date of Ordinance No. 17, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 17 OF THE TEMECULA ZONING CODE TO ADD A NEW ARTICLE XVI (CYPRESS RIDGE PLANNED DEVELOPMENT OVERLAY DISTRICT 15) TO CHAPTER 17.22 (PLANNED DEVELOPMENT OVERLAY ZONING DISTRICT) ON A 22.73 ACRE SITE GENERALLY LOCATED ON THE NORTHEAST CORNER OF PECHANGA PARKWAY AND LOMA LINDA ROAD (APNS: 961-450-003, 961-450-012, 961-450-013) AND AMENDING THE TEMECULA ZONING MAP (PA15-1895)." Section 5. Certification. The City Clerk shall certify to the adoption of this Resolution and it shall become effective upon its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 5th day of September, 2017. Maryann Edwards, 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. 17- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 5th day of September, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk Planning Application No.: Project Description: Assessor's Parcel No.: MSHCP Category: DIF Category: TUMF Category: Quimby Category: New Street In -lieu of Fee: Approval Date: Expiration Date: PLANNING DIVISION EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL PA 15-1892 Cypress Ridge Development Plan: A Development Plan to allow for the construction of a 245 unit multi -family development generally located on the northeast corner of Pechanga Parkway and Loma Linda Road 961-450-013 961-450-012 961-450-003 Between 8.1 and 14.0 DU Residential Attached/Residential Detached Residential Multi -Family Multi -Family Attached (5 or More Units)/Multi-Family Attached (2-4 Units)/Single-Family (Attached Garage) Not Located in the Uptown Jefferson Specific Plan September 5, 2017 September 5, 2020 Within 48 Hours of the Approval 1. Filing Notice of Determination. The applicant/developer shall deliver to the Planning Division a cashier's check or money order made payable to the County Clerk in the amount of Three Thousand One Hundred and Twenty-eight Dollars and Zero Cents ($3,128.00) which includes the Three Thousand and Seventy-eight Dollars and Zero Cents ($3,078.00) fee, required by Fish and Wildlife Code Section 711.4(d)(3) plus the Fifty Dollars ($50.00) County administrative fee, to enable the City to file the Notice of Determination for the Environmental Impact Report required under Public Resources Code Section 21152 and California Code of Regulations Section 15904. If within said 48-hour period the applicant/developer has not delivered to the Planning Division the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Wildlife Code Section 711.4(c)). General Requirements 2. Indemnification of the City. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City and its attorneys from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. 3. Expiration. This approval shall be used within three years of the approval date; otherwise, it shall become null and void. Use means the beginning of substantial construction contemplated by this approval within the three-year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval, or use of a property in conformance with a Conditional Use Permit. 4. Time Extension. The Director of Community Development may, upon an application being filed prior to expiration, and for good cause, grant up to five extensions of time, one year at a time. 5. Compliance with EIR. The project and all subsequent projects within this site shall comply with all mitigation measures identified within EIR No. 2016051073. 6. Conformance with Approved Plans. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Division. 7. Landscape Maintenance. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Director of Community Development. If it is determined that the landscaping is not being maintained, the Director of Community Development shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. 8. Burrowing Owl Study Submittal. A Burrowing Owl Study shall be submitted prior to plan check approval for the grading permit. If construction is delayed or suspended for more than 30 days after the survey, the area shall be resurveyed. 9. Water Quality and Drainage. Other than stormwater, it is illegal to allow liquids, gels, powders, sediment, fertilizers, landscape debris, and waste from entering the storm drain system or from leaving the property. To ensure compliance with this Condition of Approval: a. Spills and leaks shall be cleaned up immediately. b. Do not wash, maintain, or repair vehicles onsite. c. Do not hose down parking areas, sidewalks, alleys, or gutters. d. Ensure that all materials and products stored outside are protected from rain. e. Ensure all trash bins are covered at all times. 10. Paint Inspection. The applicant shall paint a three -foot -by -three-foot section of the building for Planning Division inspection, prior to commencing painting of the building. 11. Photographic Prints. The applicant shall submit to the Planning Division for permanent filing two 8" X 10" glossy photographic color prints of the approved color and materials board and the colored architectural elevations. All labels on the color and materials board and elevations shall be readable on the photographic prints. 12. Materials and Colors. The Conditions of Approval specified in this resolution, to the extent specific items, materials, equipment, techniques, finishes or similar matters are specified, shall be deemed satisfied by City staffs prior approval of the use or utilization of an item, material, equipment, finish or technique that City staff determines to be the substantial equivalent of that required by the Conditions of Approval. Staff may elect to reject the request to substitute, in which case the real party in interest may appeal, after payment of the regular cost of an appeal, the decision to the Planning Commission for its decision. Main Walls: White Fever (DEW345), Oatmeal Cookie (DEC763), Ivory Oats (DE5358), Desert Suede (DE6206), Cream Wave (DE6198); Trim: Cherry Cola (DEA156), Rich Mocha (DEA159), Log Cabin (DEA162), Bison Beige (DEC750), Black Russian (DE6391); Roof Tiles: S-type roof Santa Barbara blend (SMC8403), flat roof Kona Red Range (4698) - Eagle blend (4680) - Sierra blend (SHP8707); Garage Doors: Amarr Garage Doors - Four Board; Front Doors: ThermaTru, Classic Craft Rustic CCR205A, CCR205; Ceramic Tiles: Dal Tile, aged copper clover inserts and field tile CM01; Vinyl Shutters: Mid-America Four Board; Stone Veneer: Coronado Stone - Honey Ledge 13. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 14. Trash Enclosures. The trash enclosures shall be large enough to accommodate a recycling bin, as well as regular solid waste containers. 15. Trash Enclosures. Trash enclosures shall be provided to house all trash receptacles utilized on the site. These shall be clearly labeled on the site plan. 16. Covered Trash Enclosures. All trash enclosures on site shall include a solid cover and the construction plans shall include all details of the trash enclosures, including the solid cover. 17. Subdivision Map Act. The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance No. 460, unless modified by the conditions listed below. An Extension of Time may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 60 days prior to the expiration date. 18. Construction and Demolition Debris. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris and shall provide the Planning Division verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul demolition and construction debris. 19. Public Art Ordinance. The applicant shall comply with the requirements of the City's Public Art Ordinance as defined in Section 5.08 of the Temecula Municipal Code. 20. Property Maintenance. All parkways, including within the right-of-way, entryway median, landscaping, walls, fencing, recreational facilities, and on-site lighting shall be maintained by the property owner or maintenance association. 21. Class I Multi -Use Trails. Class I multi -use trails shall be provided as per the City of Temecula's Multi -Use Trails and Bikeways Master Plan. The construction plans for the Class 1 trails shall be included on the perimeter landscape plans and constructed in concurrence with the installation of the landscaping. 22. Class 11 Bicycle Lanes. Class 11 bicycle lanes, as specified in the City of Temecula Multi -Use Trails and Bikeways Master Plan, shall be identified on the street improvement plans, and constructed in concurrence with the street improvements. 23. Fiscal Impact Analysis Compliance. Any development within Planned Development Overlay 15 will be required to address impacts to the City's budget as a result of the increased costs to the City of providing public safety and other municipal services to the Project area substantially exceeding the municipal revenue generated from the Project ("City Services Deficit"). The City has received a Fiscal Impact Analysis, dated as of July, 2017 ("FIA"), documenting the City Services Deficit. The owners of the property within the Project, and their successors in interest, shall pay the City the sum of four hunderd thirty-nine dollars ($439) per residential dwelling unit within the Project each year as mitigation for the City Services Deficit. Owner and its successors to the property within the Project may fulfill this obligation through a community facilities district established by the City pursuant to the Mello -Roos Community Facilities District Act of 1982, Government Code Section 53311, et seq., or other appropriated financing mechanism approved by the City; provided, however, the obligation of each owner and their successors to pay the City Services Deficit payment under this obligation remains an obligation of the owner and its successors regardless of the financing mechanism used to pay it and regardless of whether there is a financing mechanism to pay it. 24. General. Each unit shall be combatable with available special needs options if ordered by the original purchaser. These options include, but are not limited to: Sound absorbent ceilings and walls Fiberglass reinforced plastic over walls and/or soft walls Tempered glass windows and mirrors Natural light with sky lights or sun tubes Clerestory lighting Bathroom with 4' tiled walls and flooring with floor drains Bathroom plumbing with scald -prevention Fiberglass and Dutch doors Automatic swing door operator Pre -wiring for security systems Wider doors Prior to Issuance of Grading Permit 25. Placement of Transformer. Provide the Planning Division with a copy of the underground water plans and electrical plans for verification of proper placement of transformer(s) and double detector check valves prior to final agreement with the utility companies. 26. Placement of Double Detector Check Valves. Double detector check valves shall be installed at locations that minimize their visibility from the public right-of-way, subject to review and approval by the Director of Community Development. 27. Archaeological/Cultural Resources Grading Note. The following shall be included in the Notes Section of the Grading Plan: "If at any time during excavation/construction of the site, archaeological/cultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Director of Community Development at his/her sole discretion may require the property owner to deposit a sum of money it deems reasonably necessary to allow the City to consult and/or authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the discovery is not an archaeological/ cultural resource, the Planning Director shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeological/cultural resource, the Planning Director shall notify the property owner that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Planning Director." 28. Cultural Resources Treatment Agreement. The developer is required to enter into a Cultural Resources Treatment Agreement with the Pechanga Tribe. The agreement shall be in place prior to issuance of a grading permit. To accomplish this, the applicant should contact the Pechanga Tribe no less than 30 days and no more than 60 days prior to issuance of a grading permit. This Agreement will address the treatment and disposition of cultural resources, the designation, responsibilities, and participation of professional of professional Pechanga Tribal monitors during grading, excavation and ground disturbing activities; project grading and development scheduling; terms of compensation for the monitors; and treatment and final disposition of any cultural resources, sacred sites, and human remains discovered onsite. The Pechanga monitor's authority to stop and redirect grading will be exercised in consultation with the project archaeologist in order to evaluate the significance of any potential resources discovered on the property. Pechanga and archaeological monitors shall be allowed to monitor all grading, excavation and groundbreaking activities, and shall also have the limited authority to stop and redirect grading activities should an inadvertent cultural resource be identified. 29. Discovery of Cultural Resources. The following shall be included in the Notes Section of the Grading Plan: "If cultural resources are discovered during the project construction (inadvertent discoveries), all work in the area of the find shall cease, and the qualified archaeologist and the Pechanga monitor shall investigate the find, and make recommendations as to treatment." 31. Archaeological Monitoring Notes. The following shall be included in the Notes Section of the Grading Plan: "A qualified archaeological monitor will be present and will have the authority to stop and redirect grading activities, in consultation with the Pechanga Tribe and their designated monitors, to evaluate the significance of any potential resources discovered on the property." 32. Tribal Monitoring Notes. The following shall be included in the Notes Section of the Grading Plan: "A Pechanga Tribal monitor will be present and will have the authority to stop and redirect grading activities, in consultation with the project archaeologist and their designated monitors, to evaluate the significance of any potential resources discovered on the property." 33. Relinquishment of Cultural Resources. The following shall be included in the Notes Section of the Grading Plan: "The landowner agrees to relinquish ownership of all cultural resources, including all archaeological artifacts that are found on the project area, to the Pechanga Tribe for proper treatment and disposition." 34. Preservation of Sacred Sites. The following shall be included in the Notes Section of the Grading Plan: "All sacred sites are to be avoided and preserved." 35. MSHCP Pre -Construction Survey. A 30 -day preconstruction survey, in accordance with MSHCP guidelines and survey protocol, shall be conducted prior to ground disturbance. The results of the 30 -day preconstruction survey shall be submitted to the Planning Division prior to scheduling the pre -grading meeting with Public Works. If construction is delayed or suspended for more than 30 days after the survey, the area shall be resurveyed. 36. Burrowing Owl Grading Note. The following shall be included in the Notes Section of the Grading Plan: "No grubbing/clearing of the site shall occur prior to scheduling the pre -grading meeting with Public Works. All project sites containing suitable habitat for burrowing owls, whether owls were found or not, require a 30 -day preconstruction survey that shall be conducted within 30 days prior to ground disturbance to avoid direct take of burrowing owls. If the results of the survey indicate that no burrowing owls are present on-site, then the project may move forward with grading, upon Planning Division approval. If burrowing owls are found to be present or nesting on-site during the preconstruction survey, then the following recommendations must be adhered to: Exclusion and relocation activities may not occur during the breeding season, which is defined as March 1 through August 31, with the following exception: From March 1 through March 15 and from August 1 through August 31 exclusion and relocation activities may take place if it is proven to the City and appropriate regulatory agencies (if any) that egg laying or chick rearing is not taking place. This determination must be made by a qualified biologist." If construction is delayed or suspended for more than 30 days after the survey, the area shall be resurveyed. 37. Rough Grading Plans. A copy of the Rough Grading Plans shall be submitted and approved by the Planning Division. 38. Archaeologist Retained. Prior to beginning project construction, the Project Applicant shall retain a Riverside County qualified/City of Temecula approved archaeological monitor to monitor all ground -disturbing activities in an effort to identify any unknown archaeological resources. Any newly discovered cultural resource deposits shall be subject to a cultural resources evaluation. The archaeological monitors authority to stop and redirect grading will be exercised in consultation with the Pechanga Tribe in order to evaluate the significance of any potential resources discovered on the property. Pechanga and archaeological monitors shall be allowed to monitor all grading, excavation and ground breaking activities, and shall also have the limited authority to stop and redirect grading activities should an inadvertent cultural resource be identified. The archaeologist shall provide a final monitoring report at the end of all earthmoving activities to the City of Temecula, the Pechanga Tribe and the Eastern Information Center at UC, Riverside. 39. Human Remains. If human remains are encountered, California Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to California Public Resources Code Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission must be contacted within 24 hours. The Native American Heritage Commission must then immediately identify the "most likely descendant(s)" of receiving notification of the discovery. The most likely descendant(s) shall then make recommendations within 48 hours, and engage in consultations concerning the treatment of the remains as provided in Public Resources Code 5097.98 and the Treatment Agreement described in these conditions. Prior to Issuance of Building Permit 40. Transportation Uniform Mitigation Fee (TUMF). The City of Temecula adopted an ordinance on March 31, 2003 to collect fees for a Riverside County area wide Transportation Uniform Mitigation Fee (TUMF). This project is subject to payment of these fees at the time of building permit issuance. The fees are subject to the provisions of Chapter 15.08 of the Temecula Municipal Code and the fee schedule in effect at the time of building permit issuance. 41. Development Impact Fee (DIF). The developer shall comply with the provisions of Title 15, Chapter 15.06 of the Temecula Municipal Code and all its resolutions by paying the appropriate City fee. 42. Construction Landscaping and Irrigation Plans. Four (4) copies of Construction Landscaping and Irrigation Plans shall be reviewed and approved by the Planning Division. These plans shall be submitted as a separate submittal, not as part of the building plans or other plan set. These plans shall conform to the approved conceptual landscape plan, or as amended by these conditions. The location, number, height and spread, water usage or KC value, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance and Water Storage Contingency Plan per the Rancho California Water District. The plans shall be accompanied by the appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal) and one copy of the approved Grading Plan. 43. Landscaping Site Inspections. The Landscaping and Irrigation Plans shall include a note stating, "Three landscape site inspections are required. The first inspection will be conducted at installation of irrigation while trenches are open. This will verify that irrigation equipment and layout is per plan specifications and details. Any adjustments or discrepancies in actual conditions will be addressed at this time and will require an approval to continue. Where applicable, a mainline pressure check will also be conducted. This will verify that the irrigation mainline is capable of being pressurized to 150 psi for a minimum period of two hours without loss of pressure. The second inspection will verify that all irrigation systems are operating properly, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The third inspection will verify property landscape maintenance for release of the one-year landscape maintenance bond." The applicant/owner shall contact the Planning Division to schedule inspections. 44. Agronomic Soils Report. The Landscaping and Irrigation Plans shall include a note on the plans stating, "The contractor shall provide two copies of an agronomic soils report at the first irrigation inspection." 45. Water Usage Calculations. The Landscaping and Irrigation Plans shall include water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance), the total cost estimate of plantings and irrigation (in accordance with approved plan). Applicant shall use evapotranspiration (ETo) factor of 0.70 for calculating the maximum allowable water budget. 46. Landscape Maintenance Program. A landscape maintenance program shall be submitted to the Planning Division for approval. The landscape maintenance program shall detail the proper maintenance of all proposed plant materials to assure proper growth and landscape development for the long-term esthetics of the property. The approved maintenance program shall be provided to the landscape maintenance contractor who shall be responsible to carry out the detailed program. 47. Specifications of Landscape Maintenance Program. Specifications of the landscape maintenance program shall indicate, "Three landscape site inspections are required. The first inspection will be conducted at installation of irrigation while trenches are open. This will verify that irrigation equipment and layout is per plan specifications and details. Any adjustments or discrepancies in actual conditions will be addressed at this time and will require an approval to continue. Where applicable, a mainline pressure check will also be conducted. This will verify that the irrigation mainline is capable of being pressurized to 150 psi for a minimum period of two hours without loss of pressure. The second inspection will verify that all irrigation systems are operating properly, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The third inspection will verify property landscape maintenance for release of the one-year landscape maintenance bond." The applicant/owner shall contact the Planning Division to schedule inspections. 48. Irrigation. The landscaping plans shall include automatic irrigation for all landscaped areas and complete screening of all ground mounted equipment from view of the public from streets and adjacent property for private common areas; front yards and slopes within individual lots; shrub planting to completely screen perimeter walls adjacent to a public right-of-way equal to 66 feet or larger; and, all landscaping excluding City maintained areas and front yard landscaping which shall include, but may not be limited to, private slopes and common areas. 49. Hardscaping. The landscape plans shall include all hardscaping for equestrian trails and pedestrian trails within private common areas. 50. Wall and Fence Plans. Wall and fence plans shall be consistent with the Conceptual Landscape Plans showing the height, location and the following materials for all walls and fences: Decorative block for the perimeter of the project adjacent to a public right-of-way equal to 66 feet or larger and the side yards for corner lots. Wrought iron or decorative block and wrought iron combination to take advantage of views for side and rear yards. Wood fencing shall be used for all side and rear yard fencing when not restricted/conditioned outlined above. 51. Precise Grading Plans. Precise Grading Plans shall be consistent with the approved rough grading plans including all structural setback measurements. 52. Building Construction Plans for Outdoor Areas. Building Construction Plans shall include detailed outdoor areas (including but not limited to trellises, decorative furniture, fountains, hardscape, etc.) to match the style of the building subject to the approval of the Director of Community Development. 53. Landscaping Requirement for Phased Development. If any phase or area of the project site is not scheduled for development within six months of the completion of grading, the landscaping plans shall indicate it will be temporarily landscaped and irrigated for dust and soil erosion control. 54. WQMP Landscape Compliance. The construction landscape plans shall be consistent with Appendix A, Table 31 of the Low Impact Development (LID) Manual for Southern California for plant materials and treatment facilities, and shall reference the approved precise grading plan for WQMP features. 55. Roof -Mounted Mechanical Equipment. Roof -mounted mechanical equipment shall not be permitted within the subdivision; however, solar equipment or any other energy saving devices shall be permitted with Director of Community Development approval. 56. Utility Screening. All utilities shall be screened from public view. Landscape construction drawings shall show and label all utilities and provide appropriate screening. Provide a three-foot clear zone around fire check detectors as required by the Fire Department before starting the screen. Group utilities together in order to reduce intrusion. Screening of utilities is not to look like an after -thought. Plan planting beds and design around utilities. Locate all light poles on plans and ensure that there are no conflicts with trees. 57. General. All off-site landscape improvements along Pechanga Parkway north of the project site and landscape improvements within the former concrete drainage shall be installed prior to issuance of the first certificate of occupancy. The applicant shall provide the City with a completion bond before the start of work. This off-site landscaping shall be maintained by the developer, developer's successor or assignee, or HOA in perpetuity. 58. General. Improvements to Pala Park shall begin no later than after receiving 25% of occupancy. These improvements shall be completed no later than after receiving 50% of occupancy. The applicant shall provide the City with a completion bond before the start of work. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit 59. Screening of Loading Areas. The applicant shall be required to screen all loading areas and roof mounted mechanical equipment from view of the adjacent residences and public right-of-ways. If upon final inspection it is determined that any mechanical equipment, roof equipment or backs of building parapet walls are visible from any portion of the public right-of-way adjacent to the project site, the developer shall provide screening by constructing a sloping tile covered mansard roof element or other screening reviewed and approved by the Director of Community Development. 60. Landscape Installation Consistent with Construction Plans. All required landscape planting and irrigation shall have been installed consistent with the approved construction plans and shall be in a condition acceptable to the Director of Community Development. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 61. Performance Securities. Performance securities, in amounts to be determined by the Director of Community Development, to guarantee the maintenance of the plantings in accordance with the approved construction landscape and irrigation plan, shall be filed with the Planning Division for a period of one year from final Certificate of Occupancy. After that year, if the landscaping and irrigation system have been maintained in a condition satisfactory to the Director of Community Development, the bond shall be released upon request by the applicant. 62. Installation of Site Improvements. All site improvements, including but not limited to, parking areas and striping shall be installed. 63. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. 64. Front Yard and Slope Landscaping. Front yard and slope landscaping within individual lots shall be completed for inspection. 66. Private Common Area Landscaping. Private common area landscaping shall be completed for inspection prior to issuance of the (enter #) occupancy permit. 68. HOA Landscaping. HOA landscaping shall be completed for inspection for those lots adjacent to HOA landscaped area. Outside Agencies 70. Flood Protection. Flood protection shall be provided in accordance with the Riverside County Flood Control Districts transmittal dated February 10, 2016, a copy of which is attached. The fee is made payable to the Riverside County Flood Control Water District by either a cashier's check or money order, prior to the issuance of a grading permit (unless deferred to a later date by the District), based upon the prevailing area drainage plan fee. 71. Compliance with Dept. of Environmental Health. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated June 22, 2017, a copy of which is attached. 72. Compliance with EMWD. The applicant shall comply with the recommendations set forth in the Eastern Municipal Water District's transmittal dated October 29, 2015, a copy of which is attached. 73. Compliance with RCWD. The applicant shall comply with the recommendations set forth in the Rancho California Water District's transmittal dated November 16, 2015, a copy of which is attached. PUBLIC WORKS DEPARTMENT General Requirements 74. Conditions of Approval. The developer shall comply with all Conditions of Approval, the Engineering and Construction Manual and all City codes/standards at no cost to any governmental agency. 75. Entitlement Approval. The developer shall comply with the approved site plan, the conceptual Water Quality Management Plan (VVQMP) and other relevant documents approved during entitlement. Any significant omission to the representation of site conditions may require the plans to be resubmitted for further review and revision. 76. Precise Grading Permit. A precise grading permit for on site improvements (outside of public right-of-way) shall be obtained from Public Works. 77. Haul Route Permit. A haul route permit may be required when soils are moved on public roadways to or from a grading site. The developer/contractor is to verify if the permit is required. If so, he shall comply with all conditions and requirements per the City's Engineering and Construction Manual and as directed by Public Works. 78. Encroachment Permits. Prior to commencement of any applicable construction, encroachment permit(s) are required; and shall be obtained from Public Works for public offsite improvements. 79. Street Improvement Plans. The developer shall submit public/private street improvement plans for review and approval by Public Works. The plans shall be in compliance with Caltrans and City codes/standards; and shall include, but not limited to, plans and profiles showing existing topography, existing/proposed utilities, proposed centerline, top of curb and flow line grades. 80. Right -of -Way Dedications. All easements and/or right-of-way dedications shall be offered to the public or other appropriate agency and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by Public Works. 81. Signing & Striping Plan. A signing & striping plan, designed by a registered civil engineer per the latest edition of Caltrans MUTCD standards, shall be included with the street improvement plans for approval. 82. Storm Drain Improvement Plans. The developer shall submit storm drain improvement plans if the street storm flows exceeds top of curb for the 10 -year storm event and/or is not contained within the street right-of-way for the 100 -year storm event. A manhole shall be constructed at right-of-way where a private and public storm drain systems connect. The plans shall be approved by Public Works. 83. Private Drainage Facilities. maintained. 84. Perimeter improvements. maintained. Prior to Issuance of a Grading Permit All onsite drainage and water quality facilities shall be privately All perimeter landscaping and D.G. trail shall be privately 85. Environmental Constraint Sheet (ECS). The developer shall comply with all constraints per the recorded ECS with any underlying maps related to the subject property. 86. Required Clearances. As deemed necessary by Public Works, the developer shall receive written clearance from the following agencies: a. San Diego Regional Water Quality Control Board; b. Army Corps of Engineers; c. California Department of Fish and Wildlife; d. Riverside County Flood Control and Water Conservation District; or other affected agencies. 87. Grading/Erosion & Sediment Control Plan. The developer shall submit a grading/erosion & sediment control plan(s) to be reviewed and approved by Public Works. All plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site. The approved plan shall include all construction -phase pollution -prevention controls to adequately address non -permitted runoff. Refer to the City's Engineering & Construction Manual at: www.TemeculaCA.gov/ECM 88. Erosion & Sediment Control Securities. The developer shall comply with the provisions of Chapter 24, Section 18.24.140 of the Temecula Municipal Code by posting security and entering into an agreement to guarantee the erosion & sediment control improvements. 89. NPDES General Permit Compliance. The developer shall obtain project coverage under the State National Pollutant Discharge Elimination System (NPDES) General Permit for Construction Activities and shall provide the following: a. A copy of the Waste Discharge Identification Number (WDID) issued by the State Water Resources Control Board (SWRCB); b. The project's Risk Level (RL) determination number; and c. The name, contact information and certification number of the Qualified SWPPP Developer (QSD) Pursuant to the State Water Resources Control Board (SWRCB) requirements and City's storm water ordinance, a Storm Water Pollution Prevention Plan (SWPPP) shall be generated and submitted to the Board. Throughout the project duration, the SWPPP shall be routinely updated and readily available (onsite) to the State and City. Review www.cabmphandbooks.com for SWPPP guidelines. Refer to the following link: http://www.waterboards.ca.gov/water issues/programs/stormwater/construction.shtml 90. Water Quality Management Plan (WQMP) and O&M Agreement. The developer shall submit a final WQMP (prepared by a registered professional engineer) with the initial grading plan submittal, based on the conceptual WQMP from the entitlement process. It must receive acceptance by Public Works. A copy of the final project -specific WQMP must be kept onsite at all times. In addition, a completed WQMP Operation and Maintenance (O&M) Agreement shall be submitted for review and approval. Upon approval from City staff, the applicant shall record the O&M agreement at the County Recorder's Office in Temecula. Refer to the WQMP template and agreement link below: www.TemeculaCA.gov/WQMP 91. Area Drainage Plan (ADP) Fee to RCFC&WCD. The developer shall demonstrate to the City that the flood mitigation charge (ADP fee) has been paid to RCFC&WCD. If the full ADP fee has already been credited to this property, no new charge will be required. 92. RCFC&WCD Approval. A copy of the grading and improvement plans, along with supporting hydrologic and hydraulic calculations, shall be submitted to the Riverside County Flood Control and Water Conservation District for approval. 93. Drainage. All applicable drainage shall be depicted on the grading plan and properly accommodated with onsite drainage improvements and water quality facilities, which shall be privately maintained. Alterations to existing drainage patterns or concentration and/or diverting flows is not allowed unless the developer constructs adequate drainage improvements and obtains the necessary permissions from the downstream property owners. All drainage leaving the site shall be conveyed into a public storm drain system, if possible. The creation of new cross lot drainage is not permitted. 94. Drainage Study. A drainage study shall be prepared by a registered civil engineer and submitted to Public Works with the initial grading plan check in accordance with City, Riverside County and engineering standards. The study shall identify storm water runoff quantities (to mitigate the 100 -year storm event) from the development of this site and upstream of the site. It shall identify all existing or proposed offsite or onsite, public or private, drainage facilities intended to discharge this runoff. Runoff shall be conveyed to an adequate outfall capable of receiving the storm water runoff without damage to public or private property. The study shall include a capacity analysis verifying the adequacy of all facilities. Any upgrading or upsizing of drainage facilities necessary to convey the storm water runoff shall be provided as part of development of this project. 95. Soils Report. A soils report, prepared by a registered soil or civil engineer, shall be submitted to Public Works with the initial grading plan submittal. The report shall address the site's soil conditions and provide recommendations for the construction of engineered structures and preliminary pavement sections. 96. Geological Report. The developer shall complete any outstanding County geologist's requirements, recommendations and/or proposed Conditions of Approval as identified during entitlement. 97. Letter of Permission/Easement. The developer shall obtain documents (letters of permission or easements) for any offsite work performed on adjoining properties. The document's format is as directed by, and shall be submitted to, Public Works for acceptance. The document information shall be noted on the approved grading plan. 98. Driveways. All units shall be provided with zero clearance garage doors and garage door openers if the driveway is less than 18' in depth from back of sidewalk. 99. Gate Entrances. If gates are being proposed at project entrances, the configuration, stacking distance and turn -around ability shall be reviewed and approved by Public Works and the Fire Department. 100. Sight Distance. The developer shall limit landscaping in the corner cut-off area of all street intersections and adjacent to driveways to provide for minimum sight distance and visibility. 101. Habitat Conservation Fee. The developer shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in the ordinance or by providing documented evidence that the fees have already been paid. 102. Fair Share Contribution analysis. Prior to map recordation or grading permit, whichever comes first, the developer shall prepare and submit a cost analysis for its fair share contribution for approval, per City requirements, for offsite improvements as identified in the Project's Transportation Impact Analysis dated November 2016 (Appendix H of the EIR). a. 1-15 SB Ramps & Temecula Parkway i. Optimize the AM and PM peak hour traffic signal cycle lengths and splits within the coordinated timing plan. 1. The project's fair share contribution towards this improvement is 100%. b. 1-15 NB Ramps & Temecula Parkway i. Optimize the AM and PM peak hour traffic signal cycle lengths and splits within the coordinated timing plan. ii. The project's fair share contribution towards this improvement is 100%. iii. Loma Linda Road & Pechanga Parkway iv. Optimize the AM and PM peak hour traffic signal cycle lengths and splits within the coordinated timing plan. Since Pechanga Parkway operates an Adaptive Traffic Signal System, the entire corridor will need to be optimized. 1. The project's fair share contribution towards this improvement is 100%. c. 1-15 NB Ramps & Temecula Parkway i. Optimize the AM and PM peak hour traffic signal cycle lengths and splits within the coordinated timing plan. 1. The project's fair share contribution towards this improvement is 4%. d. Loma Linda Road & Pechanga Parkway i. Modify the southbound approach to add a right -turn overlap phase. ii. Optimize the AM and PM peak hour traffic signal cycle lengths and splits within the coordinated timing plan. Since Pechanga Parkway operates an Adaptive Traffic Signal System, the entire corridor will need to be optimized. 1. The project's fair share contribution towards this improvement is 11%. e. La Paz Road & Temecula Parkway i. Optimize the AM and PM peak hour traffic signal cycle lengths and splits within the coordinated timing plan. Since Temecula Parkway operates an Adaptive Traffic Signal System, the entire corridor will need to be optimized. ii. Modify the westbound approach to provide a right turn lane with 300 feet of storage. 1. The project's fair share contribution towards this improvement is 5%. f. 1-15 NB Ramps & Temecula Parkway i. Optimize the AM and PM peak hour traffic signal cycle lengths and splits within the coordinated timing plan. 1. The project's fair share contribution towards this improvement is 3%. g. Pechanga Parkway & Temecula Parkway i. Modify the northbound approach to add one right -turn lane. ii. Modify the eastbound approach to add one right -turn lane. iii. Modify the westbound approach to add one left -turn lane. iv. Optimize the AM and PM peak hour traffic signal cycle lengths and splits within the coordinated timing plan. Since Temecula Parkway and Pechanga Parkway operates Adaptive Traffic Signal Systems, both corridors will require optimization. 1. The project's fair share contribution towards this improvement is 4%. h. Loma Linda Road & Pechanga Parkway i. Modify the southbound approach to add a right -turn overlap phase. ii. Optimize the AM and PM peak hour traffic signal cycle lengths and splits within the coordinated timing plan. Since Pechanga Parkway operates an Adaptive Traffic Signal System, the entire corridor will need to be optimized. 1. The project's fair share contribution towards this improvement is 14%. i. La Paz Road & Temecula Parkway i. Optimize the AM and PM peak hour traffic signal cycle lengths and splits within the coordinated timing plan. Since Temecula Parkway operates an Adaptive Traffic Signal System, the entire corridor will need to be optimized. ii. Modify the westbound approach to provide a right turn lane with 300 feet of storage. 1. The project's fair share contribution towards this improvement is 6%. Prior to Issuance of Encroachment Permit(s) 103. Public Utility Agency Work. The developer shall submit all relevant documentation due to encroaching within City right-of-way; and is responsible for any associated costs and for making arrangements with each applicable public utility agency. 104. Traffic Control Plans. A construction area traffic control plan (TCP) will be required for lane closures and detours or other disruptions to traffic circulation; and shall be reviewed and approved by Public Works. The TCP shall be designed by a registered civil or traffic engineer in conformance with the latest edition of the Caltrans Manual on Uniform Traffic Control Devices (MUTCD) and City standards. 105. Improvement Plans. All improvement plans (including but not limited to street, storm drain, traffic) shall be reviewed and approved by Public Works. 106. Street Trenching. All street trenches shall conform to City Standard No. 407; refer to the City's Paving Notes. Prior to Issuance of Building Permit(s) 107. Final Map. Prior to issuance of the first building permit, except for Model Homes, Tract Map No. 37021 shall be approved and recorded. 108. Fair Share Contribution. Prior to the issuance of the first building permit, the developer shall pay its fair share contribution, per City requirements, for offsite improvements as identified in the Project's Transportation Impact Analysis dated November 2016 (Appendix H of the EIR) 109. Construction of Street Improvements. All street improvement plans shall be approved by Public Works. The developer shall start construction of all public and/or private street improvements, as outlined below, in accordance to the City's General Plan/Circulation Element and corresponding City standards. All street improvement designs shall provide adequate right-of-way and pavement transitions per Caltrans' standards to join existing street improvements. a. Improve Pechanga Parkway (Urban Arterial Modified Standard No. 1006 — 134' R/W with a 18' wide parkway) to include dedication of half -width street right-of-way, installation of parkway improvements to include a D.G. trail with a rail fence, and utilities (including but not limited to water and sewer) b. Improve Loma Linda Road (Modified Secondary Arterial (4 lanes undivided) Modified Standard No. 102 — 88' R/W with a 16' wide parkway) to include dedication of half -width street right-of-way, including removal of existing sidewalk, installation of meandering sidewalk, drainage facilities, signing and striping and utilities (including but not limited to water and sewer). c. Improve Loma Linda Road between Pechanga Parkway and Via Del Coronado to include slurry seal and modification to the existing striping to accommodate a buffered bike lane on both sides of the street and on -street parking adjacent to the project site. The striping modification shall include the removal of existing striping. d. Improve Temecula Lane (Local Street) Standard No. 104 — 60' R/W) to include dedication of half -width street, installation of half -width street improvements plus 12 feet, paving, curb and gutter, sidewalk, streetlights, drainage facilities, signing and striping and utilities (including but not limited to water and sewer) and removal of existing raised landscaped median. e. Install a VCalm LED speed display sign for westbound traffic on Loma Linda Road east of Temecula Lane. f. Install an advance pedestrian crossing signs approximately 200 feet east and west of the Temecula Lane intersection. 110. Street Lights. The developer shall submit a completed SCE street light application, an approved SCE Streetlight Plan and pay the advanced energy fees. If not obtaining a building permit, this shall be done prior to installation of additional street lighting. All costs associated with the relocation of any existing street lights shall be paid by the developer. 111. Certifications. Certifications are required from the registered civil engineer -of -record certifying the building pad elevation(s) per the approved plans and from the soil's engineer -of -record certifying compaction of the building pad(s). Prior to Issuance of a Certificate of Occupancy 112. Completion of Improvements. The developer shall complete all work per the approved plans and Conditions of Approval to the satisfaction of the City Engineer. This includes all on site work (including water quality facilities), public improvements and the executed WQMP Operation and Maintenance agreement. 113. Letter of Map Revision. The Developer shall obtain a Letter of Map Revision (LOMR) from Federal Emergency Management Agency (FEMA) 114. Utility Agency Clearances. The developer shall receive written clearance from applicable utility agencies (i.e., Rancho California and Eastern Municipal Water Districts, etc.) for the completion of their respective facilities and provide to Public Works. 115. Replacement of Damaged Improvements/Monuments. Any appurtenance damaged or broken during development shall be repaired or removed and replaced to the satisfaction of Public Works. Any survey monuments damaged or destroyed shall be reset per City Standards by a qualified professional pursuant to the California Business and Professional Code Section 8771. 116. Certifications. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by Public Works. 117. Signage. Prior to issuance on any Certificate of Occupancy, the developer shall: a. Install a VCalm LED speed display sign for westbound traffic on Loma Linda Road east of Temecula Lane and b. Install an advance pedestrian crossing signs approximately 200 feet east and west of the Temecula Lane intersection. BUILDING AND SAFETY DIVISION General Requirements 118. Final Building and Safety Conditions. Final Building and Safety conditions will be addressed when building construction plans are submitted to Building and Safety for review. These conditions will be based on occupancy, use, the California Building Code (CBC), and related codes which are enforced at the time of building plan submittal. 119. Compliance with Code. All design components shall comply with applicable provisions of the 2016 edition of the California Building, Residential, Plumbing and Mechanical Codes; 2016 California Electrical Code; California Administrative Code, 2016 California Energy Codes, 2016 California Green Building Standards, California Title 24 Disabled Access Regulations, and City of Temecula Municipal Code. 120. ADA Access. Applicant shall provide details of all applicable disabled access provisions and building setbacks on plans to include: a. All ground floor units to be adaptable. b. Disabled access from the public way to the main entrance of the building. c. Van accessible parking located as close as possible to the main entry. d. Path of accessibility from parking to furthest point of improvement. e. Path of travel from public right-of-way to all public areas on site, such as club house, trash encloser tot lots and picnic areas. 121. County of Riverside Mount Palomar Ordinance. Applicant shall submit, at time of plan review, a complete exterior site lighting plan showing compliance with County of Riverside Mount Palomar Ordinance Number 655 for the regulation of light pollution. All streetlights and other outdoor lighting shall be shown on electrical plans submitted to the Building and Safety Division. Any outside lighting shall be hooded and aimed not to shine directly upon adjoining property or public rights-of-way. All exterior LED light fixtures shall be 3,000 kelvin or below. 122. Street Addressing. Applicant must obtain street addressing for all proposed buildings by requesting street addressing and submitting a site plan for commercial or multi -family residential projects or a recorded final map for single-family residential projects. 123. Clearance from TVUSD. A receipt or clearance letter from the Temecula Valley Unified School District shall be submitted to the Building and Safety Department to ensure the payment or exemption from School Mitigation Fees. 124. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 125. Obtaining Separate Approvals and Permits. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. Solid covers are required over new and existing trash enclosures. 126. Demolition. Demolition permits require separate approvals and permits. 127. Sewer and Water Plan Approvals. On-site sewer and water plans will require separate approvals and permits. 128. Hours of Construction. Signage shall be prominently posted at the entrance to the project, indicating the hours of construction, as allowed by the City of Temecula Municipal Ordinance 9.20.060, for any site within one-quarter mile of an occupied residence. The permitted hours of construction are Monday through Saturday from 7:00 a.m. to 6:30 p.m. No work is permitted on Sundays and nationally recognized Government Holidays. 129. House Electrical Meter. Provide a house electrical meter to provide power for the operation of exterior lighting, irrigation pedestals and fire alarm systems for each building on the site. Developments with single user buildings shall clearly show on the plans how the operation of exterior lighting and fire alarm systems when a house meter is not specifically proposed. 130. Protection of drains and penetration. Protection of joints and penetrations in fire resistance -rated assemblies shall not be concealed from view until inspected for all designed fire protection. Required fire seals/fire barriers in fire assemblies at fire resistant penetrations shall be installed by individuals with classification or certification covering the installation of these systems. Provide certification for the installation of each area and certification of compliance for Building Official's approval. At Plan Review Submittal 131. Submitting Plans and Calculations. Applicant must submit to Building and Safety four (4) complete sets of plans and two (2) sets of supporting calculations for review and approval including: a. An electrical plan including load calculations and panel schedule, plumbing schematic, and mechanical plan applicable to scope of work. b. A Sound Transmission Control Study in accordance with the provisions of the Section 1207, of the 2016 edition of the California Building Code. c. A precise grading plan to verify accessibility for persons with disabilities. d. Truss calculations that have been stamped by the engineer of record of the building and the truss manufacturer engineer. Prior to Issuance of Grading Permit(s) 132. Onsite Water and Sewer Plans. Onsite water and sewer plans, submitted separately from the building plans, shall be submitted to Building and Safety for review and approval. 133. Demolition Permits. A demolition permit shall be obtained if there is an existing structure to be removed as part of the project. Prior to Issuance of Building Permit(s) 134. Plans Require Stamp of Registered Professional. Applicant shall provide appropriate stamp of a registered professional with original signature on the plans. Prior to Beginning of Construction 135. Pre -Construction Meeting. A pre -construction meeting is required with the building inspector prior to the start of the building construction. FIRE PREVENTION General Requirements 136. Fire Hydrants. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix C. Standard fire hydrants (6" x 4" x (2) 2 1/2" outlets) shall be located on fire access roads and adjacent public streets. For all Commercial and multi -family projects hydrants shall be spaced at 350 feet apart, and shall be located no more than 210 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The fire line will be required to be a looped fire system. (CFC Appendix C and Temecula City Ordinance 15.16.020). 137. Fire Hydrant Clearance. As required by the California Fire Code, when any portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet from a hydrant on a fire apparatus road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the fire code official. (CFC Chapter 5). 138. Fire Dept. Plan Review. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 139. Fire Flow. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial and residential buildings per CFC Appendix B. The developer shall provide for this project, a water system capable of delivering 2,000 GPM at 20 -PSI residual operating pressure for a 2 -hour duration. The fire flow as given above has taken into account all information as provided. (CFC Appendix B and Temecula City Ordinance 15.16.020). 140. Fire Requirement. The Tri-Plex Buildings and 8-plex buildings will all have their own dedicated fire sprinkler riser room. Each of these buildings will have a room that will house only the fire sprinkler riser and fire alarm control panel for each building. It will not share with any other equipment. The fire department connection for these type buildings can be wall mounted and placed on the riser room wall on the exterior of the building. They must be completely accessible. The fire riser room door shall not be blocked in any manner and be easily accessible from the street. The duplexes and single family dwellings will be equipped with residential fire sprinklers and those fire sprinkler risers will be located in the garage of each of those buildings. Prior to Issuance of Grading Permit(s) 141. Access Road Widths. Fire Department vehicle access roads shall have an unobstructed width of not less than 24 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches (CFC Chapter 5 and City Ordinance 15.16.020). 142. Gradient Of Access Roads. The gradient for fire apparatus access roads shall not exceed 15 percent (CFC Chapter 5 and City Ordinance 15.16.020). 143. Fire Dept. Turnaround. Dead end roadways and streets in excess of 150 feet shall have a turnaround capable of accommodating fire apparatus (CFC Chapter 5 and City Ordinance 15.16.020). Prior to Issuance of Building Permit(s) 144. Required Submittals (Fire Underground Water). The developer shall furnish three copies of the water system plans to the Fire Prevention Bureau for approval prior to installation for all private water systems pertaining to the fire service loop. Plans shall be signed by a registered civil engineer, contain a Fire Prevention Bureau approval signature block, and conform to hydrant type, location, spacing and minimum fire flow standards. Hydraulic calculations will be required with the underground submittal to ensure fire flow requirements are being met for the on-site hydrants. The plans must be submitted and approved prior to building permit being issued (CFC Chapter 33 and Chapter 5). 145. Required Submittals (Fire Sprinkler Systems). Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. These plans must be submitted prior to the issuance of building permit. A separate fire sprinkler permit is required for each building not building type. 146. Required Submittals (Fire Alarm Systems). Fire alarm plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. The fire alarm system is required to have a dedicated circuit from the house panel. These plans must be submitted prior to the issuance of building permit. A fire alarm permit is required for each building, not building type. Prior to Issuance of Certificate of Occupancy 147. Address Directory (Multi -Family). A directory display monument sign shall be required for apartment, condominium, townhouse or mobile home parks. Each complex shall have an illuminated diagrammatic layout of the complex which indicates the name of the complex, all streets, building identification, unit numbers, and fire hydrant locations within the complex. Location of the sign and design specifications shall be submitted to and be approved by the Fire Prevention Bureau prior to installation. 148. Gates and Access. All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by firefighting personnel (CFC Chapter 5). 149. Hydrant Verification. Hydrant locations shall be identified by the installation of reflective markers (blue dots) (City Ordinance 15.16.020). 150. Knox Box. A "Knox -Box" shall be provided. The Knox -Box shall be installed a minimum of six feet in height and be located to the right side of the fire riser sprinkler room on each building. The Owner/Developer also has an option to key all the fire sprinkler riser rooms alike and then have one master Knox Box at each entrance that holds the master keys (CFC Chapter 5). 151. Addressing. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Multi -family residential and industrial buildings shall have a minimum of 12 -inch numbers with suite numbers being a minimum of six inches in size. Single family residences and multi -family residential units shall have 4 -inch letters and/or numbers, as approved by the Fire Prevention Bureau (CFC Chapter 5 and City Ordinance 15.16.020). 152. Site Plan. The applicant shall prepare and submit to the Fire Department for approval, a site plan designating fire lanes with appropriate lane painting and/or signs (CFC Chapter 5). POLICE DEPARTMENT General Requirements 153. Landscape Height. The applicant shall ensure all landscaping surrounding all buildings are kept at a height of no more than three feet or below the ground floor window sills. Plants, hedges and shrubbery shall be defensible plants to deter would-be intruders from breaking into the buildings utilizing lower level windows. 154. Tree Pruning. The applicant shall ensure all trees surrounding all building rooftops be kept at a distance to deter roof accessibility by "would-be burglars." Since trees also act as a natural ladder, the branches must be pruned to have a six-foot clearance from the buildings. 155. Berm Height. Berms shall not exceed three feet in height. 156. Parking Lot Lighting. All parking lot lighting shall be energy saving and minimized after hours of darkness and in compliance with Title 24, Part 6, of the California Code of Regulations. 157. Exterior Door Lighting. All exterior doors shall have a vandal resistant light fixture installed above the door. The doors shall be illuminated with a minimum one -foot candle illumination at ground level, evenly dispersed. 158. Exterior Building Lighting. All lighting affixed to the exterior of buildings shall be wall mounted light fixtures to provide sufficient lighting during hours of darkness. 159. Commercial or Institutional Grade Hardware. All doors, windows, locking mechanisms, hinges, and other miscellaneous hardware shall be commercial or institution grade. 160. Graffiti Removal. Any graffiti painted or marked upon the buildings must be removed or painted over within 24 hours of being discovered. Report all such crimes to the Temecula Police 24-hour dispatch Center at (951) 696 -HELP. 161. Alarm System. Upon completion of construction, the buildings shall have a monitored alarm system installed and monitored 24 hours a day by a designated private alarm company to notify the Temecula Police Department of any intrusion. All multi -tenant offices/suites/businesses located within a specific building shall have their own alarm system. This condition is not applicable if the business is opened 24/7. 162. Roof Hatches. All roof hatches shall be painted "International Orange." 163. Rooftop Addressing. The construction plans shall indicate the application of painted rooftop addressing plotted on a nine -inch grid pattern with 45 -inch tall numerals spaced nine inches apart. The numerals shall be painted with a standard nine -inch paint roller using fluorescent yellow paint applied over a contrasting background. The address shall be oriented to the street and placed as closely as possible to the edge of the building closest to the street. 164. Public Telephones. Any public telephones located on the exterior of the buildings shall be placed in a well -lit, highly visible area, and installed with a "call -out only" feature to deter loitering. This feature is not required for public telephones installed within the interior of the buildings. 165. Questions Regarding Conditions. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 506-5132. 166. Crime Prevention Through Environmental Design. Crime prevention through environmental design as developed by the National Crime Prevention Institute (NCPI) supports the concept that "the proper design and effective use of the built environment can lead to a reduction in the fear and incidence of crime and an improvement in the quality of life." The nine primary strategies that support this concept are included as conditions below: a. Provide clear border definition of controlled space. Examples of border definition may include fences, shrubbery or signs in exterior areas. Within a building, the arrangement of furniture and color definition can serve as a means of identifying controlled space. b. Provide clearly marked transitional zones. Persons need to be able to identify when they are moving from public to semi-public to private space. c. Gathering or congregating areas to be located or designated in locations where there is good surveillance and access control. d. Place safe activities in unsafe locations. Safe activities attract normal users to a location and subsequently render the location less attractive to abnormal users due to observation and possible intervention. e. Place unsafe activities in safe locations. Placing unsafe activities in areas of natural surveillance or controlled access will help overcome risk and make the users of the areas feel safer. f. Redesign the use of space to provide natural barriers. Separate activities that may conflict with each other (outdoor basketball court and children's play area, for example) by distance, natural terrain or other functions to avoid such conflict. g. Improve scheduling of space. The timing in the use of space can reduce the risk for normal users and cause abnormal users to be of greater risk of surveillance and intervention. h. Redesign space to increase the perception of natural surveillance. Abnormal users need to be award of the risk of detection and possible intervention. Windows and clear lines -of -sight serve to provide such a perception of surveillance. i. Overcome distance and isolation. This strategy may be accomplished through improved communications (portable two-way radios, for example) and design efficiencies, such as the location of restrooms in a public building. 167. Business Security Survey. Businesses desiring a business security survey of their location can contact the Crime Prevention and Plans Unit of the Temecula Police Department at (951) 695-2773. 168. PD -126: Disabled Parking. All disabled parking stalls on the premises shall be marked in accordance with Section 22511.8 of the California Vehicle Code. 169. Knox Boxes: Knox Boxes with Police access are required at each gate leading into the property. "Where access to or within a structure or an area is restricted because of secured opening or where immediate access is necessary for life-saving purposes, the Temecula Police Department is authorized to require a key box to be installed in an approved location. The key box shall be of an approved type and shall contain keys to gain necessary access. RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A JOINT COMMUNITY FACILITIES AGREEMENT AMONG THE CITY OF TEMECULA, THE TEMECULA VALLEY UNIFIED SCHOOL DISTRICT AND RC PECHANGA 20, LP FOR COMMUNITY FACILITIES DISTRICT NO. 2017-1 OF THE TEMECULA VALLEY UNIFIED SCHOOL DISTRICT THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Governing Board of the Temecula Valley Unified School District (the "School District") is conducting proceedings to form the Community Facilities District No. 2017-1 of the Temecula Valley Unified School District (the "CFD") pursuant to the Mello Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the "Act"). Section 2. RC Pechanga 20, LP, a limited partnership organized under the laws of the State of Delaware (the "Property Owner"), and the School District desires to enter into a joint community facilities agreement with the City of Temecula (the "City") to provide for the financing of certain City fees related to public facilities to be constructed by or under the supervision of the City (the "Joint Community Facilities Agreement"). Section 3. Pursuant to Section 53316.2 of the Act, a community facilities district is authorized to finance facilities to be owned or operated by an entity other than the agency that created the community facilities district pursuant to a joint community facilities agreement. Section 4. The Property Owner has agreed to pay costs of the City with respect to the proposed Joint Community Facilities Agreement, and the City's Bond Counsel, Quint & Thimmig LLP, with the assistance of City Staff, has reviewed the proposed Joint Community Facilities Agreement for the City, and the Joint Community Facilities Agreement is now in a form ready for execution by the City. Section 5. The City Council of the City hereby approves the Joint Community Facilities Agreement in the form attached herein as Exhibit A, and determines that the Joint Community Facilities Agreement will be beneficial to the residents of the territory served by the City and included within the jurisdictional boundaries of the CFD. The City Manager, or such officer of the City designated by the City Manager to act on his behalf, is hereby authorized and directed to execute, and the City Clerk is hereby authorized and directed to attest, the Joint Community Facilities Agreement in the form presented at this meeting, together with such changes, insertions and omissions as may be approved by the officer of the City executing the Joint Community Facilities Agreement upon consultation with the City Attorney, said execution being conclusive evidence of such approval. Section 6. The City Clerk shall certify to the adoption of this Resolution and it shall become effective upon its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 5th day of September, 2017. Maryann Edwards, 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. 17- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 5til day of September, 2017, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk JOINT COMMUNITY FACILITIES AGREEMENT by and among TEMECULA VALLEY UNIFIED SCHOOL DISTRICT and CITY OF TEMECULA and RC PECHANGA 20, LP Dated as of 2017 JOINT COMMUNITY FACILITIES AGREEMENT THIS JOINT COMMUNITY FACILITIES AGREEMENT ("Facilities Agreement"), dated as of , 2017 ("Effective Date"), is by and among the TEMECULA VALLEY UNIFIED SCHOOL DISTRICT, a public school district organized and existing under the laws of the State of California ("School District"), the CITY OF TEMECULA, a municipal corporation ("City"), and RC PECHANGA 20, LP, a limited partnership organized and existing under the laws of the State of Delaware ("Developer"), and relates to proposed Community Facilities District No. 2017-1 of the Temecula Valley Unified School District ("Community Facilities District"). The foregoing named parties may be referred to herein as either party or parties ("Party" or "Parties"). WITNESSETH: WHEREAS, Developer is the owner of certain real property ("Property") located within the boundaries of the School District and the boundaries of the City and described in Exhibit A; WHEREAS, pursuant to the Mello -Roos Community Facilities Act of 1982, as amended ("Act") and a petition of Developer, the Governing Board of the School District has initiated proceedings to establish the Community Facilities District, the boundaries of which include the Property; WHEREAS, the Governing Board of the School District has concurrently initiated proceedings to authorize the issuance of bonds ("Bonds") secured by the levy of special taxes ("Special Taxes") within the Community Facilities District in order to finance the acquisition or construction of public facilities; WHEREAS, the facilities eligible to be financed by the Community Facilities District include certain school facilities to be owned and operated by the School District ("School District Facilities"), as described in Exhibit B, certain facilities to be owned and operated by the City ("City Facilities") as described in Exhibit C and certain facilities to be owned and operated by certain other public agencies ("Other Agency Facilities"), all in order to accommodate development within the School District and the City, including the Property; WHEREAS, Section 53316.2 of the Act provides that a community facilities district may finance facilities to be owned or operated by a public agency other than the agency that created the community facilities district only pursuant to a joint community facilities agreement or a joint exercise of powers agreement adopted pursuant to said Section; WHEREAS, Section 53316.2 of the Act further provides that at any time prior to the adoption of the resolution of formation creating a community facilities district or a resolution of change to alter a district, or a resolution or resolutions authorizing issuance of bonds pursuant to Section 53356 of the Act, the legislative bodies of two or more local agencies may enter into a 1 BAW&G/WHW/194223 v12 18038 C 21 — 08/16/17 Final joint community facilities agreement pursuant to said Section and Sections 53316.4 and 53316.6 of the Act to exercise any power authorized by the Act with respect to the community facilities district being created if the legislative body of each entity adopts a resolution declaring that such a joint agreement would be beneficial to the residents of that entity; WHEREAS, the Governing Board of the School District and the City Council of the City have each adopted such a resolution; WHEREAS, subsection (e) of Section 53316.2 of the Act provides that, notwithstanding any other provision of the Act, no local agency which is party to a joint exercise of powers agreement or joint community facilities agreement shall have primary responsibility for formation of a community facilities district unless that agency is one or more of certain specified types of agencies, including an agency that is reasonably expected to have responsibility for providing facilities or services to be financed by a larger share of the proceeds of special taxes and bonds of the community facilities district or districts created pursuant to the joint exercise of powers agreement or the joint community facilities agreement than any other local agency; WHEREAS, the School District has determined that the School District Facilities will be financed by a larger share of the proceeds of the Special Taxes and the Bonds than the City Facilities and Other Agency Facilities to be owned and operated by any other public agency; WHEREAS, the City levies and collects certain fees incident to new development within the City, including the development of the Property, to finance certain capital improvements (as more particularly described in Exhibit C, the "City Fees"), and the Developer has requested that the Community Facilities District finance City Facilities that would otherwise be funded with the proceeds of the City Fees payable with respect to the development of the Property; WHEREAS, the City has agreed to provide Developer with a credit against payment of City Fees to the extent that proceeds of the Bonds are made available to the City to pay the costs of the City Facilities, as described herein; and WHEREAS, the School District, the City and Developer desire to enter into this Facilities Agreement in accordance with Sections 53316.2, 53316.4 and 53316.6 of the Act in order to provide for the financing of the City Facilities through the issuance of Bonds by the Community Facilities District. NOW, THEREFORE, for and in consideration of the mutual promises and covenants herein contained, the Parties hereto agree as follows: Section 1. Recitals. Each of the above recitals is true and correct and is incorporated herein. 2 BAW&G/WHW/194223 v12 18038 C 21 — 08/16/17 Final Section 2. Effective Date. The substantive provisions of this Facilities Agreement shall become effective and binding upon the Parties hereto upon the Effective Date. Section 3. Proposed Formation of the Community Facilities District. The Governing Board of the School District will be solely responsible for conducting proceedings for the formation of the Community Facilities District and authorization of the levy of the Special Taxes and the issuance of the Bonds and, if required by the School District as provided in any mitigation agreement or other agreement between the School District and Developer, an action under Section 860 et seq. of the California Code of Civil Procedure relating thereto if the Governing Board of the School District determines in its sole discretion that such action is appropriate. The School District will retain, at the expense of the Developer, the necessary consultants to conduct the proceedings for the formation of the Community Facilities District. Section 4. Issuance of Bonds. In the event that the Community Facilities District is formed, it is anticipated that the Governing Board of School District, acting as the legislative body of the Community Facilities District, will issue the Bonds to finance the acquisition, construction and installation of the School District Facilities, certain of the City Facilities and the Other Agency Facilities. The Governing Board of the School District, acting as the legislative body of Community Facilities District, shall, in its sole discretion, determine whether, when, under what conditions and to what extent the Bonds shall be issued to finance the acquisition, construction and installation of the School District Facilities, certain of the City Facilities or the Other Agency Facilities, or any combination thereof. The Bonds shall be issued only if all requirements of California and Federal law and all applicable School District policies have been satisfied or waived by the School District. In no event shall the City or the Developer have any right to compel the formation of the Community Facilities District or the issuance of the Bonds. Section 5. City Facilities. (a) The City Facilities eligible to be funded by the Community Facilities District are described in Exhibit C attached hereto. (b) It is anticipated that the Community Facilities District will provide Bond proceeds to finance the acquisition, construction and installation of certain of the City Facilities. The City shall determine the specific City Facilities to be so financed in its sole discretion. If the Community Facilities District issues the Bonds, a portion of the proceeds of which are to be available to finance the acquisition, construction and installation of City Facilities, the School District shall, or shall cause the Community Facilities District to, notify the City in writing of the amount of such proceeds available for such purpose within 15 days of such proceeds becoming so available. The School District makes no representation that, if proceeds of the Bonds are made available to finance the acquisition, construction and installation of City Facilities, such proceeds will be sufficient to finance any specific City Facilities. If the Community Facilities District does not make proceeds of the Bonds available to the City to finance the acquisition, construction and installation of City Facilities, neither 3 BAW&G/WHW/194223 v12 18038 C 21 — 08/16/17 Final the School District nor the Community Facilities District shall have any obligation to provide any amounts to finance or pay the costs of the acquisition, construction and installation of City Facilities. (c) The City shall apply proceeds of the Bonds made available to it by the Community Facilities District to the payment of costs of construction of City Facilities only if the City Facilities so financed are constructed under the direction and supervision, or under the authority of, the City or are constructed as if they had been constructed under the direction and supervision, or under the authority of, the City. Section 6. Disbursements. (a) Bond proceeds available for the acquisition, construction and installation of City Facilities shall be deposited in a special fund or account (howsoever the same may be denominated, the "City Facilities Account") to be established under the fiscal agent agreement, indenture or other instrument pursuant to which the Bonds are issued (howsoever the same may be denominated). Moneys on deposit in the City Facilities Account shall be invested at the direction of the Community Facilities District and disbursed as provided in this Section 6. (b) To the extent that moneys are available therein, the Community Facilities District shall cause disbursements to be made from the City Facilities Account from time to time to pay the costs of the acquisition, construction and installation of City Facilities upon submission of a written request of the City in substantially the form attached hereto as Exhibit D. (c) The Community Facilities District shall process in a timely manner written requests for disbursements received from the City that conform to the requirements hereof. The City shall provide the Developer with a credit against City Fees otherwise payable in respect of the development of the Property on a dollar for dollar basis in respect of any disbursement from the City Facilities Account received by the City. The City Manager, in his discretion, shall determine the specific City Fees to which any such credit shall pertain. (d) The City agrees that prior to executing and submitting a disbursement request to the Community Facilities District, it shall review and approve all costs included in such request and will have already paid or incurred such costs of City Facilities from its own funds subsequent to the date of this Facilities Agreement, or will disburse such amounts to pay the costs of City Facilities following receipt of funds from the Community Facilities District. In the event that the City does not disburse any Bond proceeds received by it to third parties within ten (10) banking days of receipt, it will trace and report to the Community Facilities District all investment earnings, if any, earned by the City from the Bond proceeds not so disbursed, from the date of receipt of such Bond proceeds to the date of expenditure for costs of City Facilities. If required by the preceding sentence, a report shall be delivered by the City to the School District at least semiannually until all Bond proceeds received are expended by the City. (e) The City agrees to maintain accounting records with respect to its receipt and expenditure of Bond proceeds for City Facilities. The City will, upon written request, provide the School District with access to the City's records related to the costs of any City Facilities 4 BAW&G/WHW/194223 v12 18038 C 21 — 08/16/17 Final financed with proceeds of the Bonds. (f) The School District or the Community Facilities District agrees to maintain full and accurate records of all amounts, if any, expended from the City Facilities Account and any investment earnings on amounts in the City Facilities Account. The School District or the Community Facilities District will, upon request, provide the City and/or the Developer with access to the School District's or Community Facilities District's records related to the City Facilities Account. Section 7. Construction, Ownership and Maintenance of School District Facilities. The City shall have no responsibility for the acquisition, construction and installation of the School District Facilities or the Other Agency Facilities. The School District Facilities shall be and remain the sole and separate property of the School District and shall be operated, maintained and utilized by the School District, and the Other Agency Facilities financed by the Community Facilities District for a local agency shall be and remain the sole and separate property of such local agency and shall be operated, maintained and utilized by such local agency. The City shall not have any ownership interest in the School District Facilities or the Other Agency Facilities, and the City shall have no responsibility for the operation, maintenance or utilization of the School District Facilities or the Other Agency Facilities. Section 8. Construction, Ownership and Maintenance of City Facilities. The School District shall have no responsibility for the acquisition, construction and installation of any City Facilities. All City Facilities shall be and remain the sole and separate property of the City and shall be operated, maintained and utilized by the City. The School District shall not have any ownership interest in any of the City Facilities, and the School District shall have no responsibility for the operation, maintenance or utilization of any City Facilities. Section 9. Tax Matters. (a) In connection with the issuance of any Bonds, if a portion of the proceeds of the Bonds are made available to finance the acquisition, construction and installation of City Facilities, the City agrees upon written request of the School District to execute and deliver such certifications or agreements as may be reasonably required in order for bond counsel to conclude that interest on the Bonds will be excluded from gross income of the owners of the Bonds under Section 103 of the Internal Revenue Code of 1986. Any costs or expenses of the City (including a reasonable charge for City Staff time and allocated overhead expense) incurred to respond to the School District's request, shall be paid for by Developer within 10 days written request from City. (b) The School District shall notify the City in writing of the date on which any Bonds are to be issued proceeds of which are to be deposited to the City Facilities Account and the amount expected to be so deposited no later than 15 days prior to the date of issuance of the Bonds. Unless the City otherwise informs the School District within seven banking days after receipt of such notice, the Community Facilities District may assume that the City has represented that it will so withdraw and expend the amount to be deposited to the City Facilities Account within 3 years. 5 BAW&G/WHW/194223 v12 18038 C 21 — 08/16/17 Final (c) The City represents that no more than ten percent (10%) of any City Facilities financed with proceeds of the Bonds will be used for any activity that constitutes a trade or business that is carried on by persons or entities, other than governmental entities not including the federal government ("Private Use"). The leasing of the City Facilities or the access of a person or entity other than a governmental unit to the City Facilities or services provided thereby on a basis other than as a member of the general public ("General Public Use") shall constitute a Private Use unless the City obtains an opinion of bond counsel to the contrary. Use of the City Facilities in a trade or business constitutes General Public Use only if the property is intended to be available and is in fact reasonably available for use on the same basis by natural persons not engaged in a trade or business. The federal government shall be considered to be a person or entity that is not a governmental entity for purposes of this paragraph. (d) With respect to management and service contracts, the determination of whether a particular use of the City Facilities constitutes Private Use shall be determined on the basis of applying IRS Revenue Procedure 2017-13. The City represents that, as of the date hereof, no portion of the City Facilities is expected to be subject to contracts or other arrangements with persons or entities engaged in a trade or business (other than governmental units) that involve the management of property or the provision of services that do not comply with the standards of Revenue Procedure 2017-13. Section 10. Indemnification. (a) The City agrees to indemnify, defend and hold harmless the School District and the Community Facilities District, and their respective officers and employees, and each and every one of them, from and against any and all claims, losses, expenses, suits actions, decrees, judgments, awards, attorneys' fees and court costs which the School District or the Community Facilities District, or their respective officers and employees, or any combination thereof, may suffer as a direct result of the design, acquisition, construction, installation, operation, maintenance or utilization of any City Facilities financed, in whole or in part, with funds withdrawn by the City from the City Facilities Account. No indemnification is required to be paid by the City for any claim, loss or expense directly arising from the willful misconduct or negligence of the School District or the Community Facilities District, or their respective officers, employees or agents. (b) The School District agrees to indemnify, defend and hold harmless the City, and its officers and employees, and each and every one of them, from and against any and all claims, losses, expenses, suits, actions, decrees, judgments, awards, attorneys' fees and court costs which the City, or its officers and employees, or any combination thereof, may suffer or which may be sought against or recovered or obtained from the City, or its respective officers and employees, or any combination thereof, as a result of or by reason of or arising out of or in consequence of the formation and administration of the Community Facilities District, the acquisition, construction, installation, operation, maintenance or utilization of the School Facilities or the issuance and administration of the Bonds. If the School District fails to do so, the City shall have the right, but not the obligation, to defend the same and charge all of the direct and incidental costs of such defense, including any attorneys' fees or court costs, to and recover the same from the School District. 6 BAW&G/WHW/194223 v12 18038 C 21 — 08/16/17 Final No indemnification is required to be paid by the School District for any claim, loss or expense directly arising from the willful misconduct or negligence of the City, or its officers, employees, or agents. (c) Developer agrees to indemnify, defend and hold harmless the School District, the Community Facilities District and the City, and their respective officers, employees and agents, and each and every one of them, from and against any and all claims, losses, expenses, suits actions, decrees, judgments, awards, attorneys' fees and court costs which the School District, the Community Facilities District or the City, or their respective officers, employees and agents, or any combination thereof, may suffer or which may be sought against or recovered or obtained from the School District, the Community Facilities District or the City, or their respective officers, employees or agents, or any combination thereof, as a result of or by reason of or arising out of or in consequence of any act or omission of Developer with respect to this Facilities Agreement, the formation of the Community Facilities District, the use of the Bond proceeds, any City Facilities or the Other Agency Facilities. If Developer fails to do so, the School District, the Community Facilities District and the City each shall have the independent right, but not the obligation, to defend the same and charge all of the direct and incidental costs of such defense, including any attorneys' fees or court costs, to and recover the same from Developer. No indemnification is required to be paid by Developer for any claim, loss or expense arising directly and solely from the willful misconduct or gross negligence of School District (if indemnification is sought by the School District), the Community Facilities District (if indemnification is sought by the Community Facilities District) or the City (if indemnification is sought by the City), or their respective officers, employees or agents (if indemnification is sought thereby). Section 11. Nature of Agreement; Allocation of Special Taxes. This Facilities Agreement shall constitute a joint community facilities agreement entered into pursuant to Sections 53316.2, 53316.4 and 53316.6 of the Act. The Governing Board of the School District, acting as the legislative body of the Community Facilities District, shall annually levy the Special Taxes as provided for in the formation proceedings of the Community Facilities District, including, without limitation, the Rate and Method of Apportionment of Special Taxes for the Community Facilities District. The entire amount of any Special Tax levied by the Community Facilities District not needed for payment of interest or principal on Bonds or the costs of administering the Community Facilities District shall inure to the benefit of the Community Facilities District to be used as determined by the Governing Board of the School District consistent with applicable law and associated agreements. The City shall have no interest in or responsibility for any of the Special Taxes or the administration of the Community Facilities District and the payment of the Bonds. The entire amount of the proceeds of the Special Taxes shall be allocated and distributed by the School District. Section 12. Prevailing Wage. The City and the School District are public agencies in the State of California and are subject to the provisions of law relating to public contracts. It is agreed that all provisions of law applicable to public contracts are a part of this Facilities Agreement to the same extent as though set forth herein and will be complied with by the City 7 BAW&G/WHW/194223 v12 18038 C 21 — 08/16/17 Final and the School District, including but not limited to any applicable prevailing wage requirements. Section 13. Debt Management Policy Compliance. The School District and the City are both public agencies required to maintain a debt management policy in compliance with Section 8855(i)(1) of the California Government Code. The School District and the City each represent to the other that they are in compliance with their respective policy as it relates to the execution and performance of this Facilities Agreement. Section 14. Limitation of Rights to Parties. Nothing in this Facilities Agreement expressed or implied is intended or shall be construed to give to any person other than the School District, the City, the Developer and the Community Facilities District any legal or equitable right, remedy or claim under or in respect of this Facilities Agreement or any covenant, condition or provision herein contained; and all such covenants, conditions and provisions are and shall be held to be for the sole and exclusive benefit of the School District, the City, the Developer, and the Community Facilities District. Section 15. Notices. All written notices to be given hereunder shall be given to the party entitled thereto at its address set forth below, or at such other address as such party may provide to the other parties in writing from time to time, namely: If to the School District: Temecula Valley Unified School District 31350 Rancho Vista Road Temecula, CA 92592 Attention: Superintendent If to the Community Facilities District: Community Facilities District No. 2017-1 of the Temecula Valley Unified School District c/o Temecula Valley Unified School District 31350 Rancho Vista Road Temecula, CA 92592 Attention: Superintendent With a copy to: BAW&G/WHW/194223 v12 18038 C 21 — 08/16/17 Final Bowie, Arneson, Wiles & Giannone 4920 Campus Drive Newport Beach, California 92660 Fax No. (949) 851-2014 Attn: Managing Partner 8 If to the City: City of Temecula 41000 Main Street Temecula, California 92589-9300 Attention: Director of Finance With a copy to: If to Developer: City of Temecula 41000 Main Street Temecula, California 92589-9300 Attn: City Attorney RC Pechanga 20, LP 353 East Angeleno Avenue, Suite A Burbank, CA 91502 Fax: 323-450-2338 Attention: Matt Livingston Each such notice shall be deemed delivered to the party to whom it is addressed (a) if given by courier or delivery service or if personally served or delivered, upon delivery, (b) if given by registered or certified mail, return receipt requested, deposited with the United States mail postage prepaid, 72 hours after such notice is deposited with the United States mail, or (c) if given by any other means, upon delivery at the address specified in this Section. Section 16. California Law. This Facilities Agreement shall be governed and construed in accordance with the laws of the State of California applicable to contracts made and performed in California. Section 17. Severability. If any part of this Facilities Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Facilities Agreement shall be given effect to the fullest extent reasonably possible. Section 18. Successors. This Facilities Agreement shall be binding upon and inure to the benefit of the successors of the Parties hereto. Section 19. Amendment and Assignment. This Facilities Agreement may be amended at any time but only in writing signed by each Party hereto. This Facilities 9 BAW&G/WHW/194223 v12 18038 C 21 — 08/16/17 Final Agreement may be assigned, in whole or in part, by the Developer to the purchaser of any parcel of land within the Property provided, however, such assignment shall not be effective unless and until the School District and the City have been notified, in writing, of such assignment. Section 20. Entire Agreement. This Facilities Agreement contains the entire agreement between the Parties with respect to the matters provided for in the Facilities Agreement and supersedes all prior agreements and negotiations between the Parties with respect to the subject matter of this Facilities Agreement. Section 21. Counterparts. This Facilities Agreement may be executed in counterparts, each of which shall be deemed an original and all of which shall constitute but one and the same instrument. Section 22. Limited Liability of City. The City shall have no responsibility or liability whatsoever with respect to the levy, collection or enforcement of the Special Taxes, the payment of any costs or expenses related to the formation and administration of the Community Facilities District or the Bonds, the repayment of the Bonds, or any other obligations of the Community Facilities District or the School District. All obligations of the City under the Facilities Agreement (other than under Section 10(a)) shall be payable solely from amounts distributed to and received by the City from the City Facilities Account. Section 23. No Impediment to City Establishing a CFD. This Facilities Agreement shall in no way prohibit the formation by the City Council of the City or the Board of Directors of the Temecula Public Financing Authority from forming one or more community facilities district under the Act that include all or any portion of the Property. Section 24. Termination. This Facilities Agreement shall terminate on the date which is 10 years after the Effective Date, if by such date no Bond proceeds have been deposited to the City Facilities Account. In the event that Bond proceeds have been so deposited to the City Facilities Account within 10 years of the Effective Date, this Facilities Agreement shall terminate on the date which is 5 years after the date on which no funds remain on deposit in the City Facilities Account. [Remainder of page intentionally left blank.] 10 BAW&G/WHW/194223 v12 18038 C 21 — 08/16/17 Final IN WITNESS WHEREOF, the parties hereto have executed this Facilities Agreement as of the date first written above. APPROVED AS TO FORM: TEMECULA VALLEY UNIFIED SCHOOL DISTRICT BOWIE, ARNESON, WILES & GIANNONE Attorneys for Temecula Valley Unified School District By: By: President of the Governing Board of the Temecula Valley Unified School District ATTEST: By: Clerk of the Governing Board of the Temecula Valley Unified School District RC PECHANGA 20, LP CITY OF TEMECULA By: By: Aaron Adams, City Manager Its: ATTEST: By: BAW&G/WHW/194223 v12 18038 C 21 — 08/16/17 Final ATTEST: By: Randi Johl, City Clerk 11 EXHIBIT A DESCRIPTION OF THE PROPERTY Tentative Tract No. 37021 in the City of Temecula consisting of Assessor Parcel Numbers 961-450-012 and 961-450-013. A-1 BAW&G/WHW/194223 v12 18038 C 21 — 08/16/17 Final EXHIBIT B DESCRIPTION OF THE SCHOOL DISTRICT FACILITIES The School Facilities proposed to be planned for, designed, acquired, constructed, leased, expanded, improved, rehabilitated and/or financed by the Community Facilities District are as follows: 1. Any school facility or facilities with an estimated useful life of five years or longer needed by the Temecula Valley Unified School District ("School District"), including, but not by way of limitation the following: (a) K-12 school sites and facilities including acquisition of land, construction of buildings, appurtenances, athletic fields, playgrounds and improvements thereto, as well as, but not by way of limitation, portable or relocatable buildings or interim additions to existing buildings. (b) Furniture, equipment and technology, including mobile devices and infrastructure therefor, with a useful life of at least five (5) years at such School Facilities, including modernization, rehabilitation, expansion, and technology upgrades and infrastructure. (c) Central support, administrative facilities and transportation facilities, including lease rental payments therefor, including furniture, equipment buses, vehicles, and technology with a useful life of at least five (5) years. 2. The costs attributable to planning, engineering, designing, coordinating, leasing, financing, acquiring, expanding, relocating, rehabilitating, or constructing (or any combination thereof) of School Facilities described in this Exhibit (including, without limitation, construction management, inspection, materials testing, and construction staking); any "debt," as defined in Government Code Section 53317(d); the costs to issue and sell any such debt (including, without limitation, underwriters discount, appraisals, market studies, reserve fund, capitalized interest, bond counsel, special tax consultant, bond trustee or fiscal agent, bond and official statement printing, and administrative expenses of the School District and/or CFD No. 2017-1), and all other incidental expenses. The School Facilities shall be constructed, whether or not acquired in their completed states, pursuant to plans and/or specifications approved by the School District. The School Facilities described in this Exhibit are representative of the types of improvements to be funded or financed by the Community Facilities District. Addition, deletion or modification of School Facilities may be made consistent with the requirements of the School District, the Community Facilities District, and the Mello -Roos Act. B-1 BAW&G/WHW/194223 v12 18038 C 21 — 08/16/17 Final EXHIBIT C DESCRIPTION OF THE CITY FACILITIES AND CITY FEES The types of facilities to be owned and operated by the City and that may be financed by the Community Facilities District are: • First Priority — Park and landscaping improvements to be owned by the City. • Second Priority — Any of the facilities included in the City's Capital Improvement Program for Fiscal Years 2016-2020 that are eligible to be funded with development impact fees collected by the City and that have an estimated useful life of 5 years or more. City Fee categories and amount as of 7/1/2017: Component Cost/Detached Unit Cost/Attached Unit Project Total Street System Improvements $ 2,069.72 $ 1,448.82 $404,01 2 Traffic Signals & Traffic Control 292.99 205.08 57,189.49 Corporate Facilities 561.53 301.07 94,338.49 Police Facilities 299.09 529.18 111,471.99 Fire Protection Facilities 710.37 329.63 110,837.81 Park & Recreational Improvements 3,415.94 2,447.24 676,101.10 Open Space & Trail Development 995.66 713.32 197,068.26 Libraries 909.82 651.83 180,079.56 Total $ 9,255.12 $ 6,626.17 $1,831,098.70 Dwelling Units(') 79 166 245 (1) Subject to change if there is a change in the units to be constructed in the Community Facilities District. Dollar amounts in the foregoing table are subject to increase from time to time by action of the City Council of the City, with the first such increase expected to take effect on July 1, 2018. C-1 BAW&G/WHW/194223 v12 18038 C 21 — 08/16/17 Final EXHIBIT D FORM OF DISBURSEMENT WRITTEN REQUEST WRITTEN REQUEST FOR DISBURSEMENTS FROM CITY FACILITIES ACCOUNT The City of Temecula ("City"), hereby states and certifies: (a) That the "Fiscal Agent" under the Fiscal Agent Agreement, dated as of , 20 , ("Fiscal Agent Agreement"), by and between Community Facilities District No. 2017-1 of the Temecula Valley Unified School District (the "Community Facilities District") and the Fiscal Agent, is hereby requested to disburse from the City Facilities Account established pursuant to the Fiscal Agent Agreement, to the payees set forth on Attachment 1 attached hereto and by this reference incorporated herein, the amount set forth on Attachment 1 opposite each such payee, for payment of such costs incurred for the purposes identified on said Attachment 1; (b) that each such payment being used to pay a cost of a City Facility, as defined in the Joint Community Facilities Agreement, dated as of , 2017, among the City, the Temecula Valley Unified School District, and RC Pechanga 20, LP (the "Joint Community Facilities Agreement"), and is a proper charge against the City Facilities Account; (c) that each such amount has not been the subject of a prior disbursement to the City from the City Facilities Account; and (d) that the City will comply with the applicable provisions of the Joint Community Facilities Agreement, in expending the amount so requested. D-1 BAW&G/WHW/194223 v12 18038 C 21 — 08/16/17 Final CITY OF TEMECULA By: Authorized Representative Payee Name and Address BAW&G/WHW/194223 v12 18038 C 21 — 08/16/17 Final ATTACHMENT 1 Purpose of Obligation Amount $ $ Total: $ D-2 PC RESOLUTION NO. 17-24 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL CERTIFY AS ADEQUATELY PREPARED, IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, THE ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE CYPRESS RIDGE PROJECT, CONSISTING OF APPROXIMATELY 22.73 ACRES GENERALLY LOCATED ON THE NORTHEAST CORNER OF PECHANGA PARKWAY AND LOMA LINDA ROAD AND TAKE ACTIONS RELATED THERETO (APN 961-450-003, 961-450- 012, 961-450-013) Section 1. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On December 21, 2015, John Fitzpatrick filed Planning Application Nos. PA15- 1894, a General Plan Amendment; PA15-1895, a Zone Change/Planned Development Overlay; PA15-1893, a Tentative Tract Map; and PA15-1892 a Development Plan. These applications (collectively "Project") were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. Collectively, the proposed Project consists of a change in the General Plan designation on the site from Professional Office (PO) to Medium Density (M) residential and a rezone of the site from Professional Office (PO) to Cypress Ridge Planned Development Overlay District (to be known as PDO -15). PDO -15 is a series of standards and regulations that will govern all development on the property. These standards and regulations address architectural style, setbacks, and building height. Together, these regulations and standards seek to ensure cohesiveness in the design and aesthetic appearance, and compatibility with the surrounding community. In addition to the proposed PDO -15, the Project also includes a Tentative Tract Map and a Development Plan. C. Pursuant to the California Environmental Quality Act (CEQA) (Pub. Res. Code § 21000, et seq.) and the State CEQA Guidelines (14 Cal. Code Regs. § 14000, et seq.), the City is the lead agency for the Project. D. Pursuant to CEQA, City staff determined that the Project could have a significant effect on the environment and therefore an environmental impact report (EIR) should be prepared for the Project. E. On May 24, 2016, a Notice of Preparation was released to all agencies and persons that might be affected by the project. The NOP was also distributed through the State Office of Planning and Research, State Clearinghouse (2016051073). The NOP was circulated from May 25, 2016 through June 23, 2016 to receive comments and input from interested public agencies and private parties on issue to be addressed in the Environmental Impact Report ("El R"). F. On June 15, 2016, a scoping session was held, at which time City staff and interested persons had an opportunity to determine the extent of issues to be addressed in the EIR for the Project. G. Thereafter, the City contracted for the independent preparation of a Draft EIR for the Project, including all necessary technical studies and reports in support of the Draft EIR. In accordance with CEQA and the CEQA Guidelines, the City analyzed the Project's potential impacts on the environment, potential mitigation, and potential alternatives to the Project. H. Thereafter, City staff circulated a Notice of Completion indicating the public comment period and intent to adopt the EIR as required by law. The public comment period commenced via the State Clearing House from March 2, 2017 through April 17, 2017. The City published a Notice of Availability for the Draft EIR in the San Diego Union tribune, a newspaper of general circulation within the City. A Notice of Availability was also sent to adjacent property owners indicating a review period of March 2, 2017 through April 17, 2017. Copies of the documents have been available for public review and inspection at the offices of the Department of Community Development, located at City Hall, 41000 Main Street, Temecula, California 92590; the Ron Roberts Temecula Public Library located at 30600 Pauba Road; Temecula Grace Mellman Community Library located 41000 County Center Drive; Chamber of Commerce located at 26790 Ynez Court, Ste. A, and the City of Temecula website. During the comment period, the City received eight (8) written comments on the Draft EIR from various agencies, individuals, and organizations. In compliance with CEQA Guidelines Section 15088, the City prepared written responses to all comments. None of the comments presented any new significant environmental impacts or otherwise constituted significant new information requiring recirculation of the Draft EIR pursuant to CEQA Guidelines Section 15088.5. J. The "Final EIR" consists of the Draft EIR and all of its appendices, the comments and responses to comments on the Draft EIR, and the Mitigation Monitoring and Reporting Program. The Final EIR was made available to the public and to all commenting agencies on July 18, 2017, which is at least 10 days prior to certification of the Final EIR, in compliance with Public Resources Code Section 21092.5(a). K. On August 2, 2017, the Planning Commission, held a duly noticed public hearing to consider the Final EIR and the proposed Project, at which time the Commission heard and considered information presented by City staff on the Project and its environmental review. In addition, interested persons had an opportunity to and did testify regarding this matter. L. The Planning Commission has reviewed and considered the entire record, including the Final EIR, evidence presented at the hearing, staff reports, technical studies, appendices, plans, and other materials. M. CEQA Guidelines Section 15091 requires that the City, before approving the Project, make one or more of the following written finding(s) for each significant effect identified in the Final 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. N. These required written findings are set forth in Exhibit A, attached hereto and incorporated herein by reference. 1. Environmental impacts identified in the Final EIR as no impact or less than significant and do not require mitigation are described in Sections IV and V, respectively, of Exhibit A. 2. Environmental impacts, or certain aspects of impacts, identified in the Final EIR as potentially significant, but that can be reduced to less than significant levels with mitigation, are described in Exhibit A, Section VI. 3. Environmental impacts identified in the Final EIR as significant and unavoidable despite the imposition of all feasible mitigation measures are described in Exhibit A, Section VII. 4. Alternatives to the Project that might eliminate or reduce significant environmental impacts are described in Section VIII of Exhibit A. O. Public Resources Code Section 21081.6 requires the City to prepare and adopt a mitigation monitoring and reporting program for any project for which mitigation measures have been imposed to assure compliance with the adopted mitigation measures. The Mitigation Monitoring and Reporting Program is attached hereto as Exhibit B, and is incorporated herein by reference. P. CEQA Guidelines Section 15093 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. The Statement of Overriding Considerations is attached hereto as Exhibit C, and is incorporated herein by reference. Section 2. After due consideration of the proposed Project and in its independent judgment, the Planning Commission hereby finds and resolves that: A. All of the above recitals are true and correct, and are hereby incorporated into this section as though set forth in full. B. Agencies and interested members of the public have been afforded ample notice and opportunity to comment on the Final EIR and the Project. The Project has been environmentally reviewed pursuant to the provisions of CEQA and the State CEQA Guidelines. C. The Planning Commission has independently considered the administrative record before it, which is hereby incorporated by reference and which includes the Final EIR, the written and oral comments on the Draft EIR and Final EIR, responses to comments incorporated into the Final EIR, staff reports and presentations, and all oral and written testimony. D. The Final EIR fully analyzes and discloses the potential impacts of the Project, and that those impacts have been mitigated or avoided to the extent feasible for the reasons set forth in the Findings attached herein as Exhibit A, with the exception of those impacts found to be significant and unmitigable as discussed therein. E. The Final EIR reflects the independent judgment of the Planning Commission. 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 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 Project or a feasible mitigation measure or alternative that the City has declined to implement. F. The Planning Commission, in the exercise of its independent judgment, hereby recommends that the City Council certify the Final EIR for the Project, make appropriate environmental findings, adopt a Statement of Overriding Considerations, and adopt a Mitigation Monitoring and Reporting Program for the Project. The Planning Commission further recommends that the mitigation measures set forth therein be made applicable to the Project. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 2nd day of August, 2017. John Telesio, Vice Chairperson ATTEST: Luke Watson Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 17-24 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 2nd day of August, 2017, by the following vote: AYES: 4 PLANNING COMMISSIONERS: Guerriero, Telesio, Turley-Trejo, Youmans NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 1 PLANNING COMMISSIONERS: Watts ABSTAIN: 0 PLANNING COMMISSIONERS: None Luke Watson Secretary PC RESOLUTION NO. 17-25 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A GENERAL PLAN AMENDMENT APPLICATION TO REVISE THE GENERAL PLAN DESIGNATION OF THREE EXISTING PARCELS FROM PROFESSIONAL OFFICE (PO) TO MEDIUM DENSITY (M) RESIDENTIAL IN CONNECTION WITH THE CYPRESS RIDGE PROJECT (APNS: 961-450-003, 961-450-012, 961- 450-013) (PA15-1894) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On December 21, 2015, John Fitzpatrick filed Planning Application Nos. PA15-1894, a General Plan Amendment; PA15-1895, a Zone Change/Planned Development Overlay; PA15-1893, a Tentative Tract Map; and PA15-1892 a Development Plan. These applications (collectively "Project") were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. Collectively, the Project consists of a change in the General Plan designation on the site from Professional Office (PO) to Medium Density (M) residential and a rezone of the site from Professional Office (PO) to Cypress Ridge Planned Development Overlay District (to be known as PDO -15). PDO -15 is a series of standards and regulations that will govern all development on the property. These standards and regulations address architectural style, setbacks, and building height. Together, these regulations and standards seek to ensure cohesiveness in the design and aesthetic appearance, and compatibility with the surrounding community. In addition to the proposed PDO -15, the Project also includes a General Plan Amendment, Tentative Tract Map, and a Development Plan for the construction of 245 residential market rate units consisting of detached and attached cluster units and duplex/triplex units, the conversion of 0.67 -acres of an off-site existing concrete drainage ditch into a landscaped infiltration basin, improvements to Pala Park and additional off-site landscape improvements north of the Project site along Pechanga Parkway. 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. D. An Environmental Impact Report (EIR), Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations were prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA"). Thereafter, City staff circulated a Notice of Completion indicating the public comment period and intent to adopt the EIR as required by law. The public comment period commenced via the State Clearing House from March 2, 2017 through April 17, 2017. A Notice of Availability was also sent to adjacent property owners indicating a review period of March 2, 2017 through April 17, 2017. Copies of the documents have been available for public review and inspection at the offices of the Community Development Department, located at City Hall, 41000 Main Street, Temecula, California 92590; the Ronald H. Roberts Temecula Public Library located at 30600 Pauba Road; Temecula Grace Mellman Community Library located 41000 County Center Drive; and the City of Temecula website. E. On August 2, 2017, the Planning Commission considered the Final Environmental Impact Report ("EIR"), Planning Application Nos. PA15-1894, a General Plan Amendment; PA15-1895, a Zone Change/Planned Development Overlay; PA15-1893, a Tentative Tract Map; and PA15-1892, a Development Plan, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support of or opposition to this matter. F. Following consideration of the entire record of information received at the public hearing, the Planning Commission adopted Resolution No. 17- "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL CERTIFY THE ENVIRONMENTAL IMPACT REPORT, ADOPT ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPT A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPT A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE CYPRESS RIDGE PROJECT, CONSISTING OF APPROXIMATELY 22.73 ACRES GENERALLY LOCATED ON THE NORTHEAST CORNER OF PECHANGA PARKWAY AND LOMA LINDA ROAD (APNS: 961-450-003, 961-450-012, 961-450-013)." Resolution No. 17- and the findings therein are hereby incorporated by this reference as set forth in full. G. The Planning Commission, at a regular meeting, considered the Project and environmental review on August 2, 2017, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. H. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Provisions for Fiscal Impact Payments A. The City and owner estimate that the increased costs to the City of providing public safety and other municipal services to the area resulting from the General Plan Amendment and change of zone for the Project will substantially exceed the municipal revenue from the Project ("City Services Deficit"). The City has received a Fiscal Impact Analysis, dated as of July, 2017 ("FIA"), documenting the City Services Deficit. The owners of the property within the Project, and their successors in interest, shall pay the City the sum of four hundred twenty dollars ($420.00) per residential dwelling unit within the Project each year as mitigation for the City Services Deficit. Owner and its successors to the property within the Project may fulfill this obligation through a community facilities district established by the City pursuant to the Mello -Roos Community Facilities District Act of 1982, Government Code Section 53311, et seq., or other appropriated financing mechanism approved by the City; provided, however, the obligation of each owner and their successors to pay the City Services Deficit payment under this obligation remains an obligation of the owner and its successors regardless of the financing mechanism used to pay it and regardless of whether there is a financing mechanism to pay it. Section 3. Further Findings. The Planning Commission, in recommending approval of the General Plan Amendment Application No. PA15-1894, hereby finds, determines and declares that: A. The General Plan Amendment is in the Public Interest; The current General Plan designation for the Project area is Professional Office (PO). The amendment would change this to Medium Density (M) residential. The revised designation will allow the Project area to be consistent with the overall residential character of the Pechanga Parkway corridor. The General Plan Amendment is in the public interest because it provides for additional residential options, enhancements to Pala Park, inclusion of landscaping to a portion of Pechanga Parkway to beautify this area, and connectivity of trails in this portion of the city. B. The General Plan Amendment is compatible with the health, safety and welfare of the community. uses. The General Plan Amendment is compatible with the health, safety, and welfare of the community. The General Plan Amendment will ensure compliance with all Building, Fire, and Development codes. These codes set policies and standards that protect the health, safety and welfare of the community. In addition, the General Plan Amendment is tied to a Planned Development Overlay that establishes specific design guidelines and standards that ensure compatibility and interface with the surrounding community. Therefore, the General Plan Amendment is compatible with the health, safety and welfare of the community. C. The General Plan Amendment is compatible with existing and surrounding The proposed General Plan Amendment is compatible with surrounding land uses. The current land uses north, south, east and west of the Project area consist primarily of residential and a public park. The Project would provide for additional residential units that are in character with the surrounding built environment. D. 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 amendment will implement the goals and policies of the City's General Plan, provide for residential uses in an area comprised of residential development, and impose appropriate standards and requirements with respect to land development 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 land use pattern that protects and enhances residential neighborhoods" (Goal 5). The project site is surrounded by existing residential and the current the Land Use designation is Professional Office (PO). A commercial office complex can be constructed on the project site with the current land use designation. This type of use would be out of context with the residential uses of the surrounding area. The General Plan Amendment will allow for a market rate residential project to be located on the site by revising the land use designation to Medium Density (M) residential. Allowing residential development to occur in an area comprised of existing residential development will protect and enhance the existing neighborhoods. Section 4. Recommendation. The Planning Commission of the City of Temecula recommends that the City Council adopt a Resolution entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A GENERAL PLAN AMENDMENT APPLICATION TO REVISE THE GENERAL PLAN DESIGNATION OF THREE EXISTING PARCELS FROM PROFESSIONAL OFFICE (PO) TO MEDIUM DENSITY (M) RESIDENTIAL IN CONNECTION WITH THE CYPRESS RIDGE PROJECT (APNS: 961-450-003, 961-450-012, 961-450-013) (PA15-1894) in the form attached to this Resolution as Exhibit "A", attached hereto, and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 2nd day of August, 2017. John Telesio, Chairman ATTEST: Luke Watson Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 16-25 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 2nd day of August, 2017, by the following vote: AYES: 4 PLANNING COMMISSIONERS: Guerriero, Telesio, Turley-Trejo, Youmans NOES: 0 PLANNING COMMISSIONERS None ABSENT: 1 PLANNING COMMISSIONERS Watts ABSTAIN: 0 PLANNING COMMISSIONERS None Luke Watson Secretary PC RESOLUTION NO.17-26 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 17 OF THE TEMECULA ZONING CODE TO ADD A NEW ARTICLE XVI (CYPRESS RIDGE PLANNED DEVELOPMENT OVERLAY DISTRICT 15) TO CHAPTER 17.22 (PLANNED DEVELOPMENT OVERLAY ZONING DISTRICT) ON A 22.73 ACRE SITE GENERALLY LOCATED ON THE NORTHEAST CORNER OF PECHANGA PARKWAY AND LOMA LINDA ROAD (APN: 961-450-003, 961-450-012, 961-450-013) (PA15- 1895)" Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On December 21, 2015, John Fitzpatrick filed Planning Application Nos. PA15-1894, a General Plan Amendment; PA15-1895, a Zone Change/Planned Development Overlay; PA15-1893, a Tentative Tract Map; and PA15-1892 a Development Plan. These applications (collectively "Project") were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. Collectively, the Project consists of a change in the General Plan designation on the site from Professional Office (PO) to Medium Density (M) residential and a rezone of the site from Professional Office (PO) to Cypress Ridge Planned Development Overlay District (to be known as PDO -15). PDO -15 is a series of standards and regulations that will govern all development on the property. These standards and regulations address architectural style, setbacks, and building height. Together, these regulations and standards seek to ensure cohesiveness in the design and aesthetic appearance, and compatibility with the surrounding community. In addition to the proposed PDO -15, the Project also includes a General Plan Amendment, Tentative Tract Map, and a Development Plan for the construction of 245 residential market rate units consisting of detached and attached cluster units and duplex/triplex units, the conversion of 0.67 -acres of an off-site existing concrete drainage ditch into a landscaped infiltration basin, improvements to Pala Park and additional off-site landscape improvements north of the Project site along Pechanga Parkway. 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. D. An Environmental Impact Report (EIR), Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations were prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA"). Thereafter, City staff circulated a Notice of Completion indicating the public comment period and intent to adopt the EIR as required by law. The public comment period commenced via the State Clearing House from March 2, 2017 through April 17, 2017. A Notice of Availability was also sent to property owners contiguous to the Project area indicating a review period of March 2, 2017 through April 17, 2017. Copies of the documents have been available for public review and inspection at the offices of the Community Development Department, located at City Hall, 41000 Main Street, Temecula, California 92590; the Ronald H. Roberts Temecula Public Library located at 30600 Pauba Road; Temecula Grace Mellman Community Library located 41000 County Center Drive; and the City of Temecula website. E. On August 2, 2017, the Planning Commission also considered the Final Environmental Impact Report ("EIR"), Planning Application Nos. PA15-1894, a General Plan Amendment; PA15-1895, a Zone Change/Planned Development Overlay; PA15- 1893, a Tentative Tract Map; and PA15-1892, a Development Plan, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support of or opposition to this matter. F. Following consideration of the entire record of information received at the public hearing, the Planning Commission adopted Resolution No. 17- " A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL CERTIFY THE ENVIRONMENTAL IMPACT REPORT, ADOPT ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPT A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPT A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE CYPRESS RIDGE PROJECT, CONSISTING OF APPROXIMATELY 22.73 ACRES GENERALLY LOCATED ON THE NORTHEAST CORNER OF PECHANGA PARKWAY AND LOMA LINDA ROAD (APNS: 961-450- 003, 961-450-012, 961-450-013)." Resolution No. 17- and the findings therein are hereby incorporated by this reference as set forth in full. G. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Provisions for Fiscal Impact Payments A. The City and owner estimate that the increased costs to the City of providing public safety and other municipal services to the area resulting from the General Plan Amendment and change of zone for the Project will substantially exceed the municipal revenue from the Project ("City Services Deficit"). The City has received a Fiscal Impact Analysis, dated as of July, 2017 ("FIA"), documenting the City Services Deficit. The owners of the property within the Project, and their successors in interest, shall pay the City the sum of four hundred twenty dollars ($420.00) per residential dwelling unit within the Project each year as mitigation for the City Services Deficit. Owner and its successors to the property within the Project may fulfill this obligation through a community facilities district established by the City pursuant to the Mello -Roos Community Facilities District Act of 1982, Government Code Section 53311, et seq., or other appropriated financing mechanism approved by the City; provided, however, the obligation of each owner and their successors to pay the City Services Deficit payment under this obligation remains an obligation of the owner and its successors regardless of the financing mechanism used to pay it and regardless of whether there is a financing mechanism to pay it. Section 3. Further Findings. The Planning Commission, in recommending approval the Zone Change/Planned Development Overlay Application No. PA15-1895, hereby finds, determines and declares that: Zone Change/Planned Development Overlay Planning Application No. PA15-1895 is consistent with the General Plan for the City of Temecula and with all applicable requirements of State law and other Ordinances of the City: A. The proposed Ordinance is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City; The proposed Zone Change/Planned Development Overlay Ordinance conforms to the City of Temecula General Plan Land Use Element. Furthermore, the proposed Zone Change/Planned Development Overlay Ordinance directly responds to Goal 5 Policy 5.1 of the General Plan Land Use Element. In addition to employing the City's planned development overlay zoning district tool, the Project is consistent with the above General Plan Land Use Element goal and policy in that it provides for a residential project in a predominately residential corridor of the City, has been planned and evaluated for consistency with the General Plan and its implementing programs (e.g., the planned development overlay zoning district). Furthermore, the Project has been designed to minimize impacts on surrounding land uses and infrastructure through required design guidelines, building orientation, circulation and access improvements, and other features and requirements of proposed Planned Development Overlay 15. Additionally, mitigation measures are identified in the EIR to further reduce the potential for impacts to surrounding uses and infrastructure. B. The proposed Ordinance is consistent with the Municipal Code and Development Code for the City of Temecula; The proposed Zone Change/Planned Development Overlay Ordinance is consistent with the existing General Plan land use designation for the project site. Planned Development Overlay 15 will establish the design and development framework for the project. As proposed and conditioned, the project design will be consistent with the General Plan and all applicable requirements of State Law and other Ordinances of the City. Section 4. Recommendation. The Planning Commission of the City of Temecula recommends that the City Council adopt an Ordinance entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 17 OF THE TEMECULA ZONING CODE TO ADD A NEW ARTICLE XVI (CYPRESS RIDGE PLANNED DEVELOPMENT OVERLAY DISTRICT 15) TO CHAPTER 17.22 (PLANNED DEVELOPMENT OVERLAY ZONING DISTRICT) ON A 22.73 ACRE SITE GENERALLY LOCATED ON THE NORTHEAST CORNER OF PECHANGA PARKWAY AND LOMA LINDA ROAD (APNS: 961-450-003, 961-450-012, 961-450-013) AND AMENDING THE TEMECULA ZONING MAP (PA15-1895)" in the form attached hereto as Exhibit A, attached hereto, and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 2nd day of August, 2017. ATTEST: Luke Watson Secretary [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA )ss John Telesio, Chairman I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 17-26 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 2nd day of August, 2017, by the following vote: AYES: 4 PLANNING COMMISSIONERS: Guerriero, Telesio, Turley-Trejo, Youmans NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 1 PLANNING COMMISSIONERS: Watts ABSTAIN: 0 PLANNING COMMISSIONERS: None Luke Watson Secretary PC RESOLUTION NO. 17-27 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING TENTATIVE TRACT MAP 37021 TO DIVIDE THREE EXISTING PARCELS TOTALING 22.73 ACRES INTO TWO LOTS (WITH THREE LETTERED LOTS) TO ALLOW FOR A RESIDENTIAL DEVELOPMENT ON THE NORTHEAST CORNER OF PECHANGA PARKWAY AND LOMA LINDA ROAD (APN 961-450-003, 961-450-012, 961- 450-013) (PA15-1893) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On December 21, 2015, John Fitzpatrick filed Planning Application Nos. PA15-1894, a General Plan Amendment; PA15-1895, a Zone Change/Planned Development Overlay; PA15-1893, a Tentative Tract Map; and PA15-1892 a Development Plan. These applications (collectively "Project") were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. 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. C. An Environmental Impact Report (EIR), Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations were prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA"). Thereafter, City staff circulated a Notice of Completion indicating the public comment period and intent to adopt the EIR as required by law. The public comment period commenced via the State Clearing House from March 2, 2017 through April 17, 2017. A Notice of Availability was also sent to adjacent property owners indicating a review period of March 2, 2017 through April 17, 2017. Copies of the documents have been available for public review and inspection at the offices of the Community Development Department, located at City Hall, 41000 Main Street, Temecula, California 92590; the Ronald H. Roberts Temecula Public Library located at 30600 Pauba Road; Temecula Grace Mellman Community Library located 41000 County Center Drive; and the City of Temecula website. D. On August 2, 2017, the Planning Commission considered a Final Environmental Impact Report ("EIR"), Planning Application Nos. PA15-1894, a General Plan Amendment; PA15-1895, a Zone Change/Planned Development Overlay; PA15-1893, a Tentative Tract Map; and PA15-1892, a Development Plan, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support of or opposition to this matter. E. Following consideration of the entire record of information received at the public hearing, the Planning Commission adopted Resolution No. 17- ,"A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL CERTIFY THE ENVIRONMENTAL IMPACT REPORT, ADOPT ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPT A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPT A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE CYPRESS RIDGE PROJECT, CONSISTING OF APPROXIMATELY 22.73 ACRES GENERALLY LOCATED ON THE NORTHEAST CORNER OF PECHANGA PARKWAY AND LOMA LINDA ROAD (APNS: 961-450-003, 961-450-012, 961-450-013)." Resolution No. 17- and the findings therein are hereby incorporated by this reference as set forth in full. F. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Commission, in recommending approval of Tentative Tract Map application PA15-1893, makes the following findings as required by Temecula Municipal Code Section 16.09.140: A. The proposed subdivision and the design and improvements of the subdivision are consistent with the Development Code, General Plan, any applicable Specific Plan and the City of Temecula Municipal Code.; As designed and conditioned, the proposed map is consistent with the Subdivision Ordinance, Temecula General Plan, and the City of Temecula Municipal Code. This is because it is consistent with size, setbacks, parking, water quality and other applicable standards. B. The Tentative Map does not propose to divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965, or the land is subject to a Land Conservation Act contract but the resulting parcels following division of the land will not be too small to sustain their agricultural use.; The land identified in the proposed map is not subject to the California Land Conservation Act of 1965 or Williamson Land Act. In addition, the land has not been used as agriculture in the recent past. C. The site is physically suitable for the type and proposed density of development proposed by the Tentative Map. The proposed map subdivides 22.73 acres to allow for residential uses. The proposed Tentative Tract Map design is consistent with the Temecula General Plan and the development standards for the Planned Development Overlay 15 zoning designation. This land is currently vacant and will accommodate the medium residential project as proposed. D. An environmental impact report has been prepared and a finding has been made, pursuant to Public Resources Code Section 21081(a) (3), finding that specific economic, social, or other considerations make infeasible mitigation measures or project alternatives identified in the environmental impact report. The project consists of a Tentative Tract Map on vacant property. An Environmental Impact Report (EIR) has been prepared for the project. Two impacts have been determined to remain significant and unavoidable after all mitigation has been taken into account (Traffic, Temporary Construction Noise). A Statement of Overriding Considerations has been prepared for the project. E. The design of the subdivision and the type of improvements are not likely to cause serious public health problems. The project has been reviewed and conditioned by the Fire, Public Works, Planning, and Building and Safety Departments. As a result, the project is consistent or has been conditioned to be consistent with Fire and Building Codes and the City's General Plan and Municipal Code which contain provisions to protect the health, safety, and welfare of the public. F. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible. The design of the subdivision provides for future passive or natural heating or cooling opportunities to the extent feasible. All development must meet all appropriate Building and Fire Code requirements as they relate to passive or natural heating or cooling opportunities. G. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision, or the design of the alternate easements which are substantially equivalent to those previously acquired by the public will be provided. All acquired rights-of-way and easements have been provided on the Tentative Map. The City has reviewed these easements and has found no potential conflicts. H. The subdivision is consistent with the City's parkland dedication requirements (Quimby Act). The project involves the construction of a residential development. The project will meet all Quimby requirements through the provision of park improvements and payment of Quimby fees. Section 3. Recommendation. The Planning Commission of the City of Temecula recommends that the City Council adopt a resolution entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING TENTATIVE TRACT MAP 37021 TO DIVIDE THREE EXISTING PARCELS TOTALING 22.73 ACRES INTO TWO LOTS (WITH THREE LETTERED LOTS) TO ALLOW FOR RESIDENTIAL DEVELOPMENT ON THE NORTHEAST CORNER OF PECHANGA PARKWAY AND LOMA LINDA ROAD (APNS: 961-450-003, 961-450-012, 961-450-013) (PA15-1893)"in the form attached to this Resolution as Exhibit "A", attached hereto, and incorporated herein by this reference. Section 4. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 2nd day of August, 2017. John Telesio, Chairman ATTEST: Luke Watson Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 17-27 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 2nd day of August, 2017, by the following vote: AYES: 4 PLANNING COMMISSIONERS: Guerriero, Telesio, Turley-Trejo, Youmans NOES: 0 PLANNING COMMISSIONERS None ABSENT: 1 PLANNING COMMISSIONERS Watts ABSTAIN: 0 PLANNING COMMISSIONERS None Luke Watson Secretary PC RESOLUTION NO. 17-28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DEVELOPMENT PLAN APPLICATION TO ALLOW FOR 245 RESIDENTIAL MARKET RATE UNITS CONSISTING OF DETACHED/ATTACHED CLUSTER, AND DUPLEX/TRIPLEX UNITS TOTALING APPROXIMATELY 439,341 SQUARE FEET. A 0.67 ACRE OFF-SITE EXISTING CONCRETE DRAINAGE DITCH INTO A LANDSCAPED INFILTRATION BASIN AND MAKING IMPROVEMENTS TO PALA PARK AND ADDITIONAL OFF-SITE LANDSCAPE IMPROVEMENTS NORTH OF THE PROJECT SITE ALONG PECHANGA PARKWAY (APN: 961-450-003, 961-450-012, 961-450-013) (PA15-1892) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On December 21, 2015, John Fitzpatrick filed Planning Application Nos. PA15-1894, a General Plan Amendment; PA15-1895, a Zone Change/Planned Development Overlay; PA15-1893, a Tentative Tract Map; and PA15-1892 a Development Plan. These applications (collectively "Project") were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. Collectively, the Project consists of a change in the General Plan designation on the site from Professional Office (PO) to Medium Density (M) residential and a rezone of the site from Professional Office (PO) to Cypress Ridge Planned Development Overlay District (to be known as PDO -15). PDO -15 is a series of standards and regulations that will govern all development on the property. These standards and regulations address architectural style, setbacks, and building height. Together, these regulations and standards seek to ensure cohesiveness in the design and aesthetic appearance, and compatibility with the surrounding community. In addition to the proposed PDO -15, the Project also includes a General Plan Amendment, Tentative Tract Map, and a Development Plan. 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. D. An Environmental Impact Report (EIR), Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations were prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA"). Thereafter, City staff circulated a Notice of Completion indicating the public comment period and intent to adopt the EIR as required by law. The public comment period commenced via the State Clearing House from March 2, 2017 through April 17, 2017. A Notice of Availability was also sent to adjacent property owners indicating a review period of March 2, 2017 through April 17, 2017. Copies of the documents have been available for public review and inspection at the offices of the Community Development Department, located at City Hall, 41000 Main Street, Temecula, California 92590; the Ronald H. Roberts Temecula Public Library located at 30600 Pauba Road; Temecula Grace Mellman Community Library located 41000 County Center Drive; and the City of Temecula website. E. On August 2, 2017, the Planning Commission also considered the Final Environmental Impact Report ("EIR"), Planning Application Nos. PA15-1894, a General Plan Amendment; PA15-1895, a Zone Change/Planned Development Overlay; and PA15-1893, a Tentative Tract Map, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support of or opposition to this matter. F. Following consideration of the entire record before it at the public hearing and due consideration of the Project the Planning Commission adopted Resolution No. , "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL CERTIFY THE ENVIRONMENTAL IMPACT REPORT, ADOPT ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPT A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPT A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE CYPRESS RIDGE PROJECT, CONSISTING OF APPROXIMATELY 22.73 ACRES GENERALLY LOCATED ON THE NORTHEAST CORNER OF PECHANGA PARKWAY AND LOMA LINDA ROAD (APN 961-450-003, 961- 450-012, 961-450-013)." G. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Commission, in recommending approval of Development Plan application PA15-1892, pursuant to Temecula Municipal Code section 17.05.010 hereby finds, determines and declares that Development Plan application No. PA15-1892 is consistent with the General Plan for the City of Temecula and with all applicable requirements of State law and other Ordinances of the City: A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City; The Project proposes a General Plan amendment. The current General Plan amendment designation for the Project area is Professional Office (PO). The amendment would change this to Medium Density (M) residential. The revised designation will allow the Project area to be consistent with the overall residential character of the Pechanga Parkway corridor. The Project is in conformance with the General Plan. The site is properly planned and zoned, and as conditioned, is physically suitable for the type of development proposed. The Project, as conditioned, is also consistent with other applicable requirements of State law and local Ordinances, including the California Environmental Quality Act (CEQA), the Citywide Design Guidelines, and Fire and Building codes. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare; The overall design of the Project, including the site, building, parking, circulation and other associated site improvements, is consistent with, and intended to protect the health and safety of those working and living in an around the site. The Project has been reviewed for, and as conditioned, has been found to be 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. Section 3. Recommendation. The Planning Commission of the City of Temecula recommends that the City Council adopt a resolution entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DEVELOPMENT PLAN APPLICATION TO ALLOW FOR 245 RESIDENTIAL MARKET RATE UNITS CONSISTING OF DETACHED/ATTACHED CLUSTER, AND DUPLEX/TRIPLEX UNITS TOTALING APPROXIMATELY 439,341 SQUARE FEET. A 0.67 ACRE OFF-SITE EXISTING CONCRETE DRAINAGE DITCH INTO A LANDSCAPED INFILTRATION BASIN AND MAKING IMPROVEMENTS TO PALA PARK AND ADDITIONAL OFF-SITE LANDSCAPE IMPROVEMENTS NORTH OF THE PROJECT SITE ALONG PECHANGA PARKWAY (APN: 961-450-003, 961-450-012, 961-450-013) (PA15-1892)" in the form attached to this Resolution as Exhibit "A', attached hereto, and incorporated herein by this reference. Section 4. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 2nd day of August, 2017. John Telesio, Chairman ATTEST: Luke Watson Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 17-28 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 2nd day of August, 2017, by the following vote: AYES: 4 PLANNING COMMISSIONERS: Guerriero, Telesio, Turley-Trejo, Youmans NOES: 0 PLANNING COMMISSIONERS None ABSENT: 1 PLANNING COMMISSIONERS Watts ABSTAIN: 0 PLANNING COMMISSIONERS None Luke Watson Secretary STAFF REPORT — PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: August 2, 2017 TO: Planning Commission Chairperson and members of the Planning Commission FROM: Luke Watson, Director of Community Development PREPARED BY: Eric Jones, Case Planner PROJECT Cypress Ridge, a residential project including Planning Application SUMMARY: Number PA15-1894, a General Plan Amendment to revise the General Plan designation from Professional Office (PO) to Medium (M) Density residential; PA15-1895, a Planned Development Overlay/Zone Change to revise the Zoning designation from Professional Office (PO) to Planned Development Overlay 15; PA15-1893, a Tentative Tract Map to allow for the creation of two lots from three; and PA15-1892, a Development Plan to allow for 245 residential market rate units consisting of detached and attached cluster units, and duplex/triplex units totaling approximately 439,341 square feet, the conversion of 0.67 acres of an off-site existing concrete drainage ditch into a landscaped infiltration basin, improvements to Pala Park and additional off-site landscape improvements north of the project site along Pechanga Parkway. The project is generally located at the northeast intersection of Pechanga Parkway and Loma Linda Road. RECOMMENDATION: Adopt a Resolution recommending City Council Approval of the project subject to Conditions of Approval CEQA: Environmental Impact Report (El R) PROJECT DATA SUMMARY Name of Applicant: John Fitzpatrick of RC Pechanga 20, LP General Plan Designation: Existing: Professional Office (PO) Proposed: Medium Density (M) Zoning Designation: Existing: Professional Office (PO) Proposed: Planned Development Overlay 15 (PDO -15) Existing Conditions/ Land Use: Site: Vacant Lots / Professional Office (PO) North: South: East: West: Existing Concrete Drainage Channel, Existing Single Family Residential / Low Medium (LM) Loma Linda Road, Existing Single Family Residential / Low Medium (LM) Temecula Lane, Existing Multi -Family Residential / Professional Office (PO) Pechanga Parkway, Existing Single Family Residential / Low Medium (LM) Lot Area: Total Floor Area/Ratio: Landscape Area/Coverage: Parking Required/Provided: BACKGROUND SUMMARY Existing/Proposed 22.73 Gross Acres Proposed Lot Coverage: 30% 22% On -Site and 16,604 Square Feet Off -Site 620 Spaces Provided Min/Max Allowable or Required N/A Maximum Lot Coverage: 35% N/A (no minimum requirement for residential) 620 Spaces Required On December 21, 2015, John Fitzpatrick submitted Planning Applications PA15-1894 (General Plan Amendment), PA15-1895 (Planned Development Overlay (PDO)), PA15-1893 (Tentative Tract Map), and PA15-1892 (Development Plan). These applications will allow for the development of a gated 245 unit market rate residential project known as Cypress Ridge. The development will consist of triplexes, duplexes, attached, and detached cluster housing units. The applicant has also proposed converting a concrete drainage channel into a landscaped infiltration basin, revisions to Pala Community Park, located immediately adjacent to the project, and the installation of off-site landscaping along a portion of Pechanga Parkway, north of the project site. An Environmental Impact Report was prepared for the project. Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. ANALYSIS General Plan Amendment/Zone Change and Planned Development Overlay The proposed General Plan Amendment will revise the existing General Plan designation from Professional Office (PO) to Medium Density (M) residential. The Zone Change will revise the existing zoning from Professional Office (PO) to Planned Development Overlay 15 (PDO -15). The proposed Zone Change and Planned Development Overlay will allow for a residential project to be located on currently vacant land totaling 22.73 gross acres. PDO -15 will contain zoning and development requirements for the project area. The applicant has proposed a density of 12.4 dwelling units per acre (DU/AC) for the project. This density is consistent with the Medium Density range designation in the City of Temecula General Plan (7.0-12.9 DU/AC). Other General Plan designations surrounding the project site include Low Medium (LM) to the north, west, and south, Professional Office (PO) to the east, and Open Space (OS) to the northeast. Tentative Tract Map The proposed Tentative Tract Map will divide three existing parcels totaling 22.73 gross acres into two parcels to allow for development of a residential project. Lot one will be comprised of residential units. Lot two will contain a proposed Water Quality Management Plan (WQMP) basin. These two newly created parcels will meet all PDO, Municipal Code, and General Plan requirements. The map will create two primary vehicular access points directly from Temecula Lane. The southernmost access point will be aligned with Sunflower Way located directly across Temecula Lane. These access points will be enhanced with accent paving. Site Plan The project will be comprised of 245 residential units consisting of triplex, duplex, attached and detached cluster units. These will be two and three-story market -rate for sale units. Three-story units will only be located near the middle of the project site and not along the perimeter. The unit mix will include 79 detached cluster units ranging in size from 1,947 square feet to 2,364 square feet, 63 attached cluster units ranging in size from 1,575 square feet to 1,938 square feet, and 103 duplex/triplex units ranging in size from 1,374 square feet to 1,582 square feet. The Development Code requires that a project in a Medium Density zoning district contain a minimum of 25% open space and a minimum of 200 square feet of private open space. The project incorporates 27% open space and private open space ranges between 200 and 794 square feet depending on the unit. The project will feature a variety of amenities for use by the residents. These amenities will include four tot lots, five picnic/seating areas, and a bocce ball court. The project will also include a club house. The club house will include a conference/meeting room, great room with kitchen facilities, and an outdoor sitting area with a fireplace. A pool and spa will be located adjacent to the clubhouse. The project layout enhances the walkability of the community by providing varied building placement and pedestrian pathways that interconnect throughout the entire site. This connectivity extends to the outer perimeter as well, even though the project is gated. Multiple pedestrian access points have been provided along Loma Linda Road and Temecula Lane. The project will also include a public walkway along the northern boundary of the site. This walkway will allow connectivity between Pechanga Parkway and Temecula Lane. In addition, a gathering area has been added totaling approximately 3,200 square feet and will be located at the intersection of Pechanga Parkway and Loma Linda Road. This space has been added at the request of the Pechanga Tribe so that they may gather when they hold their annual Eviction Remembrance Walk. The northern border of the project currently contains a concrete culvert. The applicant will remove the concrete and replace it with landscaping. The City of Temecula Development Code provides parking requirements for residential projects. According to the Code, 620 parking spaces are required for the project. The applicant has provided 620 parking spaces. These are comprised of 490 covered parking spaces provided by the two car garage included with each unit. The remaining 130 spaces will be uncovered and include guest spaces. A Condition of Approval has been placed on the project to ensure the CC&Rs contain language requiring residents to maintain space for two cars to fit within the garages. The project will also feature buyer options that can accommodate special needs families. These options include the following: • Ground floor bedroom and bathroom • Wider doors • Sound absorbent ceilings and walls • Fiberglass reinforced plastic over walls and/or soft walls • Tempered glass windows and mirrors • Natural light with sky lights or sun tubes • Clerestory lighting • Bathrooms with 4 foot tiled walls and flooring with floor drains • Bathroom plumbing with scald -prevention • Fiberglass and Dutch doors • Automatic swing door operator • Pre -wire for security systems 148 units will have a downstairs bedroom. However, all 245 units will be able to be equipped with the other special needs options. Architecture The proposed architectural styles for the structures are Spanish Colonial, Spanish Monterey, Spanish Mission, and Tuscan. The proposed clubhouse is based on the Spanish Colonial architectural style. Four sided architecture is provided throughout the project. The project utilizes stucco and manufactured stone as primary wall materials. The various materials and features proposed include, but are not limited to, the following for each architectural style: Spanish Colonial: Multiple low pitched roofs, arch doorways and windows, decorative tile, wrought iron planters, Spanish roof tiles. Spanish Monterey: Exposed heavy timber balconies, square windows with false shutters, flat roof tiles. Spanish Mission: Thick arches on the ground level, semi-independent bell gables and missions curved Baroque gables, smooth stucco, Spanish roof tile. Tuscan: Stone base and arched entry, wooden shades and false shutters, same sized windows on the first and second floor, Roman roof tile. The proposed elevations for the project achieve an overarching design to create street scenes with strong character and visual variety. Landscaping Perimeter streetscape landscaping will include a mix of trees and ground cover. All perimeter trees will be a minimum of 24 -inch box size. Trees and ground cover will also be located throughout the interior of the project site including common areas. As previously discussed, the existing concrete culvert will be modified to have the concrete removed and replaced with landscaping. These plantings will soften the visual aesthetic of this drainage feature while still enhancing its function. Growth Master Plan/Community Amenities On March 21, 2000, the City Council adopted the Growth Management Program which is intended to serve as the City Council's policy for the study and implementation of growth management measures in the City of Temecula. A policy of the plan is to consider approving residential projects at the lowest allowable density in each density category. Projects may be approved above the lowest density if the project provides onsite amenities that benefit the community as a whole. The project has proposed off-site community amenities by providing upgrades to Pala Park. Upgrades to Pala Park include, but are not limited to: • Cleaning exterior walls • Painting bathroom doors and frames • Replacing door hardware, interior base tiles, light fixtures, patricians, stainless plumbing fixtures • Revising the existing parking area to provide the correct amount of disabled parking spaces with appropriate signage • Replacing all playground equipment with equipment compatible for play by special needs children The project applicant has also agreed to install off-site landscaping along the east side of Pechanga Parkway, north of the project site. This area is located at the western most portion of the project site and extends north along Pechanga Parkway for approximately 1,050 feet. This vacant area does not currently contain any landscaping. The placement of landscaping along this stretch of road will beautify the area and totals approximately 16,604 square feet. Fiscal Impact Analysis According to the City's fiscal policies, a fiscal impact analysis (FIA) has been completed. The City's fiscal policies require FIAs to be completed for Development that proposes an increase in residential density from what is currently allowed in the General Plan. The FIA will be used to inform the creation of a City Services Community Facilities District (CFD). The services financed by the CFD include, but are not limited to, police protection services, fire protection, and municipal services. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the U -T San Diego on July 22, 2017 and mailed to the property owners within the required 600 -foot radius. ENVIRONMENTAL DETERMINATION Staff has reviewed the project in accordance with the California Environmental Quality Act (CEQA). It has been determined the project could have a significant impact on the environment; therefore, an Environmental Impact Report (EIR) has been prepared for the project. A Draft EIR was prepared under staff's direction by Environmental Science Associates (ESA) and was distributed to responsible agencies, interested groups, organizations, and individuals. The Draft EIR was made available for public review and comment via the State Clearinghouse for a period of 45 days. The public review and comment period for the Draft EIR established by the State Clearinghouse commenced on March 2, 2017 and expired on April 17, 2017. Notices were mailed to surrounding property owners, signs were placed on the property, and a notice was placed in the local paper. The City of Temecula received eight written comments and responded to each comment. Comments were provided by Golden State Environmental Justice Alliance, Riverside County Flood Control, Riverside Transit Agency, Caltrans, and four local residents. A copy of the City's responses has been provided to commenting agencies as required by State law. A copy of the Draft EIR document has been provided to the Planning Commission via the link at the end of this report. The environmental analysis identified five areas where impacts were considered to be less than significant. These areas are: Geology/Soils and Seismicity, Greenhouse Gas and Emissions and Climate Change, Population and Housing, Public Services, and Utilities. Seven areas were identified where potentially significant impacts could be avoided or mitigated. These seven areas include Aesthetics, Air Quality, Biological Resources, Cultural Resources, Hazards and Hazardous Materials, Hydrology and Water Quality, and Land Use. The EIR contains mitigation measures for those environmental impacts that can be mitigated to a less than significant impact in the form of a Mitigation Monitoring and Reporting Program. Two areas were identified as resulting in Significant and Unavoidable Impacts. These areas are: 1) Noise due to temporary construction and; 2) Traffic at the 1-15 southbound ramps at Temecula Parkway operating at an unacceptable Level of Service (LOS) when evaluated under the Future Buildout (2035) Plus Project scenario. In accordance with Section 15093 of the State CEQA Guidelines, a Statement of Overriding Considerations must be adopted prior to approval of the project because of these impacts. A Statement of Overriding Considerations states that any significant adverse project effects are acceptable if the expected project benefits outweigh unavoidable adverse environmental impacts. The project provides four primary benefits to the community. The first is that families with special needs members will be able to find housing with options available that are advantageous to assisting them with their day-to-day living. Second, the project will include an enhancement to Pala Park which will include special needs compatible playground equipment, refurbishing the existing restrooms, and providing the appropriate number of disabled parking spaces and related signage. Third, the project will install off-site landscaping along Pechanga Parkway, north of the project site. This area is located at the beginning of the western most portion of the project site and extends north along Pechanga Parkway for approximately 1,050 feet. The placement of landscaping along this stretch of road will beautify an area that currently contains no landscaping. Additional landscape improvements include replacing the concrete in the existing culvert with landscaping. Fourth, a public trail installed along the northwestern project boundary will provide an access point from Pechanga Parkway to Temecula Lane and Pala Park. This trail will be accessible to both the residents of the project and surrounding communities. FINDINGS General Plan Amendment The General Plan Amendment is in the public interest. The current General Plan designation for the proposed project area is Professional Office (PO). The amendment would change this to Medium Density (M) residential. The revised designation will allow the project area to be consistent with the overall residential character of the Pechanga Parkway corridor. The General Plan Amendment is in the public interest because it provides for additonal residential options, enhancements to Pala Park, inclusion of landscaping to a portion of Pechanga Parkway to beautify this area, and connectivity of trails in this portion of the city. 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 General Plan Amendment will ensure compliance with all Building, Fire, and Development Codes. These codes set policies and standards that protect the health, safety and welfare of the community. In addition, the General Plan Amendment is tied to a Planned Development Overlay that establishes specific design guidelines and standards that ensure compatibility and interface with the surrounding community. Therefore, the General Plan Amendment is compatible with the health, safety and welfare of the community. 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 project area consist primarily of residential, and a public park. The project would provide for additional residenital units that are in character with the surrrounding built environment. 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 amendment will implement the goals and policies of the City's General Plan, provide for residential uses in an area comprised of residential development, and impose appropriate standards and requirements with respect to land development 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 land use pattern that protects and enhances residential neighborhoods" (Goal 5). The project site is surrounded by existing residential and the current the Land Use designation is Profesional Office (PO). A commercial office complex can be constructed on the project site with the current land use desigation. This type of use would be out of character with the residential uses located in the surrounding area. The General Plan Amendment will allow for a market rate residential project to be located on the site by revising the land use designation to Medium Density (M) residential. Allowing residential development to occur in an area comprised of residential development will protect and enhance the existing neighborhoods. Zone Change/Planned Development Overlay The proposed Ordinance is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City; The proposed Zone Change/Planned Development Overlay Ordinance conforms to the City of Temecula General Plan Land Use Element. Furthermore, the proposed Zone Change/Planned Development Overlay Ordinance directly responds to Goal 5, Policy 5.1, of the General Plan Land Use Element. In addition to employing the City's planned development overlay zoning district tool, the proposed project is also consistent with the above General Plan Land Use Element goal and policy in that it provides for a residential project in a predominately residential corridor of the City, has been planned and evaluated for consistency with the General Plan and its implementing programs (e.g., the planned development overlay zoning district). Furthermore, the project has been designed to minimize impacts on surrounding land uses and infrastructure through required design guidelines, building orientation, circulation and access improvements, and other features and requirements of proposed Planned Development Overlay 15. Additionally, mitigation measures are identified in the EIR to further reduce the potential for impacts to surrounding uses and infrastructure. The proposed Ordinance is consistent with the Municipal Code and Development Code for the City of Temecula. The proposed Zone Change/Planned Development Overlay Ordinance is consistent with the existing General Plan land use designation for the project site. Planned Development Overlay 15 will establish the design and development framework for the project. As proposed and conditioned, the project design will be consistent with the General Plan and all applicable requirements of State Law and other Ordinances of the City. Development Plan (Section 17.05.010) The proposed uses are in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City. The Project is in conformance with the General Plan. The site is properly planned and zoned, and as conditioned, is physically suitable for the type of development proposed. The project, as conditioned, is also consistent with other applicable requirements of State law and local Ordinances, including the California Environmental Quality Act (CEQA), the Citywide Design Guidelines, and Fire and Building codes. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The overall design of the project, including the site, building, parking, circulation and other associated site improvements, is consistent with, and intended to protect the health and safety of those working and living in an around the site. The project has been reviewed for, and as conditioned, has been found to be 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. Tentative Map (Section 16.09.140) The proposed subdivision and the design and improvements of the subdivision are consistent with the Development Code, General Plan, any applicable Specific Plan and the City of Temecula Municipal Code. As designed and conditioned, the proposed map is consistent with the Subdivision Ordinance, Temecula General Plan, and the City of Temecula Municipal Code. This is because it is consistent with size, setbacks, parking, water quality and other applicable standards. The Tentative Map does not propose to divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965, or the land is subject to a Land Conservation Act contract but the resulting parcels following division of the land will not be too small to sustain their agricultural use. The proposed map is not subject to the California Land Conservation Act of 1965 or Williamson Land Act. In addition, the project has not been used as agriculture in the recent past. The site is physically suitable for the type and proposed density of development proposed by the Tentative Map. The proposed map subdivides 22.73 acres to allow for residential uses. The proposed Tentative Tract Map design is consistent with the Temecula General Plan and the development standards for the Planned Development Overlay 15 zoning designation. The design of the subdivision and the proposed improvements, with conditions of approval, are not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The project consists of a Tentative Tract Map on vacant property. An Environmental Impact Report (EIR) has been prepared for the project. As conditioned, the project is not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The design of the subdivision and the type of improvements are not likely to cause serious public health problems. The project has been reviewed and conditioned by the Fire, Public Works, Planning, and Building and Safety Departments. As a result, the project is consistent or has been conditioned to be consistent with Fire and Building Codes and the City's General Plan and Municipal Code which contain provisions to protect the health, safety, and welfare of the public. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible. The design of the subdivision provides for future passive or natural heating or cooling opportunities to the extent feasible. All development must meet all appropriate Building and Fire Code requirements as they relate to passive or natural heating or cooling opportunities. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision, or the design of the alternate easements which are substantially equivalent to those previously acquired by the public will be provided. All acquired rights-of-way and easements have been provided on the Tentative Map. The City has reviewed these easements and has found no potential conflicts. The subdivision is consistent with the City's parkland dedication requirements (Quimby Act). The project involves the construction of a residential development. The project will meet all Quimby requirements through the provision of park improvements and payment of Quimby fees. ATTACHMENTS Vicinity Map Plan Reductions PC Resolution Recommending City Council Certification of EIR and Actions Related Thereto City Council Resolution Certifying the EIR and Actions Related Thereto PC Resolution — General Plan Amendment Exhibit A — City Council Resolution PC Resolution — Zone Change and Planned Development Overlay Exhibit A — City Council Ordinance PC Resolution — Tentative Tract Map Exhibit A — City Council Resolution PC Resolution — Development Plan Exhibit A — City Council Resolution Draft Environmental Impact Report (DEIR) with Appendices which can be downloaded at: https://temeculaca.gov/362/Environmental-Review-CEQA Final Environmental Impact Report (FEIR) which can be downloaded at: https://temeculaca.gov/362/Environmental-Review-CEQA Public Correspondence Notice of Public Hearing DRAFT ENVIRONMENTAL IMPACT REPORT (DEIR) (AVAILIBLE AT http://temeculaca.gov/362/Environmental-Review-CEQA) FINAL ENVIRONMENTAL IMPACT REPORT (FEIR) (AVAILIBLE AT http://temeculaca.gov/362/Environmental-Review-CEQA) Eric Jones From: Dave Van Laeys Sent: Thursday, August 24, 2017 6:52 PM To: Eric Jones Subject: Re: Cypress ridge Follow Up Flag: Follow up Flag Status: Flagged Eric Thank you I will be traveling for work and won't be able to attend Please tell them to not do this for me? If you recall I had asked for some pit door ping pong tables around town The new park off via Puebla and Monte verde would be perfect place for one Thanks Get Outlook for iOS From: Dave Van Laeys Sent: Thursday, March 9, 2017 4:36:14 PM To: eric.jones@temeculaca.gov Subject: Cypress ridge Eric Thank you for your phone call today . We have too much traffic existing from "Cypress ridge" to the 15. The amount of additional traffic this would cause is not acceptable David Get Outlook for iOS Eric Jones From: Steven Sopher Sent: Tuesday, August 22, 2017 7:28 PM To: Eric Jones Cc: A Subject: Proposed Cypress Ridge Development Good evening Mr. Jones. My name is Steve Sopher, I currently reside in the Wolf Creek Sequoia development. I was contacted by a friend who currently lives in the Wolf Creek Mahogany development. There are a number of residents (88) in Wolf Creek Mahogany who are concerned about the impact of the proposed Cypress Ridge development. A major deficit of the project is the lack of appropriate parking resource. There are 245 units planned for Cypress Ridge with 620 parking spaces. The 620 figure counts each two car garage being filled with two vehicles. If you back out the "garage" capacity, there are only 130 open parking spaces left. This means there's one-half of a parking space available per residential unit. A 2008 study conducted by Esperian Automotive found the following: Average number of cars per household: 2.28 Single vehicle households equal 34% of the population. Two vehicle households equal 31 % of the population. Three or more vehicle households equal 35% of the population. Looking at three or more vehicle households, 35% of 245 = 85.75 units x 3 vehicles equals 257 vehicles. If each household parks two cars inside their garage, 87.75 units x 2 equals 175 vehicles. 257 vehicles minus 175 means a minimum of 81 cars would routinely need to be parked in open spaces which leaves 48 spaces (best case sceanario) for the remaining 159 units. Clearly planned parking resource is inadequate. Subsequent to 2008 demographic trends have expanded to include an increase of adult children living at home for extended 1 periods of time, sometimes well into their thirties, as well as multigenerational congregate living as parents live longer. More common than not each adult has their own personal vehicle. For example, a family of five, mom, dad, retired grandpa (say 75), and two young children (say 17 and 19) will have five cars. If they do use the garage for parking, they will need to take three open parking spaces on an ongoing basis...provided they are using their garage for parking...yet only one-half of a space has been planned for them. The proposed parking resource does not account for visitors, or people temporarily staying with a family for short periods of time. It does not account for in-home support service providers who will be visting Senior Citizens in their homes providing personal assistance. I understand the proponents of this project felt the HOA will have the necessary CC&R's in place to enforce the use of the garage for parking. There are several problems with this: 1. The CC&R's will not be available for the City to review prior to approving the project. 2. The content of the CC&R's are outside of the City and the State of California's jurisdiction. 3. The cattle a of the CC&R 's are not subject to the City or State of California's approval. 4. Even assuming appropriate parking CC&R's are in place, there's no legal mechanism to enforce therm. I live in the Wolf Creek Sequoia development. We have a problem with too many cars and not enough open parking spaces. Our density is less than Cypress Ridge but similar. We do have a specific, clear, CC&R which requires residents to maintain their garage such that vehicles can be parked inside. When reviewing this stipulation with my HOA, and upon subsequent review by their legal counsel, my HOA was advised they have no legal authority to inspect anyone's zarage to ensure/enforce compliance with this CC&R. Residents cannot be compelled, directed, or otherwise ordered to open the garage door for inspection. Regardless of the number of vehicles per household, the majority of residents do not ever use their garage for parking, but for storage. Wolf Creek Mahogany is in immediate geographic proximity to the proposed Cypress Ridge project. 2 The residents of Wolf Creek Mahogany realistically are concerned about the spill-over of excess vehicles from Cypress Ridge to access parking capacity in their neighborhood. Clearly this will have a negative impact on Wolf Creek Mahogany. I respectfully request the City reconsider the proposed parking resource for the Cypress Ridge project and develop an alternative solution which realistically acknowledges current demographic trends along with the HOA' s legal inability to regulate the use of proposed parking capacity. Thank you for your patience and consideration of this letter. Respectfully, Steve Sopher 3 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. Place of Hearing: 41000 Main Street, Temecula, CA 92590, City of Temecula, Council Chambers Date of Hearing: Time of Hearing: Case Nos.: Applicant: Location: Proposal: Environmental Action: September 5, 2017 6:00 p.m. PA15-1892, PA15-1893, PA15-1894, PA15-1895 John Fitzpatrick Northeast intersection of Pechanga Parkway and Loma Linda Road Cypress Ridge, a residential project including Planning Application Number PA15-1894, a General Plan Amendment to revise the General Plan designation from Professional Office (PO) to Medium (M) Density residential; PA15-1895, a Planned Development Overlay/Zone Change to revise the Zoning designation from Professional Office (PO) to Planned Development Overlay 15; PA15-1893, a Tentative Tract Map to allow for the creation of two lots from three; and PA15-1892, a Development Plan to allow for 245 residential market rate units consisting of detached and attached cluster units, and duplex/triplex units totaling approximately 439,341 square feet. An additional 0.67 acres of project area is located off-site immediately north of the project site. This area will convert an existing concrete drainage ditch into a landscaped infiltration basin. The project also proposes improvements to Pala Park and additional off-site landscape improvements north of the project site along Pechanga Parkway. The project has been reviewed in Accordance with the California Environmental Quality Act (CEQA). The proposed project will have two significant impacts upon the environment (temporary construction noise, and traffic, 1-15 SB Ramps and Temecula Parkway Intersection) based upon a completed Environmental Impact Report (EIR) and Mitigation Monitoring and Reporting Plan. As a result, a Statement of Overriding Considerations will be required in compliance with CEQA. Staff is recommending that the City Council adopt the EIR for the project. -- W- 41l- -= -- 114 Pis; WON f� 412 tit 1� 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. 1 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. 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, 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 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 Eric Jones, City of Temecula Community Development Department, (951) 506-5115. 2 Item No. 18 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Luke Watson, Director of Community Development DATE: September 5, 2017 SUBJECT: Approve the Generations Project Including a Development Plan and Planned Development Overlay Amendment (Planning Application Nos. PA15-1885 and PA 15-1886 ) PREPARED BY: Scott Cooper, Associate Planner RECOMMENDATION: That the City Council conduct a Public Hearing and approve the Generations Project including a Development Plan and Planned Development Overlay Amendment (Planning Application Nos. PA15-1885 and PA15-1886) and adopt related resolutions and introduce ordinance: 1. Adopt a resolution entitled: RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A MITIGATED NEGATIVE DECLARATION, AND MITIGATION MONITORING PROGRAM FOR A PLANNED DEVELOPMENT OVERLAY AMENDMENT TO THE LINFIELD CHRISTIAN SCHOOL PLANNED DEVELOPMENT OVERLAY (PDO -7) AND A DEVELOPMENT PLAN APPLICATION FOR THE CONSTRUCTION OF AN APPROXIMATELY 493,044 SQUARE -FOOT INDEPENDENT LIVING, ASSISTED LIVING, AND MEMORY CARE COMMUNITY CONTAINING 317 UNITS GENERALLY LOCATED ON THE SOUTH SIDE OF RANCHO VISTA ROAD, APPROXIMATELY 2,500 FEET EAST OF MARGARITA ROAD (APNS 955-020-019, 955-020-018, 955-020-012, 955-020-017) 2. Introduce and read by title only an ordinance entitled: ORDINANCE NO. 17 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A PLANNED DEVELOPMENT OVERLAY AMENDMENT (PA15-1886) TO THE LINFIELD CHRISTIAN SCHOOL PLANNED DEVELOPMENT OVERLAY (PDO -7) GENERALLY LOCATED ON THE SOUTH SIDE OF RANCHO VISTA ROAD, APPROXIMATELY 2,500 FEET EAST OF MARGARITA ROAD (APN 955-020-019, 955-020-018, 955-020-012, 955-020-017) 3. Adopt a resolution entitled: RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DEVELOPMENT PLAN (PA15- 1885) TO ALLOW FOR THE CONSTRUCTION OF AN APPROXIMATELY 493,044 SQUARE -FOOT INDEPENDENT LIVING, ASSISTED LIVING, AND MEMORY CARE COMMUNITY CONTAINING 317 UNITS GENERALLY LOCATED ON THE SOUTH SIDE OF RANCHO VISTA ROAD, APPROXIMATELY 2,500 FEET EAST OF MARGARITA ROAD (APN 955-020-018) SUMMARY OF ORDINANCE: An Ordinance for a Planned Development Overlay Amendment to the Linfield Christian School Planned Development Overlay (PDO -7) generally located on the south side of Rancho Vista Road, approximately 2,500 feet east of Margarita Road. BACKGROUND: The proposed project will allow for the development of an approximately 493,044 square -foot independent living, assisted living, and memory care community containing 317 units. The project will include a Planned Development Overlay Amendment to the existing Linfield Christian School Panned Development Overlay (PDO -7). The proposed amendment includes language specific for congregate care housing as it relates to the review of design guidelines, revisions to the planning area boundaries, changing the congregate care housing land use from a conditionally permitted use to a permitted use, and addition of development standards that did not exist in PDO -7. The congregate care facility consisting of ten structures is collectively known as the Linfield Village Senior Living Community. The project was presented to the Infill Land Use and Project Review Ad Hoc City Council Subcommittee on March 14, 2017. At this meeting, that the applicant attended, the subcommittee requested additional elements of Spanish architecture be included on the proposed elevations. The applicant did revise the elevations to include accent popouts, decorative wall tiles, arched transoms and decorative wrought iron railing and gates. Staff presented the project to the Planning Commission on June 21, 2017, with the recommendation that the Planning Commission recommend City Council approval of the project subject to the Conditions of Approval and mitigation measures contained in the Mitigated Negative Declaration (MND). There were twenty-two public speakers for the project at the hearing. Thirteen public speakers expressed support for the project, seven speakers expressed opposition, and two were neutral. The speakers who spoke in opposition to the project discussed the size of the project as a whole and the size and color of the building along Rancho Vista Road, traffic concerns, the location of the existing cross walk on Rancho Vista Road, lighting from the project, noise related to emergency vehicles, and the allowed hours of construction. Commissioners Guerriero and Youmans expressed concerns with the location of the existing crosswalk on Rancho Vista Road located approximately 140 feet west of the project boundary in regards to the visibility of the crosswalk when traveling west on Rancho Vista Road. Since the Planning Commission hearing, staff has worked with the applicant and the Temecula Valley Unified School District to move the location of the crosswalk approximately 630 feet to the east at the intersection of Rancho Vista Road and Via El Greco that will offer better visibility of the crosswalk. In addition, LED notification signage will be installed that alerts drivers of automobiles to when people are present within the crosswalk. The new condition shall read: • "Rancho Vista Road Crosswalk. Relocate the existing crosswalk on Rancho Vista Road adjacent to the Temecula Valley Unified School District Office (31350 Rancho Vista Road) to Rancho Vista Road and Via El Greco/Linfield Village Main Gate entrance to provide a north/south connection. The crosswalk shall include solar powered School Zone Pedestrian Crossing LED signs with wireless sensor activation, and solar powered Pedestrian Motion detection at crosswalk." Commissioner Guerriero also expressed concerns with "egg shell" as the predominant color of the project commenting that the bright white color may be too much for a project of this scale and asked the applicant to provide a darker color alternative that could be shown to the City Council. While preferring the "egg shell" as it is more in line with their vision of the project and the Spanish revival architectural style, the applicant provided an alternative darker "urban putty" color for consideration. ENVIRONMENTAL: A Mitigated Negative Declaration concerning the Project was prepared in accordance with the provisions of the California Environmental Quality Act (CEQA). The City Council must adopt a Mitigated Negative Declaration for the Project, including a Mitigation Monitoring and Reporting Program. FISCAL IMPACT: None ATTACHMENTS: 1. Plan Reductions 2. City Council Resolution Adopting Mitigated Negative Declaration, and Mitigation Monitoring and Reporting Program 3. City Council Ordinance Planned Development Overlay Amendment with Exhibit A 4. City Council Resolution Development Plan with Exhibit A 5. Planning Commission Resolution Recommending Adoption of the Mitigated Negative Declaration 6. Planning Commission Resolution Recommending Approval of a Planned Development Overlay Amendment 7. Planning Commission Resolution Recommending Approval of a Development Plan 8. Planning Commission Staff Report of June 21, 2017 9. Draft Mitigated Negative Declaration — On File in the Community Development Department 10. Final Mitigated Negative Declaration 11. Notice of Public Hearing .,rc.i �u.v arR..u. 2.2.•x2, PROJECT INF..) OPEN SPACE EXISTING VEGETATED AREA BLDG A6 MEMORY CME 2 STORIES BLDG Al "" 2 STORIES • y.. -D N6. BLDG A3 INDEPENDENT LIVING 4 STORIES OVER PARTIAL PARKING GARAGE 991. i9.91 COP.5949.1. 1,1 alt .44 R•9..4 994 0 900 • Ynnm. I � b 11.9Y912.0. 49-1 ..2.2 Smarm pow Max .fim22426 pu S.22.42.2 A2a2.m. we. mama vale WNW 2.22 1091.1•19,11.11 4.9. O FFICEMLALITA I. c2on IND lIVINO REPORT og., IND LINN, ono an •411.41,..1141.1e1 s.2. M. CP Up 9, .m .04.9u (9 911 /0999; MY. .BL.. eo V.! ,774 — 222.1.1 .+a.we LAADOSPRILC RI OAP. 9,652 SP K ..a S..m 1444 V21147 Mk IV WE 4.4 IA.. on 799'. MM. SPIORICO MM. MORA P.cR+c 1971.• 4— i12iAil �._M. .WIMUM .r. +amu MUM =CU farcy ..cc..MB .4 .. 122..cm 22.2 .222 22.02 1 ;. 132 u1 CLAVNED Vad. 014,4 BLDG A2 1 STORY 31601 BUM.. INDEPENDENT DENTLIVNG OVFA VMINES G GAAAD 1 I . I I -L. -.I PRELIMINARY PROJECT CONDITIONS Pncroxcc OR ABSENCE OE LILRROVIIAG OWLS YE 1`.144.4 1VOW 4 MM.. 441 10RB2. ALL OPOR, AISLE ..1.110). LNCLC,LRES TO OE EASEMENT NOTE LOT DRAPA.E „ADrWITH fE OF OM, OW.)..J •� • """" m EXISTING E,444.4 Ns HIGH ate'"' SCHOOL U rat d LL nn .19 991 F W P 444. Al VILE,oa 99,10 0C{Too; ANL IBu x AI OBJ EYS b >a 1-7 n —20,2274, 2222 22422. MAC 9111, PRI,. PARC, BALROME. OCOLO (9[19 COURTIVAA0 d 4N, pep, excomo, 4cio NLRB.) CP ASCISRED LIPIAIO CO.., .wC, PCP LA. Yam cf, nA . GENERATIONS fA1Li L,Y OFc k7A,•:I KB .x u 2:.... .14...I A.e.At» .a.. 74 .PEI .1147.4. 2....m >r ..r. ...�.�.-2.,w. LU > LL J z — J0 Z LU N 46, r .4.1 SITE PLAN A1.1 AP.v,/NNS_C2C-me EA_, -,es L REVIEW 6.U9,RTP1 •6 • GI+,ZE511 ELEVATION Vi ' a" TYPICAL BUILDING TRASH/ RECYCLING ALCOVE - 5 SCALE 1/."•1'-17 $111111nollillo TYPICAL GATE DETAIL iN Linfield -Village 15wr ala Nal TYscaPICms va MOvNUMENT SIGN 10 AL I MILIMMIEREI Elti GREETING BOOTH SOUTH ELEVATION sc.(s ,rv..r • ( 2 TYPICAL TRASH/RECYCLE ENCLOSURE GATE 6 SCALE I/4,1,P GREETING BOOTH WEST ELEVATION (EAST SIM) 3 s0L •4T TYPICAL TRASH/RECYCLE ENCLOSURE SIDE SCWE IM�I'P GREETING BOOTH NORTH ELEVATION SCALE II1•1,0. LI L 4 TYPICAL TRASH/RECYCLE ENCLOSURE DOOR SCALE 114,1.0• EZEEZEUraila prO O VISTA "ROAD FIRE HYDRANT LOCATIONS & SPACING 564E 1,100.-0.11 FI�I�H vJTE IE IT- ' ,r- _ 1 . 46. 3. 4a 414 . N- r Ea. ,n.a LE V NORTH FENCE ELEVATION t3 SCALE 1,4,0 - GENERATIONS lad GENERATIONS FAMILY OF COMPANIES .doyQm Cw..e.i N..geam 8001 SE Cary A..m.I Mil d.N 0706 Tel (501)1st-0750 (S(11) 706.151 H z WDCC J p =JAL > W 01— J _ W> LL z Q J0 z W N SITE DETAILS A 1 .2 „dz B4...I -ir nomp L.4. : 1 ,. : -.• '. : 0- 4., 4 ' : _ • '. rt..1.• IMMI 71 (4 114111mg .11. 21fc 6.51c 1.1 k S.91 2.21 . L. Dr. W11104.1, 1-6 Fe 4.4k . .. 4.41 . , .. r fie ado .0 2.0 ft 2.1k . . 1.4.r 411- , . L31431 ^ 14 14 Y.)) • • : :. . + 1.1k. Sik :.... 4.•,... ...: r. PkI:4 .,•-••••" • 3 , iCa• .1a " -rt GENERATIONS FAMILY OF COMPANIES Das,comar Coma Nuagram ara Tel (50.2)32)0(5750 F.: (3E) 71/6-661 owagraaviankam >- w () <( — 10 >w 01— °Z—v) W> u__J z — Ce —10 z uJ SITE UGHT1NG PHOTOMETRIC A1.3 1 I 4, •.-• ^ FF GEM 11 iIc11Yi�• 11 ra IDI y n: I�r.','}-_I.U71 11 II INDEPENDENT LIVING BUILDING A CORE INDEPENDENT LIVING • MIN SITE SECTION attic i.zo ASSISTED LIVING ii.1 1 u u;n }}7 fi Z —'1 El Ti171 }}i �i tB ���f+1;i�iii . .. „tip 4F . ,q,„„„..... . „.....,„.,..„,„.,,„_.,.„,.1,,J,,,,, wi. III.I�if_._ SITE SECTION 31433 Corte Maden !MAUR iwa 6 ASSISTED LIVING 31367 Cone Camarillo 1 RANCHO V16TA ROAD ASSISTED LIVING ENTRANCE MEMORY CARE RANCHO VIUTn ROAD ]II4SE Came B1.146. SITE SECTION ROLL .. NIAR C ■. pfiM,psi 1i :::il INDEPENDENT LIVING INDEPENDENT LIVING ENTRANCE/PLAZA SITE SECTION ISKE INDEPENDENT LIVING D INDEPENDENT LIVING VILLAS SITE SECTION ROAR VARRC E GENERATIONS FAMILY OF COMPANIES D.wp..0 ca.wma Muyoma MAI .2 OM Po I i 1— Z 'wn D V Q2 J p LiU > 0'•- Z J w > U_ z J 0 z w N SITE SECTIONS A1.4 DARK EXPOSED WOOD 1 WHITE STUCCO ' 2 COURTYARDS AND PLAZAS ,3' - I - ELEMENTS OF SPANISH REVIVAL STYLE - EXAMPLES AND FEATURES AT LINFIELD VILLAGE, TEMECULA VIGNETTE A MAIN ENTRY - INDEPENDENT LIVING BUILDING A SEE SHEET A -A5 1 VIGNETTE B FOUNTAIN PLAZA/CHAPEL EXTERIOR BUILDING A SEE SHEET A -A5 1 VIGNETTE C MEMORY CARE EXTERIOR BUILDING A SEE SHEET A -A5 1 VIGNETTE E INDEPENDENT LIVING ENTRANCE BUILDING B SEE SHEET B -A5 1 VIGNETTE D GARAGE ENTRY/SOUTH WING - INDEPENDENT LIVING BUILDING A SEE SHEET A -A5 1 VIGNETTE F VILLAS BUILDING C SEE SHEET C -A3 1 4 TERRACOTA ROOF 5 DECORATIVE WROUGHT IRON 6, BALCONIES AND PATIOS 7 CURVES & ARCHES GENERATIONS FAMILY OF CONI l'ANI ES (Sua on mw La. ,5111) ]xb usl 1- Z LU D <(Z;( Jp \JU0 / Z Q Z a J _ J LLI> 7 LL J m Z - rz —Jo Z Lu cn DESIGN CONCEPTS SPANISH REVIVAL STYLE 4t A2.1 -- I .. .. 7"—?—? c3 -- GENERATIONS FAMILY OF COMPANIES 111501 SE C..q w.. l Ka. OR 9799, Td ,SO11 1f4S0 Fu I5011 7.41.-1 vono >- H Z LLI J0Q Q QN - V Jf 1 ilCg N — PO 1 Z gan 0— 01 O O x Z J J iwa 1111 ; Le �0 LL 03 - z J 0 z LLI N DRCLOPIOLFT PLAN 0.3.17 BUILDING A LEVEL 00 FLOOR PLAN A—A3.0 APN4955-010-018 PA15-1885I -• 41pp 'p0N 0' gp ��aa �S, e p•.r ,¢rr� .. 1 .. 1 w T — ! r .. '•' — , -- .. .. �..,_ .. ? .. ? « , ... +•r .. .. .. w 'v r I I) — l'—? `. GENERATIONS FAMILY OF COMPANIES 1 1 iW01 SCC., Ann. I P.WW.OR 9Vie IMEIF NW 'MCP -EMI I Tel. 15(13, 052-1030 II i .111 e trg d 7.. '..- CID- it �1ii~`� - m- er moi. _tea. -0 ..+ '4):• I lb W +4 -H -;-F# :Irk 00 "_°. d? _ O 1�-- 0.::1:: . b b b b bit b Z •111, sl+� moo, -I� � D 'If ■ ffi a o 79i'INIVSVOir [ VIM 3.3.1133 S." AS Q II i'+� 1a 1 AIY0,0 rill g� iii ILA, 1.10.11V We :er v rms ems -e �. ,a =n1 MCC Al V.Irr con. D ,^ p N -.=-..-. '- Il - i III2.1. It. ASSISTED MVO o[WARW.r� > Z 1g I, . L Fia O — Iii mil lfl- J • ICG®Om �J .0 ■ --�41 n pp `'— 2Q� ... T. 1143 its rills€ lirlam l C 1 "• F `—"—J ,,,� w` Q Uma •• . vif [[r.-.rs• 11 e F ., p❑q pncap • o " 4�d ❑ •o h 4i ra 1 rss w +a030 f — — JILI Q D `o •- .LW ■■ • 213 1.2•0 G r r .. ,.._.: r ElMini rri !III r :''•0 Z •• yy ' 1 ,F r--- 1, II ar LW 20 al:K IV 0LER �' - _ , , , 1 + 'i! � ms=s JO �■+� 4 ff ! I� .k ■ sus smr p es .4.44.,, — At .41 775 a.. A i .., nroMaffc nr un 1411.041. 2.70 w .•r. p ,Or.. MI NO. N Ed '�" 1!r 41164 J ..,,. _ - n J`;11a , 1- f .4i to I' ra - I [IIII BUILDING A Q_ al ss et ©1 111:1111:11.2:.-. LEVEL 01 _. .. -.. v FLOOR PLAN 41M¢RTr,yRi A—A3.11 i 1 I APN1955-020-01E PAIS-i8BS1 r K9 t 1' • ` ? - 0 - 0 -0 o- - 00 - 0 - 0 • .34 ..,:o• uaim WI. 1120 Sr ✓ AC 4 4.00 11.1 4 0444 Wr MT Pr 06 211 tart Lysr 0.1.490 5 1101013.10 — .1.1.1313 10004 10, 1$5�6$ask$�e&&�� D w o prraausr • 140 SIZE POO SOO ,1.6•1P4 302 ▪ 10 WimW1 "' __' 6 6- a - b 6 6 .. 4 .. 6..6 - . 6 -• 6 •- 6 __ 6 - 6-6 6 .. 6 .. 6 GENERATIONS FAMILY OF COMPANIES 1)••••• sl••••• 6601 SE C_, n.m., Past OM 95016 F.. O) 700]60 W) 711.0051 REY BUILDING A LEVEL 02 FLOOR PLAN 14001 A -A3.2 004:/555-020-010 a.5.-iwsI . T .. . ? . ? Aj ._ ? .. Q..? ? .. .. B .. Q .. -- -- _. 6 -- 1 .. x _. .. 6— 6 — .. 6.,4 GENERATIONS FAMILY OF COMPANIES AMA 1- z W� QOQ 2&‘•1 N 7 -IU Z �Qe 0 o u Ul ZQ a - rIwa W>.; 0‹ J m z — a J0 z W BUILDING A LEVEL 03 FLOOR PLAN .141'-P-1" .194 A -A3.3 APN:/955-020-DI8 M10-1CC3, r SI - "iOrb` Q i }� 1 �{ [�j T .•. ? .. ? « I' .. 1 — P — 1 -+. ? ? T .. ? ., .. .". ? .. I' ., ? — f .. t .i 1' .. I' .. ? w. GENERATIONS F A =1 11•.Y OF COMPANIES ,. L+r1 OR��naw *\--F/-1-1--I ' r -' a r.1 , -. Wray I Z..� pCC u Cr C C Gs s ^SCC ❑oie j � _�� - -. .. I aaa .'tea.'?.. •":, n n G I 4 ■ ■ /° I wily, N. Al T� r Y Fir 1l —@ CSI i j >— LEVEL 01 - INFO111 DCC 003C Al PDC ,. 04001,1400.47 LINING 04 °LOG x4 0400,014001 LlwiC ' 111111A Iii�iM,.��„�o.� ��� °P �4 iF �; a WOG _U FEW ■ „- V '•I� iffl AS IPOUVVM A6 P W` L > Z ,Qd }�jj■ I.l1 a j� ®o .= �.Jt-. ]r w l�N. y 11 ! -��� ■” wi }�j YwG➢c �1.r COUNT t. �— OU Z2 p ea i-. 7 e'++"113a— :::351 a esa, owr IA . 1 LCLUr. 0_ w nwQ lArr Mt utar 20 IL I IA. ac mOr rrill„ i VEP. lira Z0 PI20 a ZCe Q yyrr. r �" wm .uL�a U li NI ilii K+ W 4 xiiwrul non o>>o„ 1 tP �G3 : tf-a • _ a ....® :tea! tie 4 A� r Y• um' Et Nli � i .+■na .�+Tn I . ■ I '" I BUILDING A 0 ■ �' •r. a L ss ®� ®©® . LEVEL 04 FLOOR PLAN rn.I r a. r 4 8 .'] r a a _. - _ - r _ .. _. .. .. wK[ ..m. warn v.■. A—A3.4 ,N -A955-020-010 PA15-1005 RE EN SUEuIRPL OE CB 0 tt.X.f Oft ilopimine � c P9. -4111141, L- r 1 0 0 .o0loa b b bb • y fteaf 1111 1i11 4 1 — ITS 0000 0000 r _ 0000 0000 0000 0000 9000 0000000Cf]cIU MUM 1.9 0120 1- LET 1 00 L —T 000000 r: © b b b 6 g 6$ F B e $ e — b-� b b -- bb 4 GENERATIONS FAMILY OF COMPANIES D-6pn Cn.nwwi M.w—... !WISE Causey Anne I NMI. OA 9200 T. 15¢11 04750 Fn I3411 71......1 >- 1— () — () QQ Jp 200 >0 z_ °Z° Z w)� L J z J O z Lu N OCE OLNO.0141.1 1.4.4 W BUILDING A LEVEL 05 ROOF PLAN 14004 A -A3.5 1 0PN:1955—D20-0IB PAIS—Ise 1 50151 DAT5 053017 4 rq 4 4 4 4 ?4 4 4 4 4 4 4 4 4 4 4 4 ® nN 4 EI la E MEMORY CARE EIX1:10.114 BALUSTERS TYPICAL MCONY GUARDRAIL 0 h iii II II 11 1 INDEPENDENT LIVING FOUNTAIN COURTYARD IAT3i7EVI7r LIVING-_ 6_ fl NORTH ELEVATION SCALE; 1/15,1,0 - O O �J Q a 'E ' C. int F' IMO .. 111111VI h 0 r, 0 En Ifi 1, INDEPENDENT LIVING / VILLAGE SQUARE ENTRANCE IT INDEPENDENT LIVING WEST ELEVATION iS.Ya INDEPENDENT LIVING I DINING COURTYARD ASSISTED LIVING SOUTH ELEVATION WALE: 115,1'4. ASSISTED LIVING ENTRANCE MEMORY CARE EAST ELEVATION Mat: ut}•.nP FINISH NOTES GENERATIONS FAMILY OF COMPANIES .1 SEC.., Awn.I PwWq. OR TM. . .5031 eS3L150 x TAlar >- 1— w w <2< Jp J U0 > z Q z a z J_J w� LL in z - CE J0 z w N us E Rm . ECLaITE - moArrr 14.5 wATNEan TwLmrtA O �Ea,uloc .a te 51,060 MORO 111.10. IALCan0 'ME LK SER. - MUM MO. mein Nsw ..e.Ac ...a r c wiRc • ca.. Y ..... C P.Eusrmoo. aLu sumo. • 9.a Pm.. 0 oaau*rv[ US, RCM O 'amw„rc Acura ,Aa umna ./. mcromy RE, BCE 3,31 BUILDING A ELEVATIONS R A -A5.0 AGN:/953-020-01e PA15-19851 r�z MEMORY CARE FOUNTAIN COURTYARD INDEPENDENT LIVING NORTH ELEVATION INDEPENDENTUVING INDEPENDENT LIVING / VILLAGE SQUARE ENTRANCE INDEPENDENT LIVING WEST ELEVATION SCALE 1/16~10 B INDEPENDENT LIVING DINING COURTYARD ASSISTED LIVING ASSISTED LIVING ENTRANCE MEMORY CARE EAST ELEVATION ASSISTED LIVING SOUTH ELEVATION Scut /16,1'o - SCALE 1116.1,0. FIVI_ H V,A-ES • +a .4 5_ 4 5.. + r e.J •.nE GENERATIONS FAMILY 01 COMPANIES N 0051 1352-0750 !.. 151111%W, OSI 1- z w D Q Q Jp JUo >/nz V OZO J _ J W > 7 LL ca z J0 z LU V) T BUILDING A COLORED ELEVATIONS A -A5.1 5 5 LEVELS 01-04 " V 000701 156700-0. LEVEL 00 7714..7 0 0 ROOF LEVEL K.91A: 4714170,10 .4 AKA LEVEL OC WWI LEV. 03 INODENOIlli WIC Cvrx• 0.14.1 Cw of®w, _xoclm 1Amc. on' COUNT: iyvl.xc7m :NSn °zwa 0-. LAirr Duff w 71 ID Dort 2. 301 775 .741 ran 1.010 19,2 SF 17,13 SF V .d GENERATIONS FAMILY OF COMPANIES bganrO.n..nar. 141 1501SEC yAwes 1 Pub:d. OR 97550 Ta (SNI 551-075o Fla: (SNI 716-551 ww.gme elotiDe.mm >- 1- z W n Qpm J0 JU(-1 >/nz Q Q ZJ w > LL J m z - L J 0 z W V) 111317470 100 owa7a41011 awl 0E0N,Io,n 1V11 Rift BUILDING B FLOOR AND ROOF PLANS 0,1 B -A3.0 APN:I555-020-0le PAIS -1985 4 4 4 4 4 4 4 'f, I 0 0 m 0 1 I I.1 p1.8 iIlli{ D 0 00050. 4 1511151015 mu* TYPICAL BALCONY GUARDRAIL j� SCa&,. •.a...r 1 M 03 Li ID 11 IIT Iri LI rE� V ITSla 112r E0 ED Ell Eg HE B9 se 5r, SOUTH ELEVATION SCALE •10.••••• 4 SEMS; 010455 WEST ELEVATION SCALE 1.15.150 NORTH ELEVATION SGLE) e.ra FINISH NOTES O Sau. WOE .00101212 E IMM. MUNECMOS 0-120 5 MYWIO 15'--556 16,14 S0111 1102 14141 - 61.0215 e•ara 0 2•312112COLOR. SAM =wcntr otur, room, CAN wa..2 WORD NOMtea. a .Ma �a5 N.. WAWA u/ie 20150 unwa1ieser mon - (00.0 A1201520) 11021 - 221144 1122221. 022(01 0 1.0.0( 24102 ALLA 140101000 s 0252 'mos COLOPC SMEAR 0 00204112 Non Fume 100012 1011.12 01050'5111121211 MAW GENERATIONS FAMILY OF COMPANIES 152121 0) C umcon N •eI co. .L SAS eno150 Fu: (501) 156-6151 0021016011 RAM PLY diE. 00..11 01 RAI BUILDING B ELEVATIONS ICON B-A5.O 1 PPN:1a55-020-018 P015-100 PRIM DATE 053017 Nal it f ifft Egeffil nal 1114 1,1 171,1111 22 • Ell a 0] la In Et [al 11 'Br to 7• SOUTH ELEVATION A SCALE 1,1` !IA 3112 u:n EAST ELEVATION 321 al 12 ill Mt • 1111 1111 . I • B '1 1' WEST ELEVATION SCALE I tr• D NORTH ELEVATION SCALE If Irlr• 11.4. Fl \LH 1'1 -LL L 1 L r • .• ! .1.4. • +1,R ,L to. !! - • 1.1 I ! ir - .eria• •!! Ella .1 • 0 1?t • G EN E RAT I ON S FAMILY OF COMPANIES IL Aven. 1,11.4,1 OR !Mtn 00 ›- 1— wD () <(00 —10 - uo >z CIZCI z LL_- ICO - zuJa L71 BUILDING B COLORED ELEVATIONS B -A5.1 r 1 1• - 1 —r ROOF PLAN SCALE: 0 FLOOR PLAN COTTAGES - INDEPENDENT LMNG UNIT TYPE SIZE CDVNZ TYPE IV 1,170 SF 2 T_t IE. I 'Ns ST TOTAL PER BLDG 0 B BUILDINGS TOTAL COTTAGE UNITS 32 FRONT ELEVATION SCALE: 1a'.ra SIDE ELEVATION SCALE: 10.1'' REAR ELEVATION SCALE: 1m.1,0' SIDE ELEVATION 5042E 1A'.1'd O FINISH NOTES .116. CCPCPPIE 6-11113 EA1111913 4611.11EX0113615 -31330 111.1.w7A 0 PPM 70%30 E:3 PPM -- 151_73 ECG 51161. 010/10 WO FLOCPPM —IA AMlPAW 1011.03 14 w64 .= Q 5311.11 Mill SE.3, 3611E COLOR. IlACP PREP OW PPM O rani ampd IPPON VIA 1EMRR POMO OK. FAH., A.!♦ 11•31J1 �10n00 MIR PPM MCP - 2-11600. IP. MR. r an1 1 Q RCMP. PEON 5Lu. 611o433 A S.a Mau 0.20. 16001161 px o3s.. r5 POO 7.4 CEPONA N:.cc3 Tlc PLUM= PPE 11433111 MOM PP0PLE 000146110013 (11.3453 ie3x 11 PPM rYec. .`o COO. 5100 PIO= PAN. POPLOLO came .11 �nAP CPO. m CO•c'Iw 1.161366111 WNW P1131 GENERATIONS FAMILY OF COMPANIES [x..L.P..i Command, 311111M .1 SECA., /Pups I OP 0.6 150.11 65,1750 Fur (Sol) 1x-6451 f.�ruxWli..w ISPLIED FOP DEVELOPPOP REP 067E: 0.3017 PROECT PO. BUILDING C PLANS & ELEVATIONS .!s...+ IIR 1 C-A3.O 000:/555-020-018 P215-1695 • i I r-- 4 ROOF PLAN SCALE ISE -I, FLOOR PLAN !114.t - WEIN: _______ J_E rIr FRONT ELEVATION A SIDE ELEVATION REAR ELEVATION SCALP mi-NPAP SIDE ELEVATION SCALE IAE•10. D FI' 11 H TE. " 1 4. 'SO • •c r c I LL e , -11 C 1,1 L -II I - • r -Hee L- I LL EL - • LESLIE - " G EN E RATI ON S rAmi.y 01 COMPANIES RAI A CIL, &AA L. 97.° 1, MP 01,,No 0.104 z wD 02 <0 -10 _200 >z 0 - azo LLI > z u— DO —' —zuJI BUILDING C COLORED PLANS 8. ELEVATIONS C -A3.1 U77L/7Y NO7ES rasa,*▪ 4AC •4 1,LA o.row Aar er-Ara Uro trot,...wpm WOO afamkt IOC AMC d AM. a :A. POW OC OM n'se �u lrio - , 4 t at ea op, _, ?SW Wad= ▪ ..s. o�,.,t LEG4C [i'SOR/PnVN @AGA FOWEN6 AVIS t-0 D" 64 ,.�o ACPWRIMR A Alla •6100,0 MAX= LA CARX .705,0a PI Pe 61Aaa, AC cHatle AWA,Faa /0,11a0 al CIO AO MIA MEM. Slava, 5410iUDO ,Lat, Saa ea ,d.raoga..eA [ran, • v:,ica LA. xuaaYnc A rESIao,v.,, • mR,un17,111dWW1 a,wsar *Oa ,o,.; relia¢AOa.Aare Jaw v.ffin M1sr Wr.uts.w om:�y ACV AV' sar,asn 7SAW VAT gra, Aon0'a,AA�,mcw .ma womr.r-v®c AEaaA.c wnm• 'mr t SAWI0 f�`YKAM Web' mry `,riv',az OWE, Jr., rr .a AC MAW OWNER/DEVELOPER:ax�ER/DEVELOPEA Sart-r 052-0,,A0 OREOONn '.'a ENG/NEER. 1.4 17IP.4..s 44' ASSESSORS PARCEL NUNHE9 SOLACE TVAIWURRY ES77414752 EARTHWORK OU4N7777ES a -SlI £...9, Cre crxW11tS acba e TEMECULA VALLEY SCHOOL L CONCEPTUAL GRAD/NG PLAN L/NF/ELD V/LLAGE C/TY OF TEMECULA, C,4 4Q L/NF/ELO CHR/ST/AN SCHOOL J 0 / 1 I a 4 l 2 241 /CANY /7 MAP aawm.m I /7/ LfferetC C1 WSU.AV SLNL', / 1.c//443 ern' 15.424/1, Ara—Ewa 1 r/ 1260 AC (GROSS) .ire; Maws t l fro* AM. scaerma.PVAV • AN. assa..a, . 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G¢"J FESTA', •ip HELICTCTHICHCN .1M%='AN[t's ',TII-A 'MEXICAN FEATHER 00 ASS n r 0 c CES,. %tf,IL.r. uy XELICTOTNICHCN SEM✓ENSINENS SALVIA GSECGII T AVIATUVE OF s.,LmA ckEcal . J_rUS SANSET —R 0xi 0 Nzrei Wal10021 " 741163;4 m=s.. IAN a • Plan View Enlargement WOMP Basin: 1'=10'-0' t�t�if SALVIA GNEGGII 1 Tnl.Ea a 5�.( btiiat LAASS NEVA \ERIC AN GEATHEk ,,0AS. • T 7 r—•.LAGENSTA ZMIA INDICA ALT, ,AUTNII NV5 S ESEMCSTII Section G-OYWOMP hourlan associotes,inc. Wrwrcopn orcnnocluo • awpn IDE awn. mlimrer e m000, amna 7 o (.IQS.0n.L.. d+r,;nal:r i - z wQ 0u J V JZ of -J w0 LL — ZZ _w _I v) ISSUED AL, DATE PAS ENLARGEMENTS AND SECTION PLAN AGMS MAMMA L1 .1 VAMpt 7'4055-020-018 PA15-1885 RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A MITIGATED NEGATIVE DECLARATION, AND MITIGATION MONITORING PROGRAM FOR A PLANNED DEVELOPMENT OVERLAY AMENDMENT TO THE LINFIELD CHRISTIAN SCHOOL PLANNED DEVELOPMENT OVERLAY (PDO -7) AND A DEVELOPMENT PLAN APPLICATION FOR THE CONSTRUCTION OF AN APPROXIMATELY 493,044 SQUARE -FOOT INDEPENDENT LIVING, ASSISTED LIVING, AND MEMORY CARE COMMUNITY CONTAINING 317 UNITS GENERALLY LOCATED ON THE SOUTH SIDE OF RANCHO VISTA ROAD, APPROXIMATELY 2,500 FEET EAST OF MARGARITA ROAD (APNS 955-020-019, 955-020-018, 955-020-012, 955-020-017) 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. On December 21, 2015, Aaron Walker filed Planning Application Nos. PA15-1886, a Planned Development Overlay Amendment and PA15-1885 a Development Plan Application in a manner in accord with the City of Temecula General Plan and Development Code. B. On June 21, 2017, the Planning Commission recommended approval of Planning Application Nos. PA15-1886, a Planned Development Overlay Amendment, and PA15-1885 a Development Plan Application (collectively referred to as the "Project"). C. The Project was processed including, but not limited to all public notices, in the time and manner prescribed by State and local law, including the California Environmental Quality Act, Public Resources Code 21000, et seq. and the California Environmental Quality Act Guidelines, 14. Cal. Code Regs 15000 et seq. (collectively referred to as "CEQA"). D. Pursuant to CEQA, the City is the lead agency for the Project because it is the public agency with the authority and principal responsibility for approving the Project. E. On June 21, 2017, at a duly noticed public hearing as prescribed by law, the Planning Commission considered the Project and any comments received prior to or at the public hearing on June 21, 2017, 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 Project and the Mitigated Negative Declaration. F. The Planning Commission reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration prior to and at the June 21, 2017 public hearing, and based on the whole record before it found that: (1) the Mitigated Negative Declaration was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment; and (3) the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. G. On September 5, 2017, the City Council considered the Project and the Mitigated Negative Declaration at a duly noticed public hearing at which time the City staff presented its report, and all interested persons had an opportunity to and did testify either in support or in opposition to the Project and the Mitigated Negative Declaration. H. The City Council reviewed the Mitigated Negative Declaration and considered all testimony and comments received regarding the Project and the Mitigated Negative Declaration prior to and at the September 5, 2017 public hearing, and based on substantial evidence in the whole record before it finds that: 1. The Mitigated Negative Declaration was prepared in compliance with CEQA; 2. There is no substantial evidence that the Project will have a significant effect on the environment; and 3. The Mitigated Negative Declaration reflects the independent judgment and analysis of the City Council. Section 2. Based on the findings set forth in the Resolution, the City Council hereby adopts the Mitigated Negative Declaration and the Mitigation Monitoring Program attached hereto as Exhibit "A" and incorporated herein by this reference. The mitigation measures included in the Mitigation Monitoring Program will be imposed as enforceable conditions of approval of the Project. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 5th day of September, 2017. Maryann Edwards, 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. 17- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 5tn day of September, 2017, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk PROJECT NAME: PROJECT MANAGER: Scott Cooper, Associate Planner, City of Temecula Linfield Village Senior Housing Development Project MITIGATION MONITORING AND REPORTING PROGRAM Linfield Village Senior Housing Development Project PROJECT DESCRIPTION: The Linfield Village Senior Housing Development Project consists of all actions related to the design and construction of an approximately 490548 SF independent living, assisted living, and memory care community named "Linfield Village" on an existing disturbed 15.58 -acre vacant lot. PROJECT LOCATION: The proposed Project is generally located in the City of Temecula located at the Linfield Christian School on Rancho Vista Road approximately 2500 feet east of Margarita Road at APN 955-020-006. INTRODUCTION: This document is the Mitigation Monitoring and Reporting Program (MMRP) for the Linfield Village Senior Housing Project. An MMRP is required for the proposed Project because the IS/MND has identified significant adverse impacts, and measures have been identified to mitigate those impacts. This MMRP has been prepared pursuant to Section 21081.6 of the Califomia Public Resources Code, which requires public agencies to "adopt a reporting and monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment" As the lead agency, the City of Temecula will be responsible for monitoring compliance with all mitigation measures. Different City departments are responsible for various aspects of the Project. The MMRP identifies the department with the responsibility for ensuring the measure is completed; however, it is expected that one or more departments will coordinate efforts to ensure compliance. The MMRP is presented in tabular form on the following pages. The components of the MMRP are described briefly below. • Source and Mitigation Measure: The mitigation measures are taken from the Initial Study/Mitigated Negative Declaration (ISIMND), in the same order they appear in the IS/MND. • Timing: Identifies at which stage of the Project the mitigation must be completed. • Monitoring Responsibility: Identifies the department in the City with responsibility for mitigation monitoring. • Date Completed and Signature: Provides a contact who reviewed the mitigation measure and the date the measure was determined complete. Mitigation Monitoring and Reporting Program Matrix City of Temecula Linfield Village Senior Housing Development Project SOURCE MITIGATION MEASURE TIMING MONITORING DATE COMPLETED SIGNATURE Section 3.3, Impact 3.3 (b), (c), and (d). Air Quality Mitigation Measure (AQ -1) Prior to issuance of any Grading Permit, the City Engineer shall confirm that the Prior to Grading Permit Issuance City of Temecula Public Works Department Grading Plan and project specifications stipulate that, in compliance with SCAQMD Rule 403, excessive fugitive dust emissions shall be controlled by regular watering or other dust prevention measures, as specified in the SCAQMD's Rules and Regulations. In addition, SCAQMD Rule 402 requires implementation of dust suppression techniques to prevent fugitive dust from creating a nuisance off-site. Implementation of the following measures would reduce short-term fugitive dust impacts on nearby sensitive receptors: • Pave or apply water every three hours during daily construction activities or apply non-toxic soil stabilizers on all unpaved access roads, parking areas, and staging areas. More frequent watering shall occur if dust is observed migrating from the site during site disturbance; • Any on-site stockpiles of debris, dirt, or other dusty material shall be enclosed, covered, or watered twice daily, or non-toxic soil binders shall be applied; • All grading and excavation operations shall be suspended when wind speeds exceed 25 miles per hour; • Disturbed areas shall be replaced with ground cover or paved immediately after construction is completed in the affected area; • Track -out devices such as gravel bed track -out aprons (3 inches deep, 25 feet long, 12 feet wide per lane and edged by rock berm or row of stakes) shall be installed to reduce mud/dirt track -out from unpaved truck exit routes. Alternatively, a wheel washer shall be used at truck exit routes; • On-site vehicle speed shall be limited to 15 miles per hour; • All material transported off-site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust prior b departing the job site; and • Trucks associated with soil -hauling activities shall avoid residential streets and utilize City -designated truck routes to the extent feasible. SOURCE MITIGATION MEASURE TIMING MONITORING DATE COMPLETED SIGNATURE Section 3.4, Impact 3.4 (a) and 3.4 (f), and Section 3.10, Impact 3.10 (c) Biological Resources Mitigation Measure (BIO.1) Construction should occur outside of the avian breeding season (generally January1 — August 30).If construction must occur duringthe avian breeding/Public 9 season, a qualified biologist shall conduct a preconstruction nesting bird clearance survey in all work areas and all areas within 500 feet of the general construction zone. This shall occur no more than one week prior to construction. Active nests shall be given an avoidance buffer, typically 300 feet for non -listed, non -raptor species, and 500 feet for listed and raptor species. This buffer shall remain in place until the young fledge or the nest otherwise becomes inactive, and may be reduced with approval from with US Fish and Wildlife Service and/or Califomia Department of Fish and Wildlife. Prior to initiation of construction activities City of Temecula Community Development Works Departments Section 3 4, Impact 3.4 (a) and 3.4 (f), and Section 3.10, Impact 3.10 (c) Biological Resources Mitigation Measure (BI0.2) If nesting birds are present, a 300-500 foot buffer (raptors and birds of prey require a 500 foot buffer, other birds require a 300 foot buffer) shall be set up around the active nest. The buffer is a no -work zone and construction activities may not resume until the nest is no longer active (i.e. avian species are no longer showing nesting behavior, young have fledged). To determine when nesting behaviors are finished, a qualified biologist shall monitor the nest weekly until the young have fledged the area and the nest is no longer active. Prior to initiation of construction activities City of Temecula Community Development (Public Works Departments Section 3,4, Impact 3.4 (a) and 3.4 (f), and Section 3.10, Impact 3.10 (c) Biological Resources Mitigation Measure (BIO.3) No more than 30 days prior to any ground -disturbing construction activities on the Project site, a qualified biologist shall conduct a preconstruction clearance survey for burrowing owls and present the written results of the survey to the City, The survey shall be completed in areas of suitable habitat on and within 250 feet of the Project site, Within 30 days prior to any ground -disturbing construction activities City of Temecula Community Development Department Section 3.4, Impact 3.4 (b) and 3.4 (c), and Section 3.9, Impact 3.9 (d) Biological Resources Mitigation Measure (BI0.4) Prior to issuance of a grading permit, the Project Applicant shall gain approval of a Clean Water Act Section 404 permit from the Army Corps of Engineers, a Clean Water Act Section 401 Water Quality Certification from the San Diego Regional Quality Control Board, and a Section 1602 Streambed Alteration Agreement from the California Department of Fish and Wildlife for Project impacts to 0.2 acre of USACOE/RWQCB jurisdictional waters and 0.19 acre of impacts to CDFW associated riparian habitat resulting with expansion of Rancho Vista Road. Prior to Grading Permit Issuance City of Temecula Public Works Department Section 3.4, Impact 3.4 (b) and 3.4 (c), and Section 3.9, Impact 3.9 (d) Biological Resources Mitigation Measure (BIOS) Prior to issuance of a grading permit, and separate from any permitting requirements of the affected wildlife agencies, the Project Applicant shall prepare a Determination of Biologically Equivalent or Superior Preservation (DBESP) analysis, pursuant to the requirements of Section 6.1.2 of the under the Westem Riverside County Multiple Spedes Habitat Conservation Plan (MSHCP). The DBESP shall be submitted to and approved by the appropriate Wildlife Agencies prior to any Project -related ground -disturbing activities. Prior to Grading Permit Issuance City of Temecula Community Development / Public Works Departments SOURCE MITIGATION MEASURE TIMING MONITORING DATE COMPLETED SIGNATURE Section 3.5, Impact 3.5 (b) Cultural Resources Mitigation Measure (CUL -1) An archaeological monitor shall be present during any earthmoving activities associated with the Project. The monitor shall work under the direct supervision of a cultural resource professional who meets the Secretary of Interior's Professional Qualification Standards for archaeology. In the event an archaeological resource is uncovered, the monitor shall be empowered to temporarily halt or redirect construction for work in the vicinity of any find until the Project archaeologist can evaluate it. In the event of a relevant find, salvage excavation and reporting will be required. Grading or further ground disturbance shall not resume within the area of the discovery until an agreement has been reached by the developer, the archaeologist, and the Planning Director. Any recovered archaeological resources shall be processed and curated according to current professional repository standards as appropriate. The collections and associated records shall be donated to an appropriate curation facility, or, the artifacts may be delivered to the appropriate Native American Tribe(s) if that is recommended by the City. A final report containing the significance and treatment findings shall be prepared by the archaeologist and submitted to the City, if required. During Earthmoving Activities City of Temecula Community Development Department Section 3.5, Impact 3.5 (c) Cultural Resources Mitigation Measure (CUL -2) A paleontological monitor shall be present during any earthmoving activities associated with the Project. The monitor shall work under the direct supervision of a paleontological resource professional who meets the minimum qualifications for a vertebrate paleontologist as described in the Standard Procedures for the Assessment and Mitigation of Adverse Impacts to Paleontological Resources by the Society of Vertebrate Paleontology (2010). In the event a paleontological resource is uncovered, the monitor shall be empowered to temporarily halt or redirect construction for work in the vicinity of any find until the Project paleontologist can evaluate it. In the event of a relevant find, salvage excavation and reporting will be required. Grading or further ground disturbance shall not resume within the area of the discovery until an agreement has been reached by the developer, the paleontologist, and the Planning Director. Any recovered paleontological resources shall be processed and curated according to current professional repository standards as appropriate. The collections and associated records shall be donated to an appropriate curation facility, or, the artifacts may be delivered to the appropriate Native American Tribe(s) if that is recommended by the City. A final report containing the significance and treatment findings shall be prepared by the paleontologist and submitted to the City, if required. During Earthmoving Activities City of Temecula Community Development /Public Works Departments Section 3.5, Impact 3.5 (d) Cultural Resources Mitigation Measure (CUL -3) Consistent with State CEQA Guidelines, Section 15064.5, Subdivision (e), in the event of an accidental discovery or recognition of any human remains, the County Coroner shall be notified and construction activities at the affected work site shall be halted. If the remains are found to be Native American, the Native American Heritage Commission (NAHC) shall be notified within 24 hours by the County Coroner. The NAHC must immediately notify the Most Likely Descendent(s) under Public Resources Code §5097.98 and the descendants must make During Project Construction City of Temecula Community Development (Public Works Departments SOURCE MITIGATION MEASURE TIMING MONITORING DATE COMPLETED SIGNATURE recommendations or preference for treatment within 48 hours of being granted access to the site. Guidelines of the NAHC shall be adhered to in the treatment and disposition of the remains in accordance with the provisions of Health and Safety Code §7050.5 and Public Resources Code §5097.98. Section 3.6, Impact 3.6 (b) and Section 3.9, Impact 3.9 (a) Geology and Soils Mitigation Measure (GEO.1) In accordance with the National Pollutant Discharge Elimination System requirements, the Project Applicant would prepare a Stormwater Pollution Prevention Plan (SWPPP) for approval by the City prior to grading activities. The SWPPP will include relevant Best Management Practices (BMPs) in order to minimize soil erosion and water quality impacts during Project construction. " During Project Construction 1 City of Temecula Public Works Department Section 3.8, Impact 3.8 (d) Hazards and Hazardous Materials Mitigation Measure (HAZ-1) The Project Applicant shall retain the services of a Registered Professional Engineer or Geologist, with experience in remedial investigation, available for consultation during soil excavation and grading activities. The Registered Professional Engineer or Geologist shall be given full authority to oversee any earthmoving activities to determine if disturbed soils are contaminated. During Project Construction City of Temecula Community Development / Public Works Departments Section 3.8, Impact 3.8 (d) Hazards and Hazardous Materials Mitigation Measure (HAZ-2) If potentially contaminated soil is unearthed during site disturbance activities, the Registered Professional Engineer or Geologist shall inspect the identified area and determine the need for sampling to confirm the nature and extent of contamination. Depending on the nature and extent of contamination, the Registered Professional Engineer or Geologist shall have the authority to temporarily suspend construction activity at that location for the protection of workers or the public. If the Registered Professional Engineer or Geologist determines that significant remediation is necessary, the Protect Applicant shall contact representatives of the San Diego Regional Water Quality Control Board, Department of Toxic Substances Control, and other local agencies, if applicable, for guidance and possible oversight. The applicant will be required to implement all requirements identified by San Diego Regional Water Quality Control Board and Department of Toxic Substances Control. During Project Construction City of Temecula Public Works Department Section 3.12, Impact 3.12 (a), 3.12 (c), and 3.12 (d) Noise Mitigation Measure (NO1.1) Prior to Grading Permit issuance, the Applicant shall demonstrate, to the satisfaction of the Director of Community Development that the Project complies with the following: • Construction contracts specify that all construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers and other state required noise attenuation devices. • Property owners and occupants located within 200 feet of the Project boundary shall be sent a notice, at least 15 days prior to commencement of construction of each phase, regarding the construction schedule of the proposed Project. A sign, legible at a distance of 50 feet shall also be Prior to Grading Permit Issuance City of Temecula Community Development Department 51Page SOURCE MITIGATION MEASURE TIMING MONITORING DATE COMPLETED SIGNATURE posted at the Project construction site. All notices and signs shall be reviewed and approved by the City of Temecula Planning Department, prior to mailing or posting and shall indicate the dates and duration of construction activities, as well as provide a contact name and a telephone number where residents can inquire about the construction process and register complaints. • Construction haul routes shall be designed to avoid noise sensitive uses (e.g., residences, convalescent homes, etc.), to the extent feasible. • During construction, stationary construction equipment shall be placed such that emitted noise is directed away from sensitive noise receivers. • Construction activities shall not take place outside of the allowable hours specified by the City's Municipal Code Section 9.20.060(D) (7:00 a.m. and 6:30 p.m. Monday through Saturday; construction activities are not permitted on Sundays or national holidays). • Construction haul routes shall be designed to avoid noise sensitive uses (e.g., residences, convalescent homes, schools, churches, etc.), to the extent feasible. • During construction, stationary construction equipment shall be placed such that emitted noise is directed away from sensitive noise receptors. May 2017 ORDINANCE NO. 17 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A PLANNED DEVELOPMENT OVERLAY AMENDMENT (PA15-1886) TO THE LINFIELD CHRISTIAN SCHOOL PLANNED DEVELOPMENT OVERLAY (PDO -7) GENERALLY LOCATED ON THE SOUTH SIDE OF RANCHO VISTA ROAD, APPROXIMATELY 2,500 FEET EAST OF MARGARITA ROAD. (APN 955-020-019, 955-020-018, 955- 020-012, 955-020-017) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. On December 21, 2015, Aaron Walker filed Planning Application Nos. PA15-1886, a Planned Development Overlay Amendment, and PA15-1885 a Development Plan Application (collectively, "the Project") in a manner in accord with the City of Temecula General Plan and Development Code. B. The Project was processed including, but not limited to all public notices, in the time and manner prescribed by State and local law, including the California Environmental Quality Act, Public Resources Code 21000, et seq. and the California Environmental Quality Act Guidelines, 14. Cal. Code Regs 15000 et seq. (collectively referred to as "CEQA"). C. Pursuant to CEQA, the City is the lead agency for the Project because it is the public agency with the authority and principal responsibility for approving the Project. D. A Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program were prepared for the Project in accordance with CEQA. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the MND as required by law. The public comment period commenced via the State Clearing House from September 23, 2016 through October 24, 2016. Copies of the documents have been available for public review and inspection at the offices of the Department of Community Development, located at City Hall, 41000 Main Street, Temecula, California 92590; the Ronald H. Roberts Temecula Public Library located at 30600 Pauba Road; Temecula Grace Mellman Community Library located at 41000 County Center Drive; and the City of Temecula website. E. On June 21, 2017, at a duly noticed public hearing as prescribed by law, the Planning Commission considered the Project and any comments received prior to or at the public hearing on June 21, 2017, 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 Project and the MND. F. Following consideration of the entire record before it at the public hearing and due consideration of the proposed Project the Planning Commission recommended that the City Council adopt the MND, and the Mitigation Monitoring and Reporting Program prepared for the Project. G. At the conclusion of the Planning Commission hearing and after due consideration of the entire record before the Planning Commission hearing, and after due consideration of the testimony regarding the proposed Project, the Planning Commission recommended that the City Council approve the Project including Planning Application Nos. PA15-1886, a Planned Development Overlay Amendment and PA15- 1885, a Development Plan. H. On September 5, 2017, the City Council of the City of Temecula considered the Project and the MND and Mitigation Monitoring and Reporting Program 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 Council considered all the testimony and any comments received regarding the Project, the MND, and the Mitigation Monitoring and Reporting Program prior to and at the public hearing. Following the public hearing, the Council adopted Resolution No. 17 - adopting the MND and the Mitigation Monitoring and Reporting Program. J. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Legislative Findings. The City Council in approving the Planned Development Overlay Amendment/Zone Change hereby makes the following findings: A. The proposed Ordinance is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City; The proposed Zone Change/Planned Development Overlay Amendment Ordinance conforms to the City of Temecula General Plan Land Use Element. Furthermore, the proposed Zone Change/Planned Development Overlay Amendment Ordinance directly responds to Goal 1 Policy LU -1.1 and LU -1.2 of the General Plan Land Use Element. In addition to employing the City's planned development overlay amendment zoning district tool, the proposed project is also consistent with the above General Plan Land Use Element goal and policy in that it is contributing to the development of a variety of residential product types in the form of congregate care housing and has been designed to minimize impacts on surrounding land uses and infrastructure through required and proposed design guidelines and development standards, building orientation and location, circulation and access improvements, and other features and requirements of proposed Planned Development Overlay Amendment. Additionally, mitigation measures are identified in the MND to further reduce the potential for impacts to surrounding uses and infrastructure. Section 3. Zoning Code Amendment. The City Council hereby amends Chapter 17.22 (PLANNED DEVELOPMENT OVERLAY ZONING DISTRICT (PDO -7)) of Title 17 (Zoning) of the Temecula Municipal Code by amending Article VIII, entitled "Linfield Christian School Planned Development Over District - 7" to read as provided in Exhibit A, attached to this Ordinance and incorporated herein as thought set forth in full. Section 4. Severability. If any portion, provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining portions, provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect and shall be interpreted by the court so as to give effect to such remaining portions of the Ordinance. Section 5. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption. Section 6. 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 day of , 2017. Maryann Edwards, 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. 17- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 5th day of September, 2017, 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 Article VIII. Linfield Christian School Planned Development Overlay District -7 17.22.180 Title. Sections 17.22.180 through 17.22.188 shall be known as "PDO -7" (Linfield Christian School planned development overlay district). (Ord. 03-09 § 3 Exh. A (part)) 17.22.181 Purpose and intent. The Linfield Christian School planned development overlay district (PDO -7) is intended to create a unique mixed-use area within the city, blending educational, recreational, institutional and residential facilities in a comprehensive master plan that builds upon the existing campus development. PDO -7 allows for the introduction of compatible housing opportunities within the conventional zoning district and serves to implement the objectives of the land use and housing elements of the general plan. Supplemental development standards have been provided to recognize the transition between the existing campus facilities and the new development areas, to promote compatibility with the surrounding land uses, and to insure the long-term design quality of the Linfield Christian School PDO district. (Ord. 03-09 § 3 Exh. A (part)) 17.22.184 Relationship with the development code and citywide design guidelines. A. The list of permitted, conditionally permitted, and prohibited uses for the Linfield Christian School planned development overlay district is contained in Table 17.22.186B. B. Except as modified by the provisions of Section 17.22.188, the following rules and regulations shall apply to all planning applications in this area. 1. Where this PDO is silent, the development standards of the public institutional (PI) district in the development code shall apply (Section 17.12). 2. The development standards in the development code that would apply to the medium density residential district, and are in effect at the time an application is deemed complete, for any proposed residential housing to be located in planning area 2 of PDO -7. The maximum number of residences to be developed in Planning Area 2 is twenty-six. 3. The master plan and design guidelines approved as a part of the Linfield Christian School Master Plan shall apply to Planning Areas 1A, and 1B of this PDO. Development proposals within Planning Areas 2 and 3A and 3B shall comply with the City of Temecula Citywide Design Guidelines. 4. Senior Housing, Assisted Living, Congregate Care Housing, Skilled Nursing or Memory Care facilities shall be permitted pursuant to the standards within Section 17.10.020 of the Temecula Development Code, except as modified by the requirements of Section 17.22.188 of this Article. (Ord. 03-09 § 3 (part)) 1 17.22.186 Use regulations. The list of permitted land uses for the Linfield Christian School planned development overlay district is contained in Table 17.22.186B. PDO -7 contains three different planning areas as shown in Exhibit 17.22.186A. The three planning areas are identified as follows: ■ Planning Area 1: Educational/Institutional: identified as (EI) in Table 17.22.186B. Planning Area 1 is further separated into two subareas: Planning Area lA (58.25 gross acres) is the main Linfield Christian School Campus, and Planning Area 1B ( 5.82 gross acres) is the existing elementary school campus. ■ Planning Area 2 ( 7.58 gross acres): Educational/Residential: identified as (ER) in Table 17.22.186B; and, ■ Planning Area 3: Public/Institutional: identified as (P1) in Table 17.22.186B. Planning Area 3 is further separated into two subareas: Planning Area 3A (15.58 gross acres) Planning Area 3B (12.42 gross acres) PLANNING AREA 2 EXHIBIT 17.22.186A LINFIELD CHRISTIAN SCHOOL PLANNING AREA MAP PLANNING AREA 3A PLANNING AREA IA Pour Road PLANNING AREA 3B PLANNING AREA 1B rt z c 2 Where indicated with the letter "P" the use shall be a permitted use. A letter "C" indicates the use shall be conditionally permitted, subject to the approval of a conditional use permit. Where indicated with a "–," the use is prohibited within the planning area. Table 17.22.186B Schedule of Permitted Uses Linfield Christian School Planned Development Overlay District -7 Description of Use Area Description of Use Area 1A & 1B (EI) Area 2 (ER) Area 3A & 3B (PI) A Art gallery P P P Auditorium P C C B (Reserved) C Christmas tree lots P P P Churches, temples, religious institutions C C C Communications and microwave installations' _ Community health clinics – – C Community center P C P Conference center P P P Congregate care housing (including support C C P services) Congregate living health facility C C C Construction trailer (temporary) P P P Convalescent homes C P P D Day care center P P P Day care health center P – P E Educational institution C C C F Food services (for campus and special events) P P P G Garages, public parking C – P Golf courses C – P Golf college or sports training facility V r C – P Government offices P – P Government services P – P Group home – – – H Helipad or heliport C – C Hospital _ C – C I—K (Reserved) 3 Table 17.22.186B Schedule of Permitted Uses Linfield Christian School Planned Development Overlay District -7 Description of Use Area Description of Use Area 1A & 1B (EI) 'ER' Area 3A & 3B (PI) L Library P P P M Maintenance facility (accessory to primary use only) P C P Modular classrooms (used as interim classroom space) P P Museum P P P N (Reserved) O (Reserved) P Parks and recreation P _ P P Performing arts, theaters and places of public assembly P – C Police/sheriff station P – P Post office – – P Public utilities C C C Q (Reserved) R Radio and broadcasting studios P – P Recording studios P – P Religious facilities C C C Residential—single-family detached, school superintendent or dean's home, caretaker home, (accessory to private school use only) P P P Residential—single-family attached or duplex housing for school faculty – P - Residential—multiple-family housing for school faculty P Residential—senior housing – C C Residential—student dorms C C C S Schools, trade or vocational C C C Skilled nursing facility C C C Sports and recreation facilities P P P T Trade or vocational schools C C C U Utility offices and service yards C C C 4 Table 17.22.186B Schedule of Permitted Uses Linfield Christian School Planned Development Overlay District -7 Description Area lA & 1 Description of Use 1B Area 2 (EI) (ER) V—Z (Reserved) of Use Area Area 3A & 3B (PI) Note: 1. Subject to Section 17.40 of the Temecula Municipal Code Legend: P = Permitted by right in the district C = Permitted by Conditional Use Permit in the district – = Use is prohibited in the district (EI) = Educational/Institutional: Planning Areas lA and 1B (ER) = Educational/Residential: Planning Area 2 (PI) = Public/Institutional: Planning Area 3 (Ord. 08-11 §§ 36-38; Ord. 03-09 § 3 Exh. A (part)) 17.22.188 Supplemental development standards. Permitted and conditionally permitted uses within PDO -7 shall comply with the development standards of the underlying public/institutional zoning district except as modified or augmented by the standards contained in this section. A. General. 1. All new development occurring within Planning Areas 1A and 1B shall be in substantial conformance with the Linfield Christian School master plan, provided that modifications of up to twenty percent of the estimated square footage of the individual or combined structures may be approved by the planning director. Minor modifications to the site location or number of new facilities may also be approved by the planning director. Major modifications to the overall scale, intensity or intended land uses within the planning areas shall be referred to the planning commission for approval. 2. All new development within Planning Area 1 A and 1B deemed to be in compliance with the Linfield master plan and design guidelines shall be subject to the administrative review process, pursuant to Section 17.05.020 of the Temecula Development Code. 3. Development proposals for faculty housing units within Planning Area 2 of PDO -7 shall be subject to the development standards of the medium density residential (M) zoning district, and will require review and approval of a development plan by the planning commission. The maximum number of residences to be developed in Planning Area 2 is twenty-six. 5 4. Development proposals for Senior Housing, Assisted Living, Congregate Care Housing, Skilled Nursing or Memory Care facilities shall be permitted up to a maximum density of twenty-four (24) units per acre within Planning Area 3A and adhere to the following minimum requirements: a. The net livable floor area square footage for senior housing units shall be as required in Section 17.10.020 except that Assisted Living units shall be a minimum of 350 square feet for studio/efficiency units; and Memory Care units shall be a minimum of 250 square feet for private units and 350 square feet for shared units. b. Senior Housing for Independent Living and Assisted Living shall provide a minimum of 68 square feet of private open space per unit, excluding units dedicated as guest units for visiting family members or other non-residents, and may be comprised of private outdoor patios, decks, porches, balconies, and yards. The combined common area and private open space shall be a minimum of 200 square feet per unit and may include plazas, courtyards, gardens, recreational areas, putting greens, decks and patios. c. Single -story attached senior housing units shall provide a minimum of 150 square feet per unit of private open space which may be comprised of porches, patios, yards, and courtyards within the front and rear yard areas of the units. d. Memory Care Facilities shall provide a minimum of 75 square feet per unit of common area outdoor space. 5. There is no maximum lot coverage or floor area requirement for development projects within PDO -7, provided that the respective development standards for the use are met. B. Setbacks. 1. Landscape setbacks along the Pauba Road and Rancho Vista Road street frontages shall be an average of twenty feet, except for Planning Area 1B which shall be a minimum of five feet, due to the presence of the existing elementary school parking lot. The overall average front setback along either roadway shall be no less than twenty feet. 2. Sidewalks, pedestrian paths, paving, driveways and wrought iron or chain link fencing are permitted to be located within the landscaped setback area. C. Building Height. 1. Structures within Planning Area 1 shall not exceed two stories, or forty-five feet in height. Architectural projections such as mansards, towers and other design elements shall be permitted to extend an additional ten feet above the height of the building. Structures designed as split-level in order to accommodate the existing site grades are peunitted up to a height of sixty feet as measured from the lowest grade. Any structures over forty-five feet in height shall be located a minimum of one hundred feet from the nearest exterior property line, and a minimum of two hundred fifty feet from the property line of any single-family residential structure. 2. Single family residential and multi -family residential structures (with the exception of senior housing developments) shall not exceed two stories, or a maximum of thirty feet in height. 6 3. Multi -family Senior Housing, Assisted Living, Congregate Care Housing, and Convalescent Housing structures within Planning Area 3A shall not exceed four stories, (excluding parking level) or sixty-five feet in height above the lowest grade, except that elevator shafts and stairwells may extend above the roof height. Any portion of a structure over forty-five feet in height shall be set back a minimum of one hundred and thirty feet from the property line of any single-family residential structure. D. Parking. 1. Parking requirements for assembly facilities within Planning Area 1 shall be considered as shared parking in conjunction with the standard spaces required under the development code for school parking. This determination applies to those assembly or special event facilities primarily used by the student population and faculty during the school day, or those facilities conducting events after school or in the evening hours when regular school parking is available. 2. In order to provide sufficient onsite parking in the case of a special event on campus, and to prevent potential overflow parking on surrounding public streets, temporary, special event parking may be provided on designated outdoor play courts in Planning Area 1. Such temporary parking areas shall be clearly identified, and cease operation at the conclusion of the special event. E. Landscaping and Fencing. 1. Landscaping within parking lot areas shall be consistent with Section 17.24.050(H) of the Temecula Development Code, with the following exceptions: a. Landscaped planters shall not be required within the interior of parking lots except for at the ends of each row of parking spaces, due to the need to insure clear visibility in parking areas for campus security purposes. b. Required trees within the parking lot area shall be limited to the islands at the end of the parking rows, and within the landscaped areas at the perimeter of the parking lot. Trees shall be minimum fifteen -gallon containers, and may be spaced in a liner fashion around the perimeter or clustered. Trees shall be provided at a ratio of one tree for every four required parking spaces. Due to the extensive amount of existing mature trees within the district, and the internal nature of the parking lots within the landscaped setting, existing trees immediately adjacent to parking lots shall be included in the required count of parking lot trees. c. Parking lot landscaping standards shall only apply to new or substantially redeveloped parking lot areas within the district. d. Fencing for school facilities and outdoor recreation areas shall be exempt from the fence height requirements of Section 17.12.050 of the public/institutional district of the Temecula Development Code. Acceptable fencing materials include finished wrought iron or tubular steel, chain link, vinyl and decorative masonry. (Ord. 03-09 § 3 Exh. A (part)) 7 RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DEVELOPMENT PLAN (PA15-1885) TO ALLOW FOR THE CONSTRUCTION OF AN APPROXIMATELY 493,044 SQUARE -FOOT INDEPENDENT LIVING, ASSISTED LIVING, AND MEMORY CARE COMMUNITY CONTAINING 317 UNITS GENERALLY LOCATED ON THE SOUTH SIDE OF RANCHO VISTA ROAD, APPROXIMATELY 2,500 FEET EAST OF MARGARITA ROAD. (APN 955-020-018) 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. On December 21, 2015, Aaron Walker filed Planning Application Nos. PA15-1886 a Planned Development Overlay Amendment, and PA15-1885, a Development Plan Application (collectively, "the Project") in a manner in accord with the City of Temecula General Plan and Development Code. B. 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. C. A Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program were prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA"). Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the MND as required by law. The public comment period commenced via the State Clearing House from September 23, 2016 through October 24, 2016. Copies of the documents have been available for public review and inspection at the offices of the Department of Community Development, located at City Hall, 41000 Main Street, Temecula, California 92590; the Ronald H. Roberts Temecula Public Library located at 30600 Pauba Road; Temecula Grace Mellman Community Library located at 41000 County Center Drive; and the City of Temecula website. D. On June 21, 2017, at a duly noticed public hearing as prescribed by law, the Planning Commission considered the Project and any comments received prior to or at the public hearing on June 21, 2017, 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 Project and the MND. E. Following consideration of the entire record before it at the public hearing and due consideration of the proposed Project, the Planning Commission recommended that the City Council adopt the MND, and the Mitigation Monitoring and Reporting Program prepared for the Project. F. At the conclusion of the Planning Commission hearing and after due consideration of the entire record before the Planning Commission hearing, and after due consideration of the testimony regarding the proposed Project, the Planning Commission recommended that the City Council approve the Project including Planning Application Nos. PA15-1886, a Planned Development Overlay Amendment and PA15- 1885, a Development Plan. G. On September 6, 2017, the City Council of the City of Temecula considered the Project and the MND and Mitigation Monitoring and Reporting Program 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 Council considered all the testimony and any comments received regarding the Project and the MND and Mitigation Monitoring and Reporting Program prior to and at the public hearing. H. Following the public hearing, the Council adopted Resolution No. 17 - adopting the MND and Mitigation Monitoring and Reporting Program. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Legislative Findings. The City Council in approving a Development Plan application to allow for the construction of an approximately 493,044 square -foot independent living, assisted living, and memory care community containing 317 units generally located on the south side of Rancho Vista Road, approximately 2,500 feet east of Margarita Road pursuant to Temecula Municipal Code Section, 17.05.010, hereby finds, determines and declares that: A. The proposed uses are in conformance with the general plan for Temecula and with all applicable requirements of state law and other ordinances of the city. The proposed project is in conformance with the General Plan. The site is properly planned and zoned, and as conditioned, is physically suitable for the type of development proposed. The project, as conditioned, is also consistent with other applicable requirements of State law and local Ordinances, including the California Environmental Quality Act (CEQA), the Citywide Design Guidelines, and Fire and Building codes. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The overall design of the project, including the site, building, parking, circulation and other associated site improvements, is consistent with, and intended to protect the health and safety of those working and living in an around the site as the project is consistent with the General Plan, City Wide Design Guidelines, and Development Code. The project has been reviewed for, and as conditioned, has been found to be 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. Section 3. Conditions of Approval. The City Council of the City of Temecula approves Planning Application No. PA15-1885, a Development Plan application to allow for the construction of an approximately 493,044 square -foot independent living, assisted living, and memory care community containing 317 units generally located on the south side of Rancho Vista Road, approximately 2,500 feet east of Margarita Road (APN 955-020- 018), subject to the Conditions of Approval set forth in Exhibit A, attached hereto, and incorporated herein by this reference. Section 4. The City Clerk shall certify to the adoption of this Resolution and it shall become effective upon its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 5th day of September, 2017. Maryann Edwards, 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. 17- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 5tn day of September, 2017, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA15-1885 Project Description: Planning Application No. PA15-1885, a Development Plan Application for the construction of an approximately 493,044 square -foot independent living, assisted living, and memory care community containing 317 units generally located on the south side of Rancho Vista Road, approximately 2,500 feet east of Margarita Road. Assessor's Parcel No.: 955-020-018 MSHCP Category: Commercial DIF Category: Service Commercial TUMF Category: Service Commercial (Congregate Care Facilities and Nursing Homes) Quimby Category: N/A (Commercial Project) New Street In -lieu of Fee: N/A (Not within the Uptown Temecula Specific Plan Area) Approval Date: August 8, 2017 Expiration Date: August 8, 2020 PLANNING DIVISION Within 48 Hours of the Approval 1. Filing Notice of Determination. The applicant/developer shall deliver to the Planning Division a cashiers check or money order made payable to the County Clerk in the amount of Two Thousand Two Hundred Sixty-six Dollars and Twenty -Five Cents ($2,266.25) which includes the Two Thousand Two Hundred Sixteen Dollars and Twenty -Five Cents ($2,216.25) fee, required by Fish and Wildlife Code Section 711.4(d)(3) plus the Fifty Dollars ($50.00) County administrative fee, to enable the City to file the Notice of Determination for the Mitigated or Negative Declaration required under Public Resources Code Section 21152 and California Code of Regulations Section 15075. If within said 48-hour period the applicant/ developer has not delivered to the Planning Division the check as required above, the approval for the project granted shall be void due to failure of condition [Fish and Wildlife Code Section 711.4(c)]. General Requirements 2. Indemnification of the City. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City and its attorneys from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. 3. Expiration. This approval shall be used within three years of the approval date; otherwise, it shall become null and void. Use means the beginning of substantial construction contemplated by this approval within the three year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval, or use of a property in conformance with a Conditional Use Permit. 4, Time Extension. The Director of Community Development may, upon an application being filed prior to expiration, and for good cause, grant a time extension of up to five extensions of time, one year at a time. 5. Consistency with Planned Development Overlay. This project and all subsequent projects within this site shall be consistent with Linfield Christian School Planned Development Overlay (PDO -7). 6. Conformance with Approved Plans. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Division. 7. Signage Permits. A separate building permit shall be required for all signage. 8. Landscape Maintenance. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Director of Community Development. If it is determined that the landscaping is not being maintained, the Director of Community Development shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. 9. Graffiti. All graffiti shall be removed within 24 hours on telecommunication towers, equipment, walls, or other structures. 10. Water Quality and Drainage. Other than stormwater, it is illegal to allow liquids, gels, powders, sediment, fertilizers, landscape debris, and waste from entering the storm drain system or from leaving the property. To ensure compliance with this Condition of Approval: a. Spills and leaks shall be cleaned up immediately. b. Do not wash, maintain, or repair vehicles onsite. c. Do not hose down parking areas, sidewalks, alleys, or gutters. d. Ensure that all materials and products stored outside are protected from rain. e. Ensure all trash bins are covered at all times. 11. Paint Inspection. The applicant shall paint a three -foot -by -three-foot section of the building for Planning Division inspection, prior to commencing painting of the building. 12. Materials and Colors. The Conditions of Approval specified in this resolution, to the extent specific items, materials, equipment, techniques, finishes or similar matters are specified, shall be deemed satisfied by City staffs prior approval of the use or utilization of an item, material, equipment, finish or technique that City staff determines to be the substantial equivalent of that required by the Conditions of Approval. Staff may elect to reject the request to substitute, in which case the real party in interest may appeal, after payment of the regular cost of an appeal, the decision to the Planning Commission for its decision. Materials S -Tile Concrete Rafter Tails Stucco Stucco Wrought Iron Railing Garage Doors Window Sills Color Roofing Weathered Terracotta Oxford Brown Egg Shell (X-73) Silverado (X-820) Black Powder Coat Canyon Ridge Walnut Cast Stone 13. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 14. Trash Enclosures. The trash enclosures shall be Targe enough to accommodate a recycling bin, as well as regular solid waste containers. 15. Trash Enclosures. Trash enclosures shall be provided to house all trash receptacles utilized on the site. These shall be clearly labeled on the site plan. 16. Covered Trash Enclosures. All trash enclosures on site shall include a solid cover and the construction plans shall include all details of the trash enclosures, including the solid cover. 17. Phased Construction. If construction is phased, a construction staging area plan or phasing plan for construction equipment and trash shall be approved by the Director of Community Development. 18. Construction and Demolition Debris. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris and shall provide the Planning Division verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul demolition and construction debris. 19. Public Art Ordinance. The applicant shall comply with the requirements of the City's Public Art Ordinance as defined in Section 5.08 of the Temecula Municipal Code. 20. Property Maintenance. All parkways, including within the right-of-way, entryway median, landscaping, walls, fencing, recreational facilities, and on-site lighting shall be maintained by the property owner or maintenance association. 21. Compliance with MND. The project and all subsequent projects within this site shall comply with all mitigation measures identified within the prepared MND (SCH: 2016091059, June 2017) per the Mitigation Monitoring and Reporting Program 22. Rancho Vista Way Access. On weekdays from 7:00 a.m. to 9:00 a.m. the western driveway, or main entrance, the outbound gate will be closed and traffic will be directed to the eastern driveway. Prior to Issuance of Grading Permit 23. Placement of Transformer. Provide the Planning Division with a copy of the underground water plans and electrical plans for verification of proper placement of transformer(s) and double detector check valves prior to final agreement with the utility companies. 24. Placement of Double Detector Check Valves. Double detector check valves shall be installed at locations that minimize their visibility from the public right-of-way, subject to review and approval by the Director of Community Development. 25. Archaeological/Cultural Resources Grading Note. The following shall be included in the Notes Section of the Grading Plan: "If at any time during excavation/construction of the site, archaeological/cultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Director of Community Development at his/her sole discretion may require the property owner to deposit a sum of money it deems reasonably necessary to allow the City to consult and/or authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the discovery is not an archaeological/ cultural resource, the Planning Director shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeological/cultural resource, the Planning Director shall notify the property owner that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Planning Director." 26. Cultural Resources Treatment Agreement. The developer is required to enter into a Cultural Resources Treatment Agreement with the Pechanga Tribe. The agreement shall be in place prior to issuance of a grading permit. To accomplish this, the applicant should contact the Pechanga Tribe no less than 30 days and no more than 60 days prior to issuance of a grading permit. This Agreement will address the treatment and disposition of cultural resources, the designation, responsibilities, and participation of professional of professional Pechanga Tribal monitors during grading, excavation and ground disturbing activities; project grading and development scheduling; terms of compensation for the monitors; and treatment and final disposition of any cultural resources, sacred sites, and human remains discovered onsite. The Pechanga monitor's authority to stop and redirect grading will be exercised in consultation with the project archaeologist in order to evaluate the significance of any potential resources discovered on the property. Pechanga and archaeological monitors shall be allowed to monitor all grading, excavation and groundbreaking activities, and shall also have the limited authority to stop and redirect grading activities should an inadvertent cultural resource be identified. 27. Discovery of Cultural Resources. The following shall be included in the Notes Section of the Grading Plan: "If cultural resources are discovered during the project construction (inadvertent discoveries), all work in the area of the find shall cease, and the qualified archaeologist and the Pechanga monitor shall investigate the find, and make recommendations as to treatment." 28. Archaeological Monitoring Notes. The following shall be included in the Notes Section of the Grading Plan: "A qualified archaeological monitor will be present and will have the authority to stop and redirect grading activities, in consultation with the Pechanga Tribe and their designated monitors, to evaluate the significance of any potential resources discovered on the property." 29. Tribal Monitoring Notes. The following shall be included in the Notes Section of the Grading Plan: "A Pechanga Tribal monitor will be present and will have the authority to stop and redirect grading activities, in consultation with the project archaeologist and their designated monitors, to evaluate the significance of any potential resources discovered on the property." 30. Relinquishment of Cultural Resources. The following shall be included in the Notes Section of the Grading Plan: "The landowner agrees to relinquish ownership of all cultural resources, including all archaeological artifacts that are found on the project area, to the Pechanga Tribe for proper treatment and disposition." 31, Preservation of Sacred Sites. The following shall be included in the Notes Section of the Grading Plan: "All sacred sites are to be avoided and preserved." 32. MSHCP Pre -Construction Survey. A 30 -day preconstruction survey, in accordance with MSHCP guidelines and survey protocol, shall be conducted prior to ground disturbance. The results of the 30 -day preconstruction survey shall be submitted to the Planning Division prior to scheduling the pre -grading meeting with Public Works. If construction is delayed or suspended for more than 30 days after the survey, the area shall be resurveyed. 33. Burrowing Owl Grading Note. The following shall be included in the Notes Section of the Grading Plan: "No grubbing/clearing of the site shall occur prior to scheduling the pre -grading meeting with Public Works. All project sites containing suitable habitat for burrowing owls, whether owls were found or not, require a 30 -day preconstruction survey that shall be conducted within 30 days prior to ground disturbance to avoid direct take of burrowing owls. If the results of the survey indicate that no burrowing owls are present on-site, then the project may move forward with grading, upon Planning Division approval. If burrowing owls are found to be present or nesting on-site during the preconstruction survey, then the following recommendations must be adhered to: Exclusion and relocation activities may not occur during the breeding season, which is defined as March 1 through August 31, with the following exception: From March 1 through March 15 and from August 1 through August 31 exclusion and relocation activities may take place if it is proven to the City and appropriate regulatory agencies (if any) that egg laying or chick rearing is not taking place. This determination must be made by a qualified biologist." If construction is delayed or suspended for more than 30 days after the survey, the area shall be resurveyed. 34. Precise Grading Plans. A copy of the Precise Grading Plans shall be submitted and approved by the Planning Division. 35. Archaeologist Retained. Prior to beginning project construction, the Project Applicant shall retain a Riverside County qualified/City of Temecula approved archaeological monitor to monitor all ground -disturbing activities in an effort to identify any unknown archaeological resources. Any newly discovered cultural resource deposits shall be subject to a cultural resources evaluation (See PL -4). The archaeological monitor's authority to stop and redirect grading will be exercised in consultation with the Pechanga Tribe in order to evaluate the significance of any potential resources discovered on the property. Pechanga and archaeological monitors shall be allowed to monitor all grading, excavation and groundbreaking activities, and shall also have the limited authority to stop and redirect grading activities should an inadvertent cultural resource be identified. The archaeologist shall provide a final monitoring report at the end of all earthmoving activities to the City of Temecula, the Pechanga Tribe and the Eastern Information Center at UC, Riverside. 36. Human Remains. If human remains are encountered, California Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to California Public Resources Code Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission must be contacted within 24 hours. The Native American Heritage Commission must then immediately identify the "most likely descendant(s)" of receiving notification of the discovery. The most likely descendant(s) shall then make recommendations within 48 hours, and engage in consultations concerning the treatment of the remains as provided in Public Resources Code 5097.98 and the Treatment Agreement described in these conditions. Prior to Issuance of Building Permit 37. Transportation Uniform Mitigation Fee (TUMF). The City of Temecula adopted an ordinance on March 31, 2003 to collect fees for a Riverside County area wide Transportation Uniform Mitigation Fee (TUMF). This project is subject to payment of these fees at the time of building permit issuance. The fees are subject to the provisions of Chapter 15.08 of the Temecula Municipal Code and the fee schedule in effect at the time of building permit issuance. 38. Development Impact Fee (DIF). The developer shall comply with the provisions of Title 15, Chapter 15.06 of the Temecula Municipal Code and all its resolutions by paying the appropriate City fee. 39. Photometric Plan. The applicant shall submit a photometric plan as part of the building plan submittal, including the parking lot, to the Planning Division, which meets the requirements of the Development Code and the Riverside County Palomar Lighting Ordinance 655. All exterior LED light fixtures shall be 3,000 kelvin or below. The parking lot light standards shall be placed in such a way as to not adversely affect the growth potential of the parking lot trees. 40. Construction Landscaping and Irrigation Plans. Four (4) copies of Construction Landscaping and Irrigation Plans shall be reviewed and approved by the Planning Division. These plans shall be submitted as a separate submittal, not as part of the building plans or other plan set. These plans shall conform to the approved conceptual landscape plan, or as amended by these conditions. The location, number, height and spread, water usage or KC value, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance and Water Storage Contingency Plan per the Rancho California Water District. The plans shall be accompanied by the appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal) and one copy of the approved Grading Plan. 41. Landscaping Site Inspections. The Landscaping and Irrigation Plans shall include a note stating, "Three landscape site inspections are required. The first inspection will be conducted at installation of irrigation while trenches are open. This will verify that irrigation equipment and layout is per plan specifications and details. Any adjustments or discrepancies in actual conditions will be addressed at this time and will require an approval to continue. Where applicable, a mainline pressure check will also be conducted. This will verify that the irrigation mainline is capable of being pressurized to 150 psi for a minimum period of two hours without loss of pressure. The second inspection will verify that all irrigation systems are operating properly, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The third inspection will verify property landscape maintenance for release of the one-year landscape maintenance bond." The applicant/owner shall contact the Planning Division to schedule inspections. 42. Agronomic Soils Report. The Landscaping and Irrigation Plans shall include a note on the plans stating, "The contractor shall provide two copies of an agronomic soils report at the first irrigation inspection." 43. Water Usage Calculations. The Landscaping and Irrigation Plans shall include water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance), the total cost estimate of plantings and irrigation (in accordance with approved plan). Applicant shall use evapotranspiration (ETo) factor of 0.70 for calculating the maximum allowable water budget. 44. Landscape Maintenance Program. A landscape maintenance program shall be submitted to the Planning Division for approval. The landscape maintenance program shall detail the proper maintenance of all proposed plant materials to assure proper growth and landscape development for the long-term esthetics of the property. The approved maintenance program shall be provided to the landscape maintenance contractor who shall be responsible to carry out the detailed program. 45. Specifications of Landscape Maintenance Program. Specifications of the landscape maintenance program shall indicate, "Three landscape site inspections are required. The first inspection will be conducted at installation of irrigation while trenches are open. This will verify that irrigation equipment and layout is per plan specifications and details. Any adjustments or discrepancies in actual conditions will be addressed at this time and will require an approval to continue. Where applicable, a mainline pressure check will also be conducted. This will verify that the irrigation mainline is capable of being pressurized to 150 psi for a minimum period of two hours without loss of pressure. The second inspection will verify that all irrigation systems are operating properly, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The third inspection will verify property landscape maintenance for release of the one-year landscape maintenance bond." The applicant/owner shall contact the Planning Division to schedule inspections. 46. Irrigation. The landscaping plans shall include automatic irrigation for all landscaped areas and complete screening of all ground mounted equipment from view of the public from streets and adjacent property for private common areas; front yards and slopes within individual lots; shrub planting to completely screen perimeter walls adjacent to a public right-of-way equal to 66 feet or larger; and, all landscaping excluding City maintained areas and front yard landscaping which shall include, but may not be limited to, private slopes and common areas. 47. Hardscapinq. The landscape plans shall include all hardscaping for pedestrian trails within private common areas. 48. Precise Grading Plans. Precise Grading Plans shall be consistent with the approved conceptual grading plans including all structural setback measurements. 49. Building Construction Plans for Outdoor Areas. Building Construction Plans shall include detailed outdoor areas including but not limited to trellises, decorative furniture, fountains, hardscape, gazebos etc. to match the style of the building subject to the approval of the Director of Community Development. 50. WQMP Landscape Compliance. The construction landscape plans shall be consistent with Appendix A, Table 31 of the Low Impact Development (LID) Manual for Southern California for plant materials and treatment facilities, and shall reference the approved precise grading plan for WQMP features. 51. Utility Screening. All utilities shall be screened from public view. Landscape construction drawings shall show and label all utilities and provide appropriate screening. Provide a three-foot clear zone around fire check detectors as required by the Fire Department before starting the screen. Group utilities together in order to reduce intrusion. Screening of utilities is not to look like an after -thought. Plan planting beds and design around utilities. Locate all light poles on plans and ensure that there are no conflicts with trees. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit 52. Screening of Loading Areas. The applicant shall be required to screen all loading areas and roof mounted mechanical equipment from view of the adjacent residences and public right-of-ways. If upon final inspection it is determined that any mechanical equipment, roof equipment or backs of building parapet walls are visible from any portion of the public right-of-way adjacent to the project site, the developer shall provide screening by constructing a sloping tile covered mansard roof element or other screening reviewed and approved by the Director of Community Development. 53. Landscape Installation Consistent with Construction Plans. All required landscape planting and irrigation shall have been installed consistent with the approved construction plans and shall be in a condition acceptable to the Director of Community Development. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 54. Performance Securities. Performance securities, in amounts to be determined by the Director of Community Development, to guarantee the maintenance of the plantings in accordance with the approved construction landscape and irrigation plan, shall be filed with the Planning Division for a period of one year from final Certificate of Occupancy. After that year, if the landscaping and irrigation system have been maintained in a condition satisfactory to the Director of Community Development, the bond shall be released upon request by the applicant. 55 installation of Site Improvements. All site improvements, including but not limited to, parking areas and striping shall be installed. 56. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Outside Agencies 57. Compliance with Dept. of Environmental Health. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Healths transmittal dated September 26, 2016, a copy of which is attached. 58. Compliance with EMWD. The applicant shall comply with the recommendations set forth in the Eastern Municipal Water District's transmittal dated December 24, 2015, a copy of which is attached. 59. Compliance with County of Riverside Geologist. The applicant shall comply with the recommendations set forth in the County of Riverside Geologist transmittal dated August 24, 2016, a copy of which is attached. 60. Compliance with RCWD. The applicant shall comply with the recommendations set forth in the Rancho California Water District's transmittal dated December 31, 2015, a copy of which is attached. PUBLIC WORKS DEPARTMENT General Requirements 61. Conditions of Approval. The developer shall comply with all Conditions of Approval, the Engineering and Construction Manual and all City codes/standards at no cost to any governmental agency. 62. Entitlement Approval. The developer shall comply with the approved site plan, the conceptual Water Quality Management Plan (WQMP) and other relevant documents approved during entitlement. Any significant omission to the representation of site conditions may require the plans to be resubmitted for further review and revision. 63. Precise Grading Permit. A precise grading permit for on site improvements (outside of public right-of-way) shall be obtained from Public Works. 64. Haul Route Permit. A haul route permit may be required when soils are moved on public roadways to or from a grading site. The developer/contractor is to verify if the permit is required. If so, he shall comply with all conditions and requirements per the City's Engineering and Construction Manual and as directed by Public Works. 65. Encroachment Permits. Prior to commencement of any applicable construction, encroachment permit(s) are required; and shall be obtained from Public Works for public offsite improvements. 66. Street Improvement Plans. The developer shall submit public/private street improvement plans for review and approval by Public Works. The plans shall be in compliance with Caltrans and City codes/standards; and shall include, but not limited to, plans and profiles showing existing topography, existing/proposed utilities, proposed centerline, top of curb and flowline grades. 67. Right -of -Way Dedications. All easements and/or right-of-way dedications shall be offered to the public or other appropriate agency and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by Public Works. 68. Signing & Striping Plan. A signing & striping plan, designed by a registered civil engineer per the latest edition of Caltrans MUTCD standards, shall be included with the street improvement plans for approval. 69. Storm Drain Improvement Plans. The developer shall submit storm drain improvement plans if the street storm flows exceeds top of curb for the 10 -year storm event and/or is not contained within the street right-of-way for the 100 -year storm event. A manhole shall be constructed at right-of-way where a private and public storm drain systems connect. The plans shall be approved by Public Works. 70. Rancho Vista Road Crosswalk. Relocate the existing crosswalk on Rancho Vista Road adjacent to the Temecula Valley Unified School District Office (31350 Rancho Vista Road) to Rancho Vista Road and Via El Greco/Linfield Village Main Gate entrance to provide a north/south connection. The crosswalk shall include solar powered School Zone Pedestrian Crossing LED signs with wireless sensor activation, and solar powered Pedestrian Motion detection at crosswalk. Prior to Issuance of a Grading Permit 71. Environmental Constraint Sheet (ECS). The developer shall comply with all constraints per the recorded ECS with any underlying maps related to the subject property. 72. Required Clearances. As deemed necessary by Public Works, the developer shall receive written clearances/permits from applicable agencies such as the San Diego Regional Water Quality Board (401 certification), Army Corps of Engineers (404 certification), California Department of Fish and Wildlife (Section 1603 Streambed Alteration Agreement), Metropolitan Water District, and other affected agencies. 73. Grading/Erosion & Sediment Control Plan. The developer shall submit a grading/erosion & sediment control plan(s) to be reviewed and approved by Public Works. All plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site. The approved plan shall include all construction -phase pollution -prevention controls to adequately address non -permitted runoff. Refer to the City's Engineering & Construction Manual at: www.TemeculaCA.gov/ECM 74. Erosion & Sediment Control Securities. The developer shall comply with the provisions of Chapter 24, Section 18.24.140 of the Temecula Municipal Code by posting security and entering into an agreement to guarantee the erosion & sediment control improvements. 75. NPDES General Permit Compliance. The developer shall obtain project coverage under the State National Pollutant Discharge Elimination System (NPDES) General Permit for Construction Activities and shall provide the following: a. A copy of the Waste Discharge Identification Number (WDID) issued by the State Water Resources Control Board (SWRCB); b. The project's Risk Level (RL) determination number; and c. The name, contact information and certification number of the Qualified SWPPP Developer (QSD) Pursuant to the State Water Resources Control Board (SWRCB) requirements and City's storm water ordinance, a Storm Water Pollution Prevention Plan (SWPPP) shall be generated and submitted to the Board. Throughout the project duration, the SWPPP shall be routinely updated and readily available (onsite) to the State and City. Review www.cabmphandbooks.com for SWPPP guidelines. Refer to the following link: http://www.waterboards.ca.gov/water issues/programs/stormwater/construction.shtml 76. Water Quality Management Plan (WQMP) and O&M Agreement. The developer shall submit a final WQMP (prepared by a registered professional engineer) with the initial grading plan submittal, based on the conceptual WQMP from the entitlement process. It must receive acceptance by Public Works. A copy of the final project -specific WQMP must be kept onsite at all times. In addition, a completed WQMP Operation and Maintenance (O&M) Agreement shall be submitted for review and approval. Upon approval from City staff, the applicant shall record the O&M agreement at the County Recorder's Office in Temecula. Refer to the WQMP template and agreement link below: www.TemeculaCA.gov/WQMP 77. Area Drainage Plan (ADP) Fee to RCFC&WCD. The developer shall demonstrate to the City that the flood mitigation charge (ADP fee) has been paid to RCFC&WCD. If the full ADP fee has already been credited to this property, no new charge will be required. 78. Drainage. All applicable drainage shall be depicted on the grading plan and properly accommodated with onsite drainage improvements and water quality facilities, which shall be privately maintained. Alterations to existing drainage patterns or concentration and/or diverting flows is not allowed unless the developer constructs adequate drainage improvements and obtains the necessary permissions from the downstream property owners. All drainage leaving the site shall be conveyed into a public storm drain system, if possible. The creation of new cross lot drainage is not permitted. 79. Soils Report. A soils report, prepared by a registered soil or civil engineer, shall be submitted to Public Works with the initial grading plan submittal. The report shall address the site's soil conditions and provide recommendations for the construction of engineered structures and preliminary pavement sections. 80. Geological Report. The developer shall complete any outstanding County geologist's requirements, recommendations and/or proposed Conditions of Approval as identified during entitlement. 81. Letter of Permission/Easement. The developer shall obtain documents (letters of permission or easements) for any offsite work performed on adjoining properties. The document's format is as directed by, and shall be submitted to, Public Works for acceptance. The document information shall be noted on the approved grading plan. 82. Ingress/Egress Easement. The developer shall obtain an easement for ingress and egress over adjacent properties. The easement information shall be noted on the approved grading plan. 83. Gate Entrances. If gates are being proposed at project entrances, the configuration, stacking distance and turn -around ability shall be reviewed and approved by Public Works and the Fire Department. 84. Sight Distance. The developer shall limit landscaping in the corner cut-off area of all street intersections and adjacent to driveways to provide for minimum sight distance and visibility. 85. Habitat Conservation Fee. The developer shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in the ordinance or by providing documented evidence that the fees have already been paid. Prior to Issuance of Encroachment Permit(s) 86. Public Utility Agency Work. The developer shall submit all relevant documentation due to encroaching within City right-of-way; and is responsible for any associated costs and for making arrangements with each applicable public utility agency. 87. Traffic Control Plans. A construction area traffic control plan (TCP) will be required for lane closures and detours or other disruptions to traffic circulation; and shall be reviewed and approved by Public Works. The TCP shall be designed by a registered civil or traffic engineer in conformance with the latest edition of the Caltrans Manual on Uniform Traffic Control Devices (MUTCD) and City standards. 88. Improvement Plans. All improvement plans (including but not limited to street and storm drain) shall be reviewed and approved by Public Works. 89. Street Trenching. All street trenches shall conform to City Standard No. 407; refer to the City's Paving Notes. Prior to Issuance of Building Permit(s) 90. Construction of Street Improvements. All street improvement plans shall be approved by Public Works. The developer shall start construction of all public and/or private street improvements, as outlined below, in accordance to the City's General Plan/Circulation Element and corresponding City standards. All street improvement designs shall provide adequate right-of-way and pavement transitions per Caltrans' standards to join existing street improvements. a. Rancho Vista Road along property frontage (Secondary Arterial (4 lanes undivided) Highway Standard No. 102 — 88' RNV) to include dedication of half -width street right-of-way, installation of half -width street improvements, paving, curb and gutter, sidewalk, streetlights, drainage facilities, signing and striping and utilities (including but not limited to water and sewer). b. Linfield Way - Private Street to include dedication for public utilities and emergency vehicle access, installation of street improvement as shown on the approved site plan. 91. Street Lights. The developer shall submit a completed SCE street light application, an approved SCE Streetlight Plan and pay the advanced energy fees. If not obtaining a building permit, this shall be done prior to installation of additional street lighting. All costs associated with the relocation of any existing street lights shall be paid by the developer. 92. Certifications. Certifications are required from the registered civil engineer -of -record certifying the building pad elevation(s) per the approved plans and from the soil's engineer -of -record certifying compaction of the building pad(s). Prior to Issuance of a Certificate of Occupancy 93. Completion of Improvements. The developer shall complete all work per the approved plans and Conditions of Approval to the satisfaction of the City Engineer. This includes all on site work (including water quality facilities), public improvements and the executed WQMP Operation and Maintenance agreement. 94. Utility Agency Clearances. The developer shall receive written clearance from applicable utility agencies (i.e., Rancho California and Eastern Municipal Water Districts, etc.) for the completion of their respective facilities and provide to Public Works. 95. Replacement of Damaged Improvements/Monuments. Any appurtenance damaged or broken during development shall be repaired or removed and replaced to the satisfaction of Public Works. Any survey monuments damaged or destroyed shall be reset per City Standards by a qualified professional pursuant to the California Business and Professional Code Section 8771. 96. Certifications. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by Public Works. BUILDING AND SAFETY DIVISION General Requirements 97. Final Building and Safety Conditions. Final Building and Safety conditions will be addressed when building construction plans are submitted to Building and Safety for review. These conditions will be based on occupancy, use, the California Building Code (CBC), and related codes which are enforced at the time of building plan submittal. 98. Compliance with Code. All design components shall comply with applicable provisions of the 2016 edition of the California Building, Plumbing and Mechanical Codes; 2016 California Electrical Code; California Administrative Code, 2016 California Energy Codes, 2016 California Green Building Standards, California Title 24 Disabled Access Regulations, and City of Temecula Municipal Code. 99. ADA Access. Applicant shall provide details of all applicable disabled access provisions and building setbacks on plans to include: a. All ground floor units to be adaptable. b. Disabled access from the public way to the main entrance of the building. c. Van accessible parking located as close as possible to the main entry. d. Path of accessibility from parking to furthest point of improvement. e. Path of travel from public right-of-way to all public areas on site, such as club house, trash enclose tot Tots and picnic areas. 100. Countv of Riverside Mount Palomar Ordinance. Applicant shall submit, at time of plan review, a complete exterior site lighting plan showing compliance with County of Riverside Mount Palomar Ordinance Number 655 for the regulation of light pollution. All streetlights and other outdoor lighting shall be shown on electrical plans submitted to the Building and Safety Division. Any outside lighting shall be hooded and aimed not to shine directly upon adjoining property or public rights-of-way. 101. Street Addressing. Applicant must obtain street addressing for all proposed buildings by requesting street addressing and submitting a site plan for commercial or multi -family residential projects or a recorded final map for single-family residential projects. 102. Clearance from TVUSD. A receipt or clearance letter from the Temecula Valley Unified School District shall be submitted to the Building and Safety Department to ensure the payment or exemption from School Mitigation Fees. 103. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 104. Obtaining Separate Approvals and Permits. Trash enclosures, patio covers, Tight standards, and any block walls will require separate approvals and permits. 105. Demolition. Demolition permits require separate approvals and permits. 106. Sewer and Water Plan Approvals. On-site sewer and water plans will require separate approvals and permits. 107. Hours of Construction. Signage shall be prominently posted at the entrance to the project, indicating the hours of construction, as allowed by the City of Temecula Municipal Ordinance 9.20.060, for any site within one-quarter mile of an occupied residence. The permitted hours of construction are Monday through Saturday from 7:00 a.m. to 6:30 p.m. No work is permitted on Sundays and nationally recognized Government Holidays. 108. House Electrical Meter. Provide a house electrical meter to provide power for the operation of exterior lighting, irrigation pedestals and fire alarm systems for each building on the site. Developments with single user buildings shall clearly show on the plans how the operation of exterior lighting and fire alarm systems when a house meter is not specifically proposed. 109. Protection of drains and penetration. Protection of joints and penetrations in fire resistance -rated assemblies shall not be concealed from view until inspected for all designed fire protection. Required fire seals/fire barriers in fire assemblies at fire resistant penetrations shall be installed by individuals with classification or certification covering the installation of these systems. Provide certification for the installation of each area and certification of compliance for Building Official's approval. At Plan Review Submittal 110. Submitting Plans and Calculations. Applicant must submit to Building and Safety four (4) complete sets of plans and two (2) sets of supporting calculations for review and approval including: a. An electrical plan including load calculations and panel schedule, plumbing schematic, and mechanical plan applicable to scope of work. b. A Sound Transmission Control Study in accordance with the provisions of the Section 1207, of the 2016 edition of the California Building Code. c. A precise grading plan to verify accessibility for persons with disabilities. d. Truss calculations that have been stamped by the engineer of record of the building and the truss manufacturer engineer. Prior to Issuance of Grading Permit(s) 111. Onsite Water and Sewer Plans. Onsite water and sewer plans, submitted separately from the building plans, shall be submitted to Building and Safety for review and approval. 112. Demolition Permits. A demolition permit shall be obtained if there is an existing structure to be removed as part of the project. Prior to Issuance of Building Permit(s) 113. Plans Require Stamp of Registered Professional. Applicant shall provide appropriate stamp of a registered professional with original signature on the plans. Prior to Beginning of Construction 114. Pre -Construction Meeting. A pre -construction meeting is required with the building inspector prior to the start of the building construction. FIRE PREVENTION General Requirements 115. Fire Hydrants. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix C. Standard fire hydrants (6" x 4" x (2) 2'/2" outlets) shall be located on fire access roads and adjacent public streets. For all Commercial and multi -family projects hydrants shall be spaced at 350 feet apart, and shall be located no more than 210 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The fire line may be required to be a looped system. 116. Fire Flow. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial and residential buildings per CFC Appendix B. The developer shall provide for this project, a water system capable of delivering 4,000 GPM at 20 -PSI residual operating pressure for a 4 -hour duration for multi -family and commercial projects. The fire flow as given above has taken into account all information as provided. (CFC Appendix B and Temecula City Ordinance 15.16.020). Prior to Issuance of Grading Permit(s) 117. Access Road Widths. Fire Department vehicle access roads shall have an unobstructed width of not less than 24 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches (CFC Chapter 5 and City Ordinance 15.16.020). 118. All Weather Access Roads. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be with a surface to provide all-weather driving capabilities. Access roads shall be 80,000 lbs. GVW with a minimum of AC thickness of .25 feet. In accordance with Section 3310.1, prior to building construction, all locations where structures are to be built shall have fire apparatus access roads. (CFC Chapter 5 and City Ordinance 15.16.020). Prior to Issuance of Building Permit(s) 119. Required Submittals (Fire Underground Water). The developer shall furnish three copies of the water system plans to the Fire Prevention Bureau for approval prior to installation for all private water systems pertaining to the fire service loop. Plans shall be signed by a registered civil engineer, contain a Fire Prevention Bureau approval signature block, and conform to hydrant type, location, spacing and minimum fire flow standards. Hydraulic calculations will be required with the underground submittal to ensure fire flow requirements are being met for the on-site hydrants. The plans must be submitted and approved prior to building permit being issued. The Fire department Connections (FDC"S) will be free standing for buildings 'B' and 'A' and Building 'C' FDC's can be wall mounted since these are multi family type structures. 120. Required Submittals (Fire Sprinkler Systems). Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. These plans must be submitted prior to the issuance of building permit. 121. Required Submittals (Fire Alarm Systems). Fire alarm plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. The fire alarm system is required to have a dedicated circuit from the house panel. These plans must be submitted prior to the issuance of building permit. Prior to Issuance of Certificate of Occupancy 122. Address Directory (Multi -Family). A directory display monument sign shall be required for apartment, condominium, townhouse or mobile home parks. Each complex shall have an illuminated diagrammatic layout of the complex which indicates the name of the complex, all streets, building identification, unit numbers, and fire hydrant locations within the complex. Location of the sign and design specifications shall be submitted to and be approved by the Fire Prevention Bureau prior to installation. 123. Gates and Access. AH manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by fire fighting personnel (CFC Chapter 5). 124. Hydrant Verification. Hydrant locations shall be identified by the installation of reflective markers (blue dots) (City Ordinance 15.16.020). 125. Knox Box. A "Knox -Box" shall be provided. The Knox -Box shall be installed a minimum of six feet in height and be located to the right side of the fire riser sprinkler room (CFC Chapter 5). 126. Site Plan. The applicant shall prepare and submit to the Fire Department for approval, a site plan designating fire lanes with appropriate lane painting and/or signs (CFC Chapter 5). POLICE DEPARTMENT General Requirements 127. Landscape Height. The applicant shall ensure all landscaping surrounding all buildings are kept at a height of no more than three feet or below the ground floor window sills. Plants, hedges and shrubbery shall be defensible plants to deter would-be intruders from breaking into the buildings utilizing lower level windows. 128. Tree Pruning. The applicant shall ensure all trees surrounding all building rooftops be kept at a distance to deter roof accessibility by "would-be burglars." Since trees also act as a natural ladder, the branches must be pruned to have a six-foot clearance from the buildings. 129. Berm Height. Berms shall not exceed three feet in height. 130. Parking Lot Lighting. All parking lot lighting shall be energy saving and minimized after hours of darkness and in compliance with Title 24, Part 6, of the California Code of Regulations. 131. Exterior Door Lighting. All exterior doors shall have a vandal resistant light fixture installed above the door. The doors shall be illuminated with a minimum one -foot candle illumination at ground level, evenly dispersed. 132. Exterior Building Lighting. All lighting affixed to the exterior of buildings shall be wall mounted light fixtures to provide sufficient lighting during hours of darkness. 133. Outdoor Lighting During Non -Business Hours. The applicant shall comply with the Governor's order to address the power crisis. This order became effective March 18, 2001 calling for a substantial reduction from businesses to cut usage during non -business hours. The order, in part, states, "All California retail establishments, including, but not limited to, shopping centers, auto malls and dealerships, shall substantially reduce maximum outdoor lighting capability during non -business hours except as necessary for the health and safety of the public, employees or property." Failure to comply with this order following a warning by law enforcement officials shall be punishable as a misdemeanor with a fine not to exceed $1,000 in accordance with Title 24, Part 6, of the California Code of Regulations. 134. Commercial or Institutional Grade Hardware. All doors, windows, locking mechanisms, hinges, and other miscellaneous hardware shall be commercial or institution grade. 135. Graffiti Removal. Any graffiti painted or marked upon the buildings must be removed or painted over within 24 hours of being discovered. Report all such crimes to the Temecula Police 24-hour dispatch Center at (951) 696 -HELP. 136. Alarm System. Upon completion of construction, the buildings shall have a monitored alarm system installed and monitored 24 hours a day by a designated private alarm company to notify the Temecula Police Department of any intrusion. All multi -tenant offices/suites/businesses located within a specific building shall have their own alarm system. This condition is not applicable if the business is opened 24/7. 137. Roof Hatches. All roof hatches shall be painted "International Orange." 138. Rooftop Addressing. The construction plans shall indicate the application of painted rooftop addressing plotted on a nine -inch grid pattern with 45 -inch tall numerals spaced nine inches apart. The numerals shall be painted with a standard nine -inch paint roller using fluorescent yellow paint applied over a contrasting background. The address shall be oriented to the street and placed as closely as possible to the edge of the building closest to the street. 139. Public Telephones. Any public telephones located on the exterior of the buildings shall be placed in a well -lit, highly visible area, and installed with a "call -out only" feature to deter loitering. This feature is not required for public telephones installed within the interior of the buildings. 140. ADA Parking. All disabled parking stalls on the premises shall be marked in accordance with Section 22511.8 of the California Vehicle Code. 141. Knox Boxes. Knox boxes with Police access are required at each gate leading into the property. "Where access to or within a structure or an area is restricted because of secured opening or where immediate access is necessary for life-saving purposes, the Temecula Police Department is authorized to require a key box to be installed in an approved location. The key box shall be of an approved type and shall contain keys to gain necessary access. 142. Crime Prevention Through Environmental Design. Crime prevention through environmental design as developed by the National Crime Prevention Institute (NCPI) supports the concept that "the proper design and effective use of the built environment can lead to a reduction in the fear and incidence of crime and an improvement in the quality of life." The nine primary strategies that support this concept are included as conditions below: a. Provide clear border definition of controlled space. Examples of border definition may include fences, shrubbery or signs in exterior areas. Within a building, the arrangement of furniture and color definition can serve as a means of identifying controlled space. b. Provide clearly marked transitional zones. Persons need to be able to identify when they are moving from public to semi-public to private space. c. Gathering or congregating areas to be located or designated in locations where there is good surveillance and access control. d. Place safe activities in unsafe locations. Safe activities attract normal users to a location and subsequently render the location less attractive to abnormal users due to observation and possible intervention. e. Place unsafe activities in safe locations. Placing unsafe activities in areas of natural surveillance or controlled access will help overcome risk and make the users of the areas feel safer. f. Redesign the use of space to provide natural barriers. Separate activities that may conflict with each other (outdoor basketball court and children's play area, for example) by distance, natural terrain or other functions to avoid such conflict. g. Improve scheduling of space. The timing in the use of space can reduce the risk for normal users and cause abnormal users to be of greater risk of surveillance and intervention. h. Redesign space to increase the perception of natural surveillance. Abnormal users need to be award of the risk of detection and possible intervention. Windows and clear lines -of -sight serve to provide such a perception of surveillance. i. Overcome distance and isolation. This strategy may be accomplished through improved communications (portable two-way radios, for example) and design efficiencies, such as the location of restrooms in a public building. 143. Business Security Survey. Businesses desiring a business security survey of their location can contact the Crime Prevention and Plans Unit of the Temecula Police Department at (951) 695-2773. 144. Questions Regarding Conditions. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 695-2773. County of Riverside DEPARTMENT OF ENVIRONMENTAL HEALTH September 26, 2016 City of Temecula Planning Department Attn: Scott Cooper 41000 Main Street Temecula, CA 92590 P.O. BOX 7909 • RIVERSIDE, CA 92513-7909 STEVE VAN STOCKUM, DIRECTOR SUBJECT: CITY OF TEMECULA — Planning Application PA15-1885 Linfield Senior Apartments APN:955-020-018 Dear Mr. Cooper: The project listed in the subject heading of this letter is proposing a development plan for a 483,500 square -foot Senior Apartments, Assisted Living and Memory Care Community containing 330 units, offices, day spa, health club, medical clinic, theater, chapel, library, art studio, and eating areas in the city of Temecula. The Department of Environmental Health (DEH) offers the following comments: WATER AND WASTEWATER A general condition shall be placed on this project indicating that it will be serviced by Rancho California Water District (RCWD) for water and Eastern Municipal Water District (EMWD) for sanitary sewer service. As the sewer agency, EMWD shall have the responsibility of determining any grease interceptor or other requirements, including but not limited to sizing capacity and other structural specifications. Please note that it is the responsibility of the proposed facility to ensure that all requirements to receive potable water service and sanitary sewer service are met with the appropriate purveyors, as well as, all other applicable agencies. Note: A General Condition shall be placed on this project indicating that any existing wells and/or existing onsite wastewater treatment systems (OWTS) shall be properly removed and/or abandoned under permit with the Department of Environmental Health (DEH). Office Locations • Blythe • Corona • Hemet • Indio • Murrieta • Palm Springs • Riverside Phone (888)722-4234 www.rivcoeh.org ENVIRONMENTAL CLEANUP PROGRAM (ECP) Based on the information provided in the environmental assessment document submitted for this project and a site visit conducted by Riverside County Department of Environmental Health - Environmental Cleanup Programs (RCDEH-ECP) staff and with the provision that the information was accurate and representative of site conditions, RCDEH-ECP concludes no further environmental assessment is required for this project. If contamination or the presence of a naturally occurring hazardous material is discovered at the site, assessment, investigation, and/or cleanup may be required. Contact RCDEH-ECP at (951) 955-8980, for further information. HAZARDOUS MATERIALS MANAGEMENT BRANCH (HMMB) Prior to conducting a Building Final, the facility shall require a business emergency plan for the storage of any hazardous materials, greater than 55 gallons, 200 cubic feet or 500 pounds, or any acutely hazardous materials or extremely hazardous substances. If further review of the site indicates additional environmental health issues, HMMB reserves the right to regulate the business in accordance with applicable County Ordinances. Please contact HMMB at (951) 358- 5055 to obtain information regarding any additional requirements. DISTRICT ENVIRONMENTAL SERVICES — PUBLIC/SEMI-PUBLIC FOOD FACILITY Prior to issuance of a building permit, the applicant shall be required to contact DEH District Environmental Services to determine the appropriate food facility plan check and/or permitting requirements if any type of food facility is proposed. For further information, please call (951) 461-0284. County of Riverside, Department of Environmental Health District Environmental Services - Murrieta Office 38740 Sky Canyon Drive, Suite "A" Murrieta CA 92563 LOCAL ENFORCEMENT AGENCY (LEA) The applicant shall contact the County of Riverside, Local Enforcement Agency at (951) 955- 8980 for any plan check and/or permitting requirements. Please note that the Medical Waste Management Act (MWMA), Section 117705 of the California Health and Safety Code, considers any person whose act or process produces medical waste to be a "medical waste generator" in California (e.g., a facility or business that generates, and/or stores medical waste onsite). Medical waste generators may be either large quantity (LQG = > 200 lbs / month), or small quantity generators (SQG = < 200 lbs / month). Medical waste generators shall register with the LEA. OFFICE OF INDUSTRIAL HYGIENE (IH) Noise Consultant: Michael Baker International Noise Study: "Generations Project — Noise Technical Memorandum," July 22, 2016 Based on the County of Riverside, Industrial Hygiene Program's review of the aforementioned Noise Study, PA15-1885 shall comply with recommendations set forth under the Industrial Hygiene's Program's response letter dated September 20, 2016 c/o Steven Uhlman. For further information, please contact Industrial Hygiene Program at (951)955-8980. Should you have any further questions or require further assistance, please contact me by email at kakim( r„ cocha.org or by phone at (951) 955-8980. Sincerely, Kristine RE Environmental Protection and Oversight Division Land Use and Water Resources Program SR35316 Board of Directors Vice President David J. Slawson Directors Joseph J. Kuebler, CPA Philip E. Paule Ronald W. Sullivan General Manager Paul D. Jones Il, P.E. Treasurer Joseph J. Kuebler, CPA Chairman of the Board, The Metropolitan Water District of So. Calif. Randy A. Record Legal Counsel Lemieux & O'Neill 41:!!!!!!!!!!!!!!!!:I0WATER DISTRIC SINCE 1950 December 24, 2015 City of Temecula Planning Department 41000 Main Street Temecula, CA 92590 Attention: Scott Cooper Subject: Generations Retirement Village — DP; PA 15-1885 APN: 955-020-006 Location: 31950 Pauba Road The subject project requires sewer service from EMWD. The details of said service connection points will be further detailed in a separate document, known as EMWD's Plan of Service (POS), to be developed by the project proponent and approved by EMWD. The POS evaluation will identify the potential requirement to construct new facilities, such as on-site and offsite sewer pipelines, facilities relocation related to conflicts with proposed improvements, (such as street realignments, street vacations, proposed medians and additional soil import), as well as associated easements and/or Right -of - Way Permits to adequately serve the project demands. The subject project is an active project with EMWD's New Business Department, with sewer service Work Order Numbers 15431 and 15432 and Project Record Number WS2015-318. To date, a final POS has not been completed to identify on-site and offsite facilities required to serve this project. If you have questions or concerns, please do not hesitate to contact me. Sincerely; Maroun El -Plage, M.S., P.E. Senior Civil Engineer New Business Development (951) 928-3777 x4468 EI-hiaem jr.emwd.oin ME:emn Attachment Mailing Address: Post Office Box 8300 Perris, CA 92572-8300 Telephone: (951) 928-3777 Fax: (951) 928-6177 Location: 2270 Trumble Road Perris, CA 92570 Internet: www.emwd.org RIVERSIDE COUNTY ir PLANNING DEPARTMENT Steven Weiss Planning Director August 24, 2016 Pages 2 (including this cover) City of Temecula Planning Department Attention: Scott Cooper (scott.cooperc cityofemecula.org) RE: GE002510 Conditions of Approval Generations @ Linfield Development Plan City of Temecula Case No. PA15-1885 County Geologic Report GEO No. 2510, submitted for the project PM36098 (APN 955-020-006), City of Temecula Case No. PA15-1885, was prepared by Alta California Geotechnical, Inc. The report is titled; "Geotechnical Investigation, Linfield Property, City of Temecula, California," dated June 15, 2015. In addition, the following document was submitted for the project: "Conceptual Grading Plan, Linfield Village, City of Temecula, CA", 2 sheets, Job No. 14.1494.1, undated, by KWC Engineers. These documents are hereby incorporated as a part of GEO No. 2510. GEO No. 2510 concluded: Active faults are not known to exist within the project and a review of Special Publication 42 indicates the site is not within the California State designated Alquist- Priolo earthquake fault zones. Accordingly, the potential for fault surface rupture on the subject site is very low. 2. Based on the groundwater depth, the dense nature of the Pauba Formation and the remedial grading requirements, it is Alta's opinion that, upon the completion of grading, the Linfield site will have a very low potential for liquefaction. 3. Upon completion of the recommended remedial grading, the potential for dry sand settlement to occur onsite will be considered low. 4. Due to lack of existing landslides, weak -strength bedrock claystones and proposed high slopes or existing high slopes within or nearby the property, seismically induced landsliding is not anticipated to pose a danger to the site. 5. Groundwater is not considered a constraint for the proposed development. Riverside Office • 4080 Lemon Street, 12th Floor P 0. Box 1409, Riverside, California 92502-1409 (951) 955-3200 Fax (951) 955-1811 Desert Office • 77588 El Duna Court Palm Desert, California 92211 (760) 863-8277 • Fax (760) 863-7555 GEO No. 2510 recommended: 1 Vegetation, construction debris, and other deleterious materials are unsuitable as structural fill material and should be disposed of off-site prior to commencing grading/construction, 2. All uncompacted artificial fill should be completely removed and recompacted to project specifications prior to the placement of engineered fill. 3. All onsite alluvium and topsoil are unsuitable for the support of the proposed engineered fills and/or structures and should be completely removed and recompacted to project specifications prior to fill placement. 4. Six- and eight -inch canyon subdrains should be constructed in canyon drainages in accordance with the recommendations of this report. 5. Additional over -excavation may be recommended if expansive soils are encountered near final pad grade. GEO No. 2510 satisfies the requirement for a geologic/geotechnical study for Planning/CEQA purposes. GEO No. 2510 is hereby accepted for planning purposes. Engineering and other Building Code parameters were not included as a part of this review or approval. This approval is not intended and should not be misconstrued as approval for grading permit. Engineering and other building code parameters should be reviewed and additional comments and/or conditions may be imposed by the City of Temecula upon application for grading and/or building permits. Thank you for the opportunity to review this case for the City of Temecula. Please call me at (951) 955-6187 if you have any questions. Sincerely, RIVERSIDE COUNTY PLANNING DEPARTMENT Steven Weiss, Planning Director Daniel P. Walsh, CEG No. 2413 Associate Engineering Geologist, TLMA-Planning Cc: Alta California Geotechnical, Inc., Attn: Dave Murphy (d ave. m urnhy(ga ltageatech. com) Generations Construction, LLC., Attn: Aaron Walker (awalker(d)generationsllc.con ) B:1Geology\Temecula Reviews1GE02510 Approval for PA15-1885.docx L),' wys(I IS}c, SI. IIIUHaii N-511)4 I;I\Ilur t. Board of Directors John E. Hoagland President Stephen J. Corona Ben R. Drake Lisa D. Herman Danny J. Martin William E. Plummer Bill J. Wilson Officers Jeffrey D. Armstrong General Manager Richard R. Aragon, CPFO Director of Finance/Treasurer Jason A. Martin Director of Administration Rich Ottolini, R.E.H.S., MSL Interim Director of Operations Sc Maintenance Andrew L. Webster, P.E. Chief Engineer Kelli E. Garcia District Secretary James B. Gilpin Best Best & Krieger LLP General Counsel December 31, 2015 Scott Cooper City of Temecula 41000 Main Street Temecula, CA 92590 SUBJECT: WATER AVAILABILITY PA15-1885; RANCHO VISTA ROAD PARCEL 'C' OF LIA NO. PA -02-0246 APN 955-020-006 [AARON WALKER] Dear Mr. Cooper: Please be advised that the above -referenced project/property is located within the service boundaries of Rancho California Water District (RCWD/District). The subject project/property fronts an existing 12 -inch diameter water pipeline (1380 Pressure Zone) within Rancho Vista Road, which may not provide adequate water pressure and capacity to the project. The nearest water facility from the 1485 Pressure Zone is a 12 -inch main within Rancho Vista Road, approximately 100 feet northeast of the northern property corner. Please refer to the enclosed exhibit map. Water service to the subject project/property does not exist. Additions or modifications to water service arrangements are subject to the Rules and Regulations (governing) Water System Facilities and Service, as well as the completion of financial arrangements between RCWD and the property owner. Water service to individual lots will require the extension of water facilities within dedicated public and/or private right-of-ways. Individual water meters will be required for each lot and/or project unit, including separate water services/meters for domestic service, fire service, and landscape irrigation service, as applicable. Water availability is contingent upon the property owner(s) destroying all on- site wells and signing an Agency Agreement that assigns water management rights, if any, to RCWD. In addition, water availability is subject to water supply shortage contingency measures in effect (pursuant to RCWD's Water Shortage Contingency Plan or other applicable ordinances and policy), and/or the adoption of a required Water Supply Assessment for the development, as determined by the Lead Agency. 151PD:hab0151F4501F'EG Rancho California Water District 42115 Winrhexler Rood • Post Office Ito.x 9017 •Temecula. Caliresca 92589-0017 • (951) 299-791111 •f:AX )751 1 296-68611 Set) li Cooper/City of Temecula December 31, 2015 Page Two In accordance with Resolution 2007-10-5, the project/property will be required to use recycled water for all landscape irrigation, which should be noted as a condition for any subsequent development plans. Recycled water service, therefore, would be available upon construction of any required on-site and/or off-site recycled water facilities and the completion of financial arrangements between RCWD and the property owner. Requirements for the use of recycled water are available from RCWD. As soon as feasible, and prior to the preparation of California Environmental Quality Act (CEQA) documents, the project proponent should contact RCWD for a determination of existing water system capability, based upon project -specific demands and/or fire flow requirements, as well as a determination of proposed water facilities configuration. If new facilities are required for service, fire protection, or other purposes, the project proponent should contact RCWD for an assessment of project -specific fees and requirements. As a result of anticipated low water service pressure to the subject project/property, property owner(s) may be required to sign an acknowledgement of low water service pressure when service arrangements are made or modified. Sewer service to the subject project/property, if available, would be provided by Eastern Municipal Water District. If no sewer service is currently available to the subject project/property, all proposed waste discharge systems must comply with the State Water Resources Control Board, health department, and/or other requirements as they relate to the protection of groundwater quality, pursuant to RCWD's Groundwater Protection Policy. If you should have any questions or need additional information, please contact an Engineering Services Representative at the District office al (951) 296-6900. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Phillip Dauben Associate Engineer Enclosure: Exhibit Map cc. Corey Wallace, Engineering Manager-CIP & Development Phillip Dauben, Associate Engineer Heath McMahon, Construction Contracts Manager Corry Smith, Engineering Services Supervisor Aaron Walker, Generations, LLC 15\PD: hab015\F450W EG l2195115n heater Road Rancho California %Vater District (lice Box 9f117 Pe ec•UfA C itilorma f2550 -9u17 ; i9;, i 296.6900 FAX (95:1 256 R86U w�•, s�• ca nc6uu^ilei cum Exhibit Map Legend + Hydrant POTABLE Parcels PC RESOLUTION NO. 17-15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL APPROVE A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A MITIGATED NEGATIVE DECLARATION, AND MITIGATION MONITORING PROGRAM FOR A DEVELOPMENT PLAN APPLICATION FOR THE CONSTRUCTION OF A 493,044 SQUARE -FOOT INDEPENDENT LIVING, ASSISTED LIVING, AND MEMORY CARE COMMUNITY CONTAINING 317 UNITS AND A PLANNED DEVELOPMENT OVERLAY AMENDMENT TO THE LINFIELD CHRISTIAN SCHOOL PLANNED DEVELOPMENT OVERLAY (PDO -7) GENERALLY LOCATED ON THE SOUTH SIDE OF RANCHO VISTA ROAD, APPROXIMATELY 2,500 FEET EAST OF MARGARITA ROAD" (APNS 955-020-019, 955-020-018, 955-020-012, 955-020-017) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On December 21, 2015, Aaron Walker filed Planning Application Nos. PA15-1885, Development Plan Application, and PA15-1886 a Planned Development Overlay Amendment in a manner in accord with the City of Temecula General Plan and Development Code. B. On June 21, 2017, the Planning Commission recommended approval of Planning Application Nos. PA15-1885, Development Plan Application, and PA15-1886 a Planned Development Overlay Amendment (collectively referred to as the "Project"). C. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. D. The Planning Commission, at a regular meeting, considered the Applications and environmental review on June 21, 2017, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. E. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission recommended approval of Planning Application Nos. PA15-1885, Development Plan Application, and PA15-1886 a Planned Development Overlay Amendment with a Mitigated Negative Declaration and Mitigation Monitoring Program subject to and based upon the findings set forth hereunder. F. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of Planning Application Nos PA15-1885, Development Plan Application, and PA15-1886 a Planned Development Overlay Amendment A. Pursuant to California Environmental Quality Act (CEQA), City staff prepared an Initial Study of the potential environmental effects of the approval of the Development Plan and associated applications, as described in the Initial Study ("the Project"). Based upon the findings contained in that study, City staff determined that there was no substantial evidence that the Project could have a significant effect on the environment and a Mitigated Negative Declaration was prepared. B. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration as required by law. The public comment period commenced on September 23, 2016, and expired on October 24, 2016. Copies of the documents have been available for public review and inspection at the offices of the Department of Community Development, located at City Hall, 41000 Main Street, Temecula, California 92590; the Ronald H. Roberts Public Library located at 30600 Pauba Road; Temecula Grace Meliman Community Library located at 41000 County Center Drive; and the City of Temecula website. C. Five written comments were received prior to the public hearing and a response to all the comments made therein was prepared, submitted to the Planning Commission and incorporated into the administrative record of the proceedings. D. The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration prior to and at the June 21, 2017 public hearing, and based on the whole record before it finds that: (1) the Mitigated Negative Declaration was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment; and (3) the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. E. Based on the findings set forth in the Resolution, the Planning Commission hereby recommends that City Council adopt the Mitigated Negative Declaration and the Mitigation Monitoring Program attached hereto as Exhibit "A" and incorporated herein by this reference. Section 3. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 21st day of June, 2017. John Telesio, Chairman ATTEST: Luk4TL so Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 17-15 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 21st day of June, 2017, by the following vote: AYES: 3 PLANNING COMMISSIONERS: GUERRIERO, WATTS, YOUMANS NOES: 0 PLANNING COMMISSIONERS NONE ABSENT: 1 PLANNING COMMISSIONERS TURLEY-TREJO ABSTAIN: 1 PLANNING COMMISSIONERS TELESIO Luke Watson Secretary EXHIBIT A MITIGATION MONITORING AND REPORTING PROGRAM PROJECT NAME: PROJECT MANAGER: Scott Cooper, Associate Plainer, City of Temecula Linfield Village Senior Housing Development Project MITIGATION MONITORING AND REPORTING PROGRAM Linfield Village Senior Housing Development Protect PROJECT DESCRIPTION: The Linfield Village Senior Housing Development Project consists of al actions related to Oa design aid construction of an approximately 490,048 SF independent liv'ng, assisted Irving, and memory care community named "Linfield Village' on an existing disturbed 15.56 -acre vaxnr tot. PROJECT LOCATION: The proposed Project is generally located in the City of Temecula located at the Linfield Christian School on Rancho Vista Road approximately 2,500 feet east of Margarita Road at APN 955-020-006. INTRODUCTION: This document is the Mitgation Momtaing and Reporting Program [MMRP] for the !Afield Village Senior Housing Pra)ecr. An MMRP is required forte proposed Project bemuse the ISIMND has identified srgnifant adverse impact, and measures have been identified to (mitigate Mose impact.. This MMRP has been prepared pursuant to Section 21081.6 of the Ca6fcmia Pubic Resources Code, which requires public agenaes t'adopt a reporting and monitoring program for the changes made to the project or conditions of projecr approval, adopted m order to mitigate or avoid significant effects on the environment' As the lead agency.. Me Ciry of Temecula wit be responsible for monitoring compliance with all mi igation measures.. 0iiferentCity departments are respc isible for various aspects of Lie Project_ The MMRP identifies Me department with the responsibility for ensuring the measure is completed: however. it is expected that one or more depanments w7 coordinate offers to ensure complanCe. The MMRP is presented in tabular form on the following pages. The components of the MMRP are desaibed briefly below. • Source and Mitigation Measure: The mitigation measures are taken from the Initial Study/Mitigated Negative Declaration (ISIMND), in the same order they appear in the IS/MND. • Timing: Identifies at which stage of the Project the mitigation must be completed. • Monitoring Responsibiity: Identifies the department in the City with responsibility for mitigation monitoring. • Date Completed and Signature: Provides a contact who reviewed the mitigation measure and the date the measure was determined complete. M y 2D17 SOURCE Section 31, Impact 3.3 (b), (c), and (d). Mitigation Monitoring and Reporting Program Matrix City of Temecula Linfield Village Senior Housing Development Project MITIGATION MEASURE Ar Quality Mitigation Measure (AQ -1) Prior to issuance of any Grading Permiit, the City Engineer shalt confirm that the Grad Plan and project specifications stipulate that in ccomptiarce with SC„AO 3 Rule 403, excessive fugitive dust emissions shag be controlled by regular watering or otter dust prevention measures, as specified b the SCAQMD's Rules and Regulations. In addraon, SCAQMD Rule 402 requires implementation of dust suppression tecltnigues to prevent fuaitve dust from creating a nuisance off-site. Implementation of the folowng measures would reduce short-term fugitive dust impacts on nearby sensitive receptors: • Pave or apply water every three hours during daily construction activities or apply non-toxic sal stabilizers on all unpaved access roads, parking areas, and staging areas. More frequent watering shall occur if dust is observed migrating from the site during site disturbance; • Any ori -site stockpiles of debris, dirt, or other dusty material shal be enclosed, covered, or watered twice daily, or non-toxic soil binders shat be applied; • Alt grading and excavation operations shall be suspended when wind speeds exceed 25 miles per hour, • disturbed areas shall be replaced with ground cover or paved rmmediareiy after construction es completed in the affected area; • Track rt devices such as g mei bed track -out aprons (3 aches deep, 25 feet long, 12 feet wide per lace and edged by rock beim our tow of stakes) shati he krslalbd to reduce mudfdut track -wt from unpaved truck exit routes. Alternatively, a wheel washer shal be used at (ruck exit routes; • On-site vehicle speed shal be lmited to 15 miles per hour; • AM material transported off-site shal be either sufficiently watered or sorrel CO: -.8; Eto prevent excessive amounts of dust prior to departing Me lob site: and • Trucks associated with soil-hauing activities shat avoid residential streets and utilize City -designated truck routes to the extent feasible. TIMING Prior to Grading Permit Issuance MONITORING City of Temecula Public Works Deparbnent DATE COMPLETED SIGNATURE 21Page SOURCE MITIGATION MEASURE TIMING MONITORING DATE COMPLETED SIGNATURE Se:ton 3.4. Impact 3.4 (a) and 3.4 .10,), Section 3 n 3.10, 'macaw (c) Biological Resources Mitigation Measure (BIO -1) Caufruct ort oxyr outside of tae avian breed season January 1 — August 30). It construction must oc dung the avian breeding � J season, a qualified biologist shall conduct a precunsvucaon nesting bat clearance survey in al work areas and al areas within 500 feet of the general p7nstrucbon zone. This shall on= no more Than one week prior to Construction, Ace nests shall ba given art avoidance buffer, typically 300 feet for iron -fisted, non -raptor species, and 500 feet for listed and raptor species. This buffer shall remain in place until the young fledge or the nest otherwise becomes inactive, and may be reduced with approval from with US Fish and Wildlife Service andlor California Department of Fish and Wildlife. Prior to initiation of construction activities City of Temecula Community Devebpment /Public Warks Departments Section 3.4, Impact 3.4 (a) and 3.4 (f), and Section 3.10, Impact 3.10 (c) Biological Resources Mitigation Measure (8IO-2) If nesting birds are present. a 300.500 foot buffer (raptors and birds of prey require a 500 foo[ buffer, other birds require a 300 foot buffer) Vaal! be set up arm the active nest. The buffer is a no mark one and construction activities may not resume until the nest is no longer active (ace. avian specs are no longer showing nestlag behavior. young have hedged). To Belem ma when nesting behaviors are finished, a qualified biologist shall monitor the nestwee'Jy until the young have fledged the area and the nest is no longer active. Prior to initiation of construction activities City of Temecula Community Development /Public Works Departments Section 3.4, Impact3.4 (a) and 3.4 (f), and Section 3.10, impact 3.10(c) Biological Resources Mitigation Measure (BIO -3) No more than 30 days prior to any ground -disturbing construction activities on the Project site, a qualified biologist shall conduct a precanstruction dearance surveyforburrawingowfsandptasentfhewrittenresuhsofthesurveytotheCity. The survey shall be completed themes of suitable habitaton and within 250 feet of the Project site. Within 30 days prior to any ground -disturbing censbuchon activities City of Temecula Community Development Departrnent Section 3.4. impact 3.4 (b) and 3,4 (c). and Section 3,9, Impact 3.9 (d) Biological Resources Mitigation Measure (BI0.4) Prior to issuance of a graderg permit. the Project Appficant shall gain approval of a Clean Water Act Section404 permit from the Army Corps of Engbeers. a Clean Water Act Section 401 Water Oualty Certification from the San Diego Regional Oually Control Hoard, and a Section 1602 StrearnbedAIteration Agreement frorn the Caltrfomia Department of Fish and Mile for Project impacts to 0.2 acre el USAC0E!RWGCB jurisdictonal waters and 0.19 acre of impacts to CDicW associated riparian habitat resulting with expansion of Rancho Vista Road. Prior to Grading Permit Issuance City of Temecula Public Works Department Section 3.4, Impact 3.4 (b) and 3.4 (c). and Simon 3,9 Impact3.9 (d) Biological Resources Mitigation Measure (BIO -5) prior b issuance of a grading permit, and separate from anyIssuance permitting requirements of the affected wildfde agenoes, are Pro ectApplicant shall prepare a Determination of Biologically Equivalent or Superior Prese,-vatrcm (DBESP) analysis, pursuant to the requirements of Section 6.1._2 of the under the Western Riverside County Multiple Species Habitat Conservation Plan (MS.'HCP). The DBESP shall be subrmted to and approved by the appropriate Wildlife Agencies prior to any Project -elated ground -disturbing activriies. Prior to Grading Permit City of Temecula Community Development f Public Works Departments SOURCE MITIGATION MEASURE TIMING MONITORING DATE COMPLETED SIGNATURE Section 3.5, Impact 35(b) Cultural Resources Mitigation Measure (CUL -1) An archaeological monitor shall be present during any earthmoving activities associated with the Project The rncn1r shah work under Me direct supervision of a Cultural resource professional who meets Me Secretary of Interiors Professional Qualification Standards for archaeology. In the event an archaeological resource is uncovered, the monitor shall be empowered to temporarily halt or redirect construction for work in the vicinity of any find until the Project archaeologist can evaluate iL In the event of a relevant find, salvage excavation and reporting will be required. Grading or further ground disturbance shall not resume within the area of the discovery until an agreement has been reached by the developer, the archaeologist, and the Planning Director. Any recovered archaeological resources shall be processed and curated according to current professional repository standards as appropriate. The collections and associated records shat be donated to an appropriate creation favi y, et, the artifacts may be delivered to the appropriate Nature American Tribe(s) if that is recommended by the City. A final report containing the significance and treatment findings shall be prepared by the archaeologist and submitted to the City, if required. During Earthmoving Activities City of Temecula CommunityDevelopment Department Section 3.5, Impact 3S (c) Cultural Resources Mitigation Measure (CUL -2) A paleontological monitor shall be present during any earthmoving activities associated with the Project The monitor shall work under the direct supervision of a paleontological resource professional who meets the minimum qualifications for a vertebrate paleontologist as descnbed in the Standard Procedures for the Assessment and Mitigation of Adverse Impacts to Paleontological Resources by the Society of Vertebrate Paleontology (2010). In the event a paleontological resource is uncovered, the monitor shall he empowered to temporarily halt or redirect construction for work in the vicinity of any find until the Project paleontologist can evaluate it In the event of a relevant find, salvage excavation and reporting will be required. Grading or further ground disturbance shall not resume within the area of the discovery until an agreement has been reached by the developer, the paleontologist, and the Planning Director. Any recovered paleontological resources shall be processed and curated according to current professional repository standards as appropriate. The collections and associated records shall be donated to an appropr alo coition facility, or, the aro-tors may be deliverer! to the appropriate Native American Tnbelsj if that is recommended by the City. A final report containing the significance and treatment findings shall be prepared by the paleontologist and submitted to the City, if required. During Earthrnoving Activities City of Temecula Community Development (Public Works Departments Section 3.5, Impact 35 (d) Cultural Resources Mitigation Measure (CUL -3) Consistent with State CEQA Guidelines, Section 15064.5, Subdivision (e), in the event of an accidental discovery or recognition of any human remains, the County Coroner shat be notified and construction activities at the affected work site shall be hatted.11 the remains are found to be Naha American. floc Native American elentage Commission (NAHC) shall be rwtfled within 24 hours by the County Coroner. The NAHC must immediatelyy notify the Most Likely Descendent(s) under Public Resources Code §509758 and the descendants must make During Project Construction City of Temecula Community Development /Public Works Departments 4;Page SOURCE Section 3.6, Impact 3.6 (b) and Section 3.9, Impact 3,9 (a) Seaton 3.8. Impact 3.8 (d) Section 3.8, Impact 3.8 (d) MITIGATION MEASURE recommendations or reelereere for treatment within 48 hours of being granted accets ID the site. Guidelines of the NAHC shaft be adhered to in the treatment and disposition of the remains in art crdance with the provisions of Health and 5a`ety Cade §7050.5 and Public Resources Code §5097.9.8. Geology and Soils Mitigation Measure {GEO.1) In aocordar:ce with the Natonal Pollutant Discharge Elimination System requirements, the Project Applicant would prepare a Stonererater Pollution Presreneon Plan tSWPPP) for approval by the City prior to grading activities. The SWPPP wil 'Riede relevant Best Managernenl Practices (BWs) in order to minimize soli erosion and water quality impacts during Project construction. TIMING During Project Construction MONITORING City otTernecula Public Works Department DATE COMPLETED SIGNATURE i Hazards and Hazardous Materials Mitigation Measure (HAZ•1) The Project Applicant shall retain the services of a Registered Professional Engineer or Geologist, with experience in remedial investigation, available for cnnsaltation during sod excavation and grading activities. The Registered Professional Ergireer or Geotogisl shall be given tial arthorily to oversee any earthmoving nineties b determine ri disturbed soils are contaminated. During Project Construction City of Temecula Community Development 1 Public Works Departments Hazards and Hazardous Materials Mttlgation Measure (HAZ-2) Ifpotentialy contaminated soil is unearthed during site disturbance actinibes, the Registered Professional Engineer or Geologist shall inspect the identified area and determine the need for sampling to confine the nature and extent of contamination. Depending en the nature and extent of contamination, the Registered Prefessianei Ergineer or Geologist shaft have the authority to temporarily suspend construction activity at that location for the pratecbm of workers or the public. It the Registered Professional Engineer or Geofogisl d e urines that signi ant remediation is necessary. the Project Applicant shall contact representatives of the San Diego Regional Water Quality Control Board, Department of Toxic Substances Cdntrdl, and otter loci agencies. rl applicable, for guidance and possible oversight The applicant will be required to implement all requirements identified by San Diego Regional Water Qualify Control Board and Department of Toxic Substances Corrbol. During Construction Project City of Temecula Pubic Works Department Section 3.12, Impact 3.12 (a), 3.12 (c), and 3.12 (d) Noise Mitigation Measure (NO1.1) Prior to Grading Permit issuance, the Applicant shall demonstrate, to the sf uisfaceon of the Director of Community Development that the Project complies win the following: • Coeshucrion ccotracts specify that all cnnsptrcbon equipment. fixed or mobile, shag be equipped with properly operating and maintained molders and other state required noise attenuation devices. • Property owners and occupant located within 200 feel of the Project boundary shall be sent notice, al least 15 days prior to commencement of construction of each phase, regarding the construction schedule of the proposed Project. A sign, legible ata distance of 50 feet shall also be Prior to Grading Permit Issuance City of Temecula Community Development Department SOURCE MITIGATION MEASURE TIMING MONITORING DATE COMPLETED SIGNATURE posted at the Project construction site. AI notices and signs shah be reviewed and approved by the City of Temecula Planning Department prior to mailing or posting and shall indicate Me dates and duration of construction activities, as well as pravide a contact name nil a telephone number where residents can inquire about the construction process and register empire -1 • Construction haul routes shall be designed to avoid noise sensitive uses (e.g., residences, convalescent homes, etc.), to the extent feasible. * During construction, stationary construction equipment shall be placed such that emitted noise is directed away from sensitive noise receivers. • Construction activities shall not take place outside of the allowable hours specified by the Cdy's Municipal Code Section 9.211060(D) (7:00 a.m. and 6:30 p.m. Monday 0wough Saturday; cvns;ntcdon activities are not permitted on Sundays or national holidays). Construction haul routes shal be designed to avoid noise sensitive uses (e.g., residences, convalescent homes, schools, churches, etc.), to the extent feasible. • During construction, stationary consbucLion equipment shall be placed such that emitted noise is directed away from sensitive nese receptors. Wage CITY COUNCIL RESOLUTION MITIGATED NEGATIVE DECLARATION RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A MITIGATED NEGATIVE DECLARATION, AND MITIGATION MONITORING PROGRAM FOR A PLANNED DEVELOPMENT OVERLAY AMENDMENT TO THE LINFIELD CHRISTIAN SCHOOL PLANNED DEVELOPMENT OVERLAY (PDO -7) AND A DEVELOPMENT PLAN APPLICATION FOR THE CONSTRUCTION OF AN APPROXIMATELY 493,044 SQUARE -FOOT INDEPENDENT LIVING, ASSISTED LIVING, AND MEMORY CARE COMMUNITY CONTAINING 317 UNITS GENERALLY LOCATED ON THE SOUTH SIDE OF RANCHO VISTA ROAD, APPROXIMATELY 2,500 FEET EAST OF MARGARITA ROAD (APNS 955-020-019, 955- 020-018, 955-020-012, 955-020-017) 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. On December 21, 2015, Aaron Walker filed Planning Application Nos. PA15-1886, a Planned Development Overlay Amendment and PA15-1885 a Development Plan Application in a manner in accord with the City of Temecula General Plan and Development Code. B. On June 21, 2017, the Planning Commission recommended approval of Planning Application Nos. PA15-1886, a Planned Development Overlay Amendment, and PA15-1885 a Development Plan Application (collectively referred to as the "Project"). C. The Project was processed including, but not limited to all public notices, in the time and manner prescribed by State and local law, including the California Environmental Quality Act, Public Resources Code 21000, et seq. and the California Environmental Quality Act Guidelines, 14. Cal. Code Regs 15000 et seq. (collectively referred to as "CEQA"). D. Pursuant to CEQA, the City is the lead agency for the Project because it is the public agency with the authority and principal responsibility for approving the Project. E. On June 21, 2017, at a duly noticed public hearing as prescribed by law, the Planning Commission considered the Project and any comments received prior to or at the public hearing on June 21, 2017, 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 Project and the Mitigated Negative Declaration. F. The Planning Commission reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration prior to and at the June 21, 2017 public hearing, and based on the whole record before it found that: (1) the Mitigated Negative Declaration was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment; and (3) the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. G. On August 8, 2017, the City Council considered the Project and the Mitigated Negative Declaration at a duly noticed public hearing at which time the City staff presented its report, and all interested persons had an opportunity to and did testify either in support or in opposition to the Project and the Mitigated Negative Declaration. H. The City Council reviewed the Mitigated Negative Declaration and considered all testimony and comments received regarding the Project and the Mitigated Negative Declaration prior to and at the August 8, 2017 public hearing, and based on substantial evidence in the whole record before it finds that: (1) The Mitigated Negative Declaration was prepared in compliance with CEQA; (2) There is no substantial evidence that the Project will have a significant effect on the environment; and (3) The Mitigated Negative Declaration reflects the independent judgment and analysis of the City Council. Section 2. Based on the findings set forth in the Resolution, the City Council hereby adopts the Mitigated Negative Declaration and the Mitigation Monitoring Program attached hereto as Exhibit "A" and incorporated herein by this reference. The mitigation measures included in the Mitigation Monitoring Program will be imposed as enforceable conditions of approval of the Project. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 8th day August of, 2017. ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) Maryann Edwards, Mayor I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 17- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 8th day of August, 2017, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Randi Johl, City Clerk EXHIBIT A MITIGATION MONITORING AND REPORTING PROGRAM Linfield Village Senior Housing Development Project MITIGATION MONITORING AND REPORTING PROGRAM PROJECT NAME: Llnfleld Village Senior Housing Development Project PROJECT MANAGER: Scott Cooper, Associate Planner, City of Temecula PROJECT DESCRIPTION: The Linfield Village Senior Housing Development Project consists of all actions related to the design and construction of an approximately 490,048 SF independent living, assisted living, and memory care community named "Linfield Village" on an existing disturbed 15.58 -acre vacant lot. PROJECT LOCATION: The proposed Project is generally located in the City of Temecula located at the Linfield Christian School on Rancho Vista Road approximately 2,500 feet east of Margarita Road at APN 955-020-006, INTRODUCTION: This document is the Mitgation Monitoring and Reporting Program (MMRP) for the Linfield Village Senior dousing Project. An MMRP is required tor the proposed Prolecx because the ISJMND has Identified significant adverse Impacts, and measures have been identified to mitigate those impacts. This MMRP has been prepared pursuant to Section 21081.6 of the California Pubic Resources Code, which requires public agencies to `adopt a reporting and monitoring program for the changes made to the project or Conditions of project approval, adopted in order to mitigete or avoid significant affects on the environment," As the lead agency, the City of Temecula will be responsible for monitoring compliance with all mitigation measures. Different City departments are responsible for various aspects of the Project. The MMRP identifies the department with the responsibility for ensuring the measure Is completed; however, It Is expected that one or more departments wtp coordinate efforts to ensure compliance. The MMRP is presented In tabular form on the following pages. The components of the MMRP are described briefly below, • Source and Mitigation Measure: The mitigation measures are taken from the Initial Study/Mitigated Negative Declaration (IS/MND), in the same order they appear In the IS/MND, • Timing: Identifies at which stage of the Project the mitlgatlon must be completed. • Monitoring Responsibility: Identifies the department in the City with responsibility for mitigation monitoring. • Date Completed and Signature: Provides a contact who reviewed the mitigation measure and the date the measure was determined complete. Mitigation Monitoring and Reporting Program Matrix City of Temecula Linfield Village Senior Housing Development Project SOURCE Section 3.3, Impact 3.3 (b), (c), and (d). 2IPage MITIGATION MEASURE Air Quality Mitigation Measure (AQ -1) Prior to issuance of any Grading Permit, the City Engineer shall confirm that the Grading Plan and project specifications stipulate that, in compliance with SCAQMD Rule 403, excessive fugitive dust emissions shall be controlled by regular watering or other dust prevention measures, as swirled in the SCACAID's Rules and Regulafions. In addition, SCAQMD Rcle 402 requires implementation of dust suppression techniques to prevent fugitive dust from creating a nuisance off-site. Implementation of the following measures would reduce short-term fugitive dust impacts on nearby sensitive receptors; • Pave or apply water every three hours during daily construction activities or apply non-toxic soil stabilizers on all unpaved axess roads, parking areas, and staging areas. More frequent watering snail occur If oust is observed migrating from the site during site disturbance; • Any on-site stockpiles of debris, dirt, or other dusty material shall be enclosed, covered, or watered twice daily, or non-toxic soil binders shall be applied; • All grading and excavation operations shall be suspended when wind speeds exceed 25 miles per hour; • Disturbed areas shall be replaced with ground cover or paved immediately alter construction is completed in the affeclad area; • Trackmautdevices such as gravel bed track -out aprons (3 inches deep, 25 feat long,12 feet wide per lane and edged by rock berm or row of stakes) shall be installed to reduce mudfdirt trade -out from unpaved truck exit routes. Alternatively, a wheel washer shall be used at truck exit routes; • On-site vehicle speed shall be limited to 15 miles per hour; • All material transported off-site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust prior to departing the Job site; and • Trucks associated with soil -hauling activities shall avoid residential streets and utilize City -designated truck routes to the extent feasible. TIMING Prior to Grading Permit Issuance MONITORING City of Temecula Public Works Department DATE COMPLETED SIGNATURE SOURCE MITIGATION MEASURE TIMING MONITORING DATE COMPLETED SIGNATURE Section 3.4, Impact 3.4 (a) and 3.4 (f) and Section 3.10, Impact 3.10 (c) Biological Resources Mitigation Measure (BIO.1) Construction should occur outside of the avian breeding season (generally January 1 — August 30).If construction must occur duan the avian breeding ry g 9 9 season, a qualified biologist shall conduct a preconstruction nesting bird clearance survey in all work areas and all areas within 500 feet of the general construction zone. This shall occur no more than one week poor to construction. Active nests shall be given an avoidance buffer, typically 300 feet for non-listed, non-raptor species, and 500 feet for listed and raptor species. This buffer shall remain in place until the young fledge or the nest otherwise becomes inactive, and may be reduced with approval from with US Fish and Wildlife Service and/or Califomia Department of Fish and Wildlife. Prior to initiation of construction activities City of Temecula Community Development /Public Works Departments Section 3.4, Impact 3.4 (a) and 3.4 (f), and Section 3.10, Impact 3.10 (c) Biological Resources Mitigation Measure (BIO.2) If nesting birds are present, a 300-500 foot buffer (raptors and birds of prey require a 500 foot buffer; other birds require a 300 foot buffer)shall be set up q around the active nest. The buffer is a no-work zone and construction activities may not resume until the nest is no longer active (Le. avlan species are no longer showing nesting behavior, young have fledged). To determine when nesting behaviors are finished, a qualified biologist shall monitor the nest weekly until the young have fledged the area and the nest is no longer active. Prior to initiation of construction activities City of Temecula Community Development /Public Works Departments Section 3.4, Impact 3.4 (a) and 3.4 (f), and Section 3.10, Impact 3.10 (c) Biological Resources Mitigation Measure (B10.3) No more than 30 days prior to any ground-disturbing construction activities on the Project site, a qualified biologist shall conduct a preconstruction clearance survey for burrowing owls and present the written results of the survey to the City. The survey shall be completed In areas of suitable habitat on and within 250 feet of the Protect site. Within 30 days prior to any ground-disturbing construction activities City of Temecula Community Development Department Section 3.4, Impact 3.4 (b) and 3.4 (c), and Section 3.9, Impact 3.9 (d) Biological Resources Mitigation Measure (BI0.4) Prior to issuance of a grading permit, the Project Applicant shall gain approval of a Clean Water Act Section 404 permit from the Army Corps of Engineers, a Clean Water Act Section 401 Water Quality Certification from the San Diego Regional Quality Control Board, and a Section 1602 Streambed Alteration Agreement from the California Department of Fish and Wildlife for Project impacts to 0.2 acre of USACOE/RWQCB jurisdictional waters and 0.19 acre of impacts to CDFW associated riparian habitat resulting with expansion of Rancho Vista Road. Prior to Grading Permit Issuance City of Temecula Public Works Department Section 3.4, Impact 3.4 (b) and 3.4 (c), and 3.9, Impact 3.9 (d) Biological Resources Mitigation Measure (BIO.5) Prior to issuance of a grading permit, and separate from any permitting requirements of the affected wildlife agencies, the Project °PPlcant shall prepare a Determination of Biologically Equivalent or Superior Preservation (DBESP) I analysis, pursuant to the requirements of Section 6.1.2 of the under the Westem Riverside County Multiple Species Habitat Conservation Plan (MSHCP). The DBESP shall be submitted to and approved by the appropriate Wildlife Agencies prior to any Project-related ground-disturbing activities. Pnor to Grading Permit Issuance City of Temecula Community Development / Public Works Departments 31Page SOURCE Section 3.5, Impact 3.5 (b) Section 3.5, Impact 3.5 (c) Section 3.5, Impact 3.5 (d) MITIGATION MEASURE Cultural Resources Mitigation Measure (CUL -1) An archaeological monitor shall be present during any earthmoving activities associated with the Project. The monitor shall work under the direct super•.s on of a Guttural resource professional who meets the Secretary of Interior's Professional Qualification Standards for archaeology. In the event an archaeological resource is uncovered, the monitor shall be empowered to temporarily halt or redirect construction for work in the vicinity of any find until the Project archaeologist can evaluate it. In the event of a relevant find, salvage excavation and reporting will be required. Grading or further ground disturbance shall not resume within the area of the discovery until an agreement has been reached by the developer, the archaeologist, and the Planning Director. Any recovered archaeological resources shall be processed and curated according to current professional repository standards as appropriate. The collections and associated records shall be donated to an appropriate duration facility, or, the artifacts may be delivered to the appropriate Native American Tribe(s) if that is recommended by the City. A final report containing the significance and treatment findings shall be prepared by the archaeologist and submitted to the City, If required. Cultural Resources Mitigation Measure (CUL -2) A paleontological monitor shall be present during any earthmoving activities associated with the Project. The monitor shall work under the direct supervision of a paleontological resource professional who meets the minimum qualifications for a vertebrate paleontologist as described in the Standard Procedures for the Assessment and Mitigation of Adverse Impacts to Paleontological Resources by Me Society of Vertebrate Paleontology (2010). In the event a paleontological resource is uncovered, the monitor shall be empowered to temporarily halt or redirect construction for work in the vicinity of any find until the Project paleontologist can evaluate it. In the event of a relevant find, salvage excavation and reporting will be required. Grading or further ground disturbance shall not resume within the area of the discovery until an agreement has been reached by the developer, the paleontologist, and the Planning Director. Any recovered paleontological resources shall be processed and curated according to current professional repository standards as appropriate, The collections and associated records shall be donated to an appropriate duration facility, or, the artifacts may be delivered to the appropriate Nab* American Tribe(s) if that is recommended by the City. A final report containing the significance and treatment findings shall be prepared by the paleontologist and submitted to the City, if required. Cultural Resources Mitigation Measure (CUL -3) Consistent with State CEQA Guidelines, Section 15064.5, Subdivision (e), in the event of an accidental discovery or recognition of any human remains, the County Coroner shall be notified and construction activities at the affected work site shall be halted. If the remains are found to be Native American, the Native American Heritage Commission (NAHC) shall be notified within 24 hours by the County Coroner. The NAHC must immediately notify the Most Likely Descendent(s) under Public Resources Code •5097.98 and the descendants must make TIMING During Earthmoving Activities During Earthmoving Activities During Project Construction MONITORING City of Temecula Community Development Department City of Temecula Community Development /Public Works Departments City of Temecula Community Development /Public Works Departments DATE COMPLETED SIGNATURE Pa0e May 201' SOURCE Section 3.6, Impact 3.6 (b) and Section 3.9, Impact 3.9 (a) Section 3.8, Impact 3.8 (d) Section 3.8, Impact 3.8 (d) MITIGATION MEASURE recommendations or preference for treatment within 48 hours of being granted access to the site. Guidelines of the NAHC shall be adhered to in the treatment and disposition of the remains in accordance with the provisions of Health and Safety Code §7050.5 and Public Resources Code §5097.98. TIMING MONITORING DATE COMPLETED SIGNATURE Section 3.12, Impact 3.12 (a), 3.12 (c), and 3.12 (d) 51Page Geology and Solis Mitigation Measure (GEO.1) In accordance with the National Pollutant Discharge Elimination System requirements, the Project Applicant would prepare a Stormwater Pollution Prevention Plan (SWPPP) for approval by the City prior to grading activities. The SWPPP will include relevant Best Management Practices (BMPs) in order to minimize soil erosion and water quality impacts during Project construction. Hazards and Hazardous Materials Mitigation Measure (HAZ.1) The Project Applicant shall retain the services of a Registered Professional Engineer or Geologist, with experience in remedial investigation, available for consultation during soil excavation and grading activities. The Registered Professional Engineer or Geologist shall be given full authority to oversee any earthmoving activities to determine if disturbed soils are contaminated. Hazards and Hazardous Materials Mitigation Measure (HAZ-2) If potentially contaminated soil Is unearthed during site disturbance activities, the Registered Professional Engineer or Geobglst shall inspect the Identified area and determine the need for sampling to confirm the nature and extent of contamination. Depending on the nature and extent of contamination, the Registered Professional Engineer or Geologist shall have the authority to temporarily suspend construction activity at that location for the protection of workers or the public. If the Registered Professional Engineer or Geologist determines that significant remediation is necessary, the Prayed( Applicant shall contact representatives of the San Diego Regional Water Quality Control Board, Department of Toxic Substances Control, end other local agencies, If appllcabte, for guidance and possible oversight. The applicant will oe required to implement ab requirements identified by San Diego Regional Water Quality Coned Board and Department of Toxic Substances Control. Noise Mitigation Measure (NOI.1) Prior to Grading Permit issuance, the Applicant shall demonstrate, to the satisfaction of the Director of Community Development that the Project complies wi h the following: • Construction contracts specify that all construction equipment. fixed or mobile, shall be equipped with properly operating and maintained mufflers and other state required noise attenuation devices. • Property owners and occupants located within 200 feet of the Project boundary shall be sent a notice, at least 15 days prior to commencement of construction of each phase, regarding the construction schedule of the proeosed Project. A sin, legible at a distance of 50 feet shell also be During Project Construction During Project Construction During Construction Project Prior to Grading Permit Issuance City of Temecula Public Works Department City of Temecula Community Development / Public Works Departments City of Temecula Public Works Department City of Temecula Community Development Department r SOURCE MITIGATION MEASURE TIMING MONITORING DATE COMPLETED SIGNATURE posted at the Project construction site. All notices and signs shall be reviewed and approved by the City of Temecula Planning Department, prior to mailing or posting and shall Indicate the dates and duration of construction activities, as well as provide a contact name and a telephone number where residents can inquire about the construction process and register complaints. r • Construction haul routes shall be designed to avoid noise sensitive uses (e.g., residences, convalescent homes, etc.), to the extent feasible. • During construction, stationary construction equipment shall be placed such that emitted noise is directed away from sensitive noise receivers. • Construction activities shall not take place outside of the allowable hours specified by the City's Municipal Code Section 9.20.060(D) (7;00 a.m. and 6:30 p.m. Monday through Saturday; construction activities are not permitted on Sundays or national holidays). • Construction haul routes shall be designed to avoid noise sensitive uses (e.g., residences, convalescent homes, schools, churches, etc.), to the extent feasible. • During construction, stationary construction equipment shall be placed such that emitted noise Is directed away from sensitive noise receptors. 6!Page PC RESOLUTION NO. 17-16 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 APPROVING A PLANNED DEVELOPMENT OVERLAY AMENDMENT TO THE LINFIELD CHRISTIAN SCHOOL PLANNED DEVELOPMENT OVERLAY (PDO -7) GENERALLY LOCATED ON THE SOUTH SIDE OF RANCHO VISTA ROAD, APPROXIMATELY 2,500 FEET EAST OF MARGARITA ROAD (APN 955-020-019, 955-020-018, 955- 020-012, 955-020-017) (PA15-1886)" Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On December 21, 2015, Aaron Walker filed Planning Application Nos. PA15- 1885, a Development Plan Application, and PA15-1886 a Planned Development Overlay Amendment in a manner in accordance with the City of Temecula General Plan and Development Code. B. The Application was processed including, but not limited to, a public notice, in the time and manner prescribed by State and local law. C. The Planning Commission, at a regular meeting, considered the Application and environmental review on June 21, 2017, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. D. Concurrently with the adoption of this Resolution, the Planning Commission adopted Resolution No. 17-17, recommending that the City Council approve the development plan application, subject to conditions of approval. E. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Planned Development Overlay Amendment Application PA15-1886: A. Pursuant to California Environmental Quality Act ("CEQA"), City staff prepared an Initial Study of the potential environmental effects of the approval of the Planned Development Overlay Amendment, as described in the Initial Study ("the Project"). Based upon the findings contained in that study, City staff determined that there was no substantial evidence that the Project could have a significant effect on the environment and a Mitigated Negative Declaration was prepared. B. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration as required by law. The public comment period commenced on September 23, 2016, and ended on October 24, 2016. Copies of the documents have been available for public review and inspection at the offices of the Department of Community Development, located at City Hall, 41000 Main Street, Temecula, California 92590; the Ronald H. Roberts Public Library located at 30600 Pauba Road; Temecula Grace Mel!man Community Library located at 41000 County Center Drive; and the City of Temecula website. C. Five written comments were received prior to the public hearing and a response to all the comments made therein was prepared, submitted to the Planning Commission and incorporated into the administrative record of the proceedings. D. The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration prior to and at the June 21, 2017 public hearing, and based on the whole record before it finds that: (1) the Mitigated Negative Declaration was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment; and (3) the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. E. Based on the findings set forth in the Resolution, the Planning Commission recommends that the City Council adopt the Mitigated Negative Declaration and the Mitigated Monitoring and Reporting Program prepared for the Project. Section 3. Further Findings. The Planning Commission, in recommending approval of the Planned Development Overlay Amendment Application No. PA15-1886 hereby finds, determines and declares that: A. The proposed Ordinance is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City; The proposed Zone Change/Planned Development Overlay Amendment Ordinance conforms to the City of Temecula General Plan Land Use Element. Furthermore, the proposed Zone Change/Planned Development Overlay Amendment Ordinance directly responds to Goal 1 Policy LU -1.1 and LU -1.2 of the General Plan Land Use Element. In addition to employing the City's planned development overlay amendment zoning district tool, the proposed project is also consistent with the above General Plan Land Use Element goal and policy in that it is contributing to the development of a variety of residential product types in the form of congregate care housing and has been designed to minimize impacts on surrounding land uses and infrastructure through required and proposed design guidelines and development standards, building orientation and location, circulation and access improvements, and other features and requirements of proposed Planned Development Overlay Amendment. Additionally, mitigation measures are identified in the MND to further reduce the potential for impacts to surrounding uses and infrastructure. Section 4. Recommendation. The Planning Commission of the City of Temecula recommends that the City Council adopt an Ordinance adopting a Planned Development Overlay Amendment to the Linfield Christian School Planned Development Overlay (PDO - 7) generally located on the south side of Rancho Vista Road, approximately 2,500 feet east of Margarita Road, in substantially the form attached to this Resolution as Exhibit "A", and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 21st day of June, 2017. John Telesio, Chairman ATTEST: Luke Watson Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 17-16 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 21st day of June 2017, by the following vote: AYES: 3 PLANNING COMMISSIONERS: GUERRIERO, WATTS, YOUMANS NOES: 0 PLANNING COMMISSIONERS NONE ABSENT: 1 PLANNING COMMISSIONERS TURLEY-TREJO ABSTAIN: 1 PLANNING COMMISSIONERS TELESIO Luke Watson Secretary EXHIBIT A CITY COUNCIL ORDINANCE (PLANNED DEVELOPMENT OVERLAY) ORDINANCE NO. 17 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A PLANNED DEVELOPMENT OVERLAY AMENDMENT (PA15-1886) TO THE LINFIELD CHRISTIAN SCHOOL PLANNED DEVELOPMENT OVERLAY (PDO -7) GENERALLY LOCATED ON THE SOUTH SIDE OF RANCHO VISTA ROAD, APPROXIMATELY 2,500 FEET EAST OF MARGARITA ROAD. (APN 955-020- 019, 955-020-018, 955-020-012, 955-020-017) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. On December 21, 2015, Aaron Walker filed Planning Application Nos. PA15-1886, a Planned Development Overlay Amendment, and PA15-1885 a Development Plan Application (collectively, "the Project") in a manner in accord with the City of Temecula General Plan and Development Code. B. The Project was processed including, but not limited to all public notices, in the time and manner prescribed by State and local law, including the California Environmental Quality Act, Public Resources Code 21000, et seq. and the California Environmental Quality Act Guidelines, 14. Cal. Code Regs 15000 et seq. (collectively referred to as "CEQA"). C. Pursuant to CEQA, the City is the lead agency for the Project because it is the public agency with the authority and principal responsibility for approving the Project. D. A Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program were prepared for the Project in accordance with CEQA. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the MND as required by law. The public comment period commenced via the State Clearing House from September 23, 2016 through October 24, 2016. Copies of the documents have been available for public review and inspection at the offices of the Department of Community Development, located at City Hall, 41000 Main Street, Temecula, California 92590; the Ronald H. Roberts Temecula Public Library located at 30600 Pauba Road; Temecula Grace Mellman Community Library located at 41000 County Center Drive; and the City of Temecula website. E. On June 21, 2017, at a duly noticed public hearing as prescribed by law, the Planning Commission considered the Project and any comments received prior to or at the public hearing on June 21, 2017, 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 Project and the MND. F. Following consideration of the entire record before it at the public hearing and due consideration of the proposed Project the Planning Commission recommended that the City Council adopt the MND, and the Mitigation Monitoring and Reporting Program prepared for the Project. G. At the conclusion of the Planning Commission hearing and after due consideration of the entire record before the Planning Commission hearing, and after due consideration of the testimony regarding the proposed Project, the Planning Commission recommended that the City Council approve the Project including Planning Application Nos. PA15-1886, a Planned Development Overlay Amendment and PA15-1885, a Development Plan. H. On August 8, 2017, the City Council of the City of Temecula considered the Project and the MND and Mitigation Monitoring and Reporting Program 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 Council considered all the testimony and any comments received regarding the Project, the MND, and the Mitigation Monitoring and Reporting Program prior to and at the public hearing. I. Following the public hearing, the Council adopted Resolution No. 17 - adopting the MND and the Mitigation Monitoring and Reporting Program. J. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Legislative Findings. The City Council in approving the Planned Development Overlay Amendment/Zone Change hereby makes the following findings: A. The proposed Ordinance is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City; The proposed Zone Change/Planned Development Overlay Amendment Ordinance conforms to the City of Temecula General Plan Land Use Element. Furthermore, the proposed Zone Change/Planned Development Overlay Amendment Ordinance directly responds to Goal 1 Policy LU -1.1 and LU -1.2 of the General Plan Land Use Element. In addition to employing the City's planned development overlay amendment zoning district tool, the proposed project is also consistent with the above General Plan Land Use Element goal and policy in that it is contributing to the development of a variety of residential product types in the form of congregate care housing and has been designed to minimize impacts on surrounding land uses and infrastructure through required and proposed design guidelines and development standards, building orientation and location, circulation and access improvements, and other features and requirements of proposed Planned Development Overlay Amendment. Additionally, mitigation measures are identified in the MND to further reduce the potential for impacts to surrounding uses and infrastructure. Section 3. Zoning Code Amendment. The City Council hereby amends Chapter 17.22 (PLANNED DEVELOPMENT OVERLAY ZONING DISTRICT (PDO -7)) of Title 17 (Zoning) of the Temecula Municipal Code by amending Article VIII, entitled "Linfield Christian School Planned Development Over District - 7" to read as provided in Exhibit A, attached to this Ordinance and incorporated herein as thought set forth in full. Section 4. Severability. If any portion, provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining portions, provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect and shall be interpreted by the court so as to give effect to such remaining portions of the Ordinance. Section 5. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption. Section 6. 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 8th day of August, 2017. ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ) ) ss ) , Mayor I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 17- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 8th day of August, 2017, 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 EXHIBIT A PLANNED DEVELOPMENT OVERLAY Article VIII. Linfield Christian School Planned Development Overlay District -7 17.22.180 Title. Sections 17.22.180 through 17.22.188 shall be known as "PDO -7" (Linfield Christian School planned development overlay district). (Ord. 03-09 § 3 Exh. A (part)) 17.22.181 Purpose and intent. The Linfield Christian School planned development overlay district (PDO -7) is intended to create a unique mixed-use area within the city, blending educational, recreational, institutional and residential facilities in a comprehensive master plan that builds upon the existing campus development. PDO -7 allows for the introduction of compatible housing opportunities within the conventional zoning district and serves to implement the objectives of the land use and housing elements of the general plan. Supplemental development standards have been provided to recognize the transition between the existing campus facilities and the new development areas, to promote compatibility with the surrounding land uses, and to insure the long-term design quality of the Linfield Christian School PDO district. (Ord. 03-09 § 3 Exh. A (part)) 17.22.184 Relationship with the development code and citywide design guidelines. A. The list of permitted, conditionally permitted, and prohibited uses for the Linfield Christian School planned development overlay district is contained in Table 17.22.186B. B. Except as modified by the provisions of Section 17.22.188, the following rules and regulations shall apply to all planning applications in this area. 1. Where this PDO is silent, the development standards of the public institutional (P1) district in the development code shall apply (Section 17.12). 2. The development standards in the development code that would apply to the medium density residential district, and are in effect at the time an application is deemed complete, for any proposed residential housing to be located in planning area 2 of PDO -7. The maximum number of residences to be developed in Planning Area 2 is twenty-six. 3. The master plan and design guidelines approved as a part of the Linfield Christian School Master Plan shall apply to Planning Areas 1A, and 1B of this PDO. Development proposals within Planning Areas 2 and 3A and 3B shall comply with the City of Temecula Citywide Design Guidelines. 4. Senior Housing, Assisted Living, Congregate Care Housing, Skilled Nursing or Memory Care facilities shall be permitted pursuant to the standards within Section 17.10.020 of the Temecula Development Code, except as modified by the requirements of Section 17.22.188 of this Article. (Ord. 03-09 § 3 (part)) 1 17.22.186 Use regulations. The list of permitted land uses for the Linfield Christian School planned development overlay district is contained in Table 17.22.186B. PDO -7 contains three different planning areas as shown in Exhibit 17.22.186A. The three planning areas are identified as follows: ► Planning Area 1: Educational/Institutional: identified as (EI) in Table 17.22.186B. Planning Area 1 is further separated into two subareas: Planning Area lA (58.25 gross acres) is the main Linfield Christian School Campus, and Planning Area 1B ( 5.82 gross acres) is the existing elementary school campus. ► Planning Area 2 ( 7.58 gross acres): Educational/Residential: identified as (ER) in Table 17.22.186B; and, ► Planning Area 3: Public/Institutional: identified as (PI) in Table 17.22.186B. Planning Area 3 is further separated into two subareas: Planning Area 3A (15.58 gross acres) Planning Area 3B (12.42 gross acres) EXHIBIT 17.22.186A LINFIELD CHRISTIAN SCHOOL PLANNING AREA MAP PLAVi1I'IG AREA 15 2 Where indicated with the letter "P" the use shall be a permitted use. A letter "C" indicates the use shall be conditionally permitted, subject to the approval of a conditional use permit. Where indicated with a "—," the use is prohibited within the planning area. Table 17.22.186B Schedule of Permitted Uses Linfield Christian School Planned Development Overlay District -7 Description of Use Area Description of Use Area 1A & 1B (Elf) AreRa 2 ' ) Area 3A & 3B (PI) A P p Churches, temples, religious institutions Art gallery P p p Auditorium P C C B (Reserved) C C C C Christmas tree lots P P p Churches, temples, religious institutions C C C Communications and microwave installations' Community health clinics — — C Community center P C P Conference center P p p Congregate care housing (including support C C P services) Congregate living health facility C C C Construction trailer (temporary) P P P Convalescent homes C P P D — C Hospital Day care center P P P Day care health center P — p E Educational institution C C C F ' Food services (for campus and special events) P P P G Garages, public parking C — P Golf courses C — P Golf college or sports training facility C — P Government offices P — P Government services P — p Group home — — H Helipad or heliport C — C Hospital C -- C I _ K (Reserved) 3 Table 17.22.186B Schedule of Permitted Uses Linfield Christian School Planned Development Overlay District -7 Description of Use Area Description of Use Area 1A & 1B (EI) Area 2 (ER) Area 3A & 3B (PI) L P – C Library P P P M – – P Maintenance facility (accessory to primary use only) P C P Modular classrooms (used as interim classroom space) P – P Museum P P P N (Reserved) 0 (Reserved) P 1 Parks and recreation P P P Performing arts, theaters and places of public assembly P – C ' Police/sheriff station P – P Post office – – P Public utilities C C C (Reserved) R Radio and broadcasting studios P – P Recording studios P – P Religious facilities C C C Residential—single-family detached, school superintendent or dean's home, caretaker home, (accessory to private school use only) P P P Residential—single-family attached or duplex housing for school faculty – P - Residential—multiple-family housing for school faculty P Residential—senior housing – C C Residential—student dorms C C C S Schools, trade or vocational C _ C C Skilled nursing facility C C C Sports and recreation facilities _ P P P T Trade or vocational schools C C C U Utility offices and service yards C C C 4 Table 17.22.186B Schedule of Permitted Uses Linfield Christian School Planned Development Overlay District -7 Description of Use Area Description of Use Area 1A & 1B (EI) Area 2 (ER) Area 3A & 3B (PI) V—Z (Reserved) Note: 1. Subject to Section 17.40 of the Temecula Municipal Code Legend: P = Permitted by right in the district C = Permitted by Conditional Use Permit in the district — = Use is prohibited in the district (El) = Educational/Institutional: Planning Areas lA and 1B (ER) = Educational/Residential: Planning Area 2 (PI) = Public/Institutional: Planning Area 3 (Ord. 08-11 §§ 36-38; Ord. 03-09 § 3 Exh. A (part)) 17.22.188 Supplemental development standards. Permitted and conditionally permitted uses within PDO -7 shall comply with the development standards of the underlying public/institutional zoning district except as modified or augmented by the standards contained in this section. A. General. 1. All new development occurring within Planning Areas lA and 1B shall be in substantial conformance with the Linfield Christian School master plan, provided that modifications of up to twenty percent of the estimated square footage of the individual or combined structures may be approved by the planning director. Minor modifications to the site location or number of new facilities may also be approved by the planning director. Major modifications to the overall scale, intensity or intended land uses within the planning areas shall be referred to the planning commission for approval. 2. All new development within Planning Area lA and 1B deemed to be in compliance with the Linfield master plan and design guidelines shall be subject to the administrative review process, pursuant to Section 17.05.020 of the Temecula Development Code. 3. Development proposals for faculty housing units within Planning Area 2 of PDO -7 shall be subject to the development standards of the medium density residential (M) zoning district, and will require review and approval of a development plan by the planning commission. The maximum number of residences to be developed in Planning Area 2 is twenty-six. 5 4. Development proposals for Senior Housing, Assisted Living, Congregate Care Housing, Skilled Nursing or Memory Care facilities shall be permitted up to a maximum density of twenty-four (24) units per acre within Planning Area 3A and adhere to the following minimum requirements: a. The net livable floor area square footage for senior housing units shall be as required in Section 17.10.020 except that Assisted Living units shall be a minimum of 350 square feet for studio/efficiency units; and Memory Care units shall be a minimum of 250 square feet for private units and 350 square feet for shared units. b. Senior Housing for Independent Living and Assisted Living shall provide a minimum of 68 square feet of private open space per unit, excluding units dedicated as guest units for visiting family members or other non-residents, and may be comprised of private outdoor patios, decks, porches, balconies, and yards. The combined common area and private open space shall be a minimum of 200 square feet per unit and may include plazas, courtyards, gardens, recreational areas, putting greens, decks and patios. c. Single -story attached senior housing units shall provide a minimum of 150 square feet per unit of private open space which may be comprised of porches, patios, yards, and courtyards within the front and rear yard areas of the units. d. Memory Care Facilities shall provide a minimum of 75 square feet per unit of common area outdoor space. 5. There is no maximum lot coverage or floor area requirement for development projects within PDO -7, provided that the respective development standards for the use are met. B. Setbacks. 1. Landscape setbacks along the Pauba Road and Rancho Vista Road street frontages shall be an average of twenty feet, except for Planning Area 1B which shall be a minimum of five feet, due to the presence of the existing elementary school parking lot. The overall average front setback along either roadway shall be no less than twenty feet. 2. Sidewalks, pedestrian paths, paving, driveways and wrought iron or chain link fencing are permitted to be located within the landscaped setback area. C. Building Height. 1. Structures within Planning Area 1 shall not exceed two stories, or forty-five feet in height. Architectural projections such as mansards, towers and other design elements shall be permitted to extend an additional ten feet above the height of the building. Structures designed as split-level in order to accommodate the existing site grades are permitted up to a height of sixty feet as measured from the lowest grade. Any structures over forty-five feet in height shall be located a minimum of one hundred feet from the nearest exterior property line, and a minimum of two hundred fifty feet from the property line of any single-family residential structure. 2. Single family residential and multi -family residential structures (with the exception of senior housing developments) shall not exceed two stories, or a maximum of thirty feet in height. 6 3. Multi -family Senior Housing, Assisted Living, Congregate Care Housing, and Convalescent Housing structures within Planning Area 3A shall not exceed four stories, (excluding parking level) or sixty-five feet in height above the lowest grade, except that elevator shafts and stairwells may extend above the roof height. Any portion of a structure over forty-five feet in height shall be set back a minimum of one hundred and thirty feet from the property line of any single-family residential structure. D. Parking. 1. Parking requirements for assembly facilities within Planning Area 1 shall be considered as shared parking in conjunction with the standard spaces required under the development code for school parking. This determination applies to those assembly or special event facilities primarily used by the student population and faculty during the school day, or those facilities conducting events after school or in the evening hours when regular school parking is available. 2. In order to provide sufficient onsite parking in the case of a special event on campus, and to prevent potential overflow parking on surrounding public streets, temporary, special event parking may be provided on designated outdoor play courts in Planning Area 1. Such temporary parking areas shall be clearly identified, and cease operation at the conclusion of the special event. E. Landscaping and Fencing. 1. Landscaping within parking lot areas shall be consistent with Section 17.24.050(H) of the Temecula Development Code, with the following exceptions: a. Landscaped planters shall not be required within the interior of parking lots except for at the ends of each row of parking spaces, due to the need to insure clear visibility in parking areas for campus security purposes. b. Required trees within the parking lot area shall be limited to the islands at the end of the parking rows, and within the landscaped areas at the perimeter of the parking lot. Trees shall be minimum fifteen -gallon containers, and may be spaced in a liner fashion around the perimeter or clustered. Trees shall be provided at a ratio of one tree for every four required parking spaces. Due to the extensive amount of existing mature trees within the district, and the internal nature of the parking lots within the landscaped setting, existing trees immediately adjacent to parking lots shall be included in the required count of parking lot trees. c. Parking lot landscaping standards shall only apply to new or substantially redeveloped parking lot areas within the district. d. Fencing for school facilities and outdoor recreation areas shall be exempt from the fence height requirements of Section 17.12.050 of the public/institutional district of the Temecula Development Code. Acceptable fencing materials include finished wrought iron or tubular steel, chain link, vinyl and decorative masonry. (Ord. 03-09 § 3 Exh. A (part)) 7 PLANNED DEVELOPMENT OVERLAY AMENDMENT Article VIII. Linfield Christian School Planned Development Overlay District -7 17.22.180 Title. Sections 17.22.180 through 17.22.188 shall be known as "PDO -7" (Linfield Christian School planned development overlay district). (Ord. 03-09 § 3 Exh. A (part)) 17.22.181 Purpose and intent. The Linfield Christian School planned development overlay district (PDO -7) is intended to create a unique mixed-use area within the city, blending educational, recreational, institutional and residential facilities in a comprehensive master plan that builds upon the existing campus development. PDO -7 allows for the introduction of compatible housing opportunities within the conventional zoning district and serves to implement the objectives of the land use and housing elements of the general plan. Supplemental development standards have been provided to recognize the transition between the existing campus facilities and the new development areas, to promote compatibility with the surrounding land uses, and to insure the long-term design quality of the Linfield Christian School PDO district. (Ord. 03-09 § 3 Exh. A (part)) 17.22.184 Relationship with the development code and citywide design guidelines. A. The list of permitted, conditionally permitted, and prohibited uses for the Linfield Christian School planned development overlay district is contained in Table 17.22.186B. B. Except as modified by the provisions of Section 17.22.188, the following rules and regulations shall apply to all planning applications in this area. 1. Where this PDO is silent, the development standards of the public institutional (PI) district in the development code shall apply (Section 17.12). 2. The development standards in the development code that would apply to the medium density residential district, and are in effect at the time an application is deemed complete, for any proposed residential housing to be located in planning area 2 of PDO -7. The maximum number of residences to be developed in Planning Area 2 is twenty-six. 3. The master plan and design guidelines approved as a part of the Linfield Christian School Master Plan shall apply to Planning Areas 1A, and 1B of this PDO. Development proposals within Planning Areas 2 and 3A and 3B shall comply with the City of Temecula Citywide Design Guidelines. 4. Senior Housing, Assisted Living, Congregate Care Housing, Skilled Nursing or Memory Care facilities shall be permitted pursuant to the standards within Section 17.10.020 of the Temecula Development Code, except as modified by the requirements of Section 17.22.188 of this Article. (Ord. 03-09 § 3 (part)) 1 17.22.186 Use regulations. The list of permitted land uses for the Linfield Christian School planned development overlay district is contained in Table 17.22.186B. PDO -7 contains three different planning areas as shown in Exhibit 17.22.186A. The three planning areas are identified as follows: ► Planning Area 1: Educational/Institutional: identified as (EI) in Table 17.22.186B. Planning Area 1 is further separated into two subareas: Planning Area 1 A (58.25 gross acres) is the main Linfield Christian School Campus, and Planning Area 1B ( 5.82 gross acres) is the existing elementary school campus. ► Planning Area 2 ( 7.58 gross acres): Educational/Residential: identified as (ER) in Table 17.22.186B; and, ► Planning Area 3: Public/Institutional: identified as (PI) in Table 17.22.186B. Planning Area 3 is further separated into two subareas: Planning Area 3A (15.58 gross acres) Planning Area 3B (12.42 gross acres) EXHIBIT 17.22.186A LINFIELD CHRISTIAN SCHOOL PLANNING AREA MAP PLANNING AREA 313 PLANNING AREA in PLANNING AREA 2 PLANNING AREA 16 Pa n Non 2 Where indicated with the letter "P" the use shall be a permitted use. A letter "C" indicates the use shall be conditionally permitted, subject to the approval of a conditional use permit. Where indicated with a "–," the use is prohibited within the planning area. Table 17.22.186B Schedule of Permitted Uses Linfield Christian School Planned Development Overlay District -7 Description of Use Area Description of Use Area 1A & 1B (EI)(PI) Area 2 (ER) Area 3A & 3B A Art gallery P P P Auditorium P C C B (Reserved) C Christmas tree lots P P _ P Churches, temples, religious institutions C C C Communications and microwave installationsI Community health clinics _ _ – – C Community center _ P _ C P Conference center P P P Congregate care housing (including support C C P services) Congregate living health facility C C C Construction trailer (temporary) P P P Convalescent homes C P P D Day care center P P P Day care health center P – P E Educational institution C C C F Food services (for campus and special events) P P P G Garages, public parking C – P Golf courses C – P Golf college or sports training facility C – P Government offices P _ _ – P Government services P – P Group home – – – H Helipad or heliport C – C Hospital C – C I—K (Reserved) 3 Table 17.22.186B Schedule of Permitted Uses Lintield Christian School Planned Develo I ment Overla District -7 Description of Use Area Description of Use Area lA & 1B (El) Area 2 (ER) Area 3A & 3B (PI) L – C Police/sheriff station Library P P P M – P Public utilities Maintenance facility (accessory to primary use only) P C P Modular classrooms (used as interim classroom space) P – P Museum P P P N (Reserved) 0 (Reserved) P Parks and recreation P P p Performing arts, theaters and places of public assembly P – C Police/sheriff station P – P Post office – – P Public utilities C C C Reserved) R Radio and broadcasting studios P – p Recording studios P – P Religious facilities C C C _ Residential—single-family detached, school superintendent or dean's home, caretaker home, (accessory to private school use only) P P P Residential—single-family attached or duplex housing for school faculty _ P - Residential—multiple-family housing for school faculty _ P 1 - Residential—senior housing _ – C C Residential—student dorms C _ C C S Schools, trade or vocational C C C Skilled nursing facility _ C C C Sports and recreation facilities P P p T Trade or vocational schools C C C U _ Utility offices and service yards C _ C C 4 Linfield Christian Table 17.22.186B Schedule of Permitted Uses School Planned Development Overlay District -7 Descriptio Description Description of Use Area 1A & 1B Area 2 (EI) (ER) of Use Area Area 3A & 3B (PI) V—Z (Reserved) Note: 1. Subject to Section 17.40 of the Temecula Municipal Code Legend: P = Permitted by right in the district C = Permitted by Conditional Use Permit in the district – = Use is prohibited in the district (El) = Educational/Institutional: Planning Areas IA and 1B (ER) = Educational/Residential: Planning Area 2 (PI) = Public/Institutional: Planning Area 3 (Ord. 08-11 §§ 36-38; Ord. 03-09 § 3 Exh. A (part)) 17.22.188 Supplemental development standards. Permitted and conditionally permitted uses within PDO -7 shall comply with the development standards of the underlying public/institutional zoning district except as modified or augmented by the standards contained in this section. A. General. 1. All new development occurring within Planning Areas lA and 1B shall be in substantial conformance with the Linfield Christian School master plan, provided that modifications of up to twenty percent of the estimated square footage of the individual or combined structures may be approved by the planning director. Minor modifications to the site location or number of new facilities may also be approved by the planning director. Major modifications to the overall scale, intensity or intended land uses within the planning areas shall be referred to the planning commission for approval. 2. All new development within Planning Area lA and 1B deemed to be in compliance with the Linfield master plan and design guidelines shall be subject to the administrative review process, pursuant to Section 17.05.020 of the Temecula Development Code. 3. Development proposals for faculty housing units within Planning Area 2 of PDO -7 shall be subject to the development standards of the medium density residential (M) zoning district, and will require review and approval of a development plan by the planning commission. The maximum number of residences to be developed in Planning Area 2 is twenty-six. 5 4. Development proposals for Senior Housing, Assisted Living, Congregate Care Housing, Skilled Nursing or Memory Care facilities shall be permitted up to a maximum density of twenty-four (24) units per acre within Planning Area 3A and adhere to the following minimum requirements: a. The net livable floor area square footage for senior housing units shall be as required in Section 17.10.020 except that Assisted Living units shall be a minimum of 350 square feet for studio/efficiency units; and Memory Care units shall be a minimum of 250 square feet for private units and 350 square feet for shared units. b. Senior Housing for Independent Living and Assisted Living shall provide a minimum of 68 square feet of private open space per unit, excluding units dedicated as guest units for visiting family members or other non-residents, and may be comprised of private outdoor patios, decks, porches, balconies, and yards. The combined common area and private open space shall be a minimum of 200 square feet per unit and may include plazas, courtyards, gardens, recreational areas, putting greens, decks and patios. c. Single -story attached senior housing units shall provide a minimum of 150 square feet per unit of private open space which may be comprised of porches, patios, yards, and courtyards within the front and rear yard areas of the units. d. Memory Care Facilities shall provide a minimum of 75 square feet per unit of common area outdoor space. 5. There is no maximum lot coverage or floor area requirement for development projects within PDO -7, provided that the respective development standards for the use are met. B. Setbacks. 1. Landscape setbacks along the Pauba Road and Rancho Vista Road street frontages shall be an average of twenty feet, except for Planning Area 1B which shall be a minimum of five feet, due to the presence of the existing elementary school parking lot. The overall average front setback along either roadway shall be no less than twenty feet. 2. Sidewalks, pedestrian paths, paving, driveways and wrought iron or chain link fencing are permitted to be located within the landscaped setback area. C. Building Height. 1. Structures within Planning Area 1 shall not exceed two stories, or forty-five feet in height. Architectural projections such as mansards, towers and other design elements shall be permitted to extend an additional ten feet above the height of the building. Structures designed as split-level in order to accommodate the existing site grades are permitted up to a height of sixty feet as measured from the lowest grade. Any structures over forty-five feet in height shall be located a minimum of one hundred feet from the nearest exterior property line, and a minimum of two hundred fifty feet from the property line of any single-family residential structure. 2. Single family residential and multi -family residential structures (with the exception of senior housing developments) shall not exceed two stories, or a maximum of thirty feet in height. 6 3. Multi -family Senior Housing, Assisted Living, Congregate Care Housing, and Convalescent Housing structures within Planning Area 3A shall not exceed four stories, (excluding parking level) or sixty-five feet in height above the lowest grade, except that elevator shafts and stairwells may extend above the roof height. Any portion of a structure over forty-five feet in height shall be set back a minimum of one hundred and thirty feet from the property line of any single-family residential structure. D. Parking. 1. Parking requirements for assembly facilities within Planning Area 1 shall be considered as shared parking in conjunction with the standard spaces required under the development code for school parking. This determination applies to those assembly or special event facilities primarily used by the student population and faculty during the school day, or those facilities conducting events after school or in the evening hours when regular school parking is available. 2. In order to provide sufficient onsite parking in the case of a special event on campus, and to prevent potential overflow parking on surrounding public streets, temporary, special event parking may be provided on designated outdoor play courts in Planning Area 1. Such temporary parking areas shall be clearly identified, and cease operation at the conclusion of the special event. E. Landscaping and Fencing. 1. Landscaping within parking lot areas shall be consistent with Section 17.24.050(H) of the Temecula Development Code, with the following exceptions: a. Landscaped planters shall not be required within the interior of parking lots except for at the ends of each row of parking spaces, due to the need to insure clear visibility in parking areas for campus security purposes. b. Required trees within the parking lot area shall be limited to the islands at the end of the parking rows, and within the landscaped areas at the perimeter of the parking lot. Trees shall be minimum fifteen -gallon containers, and may be spaced in a liner fashion around the perimeter or clustered. Trees shall be pr ovidcd at a ratio of one tree for every four required parking spaces. Due to the extensive amount of existing mature trees within the district, and the internal nature of the parking lots within the landscaped setting, existing trees immediately adjacent to parking lots shall be included in the required count of parking lot trees. c. Parking lot landscaping standards shall only apply to new or substantially redeveloped parking lot areas within the district. d. Fencing for school facilities and outdoor recreation areas shall be exempt from the fence height requirements of Section 17.12.050 of the public/institutional district of the Temecula Development Code. Acceptable fencing materials include finished wrought iron or tubular steel, chain link, vinyl and decorative masonry. (Ord. 03-09 § 3 Exh. A (part)) 7 PLANNED DEVELOPMENT OVERLAY AMENDMENT (UNDERLINE/STRIKEOUT) PROPOSED AMENDMENT TO PDO -7 L1NFIELD CHRISTIAN SCHOOL OVERLAY Proposed changes are shown in underline/strikeout text below: Article VIII. Linfield Christian School Planned Development Overlay District -7 17.22.180 Title. Sections 17.22.180 through 17.22.188 shall be known as "PDO -7" (Linfield Christian School planned development overlay district). (Ord. 03-09 § 3 Exh. A (part)) 17.22.181 Purpose and intent. The Linfield Christian School planned development overlay district (PDO -7) is intended to create a unique mixed-use area within the city, blending educational, recreational, institutional and residential facilities in a comprehensive master plan that builds upon the existing campus development. PDO -7 allows for the introduction of compatible housing opportunities within the conventional zoning district and serves to implement the objectives of the land use and housing elements of the general plan. Supplemental development standards have been provided to recognize the transition between the existing campus facilities and the new development areas, to promote compatibility with the surrounding land uses, and to insure the long-term design quality of the Linfield Christian School PDO district. (Ord. 03-09 § 3 Exh. A (part)) 17.22.184 Relationship with the development code and citywide design guidelines. A. The list of permitted, conditionally permitted, and prohibited uses for the Linfield Christian School planned development overlay district is contained in Table 17.22.186B. B. Except as modified by the provisions of Section 17.22.188, the following rules and regulations shall apply to all planning applications in this area. 1. Where this PDO is silent, the development standards of the public institutional (PI) district in the development code shall apply (Section 17.12). 2. The development standards in the development code that would apply to the medium density residential district, and are in effect at the time an application is deemed complete, for any proposed residential housing to be located in planning area 2 of PDO -7. The maximum number of residences to be developed in Planning Area 2 is twenty-six. 3. The master plan and design guidelines approved as a part of the Linfield Christian School Master Plan shall apply to PlanningAreas 1 A. and 1B of this PDO. Development proposals within Planning Areas 2 and 3A and 3B shall comply with the City of Temecula Citywide Design Guidelines. 4. Senior Housing, Assisted Living. Congregate Care Housing, Skilled Nursing or Memory Care facilities shall be permitted pursuant to the standards within Section 17,10.020 of the Temecula Development Code, except as modified by the requirements of Section 17.22.188 of this Article. (Ord. 03-09 § 3 (part)) 1 17.22.186 Use regulations. The list of permitted land uses for the Linfield Christian School planned development overlay district is contained in Table 17.22.186B. PDO -7 contains three different planning areas as shown in Exhibit 17.22.186A. The three planning areas are identified as follows: ► Planning Area 1: Educational/Institutional: identified as (EI) in Table 17.22.186B. Planning Area 1 is further separated into two subareas: Planning Area lA (36.8.9 58.25 gross acres) is the main Linfield Christian School Campus, and Planning Area 1B (4778 5.82 gross acres) is the existing elementary school campus. O. Planning Area 2 (9784- 7.58 gross acres): Educational/Residential: identified as (ER) in Table 17.22.186B; and, ► Planning Area 3: Public/Institutional: identified as (PI) in Table 17.22.186B. Planning Area 3 is further separated into two subareas: Planning Area 3A (15.58 gross acres) PIanning Area 38 (I2.42 gross acresl EXHIBIT 17.22.186A (EXHIBIT TO BE REPLACED WITH REVISED EXHIBIT BELOW) LINFIELD CHRISTIAN SCHOOL 2 LINFIELD CHRISTIAN SCHOOL PLANNING AREA MAP REVISED EXHIBIT 17.22.186 A Where indicated with the letter "P" the use shall be a permitted use. A letter "C" indicates the use shall be conditionally permitted, subject to the approval of a conditional use permit. Where indicated with a "—," the use is prohibited within the planning area. Table 17.22.186B Schedule of Permitted Uses Linfield Christian School Planned Development Overlay District -7 Description of Use Area Description of Use Area 1A & 1B (EI) Area 2 (ER) Area 3A & 3B (P1) A Art gallery P P P Auditorium P C C B (Reserved) C Christmas tree lots P P P Churches, temples, religious institutions C C C Communications and microwave installations' Community health clinics -- — C Community center P C P Conference center _ P P P Congregate care housing (including support C , C t✓ P services) 3 N (Reserved) 0 (Reserved) P Parks and recreation P P P Performing arts, theaters and places of public assembly P – C Police/sheriff station P – P Post office – _ – P Public utilities C C C Table 17.22.186B Schedule of Permitted Uses Linfield Christian School Planned Development Overlay District -7 Description of Use Area Description of Use Area 1A & 1B (EI) Area 2 (ER) Area 3A & 3B (PI) Congregate living health facility C C C Construction trailer (temporary) P P P Convalescent homes C P P D – P Golf courses Day care center P P P Day care health center P – P E Educational institution _ C C C F P P P Food services (for campus and special events) P P P G P C P Garages, public parking C – P Golf courses C – P Golf college or sports training facility C – P Government offices P – 1' Government services P – P Group home – – _ – H Helipad or heliport C – C Hospital C – C I—K (Reserved) L Library P P P M Maintenance facility (accessory to primary use only) P C P Modular classrooms (used as interim classroom space) P – P Museum P P P Q (Reserved) 4 Table 17.22.186B Schedule of Permitted Uses Linfield Christian School Planned Development Overlay District -7 Description of Use Area Description of Use Area 1A & 1B (El) Area 2 (ER) Area 3A & 3B (PI) R Radio and broadcasting studios P -- P Recording studios P -- P Religious facilities C C C Residential—single-family detached, school superintendent or dean's home, caretaker home, (accessory to private school use only) P P P Residential—single-family attached or duplex housing for school faculty – _ P Residential—multiple-family housing for school faculty – P - Residential—senior housing – C C Residential—student dorms C C C S Schools, trade or vocational C C C Skilled nursing facility C _ C C Sports and recreation facilities P P P T Trade or vocational schools C C C U Utility offices and service yards C C C V—Z (Reserved) Note: 1. Subject to Section 17.40 of the Temecula Municipal Code Legend: P = Permitted by right in the district C = Permitted by Conditional Use Permit in the district – = Use is prohibited in the district (El) = Educational/Institutional: Planning Areas lA and 1B (ER) = Educational/Residential: Planning Area 2 (PI) = Public/Institutional: Planning Area 3 (Ord. 08-11 §§ 36-38; Ord. 03-09 § 3 Exh. A (part)) 5 PC RESOLUTION NO. 17-17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION APPROVING A DEVELOPMENT PLAN APPLICATION FOR THE CONSTRUCTION OF A 493,044 SQUARE -FOOT INDEPENDENT LIVING, ASSISTED LIVING, AND MEMORY CARE COMMUNITY CONTAINING 317 UNITS GENERALLY LOCATED ON THE SOUTH SIDE OF RANCHO VISTA ROAD, APPROXIMATELY 2,500 FEET EAST OF MARGARITA ROAD. (APN 955-020-018) (PA15-1885)" Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On December 21, 2015 Aaron Walker filed Planning Application Nos. PA15- 1885, a Development Plan Application, and PA15-1886 a Planned Development Overlay Amendment in a manner in accord with the City of Temecula General Plan and Development Code. B. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Commission, at a regular meeting, considered the Application and environmental review on June 21, 2017, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. D. Concurrently with the adoption of this Resolution, the Planning Commission adopted Resolution No. 17-16 recommending that the City Council approve an ordinance amending the "Linfield Christian School Planned Development Over District — 7." This approval is conditioned upon the City Council adopting this ordinance. E. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Development Plan Application PA15-1885: A. The Project was processed including, but not limited to all public notices, in the time and manner prescribed by State and local law, including the California Environmental Quality Act, Public Resources Code 21000, et seq. and the California Environmental Quality Act Guidelines, 14. Cal. Code Regs 15000 et seq. (collectively referred to as "CEQA"). B. Pursuant to CEQA, the City is the lead agency for the Project because it is the public agency with the authority and principal responsibility for approving the Project. C. Pursuant to CEQA, City staff prepared an Initial Study of the potential environmental effects of the approval of the Development Plan Application, as described in the Initial Study ("the Project"). Based upon the findings contained in that study, City staff determined that there was no substantial evidence that the Project could have a significant effect on the environment and a Mitigated Negative Declaration was prepared. D. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration as required by law. The public comment period commenced on September 23, 2016, and ended on October 24, 2016. Copies of the documents have been available for public review and inspection at the offices of the Department of Community Development, located at City Hall, 41000 Main Street, Temecula, California 92590; the Ronald H. Roberts Public Library located at 30600 Pauba Road; Temecula Grace Mellman Community Library located at 41000 County Center Drive; and the City of Temecula website. E. Five written comments were received prior to the public hearing and a response to all the comments made therein was prepared, submitted to the Planning Commission and incorporated into the administrative record of the proceedings. F. The Planning Commission has reviewed the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and all comments received regarding the Mitigated Negative Declaration prior to and at the June 21, 2017 public hearing, and based on the whole record before it finds that: (1) the Mitigated Negative Declaration was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment; and (3) the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. G. Based on the findings set forth in the Resolution, the Planning Commission recommends that the City Council adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program prepared for the Project. Section 3. Further Findings. The Planning Commission, in recommending approval of Development Application PA15-1885 hereby finds, determines and declares that: Development Plan, Development Code Section 17.05.010.F A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City subject to the conditions described herein; The proposed project is in conformance with the General Plan. The site is properly planned and zoned, and as conditioned, is physically suitable for the type of development proposed. The project, as conditioned, is also consistent with other applicable requirements of State law and local Ordinances, including the California Environmental Quality Act (CEQA), the Citywide Design Guidelines, and Fire and Building codes. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare; The overall design of the project, including the site, building, parking, circulation and other associated site improvements, is consistent with, and intended to protect the health and safety of those working and living in an around the site as the project is consistent with the General Plan, City Wide Design Guidelines, and Development Code. The project has been reviewed for, and as conditioned, has been found to be 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. Section 4. Recommendation. The Planning Commission of the City of Temecula recommends that the City Council adopt a Resolution adopting a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program pursuant to CEQA, and approving Planning Application No. PA15-1885, a Development Plan application to allow for the construction of an approximately 493,044 square -foot independent living, assisted living, and memory care community containing 317 units generally located on the south side of Rancho Vista Road, approximately 2,500 feet east of Margarita Road, in substantially the form attached to this Resolution as Exhibit "A", subject to the Conditions of Approval set forth on Exhibit "B", attached hereto, and incorporated herein by this reference, and conditioned upon the City Council's approval of the recommended amendment to the "Linfield Christian School Planned Development Over District - 7" by Council Ordinance. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 21st day of June, 2017. Luke "atson Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) John Telesio, Chairman I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 17-17 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 21st day of June 2017, by the following vote: AYES: 3 PLANNING COMMISSIONERS: GUERRIERO, WATTS, YOUMANS NOES: 0 PLANNING COMMISSIONERS NONE ABSENT: 1 PLANNING COMMISSIONERS TURLEY-TREJO ABSTAIN: 1 PLANNING COMMISSIONERS TELESIO Luke Watson Secretary EXHIBIT A CITY COUNCIL RESOLUTION (DEVELOPMENT PLAN) RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DEVELOPMENT PLAN (PA15- 1885) TO ALLOW FOR THE CONSTRUCTION OF AN APPROXIMATELY 493,044 SQUARE -FOOT INDEPENDENT LIVING, ASSISTED LIVING, AND MEMORY CARE COMMUNITY CONTAINING 317 UNITS GENERALLY LOCATED ON THE SOUTH SIDE OF RANCHO VISTA ROAD, APPROXIMATELY 2,500 FEET EAST OF MARGARITA ROAD. (APN 955-020-018) 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. On December 21, 2015, Aaron Walker filed Planning Application Nos. PA15-1886 a Planned Development Overlay Amendment, and PA15-1885, a Development Plan Application (collectively, "the Project") in a manner in accord with the City of Temecula General Plan and Development Code. B. 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. C. A Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program were prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA"). Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the MND as required by law. The public comment period commenced via the State Clearing House from September 23, 2016 through October 24, 2016. Copies of the documents have been available for public review and inspection at the offices of the Department of Community Development, located at City Hall, 41000 Main Street, Temecula, California 92590; the Ronald H. Roberts Temecula Public Library located at 30600 Pauba Road; Temecula Grace Mellman Community Library located at 41000 County Center Drive; and the City of Temecula website. D. On June 21, 2017, at a duly noticed public hearing as prescribed by law, the Planning Commission considered the Project and any comments received prior to or at the public hearing on June 21, 2017, 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 Project and the MND. E. Following consideration of the entire record before it at the public hearing and due consideration of the proposed Project, the Planning Commission recommended that the City Council adopt the MND, and the Mitigation Monitoring and Reporting Program prepared for the Project. F. At the conclusion of the Planning Commission hearing and after due consideration of the entire record before the Planning Commission hearing, and after due consideration of the testimony regarding the proposed Project, the Planning Commission recommended that the City Council approve the Project including Planning Application Nos. PA15-1886, a Planned Development Overlay Amendment and PA15-1885, a Development Plan. G. On August 8, 2017, the City Council of the City of Temecula considered the Project and the MND and Mitigation Monitoring and Reporting Program 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 Council considered all the testimony and any comments received regarding the Project and the MND and Mitigation Monitoring and Reporting Program prior to and at the public hearing. H. Following the public hearing, the Council adopted Resolution No. 17 - adopting the MND and Mitigation Monitoring and Reporting Program. I. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Legislative Findings. The City Council in approving a Development Plan application to allow for the construction of an approximately 493,044 square -foot independent living, assisted living, and memory care community containing 317 units generally located on the south side of Rancho Vista Road, approximately 2,500 feet east of Margarita Road pursuant to Temecula Municipal Code Section, 17.05.010, hereby finds, determines and declares that: A. The proposed uses are in conformance with the general plan for Temecula and with all applicable requirements of state law and other ordinances of the city. The proposed project is in conformance with the General Plan. The site is properly planned and zoned, and as conditioned, is physically suitable for the type of development proposed. The project, as conditioned, is also consistent with other applicable requirements of State law and local Ordinances, including the California Environmental Quality Act (CEQA), the Citywide Design Guidelines, and Fire and Building codes. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The overall design of the project, including the site, building, parking, circulation and other associated site improvements, is consistent with, and intended to protect the health and safety of those working and living in an around the site as the project is consistent with the General Plan, City Wide Design Guidelines, and Development Code. The project has been reviewed for, and as conditioned, has been found to be 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. Section 3. Conditions of Approval. The City Council of the City of Temecula approves Planning Application No. PA15-1885, a Development Plan application to allow for the construction of an approximately 493,044 square -foot independent living, assisted living, and memory care community containing 317 units generally located on the south side of Rancho Vista Road, approximately 2,500 feet east of Margarita Road (APN 955-020-018), subject to the Conditions of Approval set forth in Exhibit A, attached hereto, and incorporated herein by this reference. Section 4. The City Clerk shall certify to the adoption of this Resolution and it shall become effective upon its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 8th day of August, 2017. ATTEST_ Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ) ss Maryann Edwards, Mayor I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 17- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 8th day of August, 2017, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk EXHIBIT B DRAFT CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA15-1885 Project Description: Planning Application No. PA15-1885, a Development Plan Application for the construction of an approximately 493,044 square -foot independent living, assisted living, and memory care community containing 317 units generally located on the south side of Rancho Vista Road, approximately 2,500 feet east of Margarita Road. Assessor's Parcel No.: 955-020-018 MSHCP Category: Commercial DIF Category: Service Commercial TUMF Category: Service Commercial (Congregate Care Facilities and Nursing Homes) Quimby Category: N/A (Commercial Project) New Street In -lieu of Fee: N/A (Not within the Uptown Temecula Specific Plan Area) Approval Date: August 8, 2017 Expiration Date: August 8, 2020 PLANNING DIVISION Within 48 Hours of the Approval 1. Filing. Notice of Determination. The applicant/developer shall deliver to the Planning Division a cashiers check or money order made payable to the County Clerk in the amount of Two Thousand Two Hundred Sixty-six Dollars and Twenty -Five Cents ($2,266.25) which includes the Two Thousand Two Hundred Sixteen Dollars and Twenty -Five Cents ($2,216.25) fee, required by Fish and Wildlife Code Section 711.4(d)(3) plus the Fifty Dollars ($50.00) County administrative fee, to enable the City to file the Notice of Determination for the Mitigated or Negative Declaration required under Public Resources Code Section 21152 and California Code of Regulations Section 15075. If within said 48-hour period the applicant/ developer has not delivered to the Planning Division the check as required above, the approval for the project granted shall be void due to failure of condition [Fish and Wildlife Code Section 711.4(c)]. General Requirements 2. Indemnification of the City. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City and its attorneys from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. Expiration. This approval shall be used within three years of the approval date; otherwise, it shall become null and void. Use means the beginning of substantial construction contemplated by this approval within the three year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval, or use of a property in conformance with a Conditional Use Permit. 4. Time Extension. The Director of Community Development may, upon an application being filed prior to expiration, and for good cause, grant a time extension of up to five extensions of time, one year at a time. 5. Consistency with Planned Development Overlay. This project and all subsequent projects within this site shall be consistent with Linfield Christian School Planned Development Overlay (PDO -7). 6. Conformance with Approved Plans. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Division. 7. Signage Permits. A separate building permit shall be required for all signage. 8. Landscape Maintenance. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Director of Community Development. If it is determined that the landscaping is not being maintained, the Director of Community Development shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. 9. Graffiti. All graffiti shall be removed within 24 hours on telecommunication towers, equipment, walls, or other structures. 10. Water Quality and Drainage. Other than stormwater, it is illegal to allow liquids, gels, powders, sediment, fertilizers, landscape debris, and waste from entering the storm drain system or from leaving the property. To ensure compliance with this Condition of Approval: a. Spills and leaks shall be cleaned up immediately. b. Do not wash, maintain, or repair vehicles onsite. c. Do not hose down parking areas, sidewalks, alleys, or gutters. d. Ensure that all materials and products stored outside are protected from rain. e. Ensure all trash bins are covered at all times. 11. Paint Inspection. The applicant shall paint a three -foot -by -three-foot section of the building for Planning Division inspection, prior to commencing painting of the building. 12. Materials and Colors. The Conditions of Approval specified in this resolution, to the extent specific items, materials, equipment, techniques, finishes or similar matters are specified, shall be deemed satisfied by City staffs prior approval of the use or utilization of an item, material, equipment, finish or technique that City staff determines to be the substantial equivalent of that required by the Conditions of Approval. Staff may elect to reject the request to substitute, in which case the real party in interest may appeal, after payment of the regular cost of an appeal, the decision to the Planning Commission for its decision. Materials S -Tile Concrete Rafter Tails Stucco Stucco Wrought Iron Railing Garage Doors Window Sills Color Roofing Weathered Terracotta Oxford Brown Egg Shell (X-73) Silverado (X-820) Black Powder Coat Canyon Ridge Walnut Cast Stone 13. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 14. Trash Enclosures. The trash enclosures shall be large enough to accommodate a recycling bin, as well as regular solid waste containers. 15. Trash Enclosures. Trash enclosures shall be provided to house all trash receptacles utilized on the site. These shall be clearly labeled on the site plan. 16. Covered Trash Enclosures. All trash enclosures on site shall include a solid cover and the construction plans shall include all details of the trash enclosures, including the solid cover. 17. Phased Construction. If construction is phased, a construction staging area plan or phasing plan for construction equipment and trash shall be approved by the Director of Community Development. 18. Construction and Demolition Debris. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris and shall provide the Planning Division verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul demolition and construction debris. 19. Public Art Ordinance. The applicant shall comply with the requirements of the City's Public Art Ordinance as defined in Section 5.08 of the Temecula Municipal Code. 20. Property Maintenance. All parkways, including within the right-of-way, entryway median, landscaping, walls, fencing, recreational facilities, and on-site lighting shall be maintained by the property owner or maintenance association. 21. Compliance with MND. The project and all subsequent projects within this site shall comply with all mitigation measures identified within the prepared MND (SCH: 2016091059, June 2017) per the Mitigation Monitoring and Reporting Program 22. Rancho Vista Way Access. On weekdays from 7:00 a.m. to 9:00 a.m. the western driveway, or main entrance, the outbound gate will be closed and traffic will be directed to the eastern driveway. Prior to Issuance of Grading Permit 23. Placement of Transformer. Provide the Planning Division with a copy of the underground water plans and electrical plans for verification of proper placement of transformer(s) and double detector check valves prior to final agreement with the utility companies. 24. Placement of Double Detector Check Valves. Double detector check valves shall be installed at locations that minimize their visibility from the public right-of-way, subject to review and approval by the Director of Community Development. 25. Archaeological/Cultural Resources Grading Note. The following shall be included in the Notes Section of the Grading Plan: "If at any time during excavation/construction of the site, archaeological/cultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Director of Community Development at his/her sole discretion may require the property owner to deposit a sum of money it deems reasonably necessary to allow the City to consult and/or authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the discovery is not an archaeological/ cultural resource, the Planning Director shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeological/cultural resource, the Planning Director shall notify the property owner that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Planning Director." 26. Cultural Resources Treatment Agreement. The developer is required to enter into a Cultural Resources Treatment Agreement with the Pechanga Tribe. The agreement shall be in place prior to issuance of a grading permit. To accomplish this, the applicant should contact the Pechanga Tribe no less than 30 days and no more than 60 days prior to issuance of a grading permit. This Agreement will address the treatment and disposition of cultural resources, the designation, responsibilities, and participation of professional of professional Pechanga Tribal monitors during grading, excavation and ground disturbing activities; project grading and development scheduling; terms of compensation for the monitors; and treatment and final disposition of any cultural resources, sacred sites, and human remains discovered onsite. The Pechanga monitor's authority to stop and redirect grading will be exercised in consultation with the project archaeologist in order to evaluate the significance of any potential resources discovered on the property. Pechanga and archaeological monitors shall be allowed to monitor all grading, excavation and groundbreaking activities, and shall also have the limited authority to stop and redirect grading activities should an inadvertent cultural resource be identified. 27. Discovery of Cultural Resources. The following shall be included in the Notes Section of the Grading Plan: "If cultural resources are discovered during the project construction (inadvertent discoveries), all work in the area of the find shall cease, and the qualified archaeologist and the Pechanga monitor shall investigate the find, and make recommendations as to treatment." 28. Archaeological Monitoring Notes. The following shall be included in the Notes Section of the Grading Plan: "A qualified archaeological monitor will be present and will have the authority to stop and redirect grading activities, in consultation with the Pechanga Tribe and their designated monitors, to evaluate the significance of any potential resources discovered on the property." 29. Tribal Monitoring Notes. The following shall be included in the Notes Section of the Grading Plan: "A Pechanga Tribal monitor will be present and will have the authority to stop and redirect grading activities, in consultation with the project archaeologist and their designated monitors, to evaluate the significance of any potential resources discovered on the property." 30. Relinquishment of Cultural Resources. The following shall be included in the Notes Section of the Grading Plan: "The landowner agrees to relinquish ownership of all cultural resources, including all archaeological artifacts that are found on the project area, to the Pechanga Tribe for proper treatment and disposition." 31. Preservation of Sacred Sites. The following shall be included in the Notes Section of the Grading Plan: "All sacred sites are to be avoided and preserved." 32. MSHCP Pre -Construction Survey. A 30 -day preconstruction survey, in accordance with MSHCP guidelines and survey protocol, shall be conducted prior to ground disturbance. The results of the 30 -day preconstruction survey shall be submitted to the Planning Division prior to scheduling the pre -grading meeting with Public Works. If construction is delayed or suspended for more than 30 days after the survey, the area shall be resurveyed. 33. Burrowing Owl Grading Note. The following shall be included in the Notes Section of the Grading Plan: "No grubbing/clearing of the site shall occur prior to scheduling the pre -grading meeting with Public Works. All project sites containing suitable habitat for burrowing owls, whether owls were found or not, require a 30 -day preconstruction survey that shall be conducted within 30 days prior to ground disturbance to avoid direct take of burrowing owls. If the results of the survey indicate that no burrowing owls are present on-site, then the project may move forward with grading, upon Planning Division approval. If burrowing owls are found to be present or nesting on-site during the preconstruction survey, then the following recommendations must be adhered to: Exclusion and relocation activities may not occur during the breeding season, which is defined as March 1 through August 31, with the following exception: From March 1 through March 15 and from August 1 through August 31 exclusion and relocation activities may take place if it is proven to the City and appropriate regulatory agencies (if any) that egg laying or chick rearing is not taking place. This determination must be made by a qualified biologist." If construction is delayed or suspended for more than 30 days after the survey, the area shall be resurveyed. 34. Precise Grading Plans. A copy of the Precise Grading Plans shall be submitted and approved by the Planning Division. 35. Archaeologist Retained. Prior to beginning project construction, the Project Applicant shall retain a Riverside County qualified/City of Temecula approved archaeological monitor to monitor all ground -disturbing activities in an effort to identify any unknown archaeological resources. Any newly discovered cultural resource deposits shall be subject to a cultural resources evaluation (See PL -4). The archaeological monitor's authority to stop and redirect grading will be exercised in consultation with the Pechanga Tribe in order to evaluate the significance of any potential resources discovered on the property. Pechanga and archaeological monitors shall be allowed to monitor all grading, excavation and groundbreaking activities, and shall also have the limited authority to stop and redirect grading activities should an inadvertent cultural resource be identified. The archaeologist shall provide a final monitoring report at the end of all earthmoving activities to the City of Temecula, the Pechanga Tribe and the Eastern Information Center at UC, Riverside. 36. Human Remains. If human remains are encountered, California Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to California Public Resources Code Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission must be contacted within 24 hours. The Native American Heritage Commission must then immediately identify the "most likely descendant(s)" of receiving notification of the discovery. The most likely descendant(s) shall then make recommendations within 48 hours, and engage in consultations concerning the treatment of the remains as provided in Public Resources Code 5097.98 and the Treatment Agreement described in these conditions. Prior to Issuance of Building Permit 37. Transportation Uniform Mitigation Fee (TUMF). The City of Temecula adopted an ordinance on March 31, 2003 to collect fees for a Riverside County area wide Transportation Uniform Mitigation Fee (TUMF). This project is subject to payment of these fees at the time of building permit issuance. The fees are subject to the provisions of Chapter 15.08 of the Temecula Municipal Code and the fee schedule in effect at the time of building permit issuance. 38. Development Impact Fee (DIF). The developer shall comply with the provisions of Title 15, Chapter 15.06 of the Temecula Municipal Code and all its resolutions by paying the appropriate City fee. 39. Photometric Plan. The applicant shall submit a photometric plan as part of the building plan submittal, including the parking lot, to the Planning Division, which meets the requirements of the Development Code and the Riverside County Palomar Lighting Ordinance 655. All exterior LED light fixtures shall be 3,000 kelvin or below. The parking lot light standards shall be placed in such a way as to not adversely affect the growth potential of the parking lot trees. 40. Construction Landscaping and Irrigation Plans. Four (4) copies of Construction Landscaping and Irrigation Plans shall be reviewed and approved by the Planning Division. These plans shall be submitted as a separate submittal, not as part of the building plans or other plan set. These plans shall conform to the approved conceptual landscape plan, or as amended by these conditions. The location, number, height and spread, water usage or KC value, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance and Water Storage Contingency Plan per the Rancho California Water District. The plans shall be accompanied by the appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal) and one copy of the approved Grading Plan. 41. Landscaping Site Inspections. The Landscaping and Irrigation Plans shall include a note stating, "Three landscape site inspections are required. The first inspection will be conducted at installation of irrigation while trenches are open. This will verify that irrigation equipment and layout is per plan specifications and details. Any adjustments or discrepancies in actual conditions will be addressed at this time and will require an approval to continue. Where applicable, a mainline pressure check will also be conducted. This will verify that the irrigation mainline is capable of being pressurized to 150 psi for a minimum period of two hours without loss of pressure. The second inspection will verify that all irrigation systems are operating properly, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The third inspection will verify property landscape maintenance for release of the one-year landscape maintenance bond." The applicant/owner shall contact the Planning Division to schedule inspections. 42. Agronomic Soils Report. The Landscaping and Irrigation Plans shall include a note on the plans stating, "The contractor shall provide two copies of an agronomic soils report at the first irrigation inspection." 43. Water Usage Calculations. The Landscaping and Irrigation Plans shall include water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance), the total cost estimate of plantings and irrigation (in accordance with approved plan). Applicant shall use evapotranspiration (ETo) factor of 0.70 for calculating the maximum allowable water budget. 44. Landscape Maintenance Program. A landscape maintenance program shall be submitted to the Planning Division for approval. The landscape maintenance program shall detail the proper maintenance of all proposed plant materials to assure proper growth and landscape development for the Tong -term esthetics of the property. The approved maintenance program shall be provided to the landscape maintenance contractor who shall be responsible to carry out the detailed program. 45. Specifications of Landscape Maintenance Program. Specifications of the landscape maintenance program shall indicate, "Three landscape site inspections are required. The first inspection will be conducted at installation of irrigation while trenches are open. This will verify that irrigation equipment and layout is per plan specifications and details. Any adjustments or discrepancies in actual conditions will be addressed at this time and will require an approval to continue. Where applicable, a mainline pressure check will also be conducted. This will verify that the irrigation mainline is capable of being pressurized to 150 psi for a minimum period of two hours without loss of pressure. The second inspection will verify that all irrigation systems are operating properly, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The third inspection will verify property landscape maintenance for release of the one-year landscape maintenance bond." The applicant/owner shall contact the Planning Division to schedule inspections. 46. Irrigation. The landscaping plans shall include automatic irrigation for all landscaped areas and complete screening of all ground mounted equipment from view of the public from streets and adjacent property for private common areas; front yards and slopes within individual lots; shrub planting to completely screen perimeter walls adjacent to a public right-of-way equal to 66 feet or larger; and, all landscaping excluding City maintained areas and front yard landscaping which shall include, but may not be limited to, private slopes and common areas. 47. Hardscaoing. The landscape plans shall include all hardscaping for pedestrian trails within private common areas. 48. Precise Grading Plans. Precise Grading Plans shall be consistent with the approved conceptual grading plans including all structural setback measurements. 49. Building Construction Plans for Outdoor Areas. Building Construction Plans shall include detailed outdoor areas including but not limited to trellises, decorative furniture, fountains, hardscape, gazebos etc. to match the style of the building subject to the approval of the Director of Community Development. 50. WQMP Landscape Compliance. The construction landscape plans shall be consistent with Appendix A, Table 31 of the Low Impact Development (LID) Manual for Southern California for plant materials and treatment facilities, and shall reference the approved precise grading plan for WQMP features. 51. Utility Screening. All utilities shall be screened from public view. Landscape construction drawings shall show and label all utilities and provide appropriate screening. Provide a three-foot clear zone around fire check detectors as required by the Fire Department before starting the screen. Group utilities together in order to reduce intrusion. Screening of utilities is not to look like an after -thought. Plan planting beds and design around utilities. Locate all light poles on plans and ensure that there are no conflicts with trees. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit 52. Screening of Loading Areas. The applicant shall be required to screen all loading areas and roof mounted mechanical equipment from view of the adjacent residences and public right-of-ways. If upon final inspection it is determined that any mechanical equipment, roof equipment or backs of building parapet walls are visible from any portion of the public right-of-way adjacent to the project site, the developer shall provide screening by constructing a sloping tile covered mansard roof element or other screening reviewed and approved by the Director of Community Development. 53. Landscape Installation Consistent with Construction Plans. All required landscape planting and irrigation shall have been installed consistent with the approved construction plans and shall be in a condition acceptable to the Director of Community Development. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 54. Performance Securities. Performance securities, in amounts to be determined by the Director of Community Development, to guarantee the maintenance of the plantings in accordance with the approved construction landscape and irrigation plan, shall be filed with the Planning Division for a period of one year from final Certificate of Occupancy. After that year, if the landscaping and irrigation system have been maintained in a condition satisfactory to the Director of Community Development, the bond shall be released upon request by the applicant. 55. Installation of Site Improvements. All site improvements, including but not limited to, parking areas and striping shall be installed. 56. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Outside Agencies 57. Compliance with Degt. of Environmental Health. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Healths transmittal dated September 26, 2016, a copy of which is attached. 58. Compliance with EMWD. The applicant shall comply with the recommendations set forth in the Eastern Municipal Water District's transmittal dated December 24, 2015, a copy of which is attached. 59. Compliance with County of Riverside Geolooist. The applicant shall comply with the recommendations set forth in the County of Riverside Geologist transmittal dated August 24, 2016, a copy of which is attached. 60. Compliance with RCWD. The applicant shall comply with the recommendations set forth in the Rancho California Water District's transmittal dated December 31, 2015, a copy of which is attached. PUBLIC WORKS DEPARTMENT General Requirements 61. Conditions of Approval. The developer shall comply with all Conditions of Approval, the Engineering and Construction Manual and all City codes/standards at no cost to any governmental agency. 62. Entitlement Approval. The developer shall comply with the approved site plan, the conceptual Water Quality Management Plan (WQMP) and other relevant documents approved during entitlement. Any significant omission to the representation of site conditions may require the plans to be resubmitted for further review and revision. 63. Precise Grading Permit. A precise grading permit for on site improvements (outside of public right-of-way) shall be obtained from Public Works. 64. Haul Route Permit. A haul route permit may be required when soils are moved on public roadways to or from a grading site. The developer/contractor is to verify if the permit is required. If so, he shall comply with all conditions and requirements per the City's Engineering and Construction Manual and as directed by Public Works. 65. Encroachment Permits. Prior to commencement of any applicable construction, encroachment permit(s) are required; and shall be obtained from Public Works for public offsite improvements. 66. Street Improvement Plans. The developer shall submit public/private street improvement plans for review and approval by Public Works. The plans shall be in compliance with Caltrans and City codes/standards; and shall include, but not limited to, plans and profiles showing existing topography, existing/proposed utilities, proposed centerline, top of curb and flowline grades. 67. Right -of -Way Dedications. All easements and/or right-of-way dedications shall be offered to the public or other appropriate agency and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by Public Works. 68, Signing & Striping Plan. A signing & striping plan, designed by a registered civil engineer per the latest edition of Caltrans MUTCD standards, shall be included with the street improvement plans for approval. 69. Storm Drain Improvement Plans. The developer shall submit storm drain improvement plans if the street storm flows exceeds top of curb for the 10 -year storm event and/or is not contained within the street right-of-way for the 100 -year storm event. A manhole shall be constructed at right-of-way where a private and public storm drain systems connect. The plans shall be approved by Public Works. 70. Rancho Vista Road Crosswalk. Relocate the existing crosswalk on Rancho Vista Road adjacent to the Temecula Valley Unified School District Office (31350 Rancho Vista Road) to Rancho Vista Road and Via El Greco/Linfield Village Main Gate entrance to provide a north/south connection. The crosswalk shall include solar powered School Zone Pedestrian Crossing LED signs with wireless sensor activation, and solar powered Pedestrian Motion detection at crosswalk. Prior to Issuance of a Grading Permit 71. Environmental Constraint Sheet (ECS). The developer shall comply with all constraints per the recorded ECS with any underlying maps related to the subject property. 72. Required Clearances. As deemed necessary by Public Works, the developer shall receive written clearances/permits from applicable agencies such as the San Diego Regional Water Quality Board (401 certification), Army Corps of Engineers (404 certification), California Department of Fish and Wildlife (Section 1603 Streambed Alteration Agreement), Metropolitan Water District, and other affected agencies. 73. Grading/Erosion & Sediment Control Pian. The developer shall submit a grading/erosion & sediment control plan(s) to be reviewed and approved by Public Works. All plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site. The approved plan shall include all construction -phase pollution -prevention controls to adequately address non -permitted runoff. Refer to the City's Engineering & Construction Manual at: www.TemeculaCA.gov/ECM 74. Erosion & Sediment Control Securities. The developer shall comply with the provisions of Chapter 24, Section 18.24.140 of the Temecula Municipal Code by posting security and entering into an agreement to guarantee the erosion & sediment control improvements. 75. NPDES General Permit Compliance. The developer shall obtain project coverage under the State National Pollutant Discharge Elimination System (NPDES) General Permit for Construction Activities and shall provide the following: a. A copy of the Waste Discharge Identification Number (WDID) issued by the State Water Resources Control Board (SWRCB); b. The project's Risk Level (RL) determination number; and c. The name, contact information and certification number of the Qualified SWPPP Developer (QSD) Pursuant to the State Water Resources Control Board (SWRCB) requirements and City's storm water ordinance, a Storm Water Pollution Prevention Plan (SWPPP) shall be generated and submitted to the Board. Throughout the project duration, the SWPPP shall be routinely updated and readily available (onsite) to the State and City. Review www.cabmphandbooks.com for SWPPP guidelines. Refer to the following Zink: http://www.waterboards.ca.gov/water issues/programs/stormwater/construction.shtml 76. Water Quality Management Plan (WQMP) and O&M Agreement. The developer shall submit a final WQMP (prepared by a registered professional engineer) with the initial grading plan submittal, based on the conceptual WQMP from the entitlement process. It must receive acceptance by Public Works. A copy of the final project -specific WQMP must be kept onsite at all times. In addition, a completed WQMP Operation and Maintenance (O&M) Agreement shall be submitted for review and approval. Upon approval from City staff, the applicant shall record the O&M agreement at the County Recorder's Office in Temecula. Refer to the WQMP template and agreement link below: www.TemeculaCA.gov/WQMP 77. Area Drainage Plan (ADP) Fee to RCFC&WCD. The developer shall demonstrate to the City that the flood mitigation charge (ADP fee) has been paid to RCFC&WCD. If the full ADP fee has already been credited to this property, no new charge will be required. 78. Drainage. All applicable drainage shall be depicted on the grading plan and properly accommodated with onsite drainage improvements and water quality facilities, which shall be privately maintained. Alterations to existing drainage patterns or concentration and/or diverting flows is not allowed unless the developer constructs adequate drainage improvements and obtains the necessary permissions from the downstream property owners. All drainage leaving the site shall be conveyed into a public storm drain system, if possible. The creation of new cross lot drainage is not permitted. 79. Soils Report. A soils report, prepared by a registered soil or civil engineer, shall be submitted to Public Works with the initial grading plan submittal. The report shall address the site's soil conditions and provide recommendations for the construction of engineered structures and preliminary pavement sections. 80. Geological Report. The developer shall complete any outstanding County geologist's requirements, recommendations and/or proposed Conditions of Approval as identified during entitlement. 81. Letter of Permission/Easement. The developer shall obtain documents (letters of permission or easements) for any offsite work performed on adjoining properties. The document's format is as directed by, and shall be submitted to, Public Works for acceptance. The document information shall be noted on the approved grading plan. 82. Ingress/Egress Easement. The developer shall obtain an easement for ingress and egress over adjacent properties. The easement information shall be noted on the approved grading plan. 83. Gate Entrances. If gates are being proposed at project entrances, the configuration, stacking distance and turn -around ability shall be reviewed and approved by Public Works and the Fire Department. 84. Sight Distance. The developer shall limit landscaping in the corner cut-off area of all street intersections and adjacent to driveways to provide for minimum sight distance and visibility. 85. Habitat Conservation Fee. The developer shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in the ordinance or by providing documented evidence that the fees have already been paid. Prior to Issuance of Encroachment Permit(s) 86. Public Utility Agency Work. The developer shall submit all relevant documentation due to encroaching within City right-of-way; and is responsible for any associated costs and for making arrangements with each applicable public utility agency. 87. Traffic Control Plans. A construction area traffic control plan (TCP) will be required for lane closures and detours or other disruptions to traffic circulation; and shall be reviewed and approved by Public Works. The TCP shall be designed by a registered civil or traffic engineer in conformance with the latest edition of the Caltrans Manual on Uniform Traffic Control Devices (MUTCD) and City standards. 88. Improvement Plans. All improvement plans (including but not limited to street and storm drain) shall be reviewed and approved by Public Works. 89. Street Trenching. All street trenches shall conform to City Standard No. 407; refer to the City's Paving Notes. Prior to Issuance of Building Permit(s) 90. Construction of Street Improvements. All street improvement plans shall be approved by Public Works. The developer shall start construction of all public and/or private street improvements, as outlined below, in accordance to the City's General Plan/Circulation Element and corresponding City standards. All street improvement designs shall provide adequate right-of-way and pavement transitions per Caltrans' standards to join existing street improvements. a. Rancho Vista Road along property frontage (Secondary Arterial (4 lanes undivided) Highway Standard No. 102 — 88' R/W) to include dedication of half -width street right-of-way, installation of half -width street improvements, paving, curb and gutter, sidewalk, streetlights, drainage facilities, signing and striping and utilities (including but not limited to water and sewer). b. Linfield Way - Private Street to include dedication for public utilities and emergency vehicle access, installation of street improvement as shown on the approved site plan. 91. Street Lights. The developer shall submit a completed SCE street Tight application, an approved SCE Streetlight Plan and pay the advanced energy fees. If not obtaining a building permit, this shall be done prior to installation of additional street lighting. All costs associated with the relocation of any existing street lights shall be paid by the developer. 92. Certifications. Certifications are required from the registered civil engineer -of -record certifying the building pad elevation(s) per the approved plans and from the soil's engineer -of -record certifying compaction of the building pad(s). Prior to Issuance of a Certificate of Occupancy 93. Completion of Improvements. The developer shall complete all work per the approved plans and Conditions of Approval to the satisfaction of the City Engineer. This includes all on site work (including water quality facilities), public improvements and the executed WQMP Operation and Maintenance agreement. 94. Utility Agency Clearances. The developer shall receive written clearance from applicable utility agencies (i.e., Rancho California and Eastern Municipal Water Districts, etc.) for the completion of their respective facilities and provide to Public Works. 95. Replacement of Damaged Improvements/Monuments. Any appurtenance damaged or broken during development shall be repaired or removed and replaced to the satisfaction of Public Works. Any survey monuments damaged or destroyed shall be reset per City Standards by a qualified professional pursuant to the California Business and Professional Code Section 8771 96. Certifications. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by Public Works. BUILDING AND SAFETY DIVISION General Requirements 97. Final Building and Safety Conditions. Final Building and Safety conditions will be addressed when building construction plans are submitted to Building and Safety for review. These conditions will be based on occupancy, use, the California Building Code (CBC), and related codes which are enforced at the time of building plan submittal. 98. Compliance with Code. All design components shall comply with applicable provisions of the 2016 edition of the California Building, Plumbing and Mechanical Codes; 2016 California Electrical Code; California Administrative Code, 2016 California Energy Codes, 2016 California Green Building Standards, California Title 24 Disabled Access Regulations, and City of Temecula Municipal Code. 99. ADA Access. Applicant shall provide details of all applicable disabled access provisions and building setbacks on plans to include: a. All ground floor units to be adaptable. b. Disabled access from the public way to the main entrance of the building. c. Van accessible parking located as close as possible to the main entry. d. Path of accessibility from parking to furthest point of improvement. e. Path of travel from public right-of-way to all public areas on site, such as club house, trash enclose tot Tots and picnic areas. 100. County of Riverside Mount Palomar Ordinance. Applicant shall submit, at time of plan review, a complete exterior site lighting plan showing compliance with County of Riverside Mount Palomar Ordinance Number 655 for the regulation of light pollution. All streetlights and other outdoor lighting shall be shown on electrical plans submitted to the Building and Safety Division. Any outside lighting shall be hooded and aimed not to shine directly upon adjoining property or public rights-of-way. 101. Street Addressing. Applicant must obtain street addressing for all proposed buildings by requesting street addressing and submitting a site plan for commercial or multi -family residential projects or a recorded final map for single-family residential projects. 102. Clearance from TVUSD. A receipt or clearance letter from the Temecula Valley Unified School District shall be submitted to the Building and Safety Department to ensure the payment or exemption from School Mitigation Fees. 103. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 104. Obtaining Separate Approvals and Permits. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. 105. Demolition. Demolition permits require separate approvals and permits. 106. Sewer and Water Plan Approvals. On-site sewer and water plans will require separate approvals and permits. 107. Hours of Construction. Signage shall be prominently posted at the entrance to the project, indicating the hours of construction, as allowed by the City of Temecula Municipal Ordinance 9.20.060, for any site within one-quarter mile of an occupied residence. The permitted hours of construction are Monday through Saturday from 7:00 a.m. to 6:30 p.m. No work is permitted on Sundays and nationally recognized Government Holidays. 108. House Electrical Meter. Provide a house electrical meter to provide power for the operation of exterior lighting, irrigation pedestals and fire alarm systems for each building on the site. Developments with single user buildings shall clearly show on the plans how the operation of exterior lighting and fire alarm systems when a house meter is not specifically proposed. 109. Protection of drains and penetration. Protection of joints and penetrations in fire resistance -rated assemblies shall not be concealed from view until inspected for all designed fire protection. Required fire seals/fire barriers in fire assemblies at fire resistant penetrations shall be installed by individuals with classification or certification covering the installation of these systems. Provide certification for the installation of each area and certification of compliance for Building Official's approval. At Plan Review Submittal 110. Submitting Plans and Calculations. Applicant must submit to Building and Safety four (4) complete sets of plans and two (2) sets of supporting calculations for review and approval including: a. An electrical plan including load calculations and panel schedule, plumbing schematic, and mechanical plan applicable to scope of work. b. A Sound Transmission Control Study in accordance with the provisions of the Section 1207, of the 2016 edition of the California Building Code. c. A precise grading plan to verify accessibility for persons with disabilities. d. Truss calculations that have been stamped by the engineer of record of the building and the truss manufacturer engineer. Prior to Issuance of Grading Permit(s) 111. Onsite Water and Sewer Plans. Onsite water and sewer plans, submitted separately from the building plans, shall be submitted to Building and Safety for review and approval. 112. Demolition Permits. A demolition permit shall be obtained if there is an existing structure to be removed as part of the project. Prior to Issuance of Building Permit(s) 113. Plans Require Stamp of Registered Professional. Applicant shall provide appropriate stamp of a registered professional with original signature on the plans. Prior to Beginning of Construction 114. Pre -Construction Meeting. A pre -construction meeting is required with the building inspector prior to the start of the building construction. FIRE PREVENTION General Requirements 115. Fire Hydrants. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix C. Standard fire hydrants (6" x 4" x (2) 2 1/2" outlets) shall be located on fire access roads and adjacent public streets. For all Commercial and multi -family projects hydrants shall be spaced at 350 feet apart, and shall be located no more than 210 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The fire line may be required to be a looped system. 116. Fire Flow. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial and residential buildings per CFC Appendix B. The developer shall provide for this project, a water system capable of delivering 4,000 GPM at 20 -PSI residual operating pressure for a 4 -hour duration for multi -family and commercial projects. The fire flow as given above has taken into account all information as provided. (CFC Appendix B and Temecula City Ordinance 15.16.020). Prior to Issuance of Grading Permit(s) 117. Access Road Widths. Fire Department vehicle access roads shall have an unobstructed width of not less than 24 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches (CFC Chapter 5 and City Ordinance 15.16.020). 118. All Weather Access Roads. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be with a surface to provide all-weather driving capabilities. Access roads shall be 80,000 lbs. GVW with a minimum of AC thickness of .25 feet. In accordance with Section 3310.1, prior to building construction, all locations where structures are to be built shall have fire apparatus access roads. (CFC Chapter 5 and City Ordinance 15.16.020). Prior to Issuance of Building Permit(s) 119. Required Submittals (Fire Underground Water). The developer shall furnish three copies of the water system plans to the Fire Prevention Bureau for approval prior to installation for all private water systems pertaining to the fire service loop. Plans shall be signed by a registered civil engineer, contain a Fire Prevention Bureau approval signature block, and conform to hydrant type, location, spacing and minimum fire flow standards. Hydraulic calculations will be required with the underground submittal to ensure fire flow requirements are being met for the on-site hydrants. The plans must be submitted and approved prior to building permit being issued. The Fire department Connections (FDC"S) will be free standing for buildings 'B' and 'A' and Building 'C' FDC's can be wall mounted since these are multi family type structures. 120. Required Submittals (Fire Sprinkler Systems). Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. These plans must be submitted prior to the issuance of building permit. 121. Required Subrnittals (Fire Alarm Systems). Fire alarm plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. The fire alarm system is required to have a dedicated circuit from the house panel. These plans must be submitted prior to the issuance of building permit. Prior to Issuance of Certificate of Occupancy 122. Address Directory (Multi -Family). A directory display monument sign shall be required for apartment, condominium, townhouse or mobile home parks. Each complex shall have an illuminated diagrammatic layout of the complex which indicates the name of the complex, all streets, building identification, unit numbers, and fire hydrant locations within the complex. Location of the sign and design specifications shall be submitted to and be approved by the Fire Prevention Bureau prior to installation. 123. Gates and Access. All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by fire fighting personnel (CFC Chapter 5). 124. Hydrant Verification. Hydrant locations shall be identified by the installation of reflective markers (blue dots) (City Ordinance 15.16.020). 125. Knox Box. A "Knox -Box" shall be provided. The Knox -Box shall be installed a minimum of six feet in height and be located to the right side of the fire riser sprinkler room (CFC Chapter 5). 126. Site Plan. The applicant shall prepare and submit to the Fire Department for approval, a site plan designating fire lanes with appropriate lane painting and/or signs (CFC Chapter 5). POLICE DEPARTMENT General Requirements 127. Landscape Height. The applicant shall ensure all landscaping surrounding all buildings are kept at a height of no more than three feet or below the ground floor window sills. Plants, hedges and shrubbery shall be defensible plants to deter would-be intruders from breaking into the buildings utilizing lower level windows. 128. Tree Pruning. The applicant shall ensure all trees surrounding all building rooftops be kept at a distance to deter roof accessibility by "would-be burglars." Since trees also act as a natural ladder, the branches must be pruned to have a six-foot clearance from the buildings. 129. Berm Height. Berms shall not exceed three feet in height. 130. Parking Lot Lighting. All parking lot lighting shall be energy saving and minimized after hours of darkness and in compliance with Title 24, Part 6, of the California Code of Regulations. 131. Exterior Door Lighting. All exterior doors shall have a vandal resistant light fixture installed above the door. The doors shall be illuminated with a minimum one -foot candle illumination at ground level, evenly dispersed. 132. Exterior Building Lighting. All lighting affixed to the exterior of buildings shall be wall mounted Tight fixtures to provide sufficient lighting during hours of darkness. 133. Outdoor Lighting During Non -Business Hours. The applicant shall comply with the Governor's order to address the power crisis. This order became effective March 18, 2001 calling for a substantial reduction from businesses to cut usage during non -business hours. The order, in part, states, "All California retail establishments, including, but not limited to, shopping centers, auto malls and dealerships, shall substantially reduce maximum outdoor lighting capability during non -business hours except as necessary for the health and safety of the public, employees or property." Failure to comply with this order following a warning by law enforcement officials shall be punishable as a misdemeanor with a fine not to exceed $1,000 in accordance with Title 24, Part 6, of the California Code of Regulations. 134. Commercial or Institutional Grade Hardware. All doors, windows, locking mechanisms, hinges, and other miscellaneous hardware shall be commercial or institution grade. 135. Graffiti Removal. Any graffiti painted or marked upon the buildings must be removed or painted over within 24 hours of being discovered. Report all such crimes to the Temecula Police 24-hour dispatch Center at (951) 696 -HELP. 136. Alarm System. Upon completion of construction, the buildings shall have a monitored alarm system installed and monitored 24 hours a day by a designated private alarm company to notify the Temecula Police Department of any intrusion. All multi -tenant offices/suites/businesses located within a specific building shall have their own alarm system. This condition is not applicable if the business is opened 24/7. 137. Roof Hatches. All roof hatches shall be painted "International Orange." 138. Rooftop Addressing. The construction plans shall indicate the application of painted rooftop addressing plotted on a nine -inch grid pattern with 45 -inch tall numerals spaced nine inches apart. The numerals shall be painted with a standard nine -inch paint roller using fluorescent yellow paint applied over a contrasting background. The address shall be oriented to the street and placed as closely as possible to the edge of the building closest to the street. 139. Public Telephones. Any public telephones located on the exterior of the buildings shall be placed in a well -lit, highly visible area, and installed with a "call -out only" feature to deter loitering. This feature is not required for public telephones installed within the interior of the buildings. 140. ADA Parking. All disabled parking stalls on the premises shall be marked in accordance with Section 22511.8 of the California Vehicle Code. 141. Knox Boxes. Knox boxes with Police access are required at each gate leading into the property. "Where access to or within a structure or an area is restricted because of secured opening or where immediate access is necessary for life-saving purposes, the Temecula Police Department is authorized to require a key box to be installed in an approved location. The key box shall be of an approved type and shall contain keys to gain necessary access. 142. Crime Prevention Through Environmental Design. Crime prevention through environmental design as developed by the National Crime Prevention Institute (NCPI) supports the concept that "the proper design and effective use of the built environment can lead to a reduction in the fear and incidence of crime and an improvement in the quality of life." The nine primary strategies that support this concept are included as conditions below: a. Provide clear border definition of controlled space. Examples of border definition may include fences, shrubbery or signs in exterior areas. Within a building, the arrangement of furniture and color definition can serve as a means of identifying controlled space. b. Provide clearly marked transitional zones. Persons need to be able to identify when they are moving from public to semi-public to private space. c. Gathering or congregating areas to be located or designated in locations where there is good surveillance and access control. d. Place safe activities in unsafe locations. Safe activities attract normal users to a location and subsequently render the location less attractive to abnormal users due to observation and possible intervention. e. Place unsafe activities in safe locations. Placing unsafe activities in areas of natural surveillance or controlled access will help overcome risk and make the users of the areas feel safer. f. Redesign the use of space to provide natural barriers. Separate activities that may conflict with each other (outdoor basketball court and children's play area, for example) by distance, natural terrain or other functions to avoid such conflict. g. Improve scheduling of space. The timing in the use of space can reduce the risk for normal users and cause abnormal users to be of greater risk of surveillance and intervention. h. Redesign space to increase the perception of natural surveillance. Abnormal users need to be award of the risk of detection and possible intervention. Windows and clear lines -of -sight serve to provide such a perception of surveillance. i. Overcome distance and isolation. This strategy may be accomplished through improved communications (portable two-way radios, for example) and design efficiencies, such as the location of restrooms in a public building. 143. Business Security Survey. Businesses desiring a business security survey of their location can contact the Crime Prevention and Plans Unit of the Temecula Police Department at (951) 695-2773. 144. Questions Regarding Conditions. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 695-2773. County of Riverside DEPARTMENT OF ENVIRONMENTAL HEALTH September 26, 2016 City of Temecula Planning Department Attn: Scott Cooper 41000 Main Street Temecula, CA 92590 P.O. BOX 7909 • RIVERSIDE, CA 92513-7909 STEVE VAN STOCKUM, DIRECTOR SUBJECT: CITY OF TEMECULA — Planning Application PA15-1885 Linfield Senior Apartments APN:955-020-018 Dear Mr. Cooper: The project listed in the subject heading of this letter is proposing a development plan for a 483,500 square -foot Senior Apartments, Assisted Living and Memory Care Community containing 330 units, offices, day spa, health club, medical clinic, theater, chapel, library, art studio, and eating areas in the city of Temecula. The Department of Environmental Health (DEH) offers the following comments: WATER AND WASTEWATER A general condition shall be placed on this project indicating that it will be serviced by Rancho California Water District (RCWD) for water and Eastern Municipal Water District (EMWD) for sanitary sewer service. As the sewer agency, EMWD shall have the responsibility of determining any grease interceptor or other requirements, including but not limited to sizing capacity and other structural specifications. Please note that it is the responsibility of the proposed facility to ensure that all requirements to receive potable water service and sanitary sewer service are met with the appropriate purveyors, as well as, all other applicable agencies. Note: A General Condition shall be placed on this project indicating that any existing wells and/or existing onsite wastewater treatment systems (OWTS) shall be properly removed and/or abandoned under permit with the Department of Environmental Health (DEH). Office Loo; tionv; J B yte 4 Coroni] • Hernet • India • Murr:Pa!Springs • Riverside Phone (8881,/2,2.4234 ENVIRONMENTAL CLEANUP PROGRAM (ECP) Based on the information provided in the environmental assessment document submitted for this project and a site visit conducted by Riverside County Department of Environmental Health - Environmental Cleanup Programs (RCDEH-ECP) staff and with the provision that the information was accurate and representative of site conditions, RCDEH-ECP concludes no further environmental assessment is required for this project. If contamination or the presence of a naturally occurring hazardous material is discovered at the site, assessment, investigation, and/or cleanup may be required. Contact RCDEH-ECP at (951) 955-8980, for further information. HAZARDOUS MATERIALS MAiNA(;ENiENT BRAN( -11 (lH ThIR) Prior to conducting a Building Final, the facility shall require a business emergency plan for the storage of any hazardous materials, greater than 55 gallons, 200 cubic feet or 500 pounds, or any acutely hazardous materials or extremely hazardous substances. If further review of the site indicates additional environmental health issues, HMMB reserves the right to regulate the business in accordance with applicable County Ordinances. Please contact HMMB at (951) 358- 5055 to obtain information regarding any additional requirements. DISTRICT ENVIRONMENTAL SERVICES — PUBLIC/SEMI-PUBLIC FOOD FACILITY Prior to issuance of a building permit, the applicant shall be required to contact DEH District Environmental Services to determine the appropriate food facility plan check and/or permitting requirements if any type of food facility is proposed. For further information, please call (951) 461-0284. County of Riverside, Department of Environmental Health District Environmental Services - Murrieta Office 38740 Sky Canyon Drive, Suite "A" Murrieta CA 92563 LOCAL. ENFORCEMENT AGENCY (LE.ij The applicant shall contact the County of Riverside, Local Enforcement Agency at (951) 955- 8980 for any plan check and/or permitting requirements. Please note that the Medical Waste Management Act (MWMA), Section 117705 of the California Health and Safety Code, considers any person whose act or process produces medical waste to be a "medical waste generator" in California (e.g., a facility or business that generates, and/or stores medical waste onsite). Medical waste generators may be either large quantity (LQG = > 200 lbs / month), or small quantity generators (SQG = < 200 lbs / month). Medical waste generators shall register with the LEA. OFFICE OF INDUSTRIAL HYGIENE (IH) Noise Consultant: Michael Baker International Noise Study: "Generations Project — Noise Technical Memorandum," July 22, 2016 Based on the County of Riverside, Industrial Hygiene Program's review of the aforementioned Noise Study, PA15-1885 shall comply with recommendations set forth under the Industrial Hygiene's Program's response letter dated September 20, 2016 c/o Steven Uhlman. For further information, please contact Industrial Hygiene Program at (951)955-8980. Should you have any further questions or require further assistance, please contact me by email at LakinkTrivcocha.org or by phone at (951) 955-8980. Sincerely, Kristine ICCAm, RE Environmental Protection and Oversight Division Land Use and Water Resources Program SR35316 Board of Directors President Randy A. Record Vice President David J. Slawson Directors Joseph J Kuebler, CPA Philip E. Paule Ronald W Sullivan General Manager Paul D. Jones II, P.E. Treasurer Joseph J. Kuebler, CPA Chairman of the Board, The Metropolitan Water District of So. Calif Randy A. Record Legal Counsel Lemieux & O'Neill EATLftN MUNICIPAL WATER DI STR1C;T SINCE 1950 December 24, 2015 City of Temecula Planning Department 41000 Main Street Temecula, CA 92590 Attention: Scott Cooper Subject: Generations Retirement Village — DP; PA 15-1885 APN: 955-020-006 Location: 31950 Pauba Road The subject project requires sewer service from EMWD. The details of said service connection points will be further detailed in a separate document, known as EMWD's Plan of Service (POS), to be developed by the project proponent and approved by EMWD. The POS evaluation will identify the potential requirement to construct new facilities, such as on-site and offsite sewer pipelines, facilities relocation related to conflicts with proposed improvements, (such as street realignments, street vacations, proposed medians and additional soil import), as well as associated easements and/or Right -of - Way Permits to adequately serve the project demands. The subject project is an active project with EMWD's New Business Department, with sewer service Work Order Numbers 15431 and 15432 and Project Record Number WS2015-318. To date, a final POS has not been completed to identify on-site and offsite facilities required to serve this project. If you have questions or concems, please do not hesitate to contact me. Sincerely ll� alit*" ri Maroun El- age, M.S., P.E. Senior Civil Engineer New Business Development (951) 928-3777 x4468 ell ivy Li urs ME:emn Attachment Mailing Address: Post Office Box 8300 Perris, CA 92572-8300 Telephone: (95 1) 928-3777 Fax: (951) 928-6177 Location: 2270 Trumble Road Perris, CA 92570 Internet: www.emwd,org RIVERSIDE COUNTY ATV PLANNING DEPARTMENT Steven Weiss Planning Director August 24, 2016 Pages 2 (including this cover) City of Temecula Planning Department Attention: Scott Cooper (scott cooper�7a c oftemecula.arq) RE: GE002510 Conditions of Approval Generations @ Linfield Development Plan City of Temecula Case No. PA15-1885 County Geologic Report GEO No. 2510, submitted for the project PM36098 (APN 955-020-006), City of Temecula Case No. PA15-1885, was prepared by Alta California Geotechnical, Inc. The report is titled; "Geotechnical Investigation, Linfield Property, City of Temecula, California," dated June 15, 2015. In addition, the following document was submitted for the project "Conceptual Grading Plan, Linfield Village, City of Temecula, CA", 2 sheets, Job No. 14.1494.1, undated, by KWC Engineers. These documents are hereby incorporated as a part of GEO No. 2510. GEO No. 2510 concluded: 1. Active faults are not known to exist within the project and a review of Special Publication 42 indicates the site is not within the California State designated Alquist- Priolo earthquake fault zones. Accordingly, the potential for fault surface rupture on the subject site is very low. 2. Based on the groundwater depth, the dense nature of the Pauba Formation and the remedial grading requirements, it is Alta's opinion that, upon the completion of grading, the Linfield site will have a very low potential for liquefaction. 3. Upon completion of the recommended remedial grading, the potential for dry sand settlement to occur onsite will be considered low. 4. Due to lack of existing landslides, weak -strength bedrock claystones and proposed high slopes or existing high slopes within or nearby the property, seismically induced landsliding is not anticipated to pose a danger to the site. 5. Groundwater is not considered a constraint for the proposed development. Riverside Office • 4080 Lemon Street, 12th Floor P O. Box 1409, Riverside, California 92502-1409 (951) 955-3200 • Fax (951) 955-1811 Desert Office • 77588 El Duna Court Palm Desert, Califomia 92211 (760) 863-8277 • Fax (760) 863-7555 GEO No. 2510 recommended: 1. Vegetation, construction debris, and other deleterious materials are unsuitable as structural fill material and should be disposed of off-site prior to commencing grading/construction. 2. All uncompacted artificial fill should be completely removed and recompacted to project specifications prior to the placement of engineered fill. 3. All onsite alluvium and topsoil are unsuitable for the support of the proposed engineered fills and/or structures and should be completely removed and recompacted to project specifications prior to fill placement. 4. Six- and eight -inch canyon subdrains should be constructed in canyon drainages in accordance with the recommendations of this report. 5. Additional over -excavation may be recommended if expansive soils are encountered near final pad grade. GEO No. 2510 satisfies the requirement for a geologic/geotechnical study for Planning/CEQA purposes. GEO No. 2510 is hereby accepted) for planning purposes. Engineering and other Building Code parameters were not included as a part of this review or approval. This approval is not intended and should not be misconstrued as approval for grading permit. Engineering and other building code parameters should be reviewed and additional comments and/or conditions may be imposed by the City of Temecula upon application for grading and/or building permits. Thank you for the opportunity to review this case for the City of Temecula. Please call me at (951) 955-6187 if you have any questions. Sincerely, RIVERSIDE COUNTY PLANNING DEPARTMENT Steven Weiss, Planning Director if F/14,4 Daniel P. Walsh, CEG No. 2413 Associate Engineering Geologist, TLMA-Planning Cc: Alta California Geotechnical. Inc., Attn: Dave Murphy (lave mushy alta +eotech Generations Construction, LLC., Attn: Aaron Walker ( 1 ) B:1Geology\Temecula Reviews\GE02510 Approval for PA15-1885.docx N1' l:r1�-t— s}; J �. Ittli;.llrV t111,1,. II In, rats Board of Directors John E. Hoagland President Stephen J. Corona Ben R. Drake Lisa U. Herman Danny J. Martin William E. Plummer Bill J. Wilson Officer,; Jeffrey D. Armstrong General Manager Richard R. Aragon, CPFO Director of finan•.e/ reasurer Jssne A. Martin Director of Administration Rich OtloEni, R.F..H.S., MSL Interim Director of Operations de Maintenance Andrew L. Webster, P.E. Chief L•ngince.r Kelli E. Garcia Distric.' Secretary James B, Gilpin Best Best & Krieger LLP General Counsel December 31, 2015 Scott Cooper City of Temecula 41000 Main Street Temecula, CA 92590 SUBJECT: WATER AVAILABILITY PA15-1885; RANCHO VISTA ROAD PARCEL 'C' OF LIA NO. PA -02-0246 APN 955-020-006 [AARON WALKER] Dear Mr. Cooper: Please be advised that the above -referenced project/property is located within the service boundaries of Rancho California Water District (RCWD/District). The subject project/property fronts an existing 12 -inch diameter water pipeline (1380 Pressure Zone) within Rancho Vista Road, which may not provide adequate water pressure and capacity to the project. The nearest water facility from the 1485 Pressure Zone is a 12 -inch main within Rancho Vista Road, approximately 100 feet northeast of the northern property corner. Please refer to the enclosed exhibit map. Water service to the subject project/property does not exist. Additions or modifications to water service arrangements are subject to the Rules and Regulations (governing) Water System Facilities and Service, as well as the completion of financial arrangements between RCWD and the property owner. Water service to individual lots will require the extension of water facilities within dedicated public and/or private right-of-ways. Individual water meters will be required for each lot and/or project unit, including separate water services/meters for domestic service, fire service, and landscape irrigation service, as applicable. Water availability is contingent upon the property owner(s) destroying all on- site wells and signing an Agency Agreement that assigns water management rights, if any, to RCWD. In addition, water availability is subject to water supply shortage contingency measures in effect (pursuant to RCWD's Water Shortage Contingency Plan or other applicable ordinances and policy), and/or the adoption of a required Water Supply Assessment for the development, as determined by the Lead Agency. 51PD:habOl 51F4501FEG Rancho California Water District r @u.�d "o,i ulhce nr.= 911 I t, osl)'1c 69011 Scott Cooper/City of Temecula December 31, 2015 Page Two In accordance with Resolution 2007-10-5, the project/property will be required to use recycled water for all landscape irrigation, which should be noted as a condition for any subsequent development plans. Recycled water service, therefore, would be available upon construction of any required on-site and/or off-site recycled water facilities and the completion of financial arrangements between RCWD and the property owner. Requirements for the use of recycled water are available from RCWD. As soon as feasible, and prior to the preparation of California Environmental Quality Act (CEQA) documents, the project proponent should contact RCWD for a determination of existing water system capability, based upon project -specific demands and/or fire flow requirements, as well as a determination of proposed water facilities configuration. If new facilities are required for service, fire protection, or other purposes, the project proponent should contact RCWD for an assessment of project -specific fees and requirements. As a result of anticipated low water service pressure to the subject project/property, property owner(s) may be required to sign an acknowledgement of low water service pressure when service arrangements are made or modified. Sewer service to the subject project/property, if available, would be provided by Eastern Municipal Water District. If no sewer service is currently available to the subject project/property, all proposed waste discharge systems must comply with the State Water Resources Control Board, health department, and/or other requirements as they relate to the protection of groundwater quality, pursuant to RCWD's Groundwater Protection Policy. If you should have any questions or need additional information, please contact an Engineering Services Representative at the District office at (951) 296-6900. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Phillip Dauben Associate Engineer Enclosure: Exhibit Map cc Corey Wallace, Engineering Manager-CIP & Development Phillip Dauben, Associate Engineer Heath McMahon, Construction Contracts Manager Corry Smith, Engineering Services Supervisor Aaron Walker, Generations, LLC 15 1 PD abOl 51F4501FEG Rancho California Water Dintric, Exhibit Map Legend f Hydrant POTABLE Parcels STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: June 21, 2017 TO: Planning Commission Chairperson and members of the Planning Commission FROM: Luke Watson, Director of Community Development PREPARED BY: Scott Cooper, Case Planner PROJECT Planning Application Nos. PA15-1885, a Development Plan SUMMARY: Application, and PA15-1886 a Planned Development Overlay Amendment for the construction of an approximately 493,044 square - foot independent living, assisted living, and memory care community containing 317 units generally located on the south side of Rancho Vista Road, approximately 2,500 feet east of Margarita Road. RECOMMENDATION: Adopt the proposed Planning Commission Resolutions recommending City Council approval of (1) a development plan, subject to conditions of approval, (2) a planned development overlay amendment, and (3) approval of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program CEQA: Mitigated Negative Declaration with Mitigation Monitoring and Reporting Program PROJECT DATA SUMMARY Name of Applicant: Aaron Walker General Plan Designation: Public Institutional (PI) Zoning Designation: Planned Development Overlay (PDO -7) Existing Conditions/ Land Use: Site: Vacant, Linfield Christian School / Public Institutional (PI) North: Rancho Vista Road, Single Family Residential / Low Medium Density Residential (LM) South: Pauba Road, Single Family Residential, Paloma Elementary School / Low Medium Residential (LM), Public Institutional (PI) East: Single Family Residential / Very Low Density Residential (VL) West: Temecula Valley High School / Public Institutional (PI) Lot Area: Existinq/Proposed Min/Max Allowable or Required 15.58 Acres 0.16 Acres Total Floor Area/Ratio: 0.72 N/A Landscape Area/Coverage: 34.0% Proposed 25.0% Minimum Parking Provided/Required: 265 Parking Spaces 193 Parking Spaces Required Proposed BACKGROUND SUMMARY On December 21, 2015, Aaron Walker submitted Planning Applications PA15-1885, a Development Plan Application, and PA15-1886 a Planned Development Overlay Amendment for the construction of an approximately 493,044 square -foot independent living, assisted living, and memory care community containing 317 units, generally located on the south side of Rancho Vista Road, approximately 2,500 feet east of Margarita Road. The application proposes the development and operation of a congregate care facility consisting of nine structures collectively known as the Linfield Village Senior Living Community. There were three community meetings organized by the applicant that City Staff attended at the Linfield Christian School on July 11, 2016, November 30, 2016 and February 27, 2017, at which there were presentations by Linfield Christian School and Generations, along with a question and answer session at each meeting. A Mitigated Negative Declaration (MND) was prepared for the project as discussed in the "Environmental Determination" section of this staff report. Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. ANALYSIS Site Plan The project is located in Planning Area 3A of the Linfield Christian School Planned Development Overlay (PDO -7), generally located on the south side of Rancho Vista Road, approximately 2,500 feet east of Margarita Road on an undeveloped lot. The project is for the construction of an approximately 493,044 square -foot independent living, assisted living, and memory care community containing 317 units. The project is broken up into three buildings or building types: Building A is the main building of the community and is approximately 356,352 square feet, including a parking garage, located along Rancho Vista Road. The building varies in number of stories from two and three stories, over parking garage, along Rancho Vista Road to four stories over a partial parking garage in the middle and the south side of the building adjacent to the Linfield Christian School. Within Building A are 226 independent living, assisted living, and memory care units along with an approximately 9,319 square foot theater for theatrical performances, a vitality center that includes an indoor swimming pool and spa along with exercise and aerobics rooms, offices, salon, credit union, chapels, library, theater, activity and lounge areas, kitchen and dining facilities, wine cellar, and a billiards room. Building B is an approximately 89,652 square foot four story building, including a parking garage, located on the southwest portion of the project that has 59 independent living units along with lobbies on each of the four floors. The C Buildings are eight individual buildings that each contain four units that range in size from approximately 1,120 square feet to 1,170 square feet per unit. Each unit has its own private entry, kitchen, living area, bedroom, and garage and functions as a condominium unit. In addition to the indoor amenities offered, the project will also provide outdoor amenities including individual private open space (balconies or patios) for all the non -memory care residential units, an 18 -hole putting green golf course, raised gardens, walking paths with a pond, a rose garden, four different courtyards including a secure courtyard for the memory care residents, fountains, and open space. The vehicular access to the project is from two driveways on Rancho Vista Road. The western driveway is the main access point to the community with a greeter booth and gates. The eastern driveway would function as the secondary access to the community as well as the primary entrance for the memory care portion of the community. In addition, there is fire access only via gates and a knox rapid entry system in case of emergency located at the rear of the site, that will not be accessible by the residents of the community or the surrounding neighborhood. On weekdays from 7:00 a.m. to 9:00 a.m., the western driveway, or main entrance, outbound gate will be closed and traffic will be directed to the eastern driveway in order to mitigate the forecasted significant outbound left turn delay from the site during those hours. It will also help with morning traffic leaving the residential neighborhood to the north by not causing an additional turn delay. The project will be widening Rancho Vista Road along the project frontage from two lanes to four lanes along with adding in dedicated left turn lanes at the Via Del Greco intersection, one westbound into the project and one east bound onto Via Del Greco. In addition, a dedicated right-hand eastbound turn lane and a dedicated left-hand west bound turn lane will be added to the eastern driveway intersection. The project is required to provide 193 parking spaces for the congregate care use per Table 17.24.040 of the City of Temecula Development Code. The project proposes 265 parking spaces. Planned Development Overlay Amendment The project is proposing an amendment to the existing Linfield Christian School Planned Development Overlay. The proposed amendment includes language specific for congregate care housing as it relates to the review of design guidelines, revisions to the planning area boundaries, changing the congregate care housing land use from a conditionally permitted use to a permitted use, and addition of development standards that did not exist in PDO -7. - Design Guidelines: o Language added provides for Planning Areas 1A and 1B to be reviewed against the Linfield Christian School Master Plan while development within Planning Areas 2, 3A, and 3B to comply with the City of Temecula Citywide Design Guidelines. Development outside of the main campus which is located within Planning Areas 1A and 1B is more commercial or residential in nature and should be held to the design guidelines of similar projects within the City of Temecula. o Congregate housing shall follow the supplemental development standards within the City of Temecula Development Code unless modified within PDO -7. This allows for the project to meet the standards of the development code and/or the site specific standards of PDO -7. - Planning Area Boundaries: While still having three different planning areas, the boundaries and size of the planning areas have been revised and Planning Area 3 has been further separated into two subareas. - Schedule of Permitted Uses: The congregate care housing land use has been changed from a conditionally permitted use to a permitted use in Planning Areas 3A and 3B. As a conditionally permitted use, there would be no additional conditions placed on the development of congregate care housing from those of a permitted use. - Development Standards: Development standards for congregate care housing were added to PDO -7 including minimum livable floor area, minimum private open space area, minimum common area open space, lot coverage and floor area ratios, and building height. Architecture The project incorporates several architectural elements within the Spanish Revival design style throughout the community including dark exposed wood rafter tails, white stucco, courtyards and plazas, terracotta s -tile roof throughout, decorative wrought iron, decorative tile at building openings and arch ways along with decorative tile stucco niches, and curves and arches for windows and doorways. The project is also incorporating a divided light element on the majority of the windows. Landscaping The project, when completed, would provide 34% landscaping which exceeds the minimum 25% landscape requirement of the development code. Plant types include crape myrtle, California sycamore and live oak, western redbud, Australian willow, chitalpa, rosemary, lilac, red hot poker, and white sage. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the U -T San Diego on June 9, 2017 and mailed to the property owners within a 600 -foot radius. ENVIRONMENTAL DETERMINATION Staff has reviewed the project in accordance with the California Environmental Quality Act (CEQA) and based on an Initial Study, it has been determined the project will not have a significant impact on the environment; therefore, a Draft Mitigated Negative Declaration (MND) was prepared under staff's direction by Michael Baker International and was distributed to responsible agencies, interested groups, and organizations. The 30 -day public review and comment period for the Draft MND commenced on September 23, 2016 and concluded on October 24, 2016. Notices were mailed to surrounding property owners, signs were placed on the property, and a notice was placed in the local paper. The City of Temecula received five written comments and responded to each comment in the Final MND, which includes all timely received written comments and responses thereto. Comments were received by the Temecula Valley Unified School District, Governor's Office of Planning and Research, Eastern Municipal Water District, Riverside County Flood Control and Water Conservation District, and the Agua Caliente Band of Cahuilla Indians. The Final MND was provided to commenting agencies in compliance with State Law. A copy of the Final MND has been provided to the Commission. The MND determined that project impacts can be mitigated to levels considered less than significant assuming implementation of mitigation measures The MND included a Mitigation Monitoring and Reporting Program a summary of which is provided below. AIR QUALITY General Impact: Short-term cumulative impacts to air quality due to construction. Summary of Mitigation: Water exposed surfaces daily, suspend if winds exceed 25 m.p.h., cover stockpiles of debris, and apply soil stabilizers to inactive areas. BIOLOGICAL RESOURCES General Impact: The project site has the potential to contain burrowing owls. Summary of Mitigation: A focused survey prior to grading will be required. BIOLOGICAL RESOURCES General Impact: The project has the potential to contain avian birds Summary of Mitigation: Construction should occur outside of the breeding season other a preconstruction nesting bird clearance survey will be required. BIOLOGICAL RESOURCES General Impact: Streambed alteration Summary of Mitigation: Prior to issuance of a grading permit a Section 404 and Section 401 permit shall be obtained BIOLOGICAL RESOURCES General Impact: Habitat disturbance Summary of Mitigation: Prior to issuance of a grading permit a Determination of Biologically Equivalent or Superior Preservation (DBESP) shall be submitted to and approved by the appropriate Wildlife Agencies. CULTURAL RESOUCES General Impact: Directly or indirectly destroying any unique paleontological or archaeological resources. Summary of Mitigation: An archaeological monitor shall be present during any earthmoving activities associated with the project. CULTURAL RESOURCES General Impact: Discovery of human remains Summary of Mitigation: GEOLOGY and SOILS The County Coroner shall be notified and construction activities halted. If remains are found to be Native American, the Heritage Commission shall be notified. General Impact: Soil erosion and water quality Summary of Mitigation: A Stormwater Pollution Prevention Plan and Best Management Practices shall be prepared and approved HAZARS AND HAZARDOUS MATERIALS General Impact: Potential for contaminated soil Summary of Mitigation: Registered Professional Engineer or Geologist shall consult during soil excavation and grading activities. NOISE General Impact: Potential construction, operational, and traffic noise impacts. Summary of Mitigation Limit construction activities to between 7 a.m. and 6:30 p.m., implement noise attenuation on construction equipment, and provide a telephone number for the disturbance coordinator to be conspicuously posted at the construction site. FINDINGS Development Plan (Code Section 17.05.010.F) The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City. The proposed project is in conformance with the General Plan. The site is properly planned and zoned, and as conditioned, is physically suitable for the type of development proposed. The project, as conditioned, is also consistent with other applicable requirements of State law and local Ordinances, including the California Environmental Quality Act (CEQA), the Citywide Design Guidelines, and Fire and Building codes. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The overall design of the project, including the site, building, parking, circulation and other associated site improvements, is consistent with, and intended to protect the health and safety of those working and living in an around the site as the project is consistent with the General Plan, City Wide Design Guidelines, and Development Code. The project has been reviewed for, and as conditioned, has been found to be 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. Zone Change/Planned Development Overlay Amendment The proposed Ordinance is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City; The proposed Zone Change/Planned Development Overlay Amendment Ordinance conforms to the City of Temecula General Plan Land Use Element. Furthermore, the proposed Zone Change/Planned Development Overlay Amendment Ordinance directly responds to Goal 1 Policy LU -1.1 and LU -1.2 of the General Plan Land Use Element. In addition to employing the City's planned development overlay amendment zoning district tool, the proposed project is also consistent with the above General Plan Land Use Element goal and policy in that it is contributing to the development of a variety of residential product types in the form of congregate care housing and has been designed to minimize impacts on surrounding land uses and infrastructure through required and proposed design guidelines and development standards, building orientation and location, circulation and access improvements, and other features and requirements of the proposed Planned Development Overlay Amendment. Additionally, mitigation measures are identified in the MND to further reduce the potential for impacts to surrounding uses and infrastructure. ATTACHMENTS Aerial Map Plan Reductions PC Resolution — Mitigated Negative Declaration Exhibit A — Mitigation Monitoring and Reporting Program City Council Resolution — Mitigated Negative Declaration Exhibit A — Mitigation Monitoring and Reporting Program PC Resolution — Planned Development Overlay Amendment Exhibit A — City Council Ordinance Exhibit A — Planned Development Overlay Planned Development Overlay Amendment Planned Development Overlay Amendment (Underline/Strikeout) PC Resolution - Development Plan Exhibit A - City Council Resolution Exhibit B — Draft Conditions of Approval Final Mitigated Negative Declaration (MND) with Appendices with can be downloaded at [http://temeculaca.gov/362/Environmental-Review-CEQA] Notice of Public Hearing AERIAL MAP City of Temecula PAI5-1886 , if 1 itit;PJ4if 41.1.0114 I ,Igic VI . IAs-('M 1 Iiiir `-... j *, ....> 450,06 ,,,- - i t ;• ' # ', ,n.,' ' 40.4 ,iii; @-''''''''' 410`44.14,16.-‘ _ ,,....,,,,,, , ',A.,,.4r...r.'r'..- .14411 l' , 1 J ' 4•71q ik Y4datr ilnikH V 414 ' lah r lb ' AL ill A . or VI. 1-4" r 47— naill .1.46,60. 1 ,,m. flblit AL 1— now . A lop, VS•clarLia ),,, , NORTH 0 250 500 Feet This map was made by the City of Temecula Geographic Information System The map is derived from base data produced by the Riverside County Assessor's Department and the Transportation and Land Management Agency of Riverside County. The City of Temecula assumes no warranty or legal responsibility for the Information contained on this map. Data and information represented on this map are subject to update and modificalion. The Geographic Information System and other sources should be queried for the most current information. This map is not for reprint or resale 33 Systems PLAN REDUCTIONS City of Temecula PAI 5-1885 NORTH 0 500 This map was made by the City of Temecula Geographic Information System. The map is derived from base data produced by the Riverside County Assessor's Department and the Transportation and Land Management Agency of Riverside County, The City of Temecula assumes no warranty or legal responsibility for the information contained on this map. Data and information represented on this map are subject to update and modification, The Geographic Information System and other sources should be queried for the most current information. This map is not for reprint or resale, 1,000 Feet 11 Geographic Information Systems . RTN LAJCALNIli asa1 . Brena III SAC .0 FOR PUNIC IACIDENIAL PURPOSES RELOADED F=7'.2.2 1 NIL' =Uri/ NOS Nies, xax Arc XIX, • LOTACANT POO-7 IPI) d PRELIMINARY PROJECT CONDITIONS: INE-PFESEN22 OR AIENO2OF BURROWING OWLS BE SCREENED FN. NEW ...INN AMmi n . We.. ,.. e.E 10 XXVI.IM, DE ra luck 1 PROJECT INFO PARCEL LIMO DESONNICIII MONT OENCIN. MTV APN 955-020-014 POISON °O. OF LLA NO PA -02-0145 PUBIC .cO121/0 (Pi) .. CIMINO WONT M a� 1531 Ya • 111,111,1,S0YY ISIS ;CCM - MAN SP dm h *NW — N -DE Al Oinc[/lmum' PO LANO/CORL 152 594 SF NOG A4 To .No 41 099 SF BLOC A5 m/IBo LIPNO :°.2r PELIORT LANE BLOC C NEM SF ACCESSORY NNENA BOOM BI4— ir a =pa um p a. PM WED w NC MRCS ,.4 aaBA WO XKf MX. INIPAINT PAPIN/0/00/TS uturB/PANS IRICd !Karl MIRO .0SEAINNO 105.500 SF LIAM It ..151. RYA 01 . rt 112 MC. MUM IYPO>b 3 STORIES $".CACI CNN% 100150045 U NICE FILDC STORIES aeawr ELK C warn COO r..Ceo STORY TRAIN EAMON/NE 4 STORY monecd eralem IS PL UNITS. /2 AA uNIN CONCRLO uNCONTED 27 (59 IL UNFIT) COVETED UNCOVERED MLLE., ( aNIPS) CITERID 14UNCOMERLO .Y -f 'woo ACCCJANE excruz (AnCC(ENDO AAR) EmmummtymIC 12.5 ROC 550 roef :732 V6 w,a Me w s ▪ '; SX 1150WIDIT MOO OE • Lk Cly122 HI 1101061,681 INN. " " ...DBMS,.. RIMI REMIT OPCX VACS: v.la sscnO PAWS, IIN.CONES. ONO FOUNTAIN COURTYARD 2.150 SF GEM COURT.° 9300 SF FL. usac Sr ID&R'9R ( '720,2 e 54 aeons. 5,1.520, 2001 PUNKT OF INOPENX417 UNTO ONCE BUto1 SPACE IPU uea PBmSam 24500 m PRIVATE PATIOS MLLONICS. INCAS ASST. DNIE COUNT/AND PATO N.G. Or ASSISTrIl WPC .13 /n GENERATIONS FAMILY OF COMPANIES D...WP�nCconwio� CIYi.lmnm Pe01 SE C nl.na OR •70NA ^1.1,- (DON 453-0750 Ea (TM 7N-6451 >- 1- Z LU Q2 Jp JI` >�w H �Zcn J _ w LL Z — J z W N DEO FOR ACV .0.41„ CNI PATER PORT OVERALL SITE PLAN •401 A1.1 1 APN:/9SS-020-018 PA15-180 GAZEBO ELEVATION SCALE 1/4 1•.0 ,..+,. M. nun NMP 0 TYPICAL BUILDING TRASH/ RECYCLING ALCOVE SCALE 1/4,1 ifflfflu TYPICAL GATE DETA L SCALE 1l4=1-0" 0 WIIVIII Linfield. village Wlll ll! p TYPICAL MONUMENT SIGN WALE 0 GREETING BOOTH SOUTH ELEVATION SCALE 114ft1'd GREETING BOOTH WEST euvAnoN {EAST SIMi SC LA 1'P GREETING BOOTH NORTH ELEVATION SCALE I/x+LLE. 0 A TYPICALTRASFNZECYCLE ENCLOSURE GATE rAu urwt,Cr 0 0 B TYPICAL TRASH/RECYCLE ENCLOSURE SIDE SCALE 11,1'R C TYPICAL TRASH/RECYCLE ENCLOSURE DOOR SCALE 1I451'V • FIRE HYDRANT LOCATIONS & SPACING 1 f n1' 9x.I��xL 41./M..�• 1:: 1)i11 11f� mini= njILLii.N=I1I11 HE ROI= au u; w1 1111 UI1jsu immilaurni NEI 1111 MINI MN,Il1�� 1i1 :! RANCHO VISTA ROAD VICINITY MAP GENERATIONS FAMILY OF COMPANIES Develapavat Commalaeo Aluye.mem .x015E Gray A.ev:l PoN.oAA OR 5 0SS TA: (503( -5] 0050 F+.: (503) 0x-5451 www.ruendoesik cam FINISH NOTES 0 CM • 101 awn COMIT 3-110.31 U.L 11n0 .10111.x0 lnnmrMmm 111.10= QL 1m 3 MT ...m ® DI ._.L Mel VA= +e:.. O.. 1.rsOVALM 10,5T 01.1113. Me. .o. -OA= AMP COOP MON ..11..1.1WU.M.PM. MT. 0 rc o ▪ CUO▪ 0.00 - MM . MOM NMI 0 M MOM 101. Ram. 50 .Nm. ® WM 1.3.10 1.1.1® m01.x =MI MLR =UM= .M1m1 /..M ttv F. Put .eemu w. 19 MOM MAN VI Q .o.wu - 1011, - .n.r 1....11 _▪ meo.s m�o1'/lrn torr ›— w W O�C Q < JO > W U'- °Zc- J w> U J z _ c/ JO z W In NZ MOM MAKI .mm .moo 2.1.011 1111 ' I r] :11,11.!; NORTH FENCE ELEVATION au• MID MR IVA Mt 03.17 •113.1 NOM SITE DETAILS AS 143‘0 A1.2 1 APPSJ955-020-010 M15-11351 a a Statistics Description Symbol Avg Max Min Max/Min Avg/Min 19216.54 7 9,161.04.41 Drive Aisle 'A' & bu1161ng 'A' tat 0''.9 Ate 6 5000 Drive AID. 'D. Drop-off 1.961:0 205: 714 1?» 1041 4.01 2.4 IC 6 5 k 1.1 Ic 5,9:1 :651 4,451 :.O': 44:1 2001 :411 I OCC ,.1.1 15(6 4651 loci 06.: 6 iC'5!: 5015 t 0:1 1401 51.52 1112 4.6.1 211 2 2:1 1 6:1 :a: 9: GENERATIONS FAMILY OF COMPANIES Dna,. Cams.. M.apm.a 0601 SE Cony Mma Nal.. OR 97016 TA: (503) 6520750 Fa: (503) 706[451 ea.ne.aM.am >- 1- Z (w� Jp U > w 01— Z LU > u_ z _ Jo z w N ODAPitaattr Puy SITE LIGHTING PHOTOMETRIC 14004 A1.3 76N4955 -020-01e 6915-1685 -.111: IT= 71 1 11 II -1I_ ` y ,dy ::■ , ®1 .ries INDEPENDENT LIVING BUILDING A CORE •�j�' p}R '`_7,1, I, . _ ;_ �. ii�l ■ lill Irl: 014PD 1' I; wino 1!1! 111111 g' ;din : R4 fdil[ii:Y:; INDEPENDENT LIVING -- l6A1'6�PJ Yarn ASSISTED LIVING rcn R•1 m 1!1 MI 1 nom'. m.... ASSISTED LIVING ASSISTED LIVING ENTRANCE IIA[ 7i..10..1.. • 01r'6 A ■ 111 Et kw 1i iIII Eillliiillit111 rm . 1l1! 2! 2 ''Y RANCHOI .524 WAD ASSISTED LIVING ENTRANCE RANCHO VISTA MEMORY CARE mrs MEMORY CARE RANCHO VISTA ROAD RANCHO VISTA ROAD SITE SECTION SITE SECTION 1Ia11. C-nr.e Ma:lea 31431 Gwee M..io-.. aMalt I'm ant B 1 55C M..' SIZE BECTON 10 2. G INDEPENDENT LIVING INDEPENDENT LIVING ENTRANCE/PLAZA SI TE ■-U !!irlll INDEPENDENT UVIN .rae t X D INDEPENDENT LIVING VILLAS SITE SECTION 4 GENERATIONS FAMILY OF COMPANIES G..lm Cm.wmm A6.w®v .1 SE Cal, Area. I Pok.*0 OR 9726 Td 1.503, 6510750 4939 Fm (Sall 75,6151 •r ›- 1— Lu 1— w Q J O o 0 n JU <— >w< U4 0H OaP J ZN Awa w> U J z — Ce JD z LU N - SITE SECTIONS Al .4 DARK EXPOSED WOOD 01 COURTYARDS AND PLAZAS 0 - ELEMENTS OF SPANISH REVIVAL STYLE - EXAMPLES AND FEATURES AT LINFIELD VILLAGE, TEMECULA VIGNETTE A MAIN ENTRY - INDEPENDENT LIVING BUILDING A SEE SHEET A -A5.1 VIGNETTE B FOUNTAIN PLAZA/CHAPEL EXTERIOR BUILDING A SEE SHEET A-A5.I VIGNETTEC--- ------------- MEMORY --- ------MEMORY CARE EXTERIOR BUILDING A SEE SHEET A -A5.1 VIGNETTE E INDEPENDENT LMNG ENTRANCE BUILDING B SEE SHEET B -A5.1 VIGNETTE D GARAGE ENTRY/SOUTH WING - INDEPENDENT LING BUILDING A SEE SHEET A -A5.1 VIGNETTE F VILLAS BUILDING C SEE SHEET C -A3,1 ® TERRACOTA ROOF GENERATIONS FAMILY OF COMPANIES D.,dopo.n Cao.uaoo MwE.n<n 0601 SE C.,ry Arent. 1 PoNu L OR 91066 Td: (503) 6510750 Fox: (503) 7566451 O DECORATIVE WROUGHT IRON BALCONIES AND PATIOS O CURVES & ARCHES >- 1- Z UJ <2< Jp \JUS Z //n V o Z a J _ J LU , LL ca Z — J0 Z LU N risuto !Oh CIESSIOPYSNi PIAN OATE 0320.17 DESIGN CONCEPTS SPANISH REVIVAL STYLE M.17. _a, A2.1 APN:1955-020-015 6015-155 a 5 w•r g f T •• '- ? ? ? ? •- ? ? - ?- ~9a GENERATIONS FAMILY OF COMPANIES Beal SE Gamy A.cow PoN.od.OR 950S6 TO (503) 652. 0530 Fax 1a31,.3 -a,1 gm...musk coo =ID FOR cOaxwaxr RAN 0.1.20.17 PIAN BUILDING A LEVEL 00 FLOOR PLAN vlr..-0 N•r2 14004 A -A3.0 IPN:056-020-Ol! M1! -leas - 4.. - ?- ?-?--?-'?-.-?- w c..r - ?--?--9 ?-?--4 ! 1.J-44* err LEVEL 01 - (NFO MO Al rconmurt WA AZn.NP' MOO OS 11010100. MO i. . aow WO OVIAVICO omxnm MOTT 77 11 urmrra"°iKOVAMOR MalDOOM. LNGV▪ W AA FINE1110.6 110 tovmoc PAN - VCR i 1 V11 O1 IAN isFort vIftMa ▪ VLgwrWORK lkhii`siSaogamilh m cmc sMVO 11 CIDUV IA OM VI Aas ,Of mna.mnor olo Ammokwa, TOOL 1.003 LOOM 01 +6 - d _ 6 4 4 b 6 4 06 6"6 - 6 4 6" b- 4 4 4 60 4 4 e 6-4 GENERATIONS FAMILY OF COMPANIES C..a.p..0 Coalmen. 5030235$ mot SF Camey Aroma Peal) OR 90006 T.L: (503) 353 0750 Fu: (503) 052-3553 SRAM FOR 0016011101I 0.11 IVA DOE 03.10.17 10. RJR !NMI KWH BUILDING A LEVEL 01 FLOOR PLAN V,r-rc 14001 A -A3.1 ARtgW5-OYO-Ola PA15-1!!01 a woo. - - 1-? 4 -- -- 4 -- 4 •- - -- R - ? -- 4 -• ? -- ? -- -- -• ?-14-? -?--?.?--?— ±_ - 6b GENERATIONS FAMILY OE COMPANIES R...kr. �� ceurou�uon M ..y. iu mol SE C.oaY Arcow I PonWJ ON 970m (503) 65 2 o750 40. (501) >m 6951 0 ON oo rP0 �¢O 009 0Qm USP ¢wa moi¢ NW IRKED rOlt MOO NM BUILDING A LEVEL 02 FLOOR PLAN Nat nrarr A -A3.2 1 APT0655-020-01e PA15-16651 �y 8 T _ ? -- - ? -- ? ¶ ? -- ? -- ? -49 r ?-? .. ? -- ? ¶ -- ? -- ? -- -- ¶ 4 ? -- -- ? -- - ¶-? 6 4 4 4 6 6.4 6d 4 6 4 6 6 4 4a 66 4"46 GENERATIONS FAMILY OF COMPANIES Td (503) 652 0250 F. (50l) 286 6151 Naall BUILDING A LEVEL 03 FLOOR PLAN V3r.rx nual 147.1 A—A3.3 em6/asa-ozo-me P415-1e6S1 a a '---- 1 -- P -- 1 , -- — - -�4 ?—? -- V -- 1 ? — -- 1 -- — V-1-1 4? -- 9 -. ? — V R -- 4 -- • GENERATIONS FAMILY OF COMPANIES 1257,61,6676 Caw waoo IAY:ycWco[ 0601 SEC .y Arco.. 1 Pa Maud. OR 9,08E L: (503) 652 0750 F..: 1504) 7016,+51 >- 1- Z W� Q�Q Jp \J U� > 0 �Za JLL_J W � � J m z J0 z LU N IA= RR 00600.1.11T RAM ROA= ORM BUILDING A LEVEL 04 FLOOR PLAN Ver -r- A -A3.4 AA 9—D2O—O58 FA15-515 w r GENERATIONS FAMILY 1102:P0ANIES val >E CAA, , 0g 97013E r_-..--_._._�mIllSJIII/ d ° Ng Ilik eau<.oa llll III 4 I , ok _. ii ,_ A --T---Ag iii istrAN a, IiiirO 0 0 0— _ lik .4 _. - q >_ o Z I..y _-. 4 b I -1 1 w� ^ �� _, 0,_. C'� � O r� g 1 lll�illi �0 oP of .�{ 116411 - _00 Frm vv PO o c \ /Z oo 0 Z OUQc DODOOCCD . 00013 0003 au= Q z Q Z a .- J_J <wa 12 aOO io M 0000 mac 3 — < w>- 1 1 1 d- \\ // r------��1- ---1. - --' L--0 .�... 1 1 Z Z Jc. AEI o FL,12 II.5 1 _ 1 Lu (n 0 - V 0 OM MI We OWE NO a- L.._ VW 00,00.101T PM 011.1617 .4 612¢0 00q a c-0oIn ..p 0120❑ cpgT a` 1 " 431 o AN 1 1jr 1 1 11 Ani— —1 BUILDING A - � - l / .___i 1 �'--'L LEVEL OS ROOF PLAN .. -5 I/1r.r-0. 6 4-6 6 e-e—e-4.46--46 e - 6 - 6 - 6 - e- 4 " 46 " 44_ 4 6 �"4 .. �� 1404 ra,2 A -A3.5 1 KIti555-020-0,. PAIS -1559 1 R 2 a 4 44 44 4 4 4 4 4 4 4 4 4 4 4 MEMORY CARE 4 4 4 4 4 T _ sweat -1_:`-r#4114 DEtirIVINC_- {p ; _--- NORTH ELEVATION SCALE 11e=1a T? T ? T T I T ! 1 T i _ 1 r'IC tr;111 ❑ � 1.="1 ❑ f CCI n r . O TYPICAL ^ BALCONY GUARDRAIL N`l SCALE RIS, -53P ]NDEPENDENT LIVING nI INDEPENDENT LIVING / VILLAGE SQUARE ENTRANCE INDEPENDENT LIVING WEST ELEVATION SCALE 111051-0' 4 4 4 4 O 44 XS 9707E EN r:NrLlvIN, Q Q Q Q Q Q Q Q Q Q DINING COURTYARD ASSISTED LIVING SOUTH ELEVATION SCALE 1/10'.1'd ASSISTED LIVING ASSISTED LIVING ENTRANCE MEMORY CARE EAST ELEVATION 503E 1tt.rr 0 GENERATIONS FAMILY OF COMPANIES Oa..i^Pn<i. Girrv=wo Manaverwo tl60I SE Caney A...w I Pond OR 97033 (503) 6530750 F..: (503) 7916151 FINISH NOTES CD mm3 eman iw-na wefts u.neEN 1°n3.1µ9 FLO M 014x9 O ,-» 93. 3.9/93 61011a., p 3.9..1 0 ▪ LW MAIM MS. 9.1_,61..999„ MOM mo wM C) „1 .1a3.119/aa119 992 _ _ 1. 0 9990319 , 1uo 93.016 /0136 01A9/99 01 GIT .9999 MOM 94+6 ..+01.v Ac ..a 5099 Q 6999.9 50¢1 inrt 16036 91191. Maxim wan ...um Kan cow: cv099 63.6 09.91:90.1.,.a . 0 0911 V 0.91993 MO. MAK 19.13,LL 0011.9931. lain -LOCKED N AM FACILITI OMR MIX IN 3091910 NAN 9.50 0999301•39 PLOI VIV RAN /49/91 BUILDING A ELEVATIONS 497)9 A -A5.0 MN:1359-030-010 PAIS- 1313 1 TT'? 4?? !?? Q 4 4 Q 44 4¶ 4 4 T 4 4 4 Q Q Q ,.FID! m �CSYIe3' 67th A• ]I;1 ¢ i 0 MEMORY CARE FOUNTAIN COURTYARD-- INDEPENDENT GURTYARD– 1 ._INREPEtiOiViT411Nf .W14 T 11Mfiii4 NORTH ELEVATION SCALE 1118,1'd INDEPENDENT LIVING INDEPENDENT LIVING / VILLAGE SQUARE ENTRANCE INDEPENDENT LIVING WEST ELEVATION .awEl vintttr 0 44 T?? T? ?TT DINING COURTYARD Q 4 44 ASSISTED LIVING SOUTH ELEVATION SCALE 1/18,1,0- LIVING nC.Ya LIVING ASSISTED LIVING ENTRANCE MEMORY CARE EAST ELEVATION SCALE lnr.:a 0 0 GENERATIONS FAMILY OF COMPANIES k..ymu Caawm Mmyrenam 8601 SE Cum, ',minx 1 PoNnyOR 970€6 «: aao 652 075a (wn 1x&6151 1- Z w JO > z ozo Z J_J w1= LI— Jm z —I z w V) FINISH NOTES 0 e1,42 YAM arcuns 11-1.21 Cat Uarxe .u1.023 rrAgmrr. IMOD uu Pm. Z.0 as 1WNOc .x O ▪ CAMP WE WM 0 ▪ Mir .1.1.1 N... R/1111. MVO MOM M▪ laWIS ara wows um cam WCSLIII our. wrnr awvs.s.....r.� 0 a nrn unaana Porn rnr. wog u. Js lo- oes m..car.c.n u.... 0�GYM =MOO. arm.. e eu-srra comes No O 120 IrtMt ✓ Aro BUILDING A COLORED ELEVATIONS 50,11 A—A5.1 1 APN:/955-020-01e PA15-IE15 1 LEVEL 00 404.6t Ine.rq LEVELS 01-04 SGALE 0 ROOF LEVEL SCALE 1/16'=1-0 BUILDING 8 - INFO MM.01 grIn CB C•41. IV. 01 11•7101161001r WW1 •7•13 SF =EL Iti OCRPOIS012 116•251 116/11 CY •111100001i 11.0 1 `1, SI MIL 01 11W.�QUR • nln VIM w a 101 too t..... .gym: d 8 d TYPICAL BALCONY GUARDRWL 304E VI, V-7 T TT 4 I 4 QT n R11R11RE a mill Irs�I'I tD- --- .1l:I ' o VIM SOUTH ELEVATION SCALE 118=1') EAST ELEVATION SCALE Ill8=1'4 NORTH ELEVATION WEST ELEVATION SCALE 1/16,1U FINISH NOTES 0 mi Aa emx.a a .aS - O .Pm111L. mom J MP Yum NA Pao .m nen mom s -r3 O P:.Y .1‘Y� a4 (9 MOOR 610“ NOCCOrt craaa SAM MEW MIX OWp Wale P a., P. . a1. P.M mum NM IMP O tun we= '' �eMOM F=8.1 *WM MUM MUIR O.. me m MX= mine Q ogismIn Yom Loa .Pon ® OVOID ORNII Awn o[AWN WO =MO. Man lel iIm PY .mnou oU a� ni..r Ylll or.-smz axiom e GENERATIONS rAMI Lr OF coMtn lPIL{ P601 SE Cary A.... 1 Pon1.eJ.O11 97086 Tel pi) 652 0750 F. (501) 786-6451 1- z w Q � m JO o t 2� u ao > Z Uo o Z ° Uah � P J w>D LLJm z _ J z LU IMAM FOR 00.40eon M1aP NIA din 03.20.17 BUILDING B ELEVATIONS Or.r r sod B-A5.O �G 4MP 'PIC/M-020-am PA85-um* 1 Q Q Q Q Q Q Q Q 0 0 SOUTH ELEVATION WAn LE wor 0 EAST ELEVATION SCALE 1/11P+1'Y WEST ELEVATION SCALE: 1/1r.1'. NORTH ELEVATION SCALE 1T•14- 0 FINISH NOTES 0 MOM, mom b> ° 30 MAIM II -73 _ O MIN., w 0 MR. 11-.11 IMMAPO 0 MIMI RN MI. AND AMOR MUM 15.1.0 AVM ... , IMM . IR,,. RANO CIIICOD /011al MO : 33111LL. MM.111110 Frn.as cuo moon we cam vow., NAL. 14.11. MOOMAII IMO - WPM 11..I INIS1 nI� GENERATIONS FAMILY OF COMPANIES Cam M.ynnn M01 SE C„, Anon 1 Pww, oA 9716 L: (503) 6530750 Fu: (5031 3116-M 51 >- H z w Q a m Jp 200 >r^ Q a ZJ J _ w L J CO z _ ' J0 z w V) O 2E. Q _ P Q O 5<cv zO 03 • awa 1) MID POP WA MIL: PAN BUILDING B COLORED ELEVATIONS B -A5.1 API115199-120-01E PA15-IIS) 1 ROOF PLAN SCALE srAi A 0 FLOOR PLAN =ALL 11,A.D. 0 — 0 COTTAGES - INDEPENDENT LIVING 011 T,RAF se, TYPE IV 1,170 SF 2 ATV Av 1 1413 61 0 TOTAL PER BLOC 4 X a BUILDINGS TOTAL COTTAGE UNITS 32 FRONT ELEVATION SCALE O SIDE ELEVATION scALE 1,10,,Cf REAR ELEVATION SIDE ELEVATION scALS 1/11,1G- 0 FINISH NOTES 0 CLAM M DIM 0 MIMI, =OM 3 M1F MCCO A0/30 WM nag rm., onAgl. 31-13 MX MILL •MiNtLY =DIM 3 AAAr sTosco /MDR 7J/30 SIM FICAr LA WPM .-M0 1.1001.1 10. NMAJ ALCM MUM IV. MCC. C17.3.0 NOLO! 0A. PPM TAM. • MCLUI STAMM Off= MO. VIM MOMS O.* Mama Mt.. MILE UM SOM31 - MAZE FM. 0 MM... C. MOMS MO 00CM V/CLLM OLAMP3 M.M. MOCK. MIRO - MM. 011.4M Man ® cAffr nste wear a., 31/010.01. 00 1421 owes CMG. MOW, 0 003MAIM IIMM Jac e00111. 00ELL ROZEIMO nee. war: woo C.INVA CAM. NOM CCFMCT. - FM. IV kokl. fled 1 • GENERATIONS FAMILY OF COMPANIES Cirre• 8601 SE Cs.my Arco. I Ponland, OR WO. 14 (583 .0 07M 1.1 fscli 115 -0551 >- 1- 11.1D 'a() - 10 200 FAT > Z 5<cv 0— ol azo LLJ > U- —I CO — j 0 V) 111•111:0 OCHLOPIMR PL411 ODI MfLA,C am. BUILDING C PLANS & ELEVATIONS C -A3.0 1 APTC/935-020-01B PAIN -100S 1 b ROOF PLAN 0 FLOOR PLAN =NS ir.1 0 --e COTTAGES - INDEPENDENT WING n11 1I V TYPE IV 1.140 SF TNM 7V 1 MF2 TOTAL PER BLOC 4 2 B BUILDINGS TOTAL COTTAGE UNITS R FRONT ELEVATION A sGLE SIDE ELEVATION MASS 0rrrp REAR ELEVATION OGLE 11.0.0 SIDE ELEVATION SCALE FINISH NOTES 0 fm* • % was NOM, 0 »r... 00 ILO425 ST022, 20/02 LAO i1MT 50215 .A MUS <13019. 200 ®Ow MAW *no r0.4 L4 neliv 2r2 0 "r 0314 P.m .400o NSW ▪ .N.eTA COAT`0..,u M.. 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MP!: ea It MC d•WMIS Mmel/Aiffta! mem aaM mRYgsimm .m• r aware'imam arm r arm aa maim Mnan fl rrasawalerlrW r�a_ Nam, re L15PE'LO C/aisSILLH SCHo7L J r / r CONCEPTUAL GRADING PLAN LINFIELD VILLAGE CITY OF TE ECULA, CA /r / / , I I 1,7C/N/lYIYt ‘rral • it___.7_ ""�_,1. - `» �• 'c5'� :•-=y`"° ' _AL3 • Ail ■ ifll��i1gal'1►� r"raie+:tZ /f/ +Ile !// 1 /'f / / J a /. alma I { I 1 ' f / L.1071Z C1d4197I4y SCHOO / PIAZ TC DEVLsnr„ 4eyr r / 1E30 AC rF /r a[raa►r +paertr Oar swr iterF EnaK wtt ge ▪ oaf sag u ▪ WO °e aPir MIPM? nr 0010011 oseir v •Wer rn am ma • a44 tN✓•1 ma" Ya L • k al 114`1 rr _w 1 4 a ar ru /�/ 11 11140 11 -420.,7/•2f/ir. ., ' i4►r ._rmalr,w moi 4�II•1�'M'M'/ I . ra, f � r^r� `y r� I.I �Jj LI a..—:.-��nr. •: to X. -s /� '`a,E I / 1/ //�/ '` Ow /1/ .ice. /// Daae, a` •111=1 irer•aeMI we rwrr•:ai gr wale.:a101a I"er1etlR ur wmaara�rra _ a reale Jw pfe,ae • Lraar a MW al Wn - nreaw a M- ir mmmrMR a+amara• a0r air�e� —sv— mama 4Tmr am, Ma aralaY w'Yrm SE= ram ayr'r •Fl Terra l..• 4F 'Ma UNF7ELO CHR/Sr/4N SCHOOL Marammg ea. [AVOW) W UV ELO CHR9714N SCHOOL .rw..aI0 a.00..••••141 :ri s r a and memo _rar IrhrlsompAMIMN a MOM. Lad •1000•12•7•100•001,0 MI NO 0110•11110 410 ar ararAM•0" CONCEPTUAL GRADING PLANS LINFIELD VILLAGE CITY OF TEMECULA f 46,1REOFO : t£W 010/ SE Mir AF, SUE//, fPFP A?EOBY. f f "nor 74 RV ERIE ,evlA l DprASIE 3� QTrZiol AreazzAsfunaLassar ai raaE E t Aida 004.4.44 I. -I- I Q o I!r oa am oar + rr.qu.r Mawr �eMaar pLANvow ELEVATION ler airatairawLiriluestri pwnnr erKaesrkc um" LORIS T CONON WNW) MAPARIPan I Oar a lL44 BMW Ma 1. at ais _r_ :`..mat tartma a amrate, aka awake masa a' aa san 1a =mast W Is N.fS r a+o•.r lir Namara '1x CONCEPTUAL GRADING PLANS GENERA77ONS VILLAGE CITY OF TEMECULA ANI 2' DIpIEYAIE 2'7E/l, ...001.44 [7MOY ►X811 Wert S F/ 20,2 SECS PC DRAFT RESOLUTION MITIGATED NEGATIVE DECLARATION PC RESOLUTION NO. 17- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL APPROVE A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A MITIGATED NEGATIVE DECLARATION, AND MITIGATION MONITORING PROGRAM FOR A DEVELOPMENT PLAN APPLICATION FOR THE CONSTRUCTION OF A 493,044 SQUARE -FOOT INDEPENDENT LIVING, ASSISTED LIVING, AND MEMORY CARE COMMUNITY CONTAINING 317 UNITS AND A PLANNED DEVELOPMENT OVERLAY AMENDMENT TO THE LINFIELD CHRISTIAN SCHOOL PLANNED DEVELOPMENT OVERLAY (PDO -7) GENERALLY LOCATED ON THE SOUTH SIDE OF RANCHO VISTA ROAD, APPROXIMATELY 2,500 FEET EAST OF MARGARITA ROAD" (APNS 955-020-019, 955-020-018, 955-020-012, 955-020-017) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On December 21, 2015, Aaron Walker filed Planning Application Nos. PA15-1885, Development Plan Application, and PA15-1886 a Planned Development Overlay Amendment in a manner in accord with the City of Temecula General Plan and Development Code. B. On June 21, 2017, the Planning Commission recommended approval of Planning Application Nos. PA15-1885, Development Plan Application, and PA15-1886 a Planned Development Overlay Amendment (collectively referred to as the "Project"). C. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. D. The Planning Commission, at a regular meeting, considered the Applications and environmental review on June 21, 2017, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. E. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission recommended approval of Planning Application Nos. PA15-1885, Development Plan Application, and PA15-1886 a Planned Development Overlay Amendment with a Mitigated Negative Declaration and Mitigation Monitoring Program subject to and based upon the findings set forth hereunder. F. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of Planning Application Nos PA15-1885, Development Plan Application, and PA15-1886 a Planned Development Overlay Amendment A. Pursuant to California Environmental Quality Act (CEQA), City staff prepared an Initial Study of the potential environmental effects of the approval of the Development Plan and associated applications, as described in the Initial Study ("the Project"). Based upon the findings contained in that study, City staff determined that there was no substantial evidence that the Project could have a significant effect on the environment and a Mitigated Negative Declaration was prepared. B. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration as required by law. The public comment period commenced on September 23, 2016, and expired on October 24, 2016. Copies of the documents have been available for public review and inspection at the offices of the Department of Community Development, located at City Hall, 41000 Main Street, Temecula, California 92590, the City of Temecula website, and the Ronald H. Roberts and Grace Mellman libraries. C. Five written comments were received prior to the public hearing and a response to all the comments made therein was prepared, submitted to the Planning Commission and incorporated into the administrative record of the proceedings. D. The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration prior to and at the June 21, 2017 public hearing, and based on the whole record before it finds that: (1) the Mitigated Negative Declaration was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment; and (3) the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. E. Based on the findings set forth in the Resolution, the Planning Commission hereby recommends that City Council adopt the Mitigated Negative Declaration and the Mitigation Monitoring Program attached hereto as Exhibit "A" and incorporated herein by this reference. Section 3. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 21st day of June, 2017. ATTEST: Luke Watson Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) John Telesio, Chairman I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 17- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 21S` day of June, 2017, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS ABSENT: PLANNING COMMISSIONERS ABSTAIN: PLANNING COMMISSIONERS Luke Watson Secretary EXHIBIT A MITIGATION MONITORING AND REPORTING PROGRAM Linfield Village Senior Housing Development Project MITIGATION MONITORING AND REPORTING PROGRAM PROJECT NAME: Linfield Village Senior Housing Development Project PROJECT MANAGER: Scott Cooper, Associate Planner, City of Temecula PROJECT DESCRIPTION: The Linfieki Village Senior Housing Development Project consists of all actions related to the design and construction of an approximately 490,048 SF independent living, assisted living, and memory care community named "Linfield Village" on an existing disturbed 15.58 -acre vacant lot. PROJECT LOCATION: The proposed Project is generally located in the City of Temecula located at the Linfield Christian School on Rancho Vista Road approximately 2500 feet east of Margarita Road at APN 955-020-006. INTRODUCTION: liPage This document is the Mitigation Monitoring and Reporting Program (MMRP) for the Linfield Vilage Senior Housing Project. An MMRP is required for the proposed Project because the IS/MND has identified significant adverse impacts, and measures have been identified to mitigate those impacts, This MMRP has been prepared pursuant to Section 21081.6 of the California Public Resources Code, which requires public agencies to "adopt a reporting and monitoring program for the changes made to the project or conditions of project approval, adapted in order to mitigate or avoid significant effects on the environment" As the lead agency, the City of Temecula wit be responsible for monitoring compliance with all mitigation measures. Different City departments are responsible for various aspects of the Project. The MMRP identifies the department with the responsibility for ensuring the measure is completed; however, it is expected that orre or more departments will coordinate efforts to ensure compliance. The MMRP is presented in tabular form on the following pages. The components of the MMRP are described briefly below. • Source and Mitigation Measure: The mitigation measures are taken from the Initial Study/Mitigated Negative Declaration (IS/MND), in the same order they appear in the IS/MND. • Timing: Identifies at which stage of the Project the mitigation must be completed. • Monitoring Responsibility: Identifies the department in the City with responsibility for mitigation monitoring. • Date Completed and Signature: Provides a contact who reviewed the mitigation measure and the date the measure was determined complete. SOURCE Section 3.3, Impact 3.3 (b), (c), and (d). Mitigation Monitoring and Reporting Program Matrix City of Temecula Linfield Village Senior Housing Development Project MITIGATION MEASURE i AirQuality Mitigation Measure (AQ -1) Prior to issuance of any Grading Permit. the City Engineer shall confirm that the Grading Plan and project specifications stipulate that, in compliance with SCAQMD Rule 403, excessive fugitive dust emissions shall be controlled by regular watering or otter dust prevention measures, as specified in the SCAQMDS Rules and Regulations. In addition, SCAQMD Rule 402 requires implementation of dust suppression techniques to prevent fugitive dust from creating a nuisance off-site. Implementation of the following measures would reduce short-term fugitive dust impacts on nearby sensitive receptors: • Pave or apply water every three hours during daily construction activities or apply non-toxic soil stabilizers on all unpaved access roads, parking areas and staging areas. More frequent watering shaft occur if dust is observed migrating from the site during site disturbance; • Any on-site stockpiles of debris, dirt, or other dusty material shall be enclosed, covered, or watered twice daily, or non-toxic soil binders shall be applied; • All grading and excavation operations shall be suspended when wind speeds exceed 25 miles per hour; • Disturbed areas shall be replaced with ground cover or paved immediately after construction is completed an the affected area; • Track -out devices such as gravel bed track -out aprons (3 inches deep, 25 feet long, 12 feet wide per lane and edged by rock berm or row of stakes) shall be installed to reduce mudldirt track -cut from unpaved truck exit routes. Altematively, a wheel washer shall be used at truck exit routes; • On-site vehicle speed shall be limited to 15 miles per hour; • All material transported off-site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust prior to departing the job site; and • Trucks associated with soil -hauling activities shall avoid residential streets and utilize City -designated truck routes to the extent feasible. TIMING Prior to Grading Permit Issuance MONITORING City of Temecula Public Works Department DATE COMPLETED SIGNATURE SOURCE Section 3.4, Impact 3.4 (a) and 3.4 (f), and Section 3.10, Impact 3.10 (c) Section 3.4, Impact 3.4 (a) and 3.4 (f), and Section 3.10, Impact 3.10 (c) Section 3.4, Impact 3.4 (a) and 3.4 (f), and Section 3.10, Impact 3.10 (c) Section 3.4, Impact 3.4 (b) and 3.4 (c), and Section 3.9, Impact 3.9 (d) Section 3.4, Impact 3.4 (b) and 3.4 (c), and Section 3.9, Impact 3.9 (d) 3!Page MITIGATION MEASURE Biological Resources Mitigation Measure (BI0-1) Construction should occur outside of the avian breeding season (generaity January 1 — August 30). If construction must occur during the avian breeding season, a qualified biologist shall conduct a preconstruction nesting bird clearance survey in an work areas and an areas within 500 feet of the general construction zone. This shall Occur no more than one week prior to construction. Active nests shall be given an avoidance buffer, typically 300 feet for non -listed, non -raptor species, and 500 feet for listed and raptor species. This buffer shall remain in place until the young fledge or the nest otherwise becomes inactive. and may be reduced with approval from with US Fish and Wildfire Service and/or California Department of Fish and Wildlife. Biological Resources Mitigation Measure (810.2) If nesting birds are present, a 300-500 foot buffer (raptors and birds of prey require a 500 foot buffer; other birds require a 300 foot buffer) shall be set up around the active nest. The buffer is a no -work zone and construction activities may not resume until Ole nest is no longer active (i.e. avian species are no longer showing nesting behavior, young have fledged). To determine when nesting behaviors are finished, a qualified biologist shall monitor the nest weekly until the young have fledged the area and the nest is no longer active. Biological Resources Mitigation Measure (BIO.3) No more than 30 days prior to any ground -disturbing construction activities on the Project site, a qualified biologist shall conduct a preconstruction clearance survey for burrowing owls and present Me written results of the survey to the City. The survey shall be completed in areas of suitable habitat an and wither 250 feet of the Project site. Biological Resources Mitigation Measure (BI0.4) Prior to issuance of a grading permit the Project Applicant shall gain approval of a Clean Water Act Section 404 pemritfrom the Army Corps of Engineers. a Clean Water Act Section 401 Water Quality Certification from the San Diego Regional Quality Control Board, and a Section 1602 Streambed Alteration Agreement from the California Department of Fish and Wildlife for Project impacts to 0.2 acre of USACOEIRWQCB jurisdictional waters and 0.19 acre of impacts to CDFW associated riparian habitat resulting with expansion of Rancho Vista Road. Biological Resources Mitigation Measure (810.5) Prior to issuance of a grading permit, and separate from any permitting requirements of the affected wildlife agencies, the Project Applicant shall prepare a Determination of Biologically Equivalent or Superior Preservation (DBESP) analysts. pursuant to the requirements of Section 6.1.2 of the under the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP). The DBESP shall be submitted to and approved by the appropriate Wildlife Agencies prior to any Project -related ground -disturbing activities. TIMING Prior to initiation of construction activities Prior to initiation of construction activities Within 30 days prior to any ground -disturbing construction activities Prior to Grading Permit Issuance Prior to Grading Permit Issuance MONITORING City of Temecula Community Development /Public Works Departments City of Temecula Community Development /Public Works Departments City of Temecula Community Development Department City of Temecula Public Works Department City of Temecula Community Development / Public Works Departments DATE COMPLETED SIGNATURE May 2017 SOURCE Section 3.5, Impact 3.5 (b) Section 3.5, Impact 3.5 (c) Section 3.5, Impact 3.5 (d) MITIGATION MEASURE Cultural Resources Mitigation Measure (CUL -1) An archaeological monitor shall be present during any earthmoving activities associated with the Project. The monitor shall work under the direct supervision of a cultural resource professional who meets the Secretary of Interior's Professional Qualification Standards for archaeology. In the event an archaeological resource is uncovered, the monitor shall be empowered to temporarily he or redirect construction for work in the vicinity of any find until the Project archaeologist can evaluate rt. In the event of a relevant find, salvage excavation and reporting will be required. Grading or further ground disturbance shall not resume within the area of the discovery until an agreement has been reached by the developer, the archaeologist. and Ore Planning Director. Any recovered archaeological resources shall be processed and curated according to current professional repository standards as appropriate. The collections and associated records shall be donated to an appropriate curator) tacky, or, the artifacts may be delivered to the appropriate Native American Tribe(s) if that is recommended by the City. A final report containing the significance and treatment findings shall be prepared by the archaeologist and submitted to the City, if required. Cultural Resources Mitigation Measure (CUL -2) A paleontological monitor shall be present during any earihmouing activities associated with the Project. The monitor shall work under the direct supervision of a paleontological resource professional who meets the minimum qualifications for a vertebrate paleontologist as described in the Standard Procedures for the AtsPtcment and Mitigation of Adverse Impacts to Paleontological Resources by the Society of Vertebrate Paleontology (2010). In the event a paleontological resource is uncovered, the monitor shall be empowered to temporarily halt or redirect construction for work in the vicinity of any find until the Project paleontologist can evaluate it In the event of a relevant find, salvage excavation and reporting will be required. Grading or further ground disturbance shall not resume within the area of the discovery unfit an agreement has been reached by the developer, the paleontologist, and the Planning Director. Any recovered paleontological resources shall be processed and curated according to current professional repository standards as appropriate. The collections and associated records shall be donated to an appropriate curalion facility, or, the artifacts may be delivered to the appropriate Native American Tribe(s) if that is recommended by the City. A final report containing the significance and treatment findings shall be prepared by Ma paleontologist and submitted to the City. if required. Cultural Resources Mitigation Measure (CUL -3) Consistent with State CERA Guidelines, Section 15064.5. Subdivision (e), in the event of an accidental discovery or recognition of any human remains, the County Coroner shall be notified and construction activities at the affected work site shall be halted. If the remains are found to be Native American, the Native American Heritage Commission (NAi-tC) shall be notified within 24 hours by the County Coroner. The NAHC must immediately notify the Most Likey Descendent(s) under Public Resources Code §5097.98 and the descendants must make TIMING During Earthmoving Activities During Earthmoving Activities During Project Construction MONITORING City of Temecula Community Development Department City of Temecula Community Development /Public Works Departments City of Temecula Community Development /Public Works Departments DATE COMPLETED SIGNATURE 4IPage SOURCE MITIGATION MEASURE 1 TIMING MONITORING DATE COMPLETED SIGNATURE recommendations or preference for treatment within 48 hours of being granted access to the site. Guidelines of the NAHC shall be adhered to in the treatment and disposition of the remains in accordance with the provisions of Health and Safety Code §7050.5 and Public Resources Code §5097.98. Section 3.6, Impact 3.6 (b) and Section 3.9, Impact 3.9 (a) Geology and Soils Mitigation Measure (GEO-1) In accordance with the National Pollutant Discharge Eiminatto System requirements, the Project Applicant would prepare a Stormwater Pollution Prevention Plan (SWPPP) for approval by the City prior to grading activities. The SWPPP will include relevant Best Management Practices (MMPs) in order to minimize soil erosion and water quality impacts during Project construction. During Project Construction City of Temecula Public Works Department M Section 3.8, Impact 3.8 (d) Hazards and Hazardous Materials Mitigation Measure (HAZ-1) The Project Applicant shall retain the services of a Registered Professional Engineer or Geologist, with experience in remedial investigation, available for consultation during soil excavation and grading activities. The Registered Professional Engineer or Geologist shall be given full authority to oversee any earthmoving activities to determine if disturbed soils are Contaminated. During Project Construction City of Temecula Community Development / Public Works Departments Section 3.8, Impact 3.8 (d) Hazards and Hazardous Materials Mitigation Measure (HAZ-2) If potentially contaminated soil is unearthed during site disturbance activities, the Registered Professional Engineer or Geologist shall inspect the identified area and determine the need for sampling to confirm the nature and extent of contamination. Depending on the nature and extent of contamination, the Registered Professional Engineer or Geologist shall have the authority to temporarily suspend construction activity at that location for the protection of workers or the public. If the Registered Professional Engineer or Geologist determines that significant remediation is necessary, the Project Applicant shall contact representatives of the San Diego Regional Water Quality Control Board, Departrmenl of Toxic Substances Control, and other local agencies. if applicable, for guidance and possible oversight. The applicant will be required to implement all requirements identified by San Diego Regional Water Quality Control Board and Department of Toxic Substances Control. During Project Construction City of Temecula Public Works Department Section 3.12, Impact 3.12 (a), 3.12 (c), and 3.12 (d) Noise Mitigation Measure (NOI-1) Prior to Grading Permit issuance, the Applicant shall demonstrate, to the satisfaction of the Director of Community Development that the Project complies with the following: • Construction contracts specify that all construction equipment, feed or mobile, shall be equipped with properly operating and maintained mufflers and other state required noise attenuation devices. i n Property owners and occupants located within 200 feet of the Project boundary shall be sent a notice, at least 15 days prior to commencement of construction of each phase, regarding the construction schedule of the proposed Project. A sign, legible at a distance of 50 feet shall also be Prior to Grading Permit Issuance City of Temecula Community Development Department SOURCE 61Page MITIGATION MEASURE posted at the Project construction site. All notices and signs shall be reviewed and approved by the City of Temecula Planning Department, prior to mailing or posting and shall indicate the dates and duration of construction activities, as well as provide a contact name and a telephone number where residents can inquire about the construction process and register complaints. • Construction haul routes shall be designed to avoid noise sensitive uses (e.g., residences, convalescent homes, etc.), to the extent feasible. • During construction, stationary construction equipment shall be placed such that emitted noise is directed away from sensitive noise receivers. • Construction activities shall not take place outside of the allowable hours specified by the City's Municipal Code Section 920.060(D) (7:00 a.m. and 6:30 p.m. Monday through Saturday; construction activities are not permitted on Sundays or national holidays). • Construction haul routes shall be designed to avoid noise sensitive uses (e.g., residences, convalescent homes, schools, churches, etc.), to the extent feasible, • During construction, stationary construction equipment shall be placed such that emitted noise is directed away from sensitive noise receptors. TIMING MONITORING DATE COMPLETED SIGNATURE May 2017 CITY COUNCIL RESOLUTION MITIGATED NEGATIVE DECLARATION RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A MITIGATED NEGATIVE DECLARATION, AND MITIGATION MONITORING PROGRAM FOR A DEVELOPMENT PLAN APPLICATION FOR THE CONSTRUCTION OF A 493,044 SQUARE -FOOT INDEPENDENT LIVING, ASSISTED LIVING, AND MEMORY CARE COMMUNITY CONTAINING 317 UNITS AND A PLANNED DEVELOPMENT OVERLAY AMENDMENT TO THE LINFIELD CHRISTIAN SCHOOL PLANNED DEVELOPMENT OVERLAY (PDO -7) GENERALLY LOCATED ON THE SOUTH SIDE OF RANCHO VISTA ROAD, APPROXIMATELY 2,500 FEET EAST OF MARGARITA ROAD (APNS 955-020-019, 955-020-018, 955-020-012, 955-020-017) 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. On December 21, 2015, Aaron Walker filed Planning Application Nos. PA15-1885, Development Plan Application, and PA15-1886 a Planned Development Overlay Amendment in a manner in accord with the City of Temecula General Plan and Development Code. B. On June 21, 2017, the Planning Commission recommended approval of Planning Application Nos. PA15-1885, Development Plan Application, and PA15-1886 a Planned Development Overlay Amendment (collectively referred to as the "Project"). C. The Project was processed including, but not limited to all public notices, in the time and manner prescribed by State and local law, including the California Environmental Quality Act, Public Resources Code 21000, et seq. and the California Environmental Quality Act Guidelines, 14. Cal. Code Regs 15000 et seq. (collectively referred to as "CEQA"). D. Pursuant to CEQA, the City is the lead agency for the Project because it is the public agency with the authority and principal responsibility for approving the Project. E. On June 21, 2017, at a duly noticed public hearing as prescribed by law, the Planning Commission considered the Project and any comments received prior to or at the public hearing on June 21, 2017, 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 Project and the Mitigated Negative Declaration. F. The Planning Commission reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration prior to and at the June 21, 2017 public hearing, and based on the whole record before it finds that: (1) the Mitigated Negative Declaration was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment; and (3) the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. G. On , 2017, the City Council considered the Project and the Mitigated Negative Declaration at a duly noticed public hearing which time the City staff presented its report, and all interested persons had an opportunity to and did testify either in support or in opposition to the Project and the Mitigated Negative Declaration. H. The City Council reviewed the Mitigated Negative Declaration and considered all testimony and comments received regarding the Project and the Mitigated Negative Declaration prior to and at the , 2017 public hearing, and based on substantial evidence in the whole record before it finds that: (1) The Mitigated Negative Declaration was prepared in compliance with CEQA; (2) There is no substantial evidence that the Project will have a significant effect on the environment; and (3) The Mitigated Negative Declaration reflects the independent judgment and analysis of the City Council. Section 2. Based on the findings set forth in the Resolution, the City Council hereby adopts the Mitigated Negative Declaration and the Mitigation Monitoring Program attached hereto as Exhibit "A" and incorporated herein by this reference. The mitigation measures included in the Mitigation Monitoring Program will be imposed as enforceable conditions of approval of the Project. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of, 2017. ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) Maryann Edwards, Mayor I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. - was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , 2017, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Randi Johl, City Clerk EXHIBIT A MITIGATION MONITORING AND REPORTING PROGRAM PROJECT NAME: PROJECT MANAGER: Scott Cooper, Associate Planner, City of Temecula Linfield Village Senior Housing Development Project MITIGATION MONITORING AND REPORTING PROGRAM Linfield Village Senior Housing Development Project PROJECT DESCRIPTION: The Linfield Village Senior Housing Development Project consists of all actions related to the design and construction of an approximately 490,048 SF independent living, assisted living, and memory care community named "Linfield Village" on an existing disturbed 15.58 -acre vacant lot. PROJECT LOCATION: The proposed Project is generally located in the City of Temecula located at the Linfield Christian School on Rancho Vista Road approximately 2,500 feet east of Margarita Road at APN 955-020-006. INTRODUCTION: 1IPage This document is the Mitigation Monitoring and Reporting Program (MMRP) for the Linfield Vilage Senior Housing Project. An MMRP is required for the proposed Project because the IS/MND has identified significant adverse impacts, and measures have been identified to mitigate those impacts. This MMRP has been prepared pursuant to Section 21081.5 of the California Public Resources Code, which requires public agencies to 'adopt a reporting and monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on Ute environment" As the lead agency, the City of Temecula will be responsible for monitoring compliance with all mitigation measures. Different City departments are responsible for vanaus aspects of the Project. The MMRP identifies the department with the responsibility for ensuring the measure is completed: however, it is expected that ane or more departments will coordinate efforts to ensure compliance. The MMRP is presented in tabular form on the following pages. The components of the MMRP are described briefly below. Source and Mitigation Measure: The mitigation measures are taken from the Initial Study/Mitigated Negative Declaration (IS/MND), in the same order they appear in the IS/MND. Timing: Identifies at which stage of the Project the mitigation must be completed. Monitoring Responsibility: Identifies the department in the City with responsibility for mitigation monitoring. Date Completed and Signature: Provides a contact who reviewed the mitigation measure and the date the measure was determined complete. SOURCE Section 3.3, Impact 3.3 (b), (c), and (d). 21Page Mitigation Monitoring and Reporting Program Matrix City of Temecula Linfield Village Senior Housing Development Project MITIGATION MEASURE Air Quality Mitigation Measure (AQ -1) Prior to issuance of any Grading Permit, the City Engineer shall confirm that the Grading Plan and project specifications stipulate that, in compliance with SCAQMO Rule 403, excessive Fugitive dust emissions shall he controlled by regular watering or other dust prevention measures, as specified in the SCAQMD's Rules and Regulations. fn addition, SCAQMD Rule 402 requires implementation of dust suppression techniques to prevent fugitive dust from creating a nuisance off-site. Implementation of the following measures would reduce short-term fugitive dust impacts on nearby sensitive receptors: • Pave or apply water every three hours during daily construction activities or apply non-toxic soil stabilizers on all unpaved access roads, parking areas, and staging areas. More frequent watering shall occur if dust is observed migrating from the site during site disturbance; • Any on-site stockpiles of debris, dirt, or other dusty material shall be enclosed, covered, or watered twice daily, or non-toxic soil binders shall be applied; • All grading and excavation operations shall be suspended when wind speeds exceed 25 miles per hour; • Disturbed areas shall be replaced with ground cover or paved immediately after construction is completed in the affected area; • Track -out devices such as gravel bed track -out aprons (3 inches deep, 25 feet long, 12 feet wide per lane and edged by rock berm or row of stakes) shall be Installed to reduce mud/dirt track -out from unpaved puck exit routes. Altematively, a wheel washer shall be used at truck exit routes; • On-site vehicle speed shall be limited to 15 miles per hour; • All material transported off-site shall be either sufficiently watered or securely carered to prevent excessive amounts of dust prior to departing the job site: and • Trucks associated with soil -hauling activities shall avoid residential streets and utilize City -designated truck routes to the extent feasible. TIMING Prior to Grading Permit Issuance MONITORING City of Temecula Public Works Department DATE COMPLETED SIGNATURE May 2017 SOURCE Se 3.1 Impact 3.4 (a) and 3.4 (1), and Section 3.10, Impact 3.10 (c) Section 3.4, Impact 3.4 (a) and 3.4 (f), and Section 3.10, Impact 3.10 (c) MITIGATION MEASURE Biological Resources Mitigation Measure (BIO.1) Construction should occur outside of the avian breeding season (generally January 1 — August 30), If construction must occur during the avian breeding season, a qualified biologist strati conduct a preconstruction nesting bird clearance survey In all work areas and alt areas within 500 feet of the general construction zone. This shag occur no more than one week prior to construction, Active nests shall be given an avoidance buffer, typically 300 feet for non -listed, non -raptor species, and 500 feet for listed and raptor species. This buffer shall remain in place until the young fledge or the nest otherwise becomes inactive, and may be reduced with approval from with US Fish and Wildlife Service and/or California Department of Fish and Wildlife. Biological Resources Mitigation Measure (B10-2) If nesting birds are present, a 300-500 foot buffer (raptors and birds of prey require a 500 foot buffer. other birds require a 300 foot buffer) shall be set up around the active nest. The buffer is a no -work zone and construction activities may not resume until the nest is no linger active (i.e, avian species are no longer showing nesting behavior, young have fledged). To determine when nesting behaviors are finished, a qualified biotogist shall monitor the nest weekly until the young have fledged the area and the nest is no longer active. TIMING Prior to initiation of construction activities Prior to initiation of construction activities MONITORING City of Temecula Community Development /Public Works Departments City of Temecula Community Development /Public Works Departments DATE COMPLETED SIGNATURE Section 3.4, Impact 3.4 (a) and 3.4 (f), and Section 3.10, Impact 3.10 (c) Biological Resources Mitigation Measure (BI0.3) No more than 30 days prior to any ground -disturbing construction activities on the Project site, a qualified biologist shall conduct a preconstruction clearance survey for burrowing owls and present the written results of the survey to the City. The survey shall be completed in areas of suitable habitat on and within 250 feet of the Project site. Within 30 days prior to any ground -disturbing construction activities City of Temecula Community Development Department Section 3.4, Impact 3.4 (b) and 3.4 (c), and Section 3.9, Impact 3.9 (d) Section 3.4, Impact 3.4 (b) and 3.4 (c), and Section 3.9, Impact 3.9 (d) Biological Resources Mitigation Measure (1310-4) Prior to issuance of a grading permit, the Project Applicant shall gain approval of a Clean Water Act Section 404 permit from the Army Corps of Engineers, a Clean Water Act Section 401 Water Quality Certification from the San Diego Regional Quality Control Beard, and a Section 1602 Streambed Alteration Agreement from the California Department of Fish and Wildlife for Project impacts to 0.2 acre of USACOEIRWQCB jurisdictional waters and 0.19 acre of impacts to CDFW associated riparian habitat resulting with expansion of Rancho Vista Road. Biological Resources Mitigation Measure (1310-5) Prior to issuance of a grading permit, and separate from any permitting requirements of the affected wildlife agencies, the Project Applicant shall prepare a Determination of Biologically Equivalent or Superior Preservation (DBESP) analysis. pursuant to the requirements of Section 6.1.2 of the under the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP). The DBESP shall be submitted to and approved by the appropriate Wtd6fa Agencies prior to any Project -related ground -disturbing activities. Prior to Grading Permit Issuance Prior to Grading Permit Issuance City of Temecula Public Works Department City of Temecula Community Development / Public Works Departments 3IPage SOURCE MITIGATION MEASURE TIMING MONITORING DATE COMPLETED SIGNATURE Section 3.5, Impact 3.5 (b) Cultural Resources Mitigation Measure (CUL -1) An archaeological monitor shall be present during any earthmoving activities associated With the Prclect. The monitor shall work under the direct supervision of a culbaral resource professional who meets the Secretary of Interior's Professional Qualification Standards for archaeology. In the event an archaeological resource is uncovered, the monitor shall be empowered to temporarily halt or redirect construction for work in the vicinity of any find until the Project archaeologist can evaluate it. In the event of a relevant find, salvage excavation and reporting will be required. Grading or further ground disturbance shall not resume within the area of the discovery until an agreement has been reached by the developer, the archaeologist, and the Planning Director. Any recovered archaeological resources shall be processed and curated according to current professional repository standards as appropriate. The collections and associated records shall be donated to an appropriate curation facility, or, the artifacts may be delivered to the appropriate Native American Tribe(s) if that is recommended by the City. A final report containing the significance and treatment findings shall be prepared by the archaeologist and submitted to the City, if required. During Earthmoving Activities City of Temecula Community Development Department Section 3.5, Impact 3.5 (c) Cultural Resources Mitigation Measure (CUL -2) A paleontological monitor shall be present during any earthmoving activities associated with the Project The monitor shall work under the direct supervision of a paleontological resource professional who meets the minimum qualifications for a vertebrate paleontologist as described in the Standard Procedures for the Assessment and Mitigation of Adverse Impacts to Paleontological Resources by the Society of Vertebrate Paleontology (2010). In the event a paleontological resource is uncovered, the monitor shall be empowered to temporarily halt or redirect construction for work in the vicinity of any find until the Project paleontologist can evaluate it. In the event of a relevant find, salvage excavation and reporting will be required. Grading or further ground disturbance shall not resume within the area of the discovery until an agreement has been reached by the developer, the paleontologist, and the Planning Director. Any recovered paleontological resources shall be processed and curated according to current professional repository standards as appropriate. The collections and associated ruccrds snail be donated to an appropriate curation facility, or, the artifacts may he delivered to the appropriate Native American Tribe(s) if that is recommended by the City. A final report containing the significance and treatment findings shall be prepared by the paleontologist and submitted to the City, if required. During Earthmoving Activities City of Temecula Community Development /Public Works Departments Section 3.5, Impact 3.5 (d) Cultural Resources Mitigation Measure (CUL -3) Consistent with State CEQA Guidelines, Section 15064.5, Subdivision (e), in the event of an accidental discovery or recognition of any human remains, the County Coroner shall be notified and construction activities at the affected work site shall be halted. If the remains are found to be Native American, the Native American Heritage Commission (NAHC) shad be notified within 24 hours by the County Coroner. The NAHC must immediately notify the Most Likely Descendenl(s) under Public Resources Coda §5097.98 and the descendants must make ' During Project Construction City of Temecula Community Development /Public Works Departments Wag SOURCE Section 3.6, Impact 3.6 (b) and Section 3.9, Impact 3.9 (a) Section 3.8. Impact 3.8 (d) Section 3.8, Impact 3.8 (d) MITIGATION MEASURE recommendations or preference for treatment within 48 hours of being granted access to the site. Guidelines of the NAHC shall be adhered to in the treatment and disposition of the remains in accordance with the provisions of Health and Safety Code §7050.5 and Public Resources Code 0097,98. TIMING MONITORING DATE COMPLETED SIGNATURE Section 3.12, Impact 3.12 (a), 3.12 (c), and 3.12 (d) 5!Page Geology and Solis Mitigation Measure (GEO.1) In accordance with the National Pollutant Discharge Elimination System requirements, the Project Applicant would prepare a Stonnwater Pollution Prevention Plan (SWPPP) for approval by the City prior to grading activities. The SWPPP will include relevant Best Management Practices (BMPs) in order to minimize soil erosion and water quality impacts during Project construction. Hazards and Hazardous Materials Mitigation Measure (HAZ-1) The Project Applicant shall retain the services of a Registered Professional Engineer or Geologist, with experience in remedial investigation, available for consultation during soil excavation and grading activities. The Registered Professional Engineer or Geologist shall be given full authority to oversee any earthmoving activities to determine if disturbed soils are contaminated. Hazards and Hazardous Materials Mitigation Measure (HAZ•2) If potentially contaminated soil is unearthed during site disturbance activities, the Registered Professional Engineer or Geologist shall inspect the identified area and determine the need for sampling to confirm the nature and extent of contamination. Depending on the nature and extent of contamination, the Registered Professional Engineer or Geologist shall have the authority to temporarily suspend construction activity at that location for the protection of workers or the public. If the Registered Professional Engineer ar Geologist determines Oat significant remediation is necessary, the Project Applicant shall contact representatives of the San Diego Regional Water Quality Control Board, Department of Toxic Substances Control, and other local agencies, rf applicable, for guidance and possible oversight The applicant will be required to implement all requirements identified by San Diego Regional Water Quality Control Board and Department of Toxic Substances Control. Noise Mitigation Measure (NO1.1) Prior to Grading Permit issuance, the Applicant shall demonstrate, to the satisfaction of the Director of Community Development that the Project complies with the following: • Construction contracts specify that all construction equipment, fixed ar mobile, shall be equipped with properly operating and maintained mufflers and other state required noise attenuation devices. • Property owners and occupants located within 200 feet of the Project boundary shall be sent a notice. at least 15 days prior to commencement of construction of each phase, regarding the construction schedule of the proposed Project. A sign, legible at a distance of 50 feet shall also be During Project Construction During Project Construction During Construction Project Prior to Grading Permit Issuance City of Temecula Public Works Department City of Temecula Community Development 1 Public Works Departments City of Temecula Public Works Department City of Temecula Community Development Department SOURCE MITIGATION MEASURE TIMING MONITORING DATE COMPLETED J SIGNATURE posted at the Project construction site. All notices and signs shall be reviewed and approved by the City of Temecula Planning Department, prior to mailing or posting and shall indicate the dates and duration of construction activities, as well as provide a contact name and a telephone number where residents can inquire about the construction process and register complaints. • Construction haul routes shall be designed to avoid noise sensitive uses (e.g., residences, convalescent homes, etc.), to the extent feasible. • During construction, stationary construction equipment shall be placed such that emitted noise is directed away from sensitive noise receivers. • Construction activities shall not take place outside of the allowable hours specified by the City's Municipal Code Section 920.060(D) (7:00 a.m. and 6:30 p.m. Monday through Saturday; construction activities are not permitted on Sundays or national holidays). • Construction haul routes shall be designed to avoid noise sensitive uses (e.g., residences, convalescent homes, schools, churches, etc.), to the extent feasible. • During construction, stationary construction equipment shall be placed such that emitted noise is directed away from sensitive noise receptors. PC RESOLUTION PLANNED DEVELOPMENT OVERLAY AMENDMENT PC RESOLUTION NO. 17- 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 APPROVING A PLANNED DEVELOPMENT OVERLAY AMENDMENT TO THE LINFIELD CHRISTIAN SCHOOL PLANNED DEVELOPMENT OVERLAY (PDO -7) GENERALLY LOCATED ON THE SOUTH SIDE OF RANCHO VISTA ROAD, APPROXIMATELY 2,500 FEET EAST OF MARGARITA ROAD (APN 955-020-019, 955-020-018, 955- 020-012, 955-020-017) (PA15-1886)" Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On December 21, 2015, Aaron Walker filed Planning Application Nos. PA15- 1885, a Development Plan Application, and PA15-1886 a Planned Development Overlay Amendment in a manner in accordance with the City of Temecula General Plan and Development Code. B. The Application was processed including, but not limited to, a public notice, in the time and manner prescribed by State and local law. C. The Planning Commission, at a regular meeting, considered the Application and environmental review on June 21, 2017, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. D. Concurrently with the adoption of this Resolution, the Planning Commission adopted Resolution No. , recommending that the City Council approve the development plan application, subject to conditions of approval. E. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Planned Development Overlay Amendment Application PA15-1886: A. Pursuant to California Environmental Quality Act ("CEQA"), City staff prepared an Initial Study of the potential environmental effects of the approval of the Planned Development Overlay Amendment, as described in the Initial Study ("the Project"). Based upon the findings contained in that study, City staff determined that there was no substantial evidence that the Project could have a significant effect on the environment and a Mitigated Negative Declaration was prepared. B. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration as required by law. The public comment period commenced on September 23, 2016, and ended on October 24, 2016. Copies of the documents have been available for public review and inspection at the offices of the Department of Community Development, located at City Hall, 41000 Main Street, Temecula, California 92590, the City of Temecula website, and the Ronald H. Roberts and Grace Mel!man libraries. C. Five written comments were received prior to the public hearing and a response to all the comments made therein was prepared, submitted to the Planning Commission and incorporated into the administrative record of the proceedings. D. The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration prior to and at the June 21, 2017 public hearing, and based on the whole record before it finds that: (1) the Mitigated Negative Declaration was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment; and (3) the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. E. Based on the findings set forth in the Resolution, the Planning Commission recommends that the City Council adopt the Mitigated Negative Declaration and the Mitigated Monitoring and Reporting Program prepared for the Project. Section 3. Further Findings. The Planning Commission, in recommending approval of the Planned Development Overlay Amendment Application No. PA15-1886 hereby finds, determines and declares that: A. The proposed Ordinance is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City; The proposed Zone Change/Planned Development Overlay Amendment Ordinance conforms to the City of Temecula General Plan Land Use Element. Furthermore, the proposed Zone Change/Planned Development Overlay Amendment Ordinance directly responds to Goal 1 Policy LU -1.1 and LU -1.2 of the General Plan Land Use Element. In addition to employing the City's planned development overlay amendment zoning district tool, the proposed project is also consistent with the above General Plan Land Use Element goal and policy in that it is contributing to the development of a variety of residential product types in the form of congregate care housing and has been designed to minimize impacts on surrounding land uses and infrastructure through required and proposed design guidelines and development standards, building orientation and location, circulation and access improvements, and other features and requirements of proposed Planned Development Overlay Amendment. Additionally, mitigation measures are identified in the MND to further reduce the potential for impacts to surrounding uses and infrastructure. Section 4. Recommendation. The Planning Commission of the City of Temecula recommends that the City Council adopt an Ordinance adopting a Planned Development Overlay Amendment to the Linfield Christian School Planned Development Overlay (PDO - 7) generally located on the south side of Rancho Vista Road, approximately 2,500 feet east of Margarita Road, in substantially the form attached to this Resolution as Exhibit "A", and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 21st day of June, 2017. ATTEST: Luke Watson Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) John Telesio, Chairman I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 17- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 21st day of June 2017, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS ABSENT: PLANNING COMMISSIONERS ABSTAIN: PLANNING COMMISSIONERS Luke Watson Secretary EXHIBIT A CITY COUNCIL ORDINANCE (PLANNED DEVELOPMENT OVERLAY) ORDINANCE NO. 17 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A PLANNED DEVELOPMENT OVERLAY AMENDMENT TO THE LINFIELD CHRISTIAN SCHOOL PLANNED DEVELOPMENT OVERLAY (PDO -7) GENERALLY LOCATED ON THE SOUTH SIDE OF RANCHO VISTA ROAD, APPROXIMATELY 2,500 FEET EAST OF MARGARITA ROAD. (APN 955-020-019, 955-020-018, 955- 020-012, 955-020-017) (PA15-1886) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. On December 21, 2015, Aaron Walker filed Planning Application Nos. PA15-1885, a Development Plan Application, and PA15-1886 a Planned Development Overlay Amendment (collectively, "the Project") in a manner in accord with the City of Temecula General Plan and Development Code. B. The Project was processed including, but not limited to all public notices, in the time and manner prescribed by State and local law, including the California Environmental Quality Act, Public Resources Code 21000, et seq. and the California Environmental Quality Act Guidelines, 14. Cal. Code Regs 15000 et seq. (collectively referred to as "CEQA"). C. Pursuant to CEQA, the City is the lead agency for the Project because it is the public agency with the authority and principal responsibility for approving the Project. D. A Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program were prepared for the Project in accordance with CEQA. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the MND as required by law. The public comment period commenced via the State Clearing House from September 23, 2016 through October 24, 2016. Copies of the documents have been available to public review and inspection at the offices of the Department of Community Development, located at City Hall, 41000 Main Street, Temecula, California 92590, the City of Temecula website, and the Ronald H. Roberts and Grace Mellman libraries. D. On June 21, 2017, at a duly noticed public hearing as prescribed by law, the Planning Commission considered the Project and any comments received prior to or at the public hearing on June 21, 2017, 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 Project and the MND. E. Following consideration of the entire record before it at the public hearing and due consideration of the proposed Project the Planning Commission recommended that the City Council adopt the MND, and the Mitigation Monitoring and Reporting Program prepared for the Project. F. At the conclusion of the Planning Commission hearing and after due consideration of the entire record before the Planning Commission hearing, and after due consideration of the testimony regarding the proposed Project, the Planning Commission recommended that the City Council approve the Project including Planning Application Nos. PA15-1885, a Development Plan and PA15-1886, a Planned Development Overlay Amendment. G. On , the City Council of the City of Temecula considered the Project and the MND and Mitigation Monitoring and Reporting Program 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 Council considered all the testimony and any comments received regarding the Project, the MND, and the Mitigation Monitoring and Reporting Program prior to and at the public hearing. H. Following the public hearing, the Council adopted Resolution No. 17 - adopting the MND and the Mitigation Monitoring and Reporting Program. I. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Legislative Findings. The City Council in approving the Planned Development Overlay Amendment/Zone Change hereby makes the following findings: A. The proposed Ordinance is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City; The proposed Zone Change/Planned Development Overlay Amendment Ordinance conforms to the City of Temecula General Plan Land Use Element. Furthermore, the proposed Zone Change/Planned Development Overlay Amendment Ordinance directly responds to Goal 1 Policy LU -1.1 and LU -1.2 of the General Plan Land Use Element. In addition to employing the City's planned development overlay amendment zoning district tool, the proposed project is also consistent with the above General Plan Land Use Element goal and policy in that it is contributing to the development of a variety of residential product types in the form of congregate care housing and has been designed to minimize impacts on surrounding land uses and infrastructure through required and proposed design guidelines and development standards, building orientation and location, circulation and access improvements, and other features and requirements of proposed Planned Development Overlay Amendment. Additionally, mitigation measures are identified in the MND to further reduce the potential for impacts to surrounding uses and infrastructure. Section 3. Zoning Code Amendment. The City Council hereby amends Chapter 17.22 (PLANNED DEVELOPMENT OVERLAY ZONING DISTRICT (PDO-)) of Title 17 (Zoning) of the Temecula Municipal Code by amending Article VIII, entitled "Linfield Christian School Planned Development Over District - 7" to read as provided in Exhibit A, attached to this Ordinance and incorporated herein as thought set forth in full. Section 4. Severability. If any portion, provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining portions, provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect and shall be interpreted by the court so as to give effect to such remaining portions of the Ordinance. Section 5. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption. Section 6. 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 day of ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) Maryann Edwards, Mayor I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. - was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the day of, , and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk EXHIBIT A PLANNED DEVELOPMENT OVERLAY Article VIII. Linfield Christian School Planned Development Overlay District -7 17.22.180 Title. Sections 17.22.180 through 17.22.188 shall be known as "PDO -7" (Linfield Christian School planned development overlay district). (Ord. 03-09 § 3 Exh. A (part)) 17.22.181 Purpose and intent. The Linfield Christian School planned development overlay district (PDO -7) is intended to create a unique mixed-use area within the city, blending educational, recreational, institutional and residential facilities in a comprehensive master plan that builds upon the existing campus development. PDO -7 allows for the introduction of compatible housing opportunities within the conventional zoning district and serves to implement the objectives of the land use and housing elements of the general plan. Supplemental development standards have been provided to recognize the transition between the existing campus facilities and the new development areas, to promote compatibility with the surrounding land uses, and to insure the long-term design quality of the Linfield Christian School PDO district. (Ord. 03-09 § 3 Exh. A (part)) 17.22.184 Relationship with the development code and citywide design guidelines. A. The list of permitted, conditionally permitted, and prohibited uses for the Linfield Christian School planned development overlay district is contained in Table 17.22.186B. B. Except as modified by the provisions of Section 17.22.188, the following rules and regulations shall apply to all planning applications in this area. 1. Where this PDO is silent, the development standards of the public institutional (PI) district in the development code shall apply (Section 17.12). 2. The development standards in the development code that would apply to the medium density residential district, and are in effect at the time an application is deemed complete, for any proposed residential housing to be located in planning area 2 of PDO -7. The maximum number of residences to be developed in Planning Area 2 is twenty-six. 3. The master plan and design guidelines approved as a part of the Linfield Christian School Master Plan shall apply to Planning Areas 1A, and 1B of this PDO. Development proposals within Planning Areas 2 and 3A and 3B shall comply with the City of Temecula Citywide Design Guidelines. 4. Senior Housing, Assisted Living, Congregate Care Housing, Skilled Nursing or Memory Care facilities shall be permitted pursuant to the standards within Section 17.10.020 of the Temecula Development Code, except as modified by the requirements of Section 17.22.188 of this Article. (Ord. 03-09 § 3 (part)) 1 17.22.186 Use regulations. The list of permitted land uses for the Linfield Christian School planned development overlay district is contained in Table 17.22.186B. PDO -7 contains three different planning areas as shown in Exhibit 17.22.186A. The three planning areas are identified as follows: ► Planning Area 1: Educational/Institutional: identified as (El) in Table 17.22.186B. Planning Area 1 is further separated into two subareas: Planning Area 1A (58.25 gross acres) is the main Linfield Christian School Campus, and Planning Area 1B ( 5.82 gross acres) is the existing elementary school campus. ► Planning Area 2 ( 7.58 gross acres): Educational/Residential: identified as (ER) in Table 17.22.186B; and, ► Planning Area 3: Public/Institutional: identified as (PI) in Table 17.22.186B. Planning Area 3 is further separated into two subareas: Planning Area 3A (15.58 gross acres) Planning Area 3B (12.42 gross acres) EXHIBIT 17.22.186A LINFIELD CHRISTIAN SCHOOL PLANNING AREA MAP Pauua Rawl PLANNING AREA 3B 2 Where indicated with the letter "P" the use shall be a permitted use. A letter "C" indicates the use shall be conditionally permitted, subject to the approval of a conditional use permit. Where indicated with a "–," the use is prohibited within the planning area. Table 17.22.186B Schedule of Permitted Uses Lintield Christian School Planned Development Overlay District -7 Description of Use Area 1 Description of Use Area 1A & 1B (EI) Area 2 ' / Area 3A & 3B (PI) A P P Churches, temples, religious institutions Art gallery _ P p p Auditorium P C C B (Reserved) C C C C Christmas tree lots P P P Churches, temples, religious institutions C C C Communications and microwave installations' Community health clinics – – C Community center P C P Conference center P P P Congregate care housing (including support C C 1 P services), Congregate living health facility C C C Construction trailer (temporary) P P P Convalescent homes C P P D -- C Hospital Day care center P P P Day care health center P – P Educational institution C C C F Food services (for campus and special events) P P P G Garages, public parking _ C – P Golf courses C – P Golf college or sports training facility C – P Government offices P – p Government services P – p Group home – – – H Helipad or heliport C -- C Hospital C – C I—K (Reserved) 3 Table 17.22.186B Schedule of Permitted Uses Linfield Christian School Planned Development Overlay District -7 Description of Use Area Description of Use Area 1A & 1B (EI) Area 2 (ER) Area 3A & 3B (PI) L Library P P P M Maintenance facility (accessory to primary use only) P C P Modular classrooms (used as interim classroom space) P P Museum P P P N (Reserved) O (Reserved) P Parks and recreation P P P Performing arts, theaters and places of public assembly P – C Police/sheriff station P – P Post office – – P 1 Public utilities C C C Q (Reserved) R Radio and broadcasting studios P -- P Recording studios P – P Religious facilities C C _ C Residential—single-family detached, school superintendent or dean's home, caretaker home, (accessory to private school use only) P _ P P Residential—single-family attached or duplex housing for school faculty – P Residential—multiple-family housing for school faculty – P - Residential—senior housing – C C Residential—student dorms C C C S Schools, trade or vocational C C C Skilled nursing facility C C C Sports and recreation facilities P P P T Trade or vocational schools C C C U Utility offices and service yards C C C 4 Table 17.22.186B Schedule of Permitted Uses Linfield Christian School Planned Development Overlay District -7 Description of Use Area Description of Use Area 1A & 1B (EI) Area 2 (ER) Area 3A & 3B (PI) V—Z (Reserved) Note: 1. Subject to Section 17.40 of the Temecula Municipal Code Legend: P = Permitted by right in the district C = Permitted by Conditional Use Permit in the district — = Use is prohibited in the district (EI) = Educational/Institutional: Planning Areas lA and 1B (ER) = Educational/Residential: Planning Area 2 (PI) = Public/Institutional: Planning Area 3 (Ord. 08-11 §§ 36-38; Ord. 03-09 § 3 Exh. A (part)) 17.22.188 Supplemental development standards. Permitted and conditionally permitted uses within PDO -7 shall comply with the development standards of the underlying public/institutional zoning district except as modified or augmented by the standards contained in this section. A. General. 1. All new development occurring within Planning Areas lA and 1B shall be in substantial conformance with the Linfield Christian School master plan, provided that modifications of up to twenty percent of the estimated square footage of the individual or combined structures may be approved by the planning director. Minor modifications to the site location or number of new facilities may also be approved by the planning director. Major modifications to the overall scale, intensity or intended land uses within the planning areas shall be referred to the planning commission for approval. 2. All new development within Planning Area 1 A and 1B deemed to be in compliance with the Linfield master plan and design guidelines shall be subject to the administrative review process, pursuant to Section 17.05.020 of the Temecula Development Code. 3. Development proposals for faculty housing units within Planning Area 2 of PDO -7 shall be subject to the development standards of the medium density residential (M) zoning district, and will require review and approval of a development plan by the planning commission. The maximum number of residences to be developed in Planning Area 2 is twenty-six. 5 4. Development proposals for Senior Housing, Assisted Living, Congregate Care Housing, Skilled Nursing or Memory Care facilities shall be permitted up to a maximum density of twenty-four (24) units per acre within Planning Area 3A and adhere to the following minimum requirements: a. The net livable floor area square footage for senior housing units shall be as required in Section 17.10.020 except that Assisted Living units shall be a minimum of 350 square feet for studio/efficiency units; and Memory Care units shall be a minimum of 250 square feet for private units and 350 square feet for shared units. b. Senior Housing for Independent Living and Assisted Living shall provide a minimum of 68 square feet of private open space per unit, excluding units dedicated as guest units for visiting family members or other non-residents, and may be comprised of private outdoor patios, decks, porches, balconies, and yards. The combined common area and private open space shall be a minimum of 200 square feet per unit and may include plazas, courtyards, gardens, recreational areas, putting greens, decks and patios. c. Single -story attached senior housing units shall provide a minimum of 150 square feet per unit of private open space which may be comprised of porches, patios, yards, and courtyards within the front and rear yard areas of the units. d. Memory Care Facilities shall provide a minimum of 75 square feet per unit of common area outdoor space. 5. There is no maximum lot coverage or floor area requirement for development projects within PDO -7, provided that the respective development standards for the use are met. B. Setbacks. 1. Landscape setbacks along the Pauba Road and Rancho Vista Road street frontages shall be an average of twenty feet, except for Planning Area 1B which shall be a minimum of five feet, due to the presence of the existing elementary school parking lot. The overall average front setback along either roadway shall be no less than twenty feet. 2. Sidewalks, pedestrian paths, paving, driveways and wrought iron or chain link fencing are permitted to be located within the landscaped setback area. C. Building Height. 1. Structures within Planning Area 1 shall not exceed two stories, or forty-five feet in height. Architectural projections such as mansards, towers and other design elements shall be permitted to extend an additional ten feet above the height of the building. Structures designed as split-level in order to accommodate the existing site grades are permitted up to a height of sixty feet as measured from the lowest grade. Any structures over forty-five feet in height shall be located a minimum of one hundred feet from the nearest exterior property line, and a minimum of two hundred fifty feet from the property line of any single-family residential structure. 2. Single family residential and multi -family residential structures (with the exception of senior housing developments) shall not exceed two stories, or a maximum of thirty feet in height. 6 3. Multi -family Senior Housing, Assisted Living, Congregate Care Housing, and Convalescent Housing structures within Planning Area 3A shall not exceed four stories, (excluding parking level) or sixty-five feet in height above the lowest grade, except that elevator shafts and stairwells may extend above the roof height. Any portion of a structure over forty-five feet in height shall be set back a minimum of one hundred and thirty feet from the property line of any single-family residential structure. D. Parking. 1. Parking requirements for assembly facilities within Planning Area 1 shall be considered as shared parking in conjunction with the standard spaces required under the development code for school parking. This determination applies to those assembly or special event facilities primarily used by the student population and faculty during the school day, or those facilities conducting events after school or in the evening hours when regular school parking is available. 2. In order to provide sufficient onsite parking in the case of a special event on campus, and to prevent potential overflow parking on surrounding public streets, temporary, special event parking may be provided on designated outdoor play courts in Planning Area 1. Such temporary parking areas shall be clearly identified, and cease operation at the conclusion of the special event. E. Landscaping and Fencing. 1. Landscaping within parking lot areas shall be consistent with Section 17.24.050(H) of the Temecula Development Code, with the following exceptions: a. Landscaped planters shall not be required within the interior of parking lots except for at the ends of each row of parking spaces, due to the need to insure clear visibility in parking areas for campus security purposes. b. Required trees within the parking lot area shall be limited to the islands at the end of the parking rows, and within the landscaped areas at the perimeter of the parking lot. Trees shall be minimum fifteen -gallon containers, and may be spaced in a liner fashion around the perimeter or clustered. Trees shall be provided at a ratio of one tree for every four required parking spaces. Due to the extensive amount of existing mature trees within the district, and the internal nature of the parking lots within the landscaped setting, existing trees immediately adjacent to parking lots shall be included in the required count of parking lot trees. c. Parking lot landscaping standards shall only apply to new or substantially redeveloped parking lot areas within the district. d. Fencing for school facilities and outdoor recreation areas shall be exempt from the fence height requirements of Section 17.12.050 of the public/institutional district of the Temecula Development Code. Acceptable fencing materials include finished wrought iron or tubular steel, chain link, vinyl and decorative masonry. (Ord. 03-09 § 3 Exh. A (part)) 7 PLANNED DEVELOPMENT OVERLAY AMENDMENT Article VIII. Linfield Christian School Planned Development Overlay District -7 17.22.180 Title. Sections 17.22.180 through 17.22.188 shall be known as "PDO -7" (Linfield Christian School planned development overlay district). (Ord. 03-09 § 3 Exh. A (part)) 17.22.181 Purpose and intent. The Linfield Christian School planned development overlay district (PDO -7) is intended to create a unique mixed-use area within the city, blending educational, recreational, institutional and residential facilities in a comprehensive master plan that builds upon the existing campus development. PDO -7 allows for the introduction of compatible housing opportunities within the conventional zoning district and serves to implement the objectives of the land use and housing elements of the general plan. Supplemental development standards have been provided to recognize the transition between the existing campus facilities and the new development areas, to promote compatibility with the surrounding land uses, and to insure the long-term design quality of the Linfield Christian School PDO district. (Ord. 03-09 § 3 Exh. A (part)) 17.22.184 Relationship with the development code and citywide design guidelines. A. The list of permitted, conditionally permitted, and prohibited uses for the Linfield Christian School planned development overlay district is contained in Table 17.22.186B. B. Except as modified by the provisions of Section 17.22.188, the following rules and regulations shall apply to all planning applications in this area. 1. Where this PDO is silent, the development standards of the public institutional (PI) district in the development code shall apply (Section 17.12). 2. The development standards in the development code that would apply to the medium density residential district, and are in effect at the time an application is deemed complete, for any proposed residential housing to be located in planning area 2 of PDO -7. The maximum number of residences to be developed in Planning Area 2 is twenty-six. 3. The master plan and design guidelines approved as a part of the Linfield Christian School Master Plan shall apply to Planning Areas 1A, and 1B of this PDO. Development proposals within Planning Areas 2 and 3A and 3B shall comply with the City of Temecula Citywide Design Guidelines. 4. Senior Housing, Assisted Living, Congregate Care Housing, Skilled Nursing or Memory Care facilities shall be permitted pursuant to the standards within Section 17.10.020 of the Temecula Development Code, except as modified by the requirements of Section 17.22.188 of this Article. (Ord. 03-09 § 3 (part)) 1 17.22.186 Use regulations. The list of permitted land uses for the Linfield Christian School planned development overlay district is contained in Table 17.22.186B. PDO -7 contains three different planning areas as shown in Exhibit 17.22.186A. The three planning areas are identified as follows: ► Planning Area 1: Educational/Institutional: identified as (EI) in Table 17.22.186B. Planning Area 1 is further separated into two subareas: Planning Area 1 A (58.25 gross acres) is the main Linfield Christian School Campus, and Planning Area 1B ( 5.82 gross acres) is the existing elementary school campus. ► Planning Area 2 ( 7.58 gross acres): Educational/Residential: identified as (ER) in Table 17.22.186B; and, ► Planning Area 3: Public/Institutional: identified as (PI) in Table 17.22.186B. Planning Area 3 is further separated into two subareas: Planning Area 3A (15.58 gross acres) Planning Area 3B (12.42 gross acres) EXHIBIT 17.22.186A LINFIELD CHRISTIAN SCHOOL PLANNING AREA MAP PLANNING AREA 38 PLANNING AREA 1A PLANNING AREA 1B 2 Where indicated with the letter "P" the use shall be a permitted use. A letter "C" indicates the use shall be conditionally permitted, subject to the approval of a conditional use permit. Where indicated with a "–," the use is prohibited within the planning area. Table 17.22.186B Schedule of Permitted Uses Linfield Christian School Planned Development Overlay District -7 Description of Use Area Description of Use Area 1A & 1B (EI) Area 2 (ER) Area 3A & 3B A Art gallery P P P Auditorium P C C B (Reserved) C Christmas tree lots• P P P Churches, temples, religious institutions C C C Communications and microwave installations Community health clinics – – C Community center P C P Conference center P P P Congregate care housing (including support C C P services)_ Congregate living health facility C C C Construction trailer (temporary) P P P Convalescent homes C P P D Day care center P P P Day care health center P --- P E Educational institution C C C F Food services (for campus and special events) P P P G Garages, public parking C -- P Golf courses C – P Golf college or sports training facility C – P Government offices P – P Government services P – P Group home – – – H Helipad or heliport C – C Hospital C – C I—K (Reserved) 3 Table 17.22.186B Schedule of Permitted Uses Linfield Christian School Planned Development Overlay District -7 Description Area 2 (ER) of Use Area Area 3A & 3B (PI) Description of Use Area 1A & 1B (EI) L Library _ P P P M Maintenance facility (accessory to primary use only) P C P Modular classrooms (used as interim classroom space) P – P Museum P P P N (Reserved) O (Reserved) P Parks and recreation P P P Performing arts, theaters and places of public assembly P – C Police/sheriff station P – P Post office _ – -- P Public utilities _ C C C Co (Reserved) R Radio and broadcasting studios P – P Recording studios P – P Religious facilities C C C Residential—single-family detached, school superintendent or dean's home, caretaker home, (accessory to private school use only) P P P Residential—single-family attached or duplex housing for school faculty – P Residential—multiple-family housing for school faculty – P Residential—senior housing -- C C Residential—student dorms C C C S Schools, trade or vocational C C C Skilled nursing facility C C C Sports and recreation facilities P P P T Trade or vocational schools C C C U Utility offices and service yards C C C 4 Table 17.22.186B Schedule of Permitted Uses Linfield Christian School Planned Development Overlay District -7 Description Area 2 (ER) of Use Area Area 3A & 3B (PI) Description of Use Area 1A & 1B (EI) V—Z (Reserved) Note: 1. Subject to Section 17.40 of the Temecula Municipal Code Legend: P = Permitted by right in the district C = Permitted by Conditional Use Permit in the district – = Use is prohibited in the district (ET) = Educational/Institutional- Planning Areas lA and 1B (ER) = Educational/Residential: Planning Area 2 (PI) = Public/Institutional: Planning Area 3 (Ord. 08-11 §§ 36-38; Ord. 03-09 § 3 Exh. A (part)) 17.22.188 Supplemental development standards. Permitted and conditionally permitted uses within PDO -7 shall comply with the development standards of the underlying public/institutional zoning district except as modified or augmented by the standards contained in this section. A. General. 1. All new development occurring within Planning Areas lA and 1B shall be in substantial conformance with the Linfield Christian School master plan, provided that modifications of up to twenty percent of the estimated square footage of the individual or combined structures may be approved by the planning director. Minor modifications to the site location or number of new facilities may also be approved by the planning director. Major modifications to the overall scale, intensity or intended land uses within the planning areas shall be referred to the planning commission for approval. 2. All new development within Planning Area lA and 1B deemed to be in compliance with the Linfield master plan and design guidelines shall be subject to the administrative review process, pursuant to Section 17.05.020 of the Temecula Development Code. 3. Development proposals for faculty housing units within Planning Area 2 of PDO -7 shall be subject to the development standards of the medium density residential (M) zoning district, and will require review and approval of a development plan by the planning commission. The maximum number of residences to be developed in Planning Area 2 is twenty-six. 5 4. Development proposals for Senior Housing, Assisted Living, Congregate Care Housing, Skilled Nursing or Memory Care facilities shall be permitted up to a maximum density of twenty-four (24) units per acre within Planning Area 3A and adhere to the following minimum requirements: a. The net livable floor area square footage for senior housing units shall be as required in Section 17.10.020 except that Assisted Living units shall be a minimum of 350 square feet for studio/efficiency units; and Memory Care units shall be a minimum of 250 square feet for private units and 350 square feet for shared units. b. Senior Housing for Independent Living and Assisted Living shall provide a minimum of 68 square feet of private open space per unit, excluding units dedicated as guest units for visiting family members or other non-residents, and may be comprised of private outdoor patios, decks, porches, balconies, and yards. The combined common area and private open space shall be a minimum of 200 square feet per unit and may include plazas, courtyards, gardens, recreational areas, putting greens, decks and patios. c. Single -story attached senior housing units shall provide a minimum of 150 square feet per unit of private open space which may be comprised of porches, patios, yards, and courtyards within the front and rear yard areas of the units. d. Memory Care Facilities shall provide a minimum of 75 square feet per unit of common area outdoor space. 5. There is no maximum lot coverage or floor area requirement for development projects within PDO -7, provided that the respective development standards for the use are met. B. Setbacks. 1. Landscape setbacks along the Pauba Road and Rancho Vista Road street frontages shall be an average of twenty feet, except for Planning Area 1B which shall be a minimum of five feet, due to the presence of the existing elementary school parking lot. The overall average front setback along either roadway shall be no less than twenty feet. 2. Sidewalks, pedestrian paths, paving, driveways and wrought iron or chain link fencing are permitted to be located within the landscaped setback area. C. Building Height. 1. Structures within Planning Area 1 shall not exceed two stories, or forty-five feet in height. Architectural projections such as mansards, towers and other design elements shall be permitted to extend an additional ten feet above the height of the building. Structures designed as split-level in order to accommodate the existing site grades are permitted up to a height of sixty feet as measured from the lowest grade. Any structures over forty-five feet in height shall be located a minimum of one hundred feet from the nearest exterior property line, and a minimum of two hundred fifty feet from the property line of any single-family residential structure. 2. Single family residential and multi -family residential structures (with the exception of senior housing developments) shall not exceed two stories, or a maximum of thirty feet in height. 6 3. Multi -family Senior Housing, Assisted Living, Congregate Care Housing, and Convalescent Housing structures within Planning Area 3A shall not exceed four stories, (excluding parking level) or sixty-five feet in height above the lowest grade, except that elevator shafts and stairwells may extend above the roof height. Any portion of a structure over forty-five feet in height shall be set back a minimum of one hundred and thirty feet from the property line of any single-family residential structure. D. Parking. 1. Parking requirements for assembly facilities within Planning Area 1 shall be considered as shared parking in conjunction with the standard spaces required under the development code for school parking. This determination applies to those assembly or special event facilities primarily used by the student population and faculty during the school day, or those facilities conducting events after school or in the evening hours when regular school parking is available. 2. In order to provide sufficient onsite parking in the case of a special event on campus, and to prevent potential overflow parking on surrounding public streets, temporary, special event parking may be provided on designated outdoor play courts in Planning Area 1. Such temporary parking areas shall be clearly identified, and cease operation at the conclusion of the special event. E. Landscaping and Fencing. 1. Landscaping within parking lot areas shall be consistent with Section 17.24.050(H) of the Temecula Development Code, with the following exceptions: a. Landscaped planters shall not be required within the interior of parking lots except for at the ends of each row of parking spaces, due to the need to insure clear visibility in parking areas for campus security purposes. b. Required trees within the parking lot area shall be limited to the islands at the end of the parking rows, and within the landscaped areas at the perimeter of the parking lot. Trees shall be minimum fifteen -gallon containers, and may be spaced in a liner fashion around the perimeter or clustered. Trees shall be provided at a ratio of one tree for every four required parking spaces. Due to the extensive amount of existing mature trees within the district, and the internal nature of the parking lots within the landscaped setting, existing trees immediately adjacent to parking lots shall be included in the required count of parking lot trees. c. Parking lot landscaping standards shall only apply to new or substantially redeveloped parking lot areas within the district. d. Fencing for school facilities and outdoor recreation areas shall be exempt from the fence height requirements of Section 17.12.050 of the public/institutional district of the Temecula Development Code. Acceptable fencing materials include fmished wrought iron or tubular steel, chain link, vinyl and decorative masonry. (Ord. 03-09 § 3 Exh. A (part)) 7 PLANNED DEVELOPMENT OVERLAY AMENDMENT (UNDERLINE/STRIKEOUT) PROPOSED AMENDMENT TO PDO -7 LINFIELD CHRISTIAN SCHOOL OVERLAY Proposed changes are shown in underline/strikeout text below: Article VIII. Linfield Christian School Planned Development Overlay District -7 17.22.180 Title. Sections 17.22.180 through 17.22.188 shall be known as "PDO -7" (Linfield Christian School planned development overlay district). (Ord. 03-09 § 3 Exh. A (part)) 17.22.181 Purpose and intent. The Linfield Christian School planned development overlay district (PDO -7) is intended to create a unique mixed-use area within the city, blending educational, recreational, institutional and residential facilities in a comprehensive master plan that builds upon the existing campus development. PDO -7 allows for the introduction of compatible housing opportunities within the conventional zoning district and serves to implement the objectives of the land use and housing elements of the general plan. Supplemental development standards have been provided to recognize the transition between the existing campus facilities and the new development areas, to promote compatibility with the surrounding land uses, and to insure the long-term design quality of the Linfield Christian School PDO district. (Ord. 03-09 § 3 Exh. A (part)) 17.22.184 Relationship with the development code and citywide design guidelines. A. The list of permitted, conditionally permitted, and prohibited uses for the Linfield Christian School planned development overlay district is contained in Table 17.22.186B. B. Except as modified by the provisions of Section 17.22.188, the following rules and regulations shall apply to all planning applications in this area. 1. Where this PDO is silent, the development standards of the public institutional (PI) district in the development code shall apply (Section 17.12). 2. The development standards in the development code that would apply to the medium density residential district, and are in effect at the time an application is deemed complete, for any proposed residential housing to be located in planning area 2 of PDO -7. The maximum number of residences to be developed in Planning Area 2 is twenty-six. 3. The master plan and design guidelines approved as a part of the Linfield Christian School Master Plan shall apply to Planning Areas IA, and I B of this PDO. Development proposals within Planning Areas 2 and 3A and 3B shall comply with the City of Temecula Citywide .Design Guidelines. 4. Senior Housing, Assisted Living, Congregate Care Housing, Skilled Nursing or Memory Care facilities shall be permitted pursuant to the standards within Section 17.10.020 of the Temecula Development Code, except as modified by the requirements of Section 17.22.I 88 of this Article. (Ord. 03-09 § 3 (part)) 1 17.22.186 Use regulations. The list of permitted land uses for the Linfield Christian School planned development overlay district is contained in Table 17.22.186B. PDO -7 contains three different planning areas as shown in Exhibit 17.22.186A. The three planning areas are identified as follows: ► Planning Area 1: Educational/Institutional: identified as (EI) in Table 17.22.186B. Planning Area 1 is further separated into two subareas: Planning Area lA (36:89 58.25 gross acres) is the main Linfield Christian School Campus, and Planning Area 1B ('1.78 5.82 gross acres) is the existing elementary school campus. ► Planning Area 2 (9.81 7.58 gross acres): Educational/Residential: identified as (ER) in Table 17.22.186B; and, ► Planning Area 3: Public/Institutional: identified as (PI) in Table 17.22.186B. Planning AI ca 3 i5 further separated into two subareas: Planning Area 3A (15.58 gross acres) Planning Area 3B (12.42 gross acres) EXHIBIT 17.22.186A ,EXHIBIT TO BE REPLACED WITH REVISED EXHIBIT BELOW) UNFIELD CHRISTIAN SCHOOL PLANNING AREA MAP 2 LINFIELD CHRISTIAN SCHOOL PLANNING AREA MAP PLANNING AREA 38 PLANNING AREA 3A PLANNING AREA 1A PLANNING AREA 2 PLANNING AREA 1B REVISED EXHIBIT 17.22.186 A Where indicated with the letter "P" the use shall be a permitted use. A letter "C" indicates the use shall be conditionally permitted, subject to the approval of a conditional use permit. Where indicated with a "—," the use is prohibited within the planning area. Table 17.22.186B Schedule of Permitted Uses Linfield Christian School Planned Development Overlay District -7 Descriptionof Use Area Description of Use Area 1A & 1B (EI) Area 2 ~ (ER) _ Area 3A & 3B (PI) A Art gallery P P P Auditorium P C C B (Reserved) C Christmas tree lots P P P Churches, temples, religious institutions C C C Communications and microwave installations' Community health clinics — — C Community center P C P Conference center P _ P P Congregate care housing (including support C C EP services) 3 Table 17.22.186B Schedule of Permitted Uses Linfield Christian School Planned Development Overlay District -7 Description of Use Area Description of Use Area 1A & 1B (EI) Area 2 (ER) Area 3A & 3B (PI) Congregate living health facility C C C Construction trailer (temporary) P P P Convalescent homes C P P D Day care center P P P Day care health center P -- P E Educational institution C C C F Food services (for campus and special events) P P P G Garages, public parking C – P Golf courses C – P Golf college or sports trainingfacility _ C – P Government offices P – P Government services P – P Group home – – -- H Helipad or heliport C – C Hospital C – C I—K (Reserved) L Library P P P M Maintenance facility (accessory to primary use only) P C P Modular classrooms (used as interim classroom space) P – P Museum P P P N (Reserved) O (Reserved) P Parks and recreation P P P Performing arts, theaters and places of public assembly P – C Police/sheriff station P – P Post office – – P Public utilities C C C Q (Reserved) 4 Table 17.22.186B Schedule of Permitted Uses Linfield Christian School Planned Development Overlay District -7 Description of Use Area Description of Use Area 1A & 1B (EI) Area 2 (ER) Area 3A & 3B (PI) R Radio and broadcasting studios P – P Recording studios P – P Religious facilities C C C Residential—single-family detached, school superintendent or dean's home, caretaker home, (accessory to private school use only) P P P Residential—single-family attached or duplex housing for school faculty P Residential—multiple-family housing for school faculty – P - Residential—senior housing – C C _ Residential—student dorms C C C S Schools, trade or vocational C C C Skilled nursing facility C C C Sports and recreation facilities P P P T Trade or vocational schools C C C U Utility offices and service yards C C C V—Z (Reserved) Note: 1. Subject to Section 17.40 of the Temecula Municipal Code Legend: P = Permitted by right in the district C = Permitted by Conditional Use Permit in the district – = Use is prohibited in the district (EI) = Educational/Institutional: Planning Areas lA and 1B (ER) = Educational/Residential: Planning Area 2 (PI) = Public/Institutional: Planning Area 3 (Ord. 08-11 §§ 36-38; Ord. 03-09 § 3 Exh. A (part)) 5 17.22.188 Supplemental development standards. Permitted and conditionally permitted uses within PDO -7 shall comply with the development standards of the underlying public/institutional zoning district except as modified or augmented by the standards contained in this section. A. General. 1. All new development occurring within Planning Areas lA and 1B shall be in substantial conformance with the Linfield Christian School master plan, provided that modifications of up to twenty percent of the estimated square footage of the individual or combined structures may be approved by the planning director. Minor modifications to the site location or number of new facilities may also be approved by the planning director. Major modifications to the overall scale, intensity or intended land uses within the planning areas shall be referred to the planning commission for approval. 2. All new development within Planning Area 1 A and 1B deemed to be in compliance with the Linfield master plan and design guidelines shall be subject to the administrative review process, pursuant to Section 17.05.020 of the Temecula Development Code. 3. Development proposals for faculty housing units within Planning Area 2 of PDO -7 shall be subject to the development standards of the medium density residential (M) zoning district, and will require review and approval of a development plan by the planning commission. The maximum number of residences to be developed in Planning Area 2 is twenty-six. 4. Development proposals for Senior Housing, Assisted Living, Congregate Care Housing, Skilled Nursing or Memory Care facilities shall be permitted UP to a maximum density of twenty-four (24) units per acre within PIanning Area 3A and adhere to the following minimum requirements: a. The net livable floor area square footage for senior housing units shall be as required in Section 17.10.020 except that Assisted Living units shall be a minimum of 350 square feet for studio/efficiency units: and Memory Care units shall be a minimum of 250 square feet for private units and 350 square feet for shared units. b. Senior Housing for Independent Living and Assisted Living shall provide a minimum of 68 square feet of private open space per unit. excluding units dedicated as guest units for visiting family members or other non-residents, and may be comprised of private outdoor patios. decks, porches, balconies, and yards. The combined common area and private open space shall be a minimum of 200 square feet per unit and may include plazas. courtyards, gardens. recreational areas. putting greens, decks and patios. c. Single -story attached senior housing units shall provide a minimum of I50 square feet per unit of private open space which may be comprised fporches, patios. yards. and courtyards within the front and rear yard areas of the units. d. Memory Care Facilities shall provide a minimum of 75 square feet per unit of common area outdoor space. 6 5. There is no maximum lot coverage or floor area requirement for development projects within P130-7, provided that the respective development standards for the use are met. B. Setbacks. 1. Landscape setbacks along the Pauba Road and Rancho Vista Road street frontages shall be an average of twenty feet, except for Planning Area 1B which shall be a minimum of five feet, due to the presence of the existing elementary school parking lot. The overall average front setback along either roadway shall be no less than twenty feet. 2. Sidewalks, pedestrian paths, paving, driveways and wrought iron or chain link fencing are permitted to be located within the landscaped setback area. C. Building Height. 1. Structures within Planning Area 1 shall not exceed two stories, or forty-five feet in height. Architectural projections such as mansards, towers and other design elements shall be permitted to extend an additional ten feet above the height of the building. Structures designed as split-level in order to accommodate the existing site grades are permitted up to a height of sixty feet as measured from the lowest grade. Any structures over forty-five feet in height shall be located a minimum of one hundred feet from the nearest exterior property line, and a minimum of two hundred fifty feet from the property line of any single-family residential structure. 2. Single family residential and multi -family residential structures (with the exception of senior housing developments) shall not exceed two stories, or a maximum of thirty feet in height. 3. Multi-familv Senior Housing Assisted Living, Congregate Care Housing,and Convalescent 1 -lousing structures within Planning Area 3A shall not exceed four stories, (excluding parking level) or sixty-five feet in height above the lowest grade, except that elevator shafts and stairwells may extend above the roof height. Any portion of a structure over forty-five feet in height shall be set back a minimum of one hundred and thirty feet from the property line of anv single-family residential structure. D. Parking. 1. Parking requirements for assembly facilities within Planning Area 1 shall be considered as shared parking in conjunction with the standard spaces required under the development code for school parking. This determination applies to those assembly or special event facilities primarily used by the student population and faculty during the school day, or those facilities conducting events after school or in the evening hours when regular school parking is available. 2. In order to provide sufficient onsite parking in the case of a special event on campus, and to prevent potential overflow parking on surrounding public streets, temporary, special event parking may be provided on designated outdoor play courts in Planning Area 1. Such temporary parking areas shall be clearly identified, and cease operation at the conclusion of the special event. 7 E. Landscaping and Fencing. 1. Landscaping within parking lot areas shall be consistent with Section 17.24.050(H) of the Temecula Development Code, with the following exceptions: a. Landscaped planters shall not be required within the interior of parking lots except for at the ends of each row of parking spaces, due to the need to insure clear visibility in parking areas for campus security purposes. b. Required trees within the parking lot area shall be limited to the islands at the end of the parking rows, and within the landscaped areas at the perimeter of the parking lot. Trees shall be minimum fifteen -gallon containers, and may be spaced in a liner fashion around the perimeter or clustered. Trees shall be provided at a ratio of one tree for every four required parking spaces. Due to the extensive amount of existing mature trees within the district, and the internal nature of the parking lots within the landscaped setting, existing trees immediately adjacent to parking lots shall be included in the required count of parking lot trees. c. Parking lot landscaping standards shall only apply to new or substantially redeveloped parking lot areas within the district. d. Fencing for school facilities and outdoor recreation areas shall be exempt from the fence height requirements of Section 17.12.050 of the public/institutional district of the Temecula Development Code. Acceptable fencing materials include finished wrought iron or tubular steel, chain link, vinyl and decorative masonry. (Ord. 03-09 § 3 Exh. A (part)) 8 PC DRAFT RESOLUTION DEVELOPMENT PLAN PC RESOLUTION NO. 17- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION APPROVING A DEVELOPMENT PLAN APPLICATION FOR THE CONSTRUCTION OF A 493,044 SQUARE -FOOT INDEPENDENT LIVING, ASSISTED LIVING, AND MEMORY CARE COMMUNITY CONTAINING 317 UNITS GENERALLY LOCATED ON THE SOUTH SIDE OF RANCHO VISTA ROAD, APPROXIMATELY 2,500 FEET EAST OF MARGARITA ROAD. (APN 955-020-018) (PA15-1885)" Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On December 21, 2015 Aaron Walker filed Planning Application Nos. PA15- 1885, a Development Plan Application, and PA15-1886 a Planned Development Overlay Amendment in a manner in accord with the City of Temecula General Plan and Development Code. B. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Commission, at a regular meeting, considered the Application and environmental review on June 21, 2017, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. D. Concurrently with the adoption of this Resolution, the Planning Commission adopted Resolution No. recommending that the City Council approve an ordinance amending the "Linfield Christian School Planned Development Over District — 7." This approval is conditioned upon the City Council adopting this ordinance. E. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Development Plan Application PA15-1885: A. The Project was processed including, but not limited to all public notices, in the time and manner prescribed by State and local law, including the California Environmental Quality Act, Public Resources Code 21000, et seq. and the California Environmental Quality Act Guidelines, 14. Cal. Code Regs 15000 et seq. (collectively referred to as "CEQA"). B. Pursuant to CEQA, the City is the lead agency for the Project because it is the public agency with the authority and principal responsibility for approving the Project. C. Pursuant to CEQA, City staff prepared an Initial Study of the potential environmental effects of the approval of the Development Plan Application, as described in the Initial Study ("the Project"). Based upon the findings contained in that study, City staff determined that there was no substantial evidence that the Project could have a significant effect on the environment and a Mitigated Negative Declaration was prepared. D. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration as required by law. The public comment period commenced on September 23, 2016, and ended on October 24, 2016. Copies of the documents have been available for public review and inspection at the offices of the Department of Community Development, located at City Hall, 41000 Main Street, Temecula, California 92590, the City of Temecula website, and the Ron Roberts and Grace Mellman libraries. E. Five written comments were received prior to the public hearing and a response to all the comments made therein was prepared, submitted to the Planning Commission and incorporated into the administrative record of the proceedings. F. The Planning Commission has reviewed the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and all comments received regarding the Mitigated Negative Declaration prior to and at the June 21, 2017 public hearing, and based on the whole record before it finds that: (1) the Mitigated Negative Declaration was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment; and (3) the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. G. Based on the findings set forth in the Resolution, the Planning Commission recommends that the City Council adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program prepared for the Project. Section 3. Further Findings. The Planning Commission, in recommending approval of Development Application PA15-1885 hereby finds, determines and declares that: Development Plan, Development Code Section 17.05.010.F A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City subject to the conditions described herein; The proposed project is in conformance with the General Plan. The site is properly planned and zoned, and as conditioned, is physically suitable for the type of development proposed. The project, as conditioned, is also consistent with other applicable requirements of State law and local Ordinances, including the California Environmental Quality Act (CEQA), the Citywide Design Guidelines, and Fire and Building codes. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare; The overall design of the project, including the site, building, parking, circulation and other associated site improvements, is consistent with, and intended to protect the health and safety of those working and living in an around the site as the project is consistent with the General Plan, City Wide Design Guidelines, and Development Code. The project has been reviewed for, and as conditioned, has been found to be 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. Section 4. Recommendation. The Planning Commission of the City of Temecula recommends that the City Council adopt a Resolution adopting a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program pursuant to CEQA, and approving Planning Application No. PA15-1885, a Development Plan application to allow for the construction of an approximately 493,044 square -foot independent living, assisted living, and memory care community containing 317 units generally located on the south side of Rancho Vista Road, approximately 2,500 feet east of Margarita Road, in substantially the form attached to this Resolution as Exhibit "A", subject to the Conditions of Approval set forth on Exhibit "B", attached hereto, and incorporated herein by this reference, and conditioned upon the City Council's approval of the recommended amendment to the "Linfield Christian School Planned Development Over District - 7" by Council Ordinance. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 21st day of June, 2017. ATTEST: Luke Watson Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) John Telesio, Chairman I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 17- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 21st day of June 2017, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS ABSENT: PLANNING COMMISSIONERS ABSTAIN: PLANNING COMMISSIONERS Luke Watson Secretary EXHIBIT A CITY COUNCIL RESOLUTION (DEVELOPMENT PLAN) RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DEVELOPMENT PLAN APPLICATION TO ALLOW FOR THE CONSTRUCTION OF A 493,044 SQUARE -FOOT INDEPENDENT LIVING, ASSISTED LIVING, AND MEMORY CARE COMMUNITY CONTAINING 317 UNITS GENERALLY LOCATED ON THE SOUTH SIDE OF RANCHO VISTA ROAD, APPROXIMATELY 2,500 FEET EAST OF MARGARITA ROAD. (APN 955-020- 018) (PA15-1885) 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. On December 21, 2015, Aaron Walker filed Planning Application Nos. PA15-1885, a Development Plan Application, and PA15-1886 a Planned Development Overlay Amendment (collectively, "the Project") in a manner in accord with the City of Temecula General Plan and Development Code. B. 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. C. A Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program were prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA"). Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the MND as required by law. The public comment period commenced via the State Clearing House from September 23, 2016 through October 24, 2016. Copies of the documents have been available to public review and inspection at the offices of the Department of Community Development, located at City Hall, 41000 Main Street, Temecula, California 92590, the City of Temecula website, and the Ron Roberts and Grace Meliman libraries. D. On June 21, 2017, at a duly noticed public hearing as prescribed by law, the Planning Commission considered the Project and any comments received prior to or at the public hearing on June 21, 2017, 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 Project and the MND. E. Following consideration of the entire record before it at the public hearing and due consideration of the proposed Project, the Planning Commission recommended that the City Council adopt the MND, and the Mitigation Monitoring and Reporting Program prepared for the Project. F. At the conclusion of the Planning Commission hearing and after due consideration of the entire record before the Planning Commission hearing, and after due consideration of the testimony regarding the proposed Project, the Planning Commission recommended that the City Council approve the Project including Planning Application Nos. PA15-1885, a Development Plan and PA15-1886, a Planned Development Overlay Amendment. G. On , the City Council of the City of Temecula considered the Project and the MND and Mitigation Monitoring and Reporting Program 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 Council considered all the testimony and any comments received regarding the Project and the MND and Mitigation Monitoring and Reporting Program prior to and at the public hearing. H. Following the public hearing, the Council adopted Resolution No. 17 - adopting the MND and Mitigation Monitoring and Reporting Program. J. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Legislative Findings. The City Council in approving a Development Plan application to allow for the construction of an approximately 493,044 square -foot independent living, assisted living, and memory care community containing 317 units generally located on the south side of Rancho Vista Road, approximately 2,500 feet east of Margarita Road pursuant to Temecula Municipal Code Section, 17.05.010, hereby finds, determines and declares that: A. The proposed uses are in conformance with the general plan for Temecula and with all applicable requirements of state law and other ordinances of the city. The proposed project is in conformance with the General Plan. The site is properly planned and zoned, and as conditioned, is physically suitable for the type of development proposed. The project, as conditioned, is also consistent with other applicable requirements of State law and local Ordinances, including the California Environmental Quality Act (CEQA), the Citywide Design Guidelines, and Fire and Building codes. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The overall design of the project, including the site, building, parking, circulation and other associated site improvements, is consistent with, and intended to protect the health and safety of those working and living in an around the site as the project is consistent with the General Plan, City Wide Design Guidelines, and Development Code. The project has been reviewed for, and as conditioned, has been found to be 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. Section 3. Conditions of Approval. The City Council of the City of Temecula approves Planning Application No. PA15-1885, a Development Plan application to allow for the construction of an approximately 493,044 square -foot independent living, assisted living, and memory care community containing 317 units generally located on the south side of Rancho Vista Road, approximately 2,500 feet east of Margarita Road. (APN 955-020- 018), subject to the Conditions of Approval set forth in Exhibit A, attached hereto, and incorporated herein by this reference. Section 4. The City Clerk shall certify to the adoption of this Resolution and it shall become effective upon its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of . ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) Maryann Edwards, Mayor I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. - was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk EXHIBIT B DRAFT CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA15-1885 Project Description: Planning Application No. PA15-1885, a Development Plan Application for the construction of an approximately 493,044 square -foot independent living, assisted living, and memory care community containing 317 units generally located on the south side of Rancho Vista Road, approximately 2,500 feet east of Margarita Road. Assessor's Parcel No.: 955-020-018 MSHCP Category: Commercial DIF Category: Service Commercial TUMF Category: Service Commercial (Congregate Care Facilities and Nursing Homes) Quimby Category: N/A (Commercial Project) New Street In -lieu of Fee: N/A (Not within the Uptown Temecula Specific Plan Area) Approval Date: , 2017 Expiration Date: , 2020 PLANNING DIVISION Within 48 Hours of the Approval 1. Filing] Notice of Determination. The applicant/developer shall deliver to the Planning Division a cashiers check or money order made payable to the County Clerk in the amount of Two Thousand Two Hundred Sixty-six Dollars and Twenty -Five Cents ($2,266.25) which includes the Two Thousand Two Hundred Sixteen Dollars and Twenty -Five Cents ($2,216.25) fee, required by Fish and Wildlife Code Section 711.4(d)(3) plus the Fifty Dollars ($50.00) County administrative fee, to enable the City to file the Notice of Determination for the Mitigated or Negative Declaration required under Public Resources Code Section 21152 and California Code of Regulations Section 15075. If within said 48-hour period the applicant/ developer has not delivered to the Planning Division the check as required above, the approval for the project granted shall be void due to failure of condition [Fish and Wildlife Code Section 711.4(c)]. General Requirements 2. indemnification of the City. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City and its attorneys from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. 3. Expiration. This approval shall be used within three years of the approval date; otherwise, it shall become null and void. Use means the beginning of substantial construction contemplated by this approval within the three year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval, or use of a property in conformance with a Conditional Use Permit. 4. Time Extension. The Director of Community Development may, upon an application being filed prior to expiration, and for good cause, grant a time extension of up to five extensions of time, one year at a time. 5. Consistency with Planned Development Overlay. This project and all subsequent projects within this site shall be consistent with Linfield Christian School Planned Development Overlay (PDO -7). 6. Conformance with Approved Plans. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Division. 7. Signage Permits. A separate building permit shall be required for all signage. 8. Landscape Maintenance. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Director of Community Development. If it is determined that the landscaping is not being maintained, the Director of Community Development shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. 9. Graffiti. All graffiti shall be removed within 24 hours on telecommunication towers, equipment, walls, or other structures. 10. Water Quality and Drainage. Other than stormwater, it is illegal to allow liquids, gels, powders, sediment, fertilizers, landscape debris, and waste from entering the storm drain system or from leaving the property. To ensure compliance with this Condition of Approval: a. Spills and leaks shall be cleaned up immediately. b. Do not wash, maintain, or repair vehicles onsite. c. Do not hose down parking areas, sidewalks, alleys, or gutters. d. Ensure that all materials and products stored outside are protected from rain. e. Ensure all trash bins are covered at all times. 11. Paint Inspection. The applicant shall paint a three -foot -by -three-foot section of the building for Planning Division inspection, prior to commencing painting of the building. 12. Materials and Colors. The Conditions of Approval specified in this resolution, to the extent specific items, materials, equipment, techniques, finishes or similar matters are specified, shall be deemed satisfied by City staffs prior approval of the use or utilization of an item, material, equipment, finish or technique that City staff determines to be the substantial equivalent of that required by the Conditions of Approval. Staff may elect to reject the request to substitute, in which case the real party in interest may appeal, after payment of the regular cost of an appeal, the decision to the Planning Commission for its decision. Materials S -Tile Concrete Rafter Tails Stucco Stucco Wrought Iron Railing Garage Doors Window Sills Color Roofing Weathered Terracotta Oxford Brown Egg Shell (X-73) Silverado (X-820) Black Powder Coat Canyon Ridge Walnut Cast Stone 13. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 14. Trash Enclosures. The trash enclosures shall be large enough to accommodate a recycling bin, as well as regular solid waste containers. 15 Trash Enclosures. Trash enclosures shall be provided to house all trash receptacles utilized on the site. These shall be clearly labeled on the site plan. 16. Covered Trash Enclosures. All trash enclosures on site shall include a solid cover and the construction plans shall include all details of the trash enclosures, including the solid cover. 17. Phased Construction. If construction is phased, a construction staging area plan or phasing plan for construction equipment and trash shall be approved by the Director of Community Development. 18. Construction and Demolition Debris. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris and shall provide the Planning Division verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul demolition and construction debris. 19. Public Art Ordinance. The applicant shall comply with the requirements of the City's Public Art Ordinance as defined in Section 5.08 of the Temecula Municipal Code. 20. Property Maintenance. All parkways, including within the right-of-way, entryway median, landscaping, walls, fencing, recreational facilities, and on-site lighting shall be maintained by the property owner or maintenance association. 21. Compliance with MND. The project and all subsequent projects within this site shall comply with all mitigation measures identified within the prepared MND (SCH: 2016091059, June 2017) per the Mitigation Monitoring and Reporting Program 22. Rancho Vista Way Access. On weekdays from 7:00 a.m. to 9:00 a.m. the western driveway, or main entrance, the outbound gate will be closed and traffic will be directed to the eastern driveway. Prior to Issuance of Grading Permit 23. Placement of Transformer. Provide the Planning Division with a copy of the underground water plans and electrical plans for verification of proper placement of transformer(s) and double detector check valves prior to final agreement with the utility companies. 24. Placement of Double Detector Check Valves. Double detector check valves shall be installed at locations that minimize their visibility from the public right-of-way, subject to review and approval by the Director of Community Development. 25. Archaeological/Cultural Resources Grading Note. The following shall be included in the Notes Section of the Grading Plan: "If at any time during excavation/construction of the site, archaeological/cultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Director of Community Development at his/her sole discretion may require the property owner to deposit a sum of money it deems reasonably necessary to allow the City to consult and/or authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the discovery is not an archaeological/ cultural resource, the Planning Director shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeological/cultural resource, the Planning Director shall notify the property owner that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Planning Director." 26. Cultural Resources Treatment Agreement. The developer is required to enter into a Cultural Resources Treatment Agreement with the Pechanga Tribe. The agreement shall be in place prior to issuance of a grading permit. To accomplish this, the applicant should contact the Pechanga Tribe no less than 30 days and no more than 60 days prior to issuance of a grading permit. This Agreement will address the treatment and disposition of cultural resources, the designation, responsibilities, and participation of professional of professional Pechanga Tribal monitors during grading, excavation and ground disturbing activities; project grading and development scheduling; terms of compensation for the monitors; and treatment and final disposition of any cultural resources, sacred sites, and human remains discovered onsite. The Pechanga monitor's authority to stop and redirect grading will be exercised in consultation with the project archaeologist in order to evaluate the significance of any potential resources discovered on the property. Pechanga and archaeological monitors shall be allowed to monitor all grading, excavation and groundbreaking activities, and shall also have the limited authority to stop and redirect grading activities should an inadvertent cultural resource be identified. 27. Discovery of Cultural Resources. The following shall be included in the Notes Section of the Grading Plan: "If cultural resources are discovered during the project construction (inadvertent discoveries), all work in the area of the find shall cease, and the qualified archaeologist and the Pechanga monitor shall investigate the find, and make recommendations as to treatment." 28. Archaeological Monitoring Notes. The following shall be included in the Notes Section of the Grading Plan: "If cultural resources are discovered during the project construction (inadvertent discoveries), all work in thThe following shall be included in the Notes Section of the Grading Plan: "A qualified archaeological monitor will be present and will have the authority to stop and redirect grading activities, in consultation with the Pechanga Tribe and their designated monitors, to evaluate the significance of any potential resources discovered on the property." 29. Tribal Monitoring Notes. The following shall be included in the Notes Section of the Grading Plan: "A Pechanga Tribal monitor will be present and will have the authority to stop and redirect grading activities, in consultation with the project archaeologist and their designated monitors, to evaluate the significance of any potential resources discovered on the property." 30. Relinquishment of Cultural Resources. The following shall be included in the Notes Section of the Grading Plan: "The landowner agrees to relinquish ownership of all cultural resources, including all archaeological artifacts that are found on the project area, to the Pechanga Tribe for proper treatment and disposition." 31 Preservation of Sacred Sites. The following shall be included in the Notes Section of the Grading Plan: "All sacred sites are to be avoided and preserved." 32. MSHCP Pre -Construction Survey. A 30 -day preconstruction survey, in accordance with MSHCP guidelines and survey protocol, shall be conducted prior to ground disturbance. The results of the 30 -day preconstruction survey shall be submitted to the Planning Division prior to scheduling the pre -grading meeting with Public Works. If construction is delayed or suspended for more than 30 days after the survey, the area shall be resurveyed. 33. Burrowing Owl Grading Note. The following shall be included in the Notes Section of the Grading Plan: "No grubbing/clearing of the site shall occur prior to scheduling the pre -grading meeting with Public Works. All project sites containing suitable habitat for burrowing owls, whether owls were found or not, require a 30 -day preconstruction survey that shall be conducted within 30 days prior to ground disturbance to avoid direct take of burrowing owls. If the results of the survey indicate that no burrowing owls are present on-site, then the project may move forward with grading, upon Planning Division approval. If burrowing owls are found to be present or nesting on-site during the preconstruction survey, then the following recommendations must be adhered to: Exclusion and relocation activities may not occur during the breeding season, which is defined as March 1 through August 31, with the following exception: From March 1 through March 15 and from August 1 through August 31 exclusion and relocation activities may take place if it is proven to the City and appropriate regulatory agencies (if any) that egg laying or chick rearing is not taking place. This determination must be made by a qualified biologist." If construction is delayed or suspended for more than 30 days after the survey, the area shall be resurveyed. 34. Precise Grading Plans. A copy of the Precise Grading Plans shall be submitted and approved by the Planning Division. 35, Archaeologist Retained. Prior to beginning project construction, the Project Applicant shall retain a Riverside County qualified/City of Temecula approved archaeological monitor to monitor all ground -disturbing activities in an effort to identify any unknown archaeological resources. Any newly discovered cultural resource deposits shall be subject to a cultural resources evaluation (See PL -4). The archaeological monitor's authority to stop and redirect grading will be exercised in consultation with the Pechanga Tribe in order to evaluate the significance of any potential resources discovered on the property. Pechanga and archaeological monitors shall be allowed to monitor all grading, excavation and groundbreaking activities, and shall also have the limited authority to stop and redirect grading activities should an inadvertent cultural resource be identified. The archaeologist shall provide a final monitoring report at the end of all earthmoving activities to the City of Temecula, the Pechanga Tribe and the Eastern Information Center at UC, Riverside. 36. Human Remains. If human remains are encountered, California Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to California Public Resources Code Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission must be contacted within 24 hours. The Native American Heritage Commission must then immediately identify the "most likely descendant(s)" of receiving notification of the discovery. The most likely descendant(s) shall then make recommendations within 48 hours, and engage in consultations concerning the treatment of the remains as provided in Public Resources Code 5097.98 and the Treatment Agreement described in these conditions. Prior to Issuance of Building Permit 37. Transportation Uniform Mitigation Fee (TUMF). The City of Temecula adopted an ordinance on March 31, 2003 to collect fees for a Riverside County area wide Transportation Uniform Mitigation Fee (TUMF). This project is subject to payment of these fees at the time of building permit issuance. The fees are subject to the provisions of Chapter 15.08 of the Temecula Municipal Code and the fee schedule in effect at the time of building permit issuance. 38. Development Impact Fee (DIF). The developer shall comply with the provisions of Title 15, Chapter 15.06 of the Temecula Municipal Code and all its resolutions by paying the appropriate City fee. 39. Photometric Plan. The applicant shall submit a photometric plan as part of the building plan submittal, including the parking lot, to the Planning Division, which meets the requirements of the Development Code and the Riverside County Palomar Lighting Ordinance 655. All exterior LED light fixtures shall be 3,000 kelvin or below. The parking lot light standards shall be placed in such a way as to not adversely affect the growth potential of the parking lot trees. 40. Construction Landscaping and Irrigation Plans. Four (4) copies of Construction Landscaping and Irrigation Plans shall be reviewed and approved by the Planning Division. These plans shall be submitted as a separate submittal, not as part of the building plans or other plan set. These plans shall conform to the approved conceptual landscape plan, or as amended by these conditions. The location, number, height and spread, water usage or KC value, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance and Water Storage Contingency Plan per the Rancho California Water District. The plans shall be accompanied by the appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal) and one copy of the approved Grading Plan. 41. Landscaping Site inspections. The Landscaping and Irrigation Plans shall include a note stating, "Three landscape site inspections are required. The first inspection will be conducted at installation of irrigation while trenches are open. This will verify that irrigation equipment and layout is per plan specifications and details. Any adjustments or discrepancies in actual conditions will be addressed at this time and will require an approval to continue. Where applicable, a mainline pressure check will also be conducted. This will verify that the irrigation mainline is capable of being pressurized to 150 psi for a minimum period of two hours without loss of pressure. The second inspection will verify that all irrigation systems are operating properly, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The third inspection will verify property landscape maintenance for release of the one-year landscape maintenance bond." The applicant/owner shall contact the Planning Division to schedule inspections. 42. Agronomic Soils Report. The Landscaping and Irrigation Plans shall include a note on the plans stating, "The contractor shall provide two copies of an agronomic soils report at the first irrigation inspection." 43. Water Usage Calculations. The Landscaping and Irrigation Plans shall include water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance), the total cost estimate of plantings and irrigation (in accordance with approved plan). Applicant shall use evapotranspiration (ETo) factor of 0.70 for calculating the maximum allowable water budget. 44. Landscape Maintenance Program. A landscape maintenance program shall be submitted to the Planning Division for approval. The landscape maintenance program shall detail the proper maintenance of all proposed plant materials to assure proper growth and landscape development for the long-term esthetics of the property. The approved maintenance program shall be provided to the landscape maintenance contractor who shall be responsible to carry out the detailed program. 45. Specifications of Landscape Maintenance Program. Specifications of the landscape maintenance program shall indicate, "Three landscape site inspections are required. The first inspection will be conducted at installation of irrigation while trenches are open. This will verify that irrigation equipment and layout is per plan specifications and details. Any adjustments or discrepancies in actual conditions will be addressed at this time and will require an approval to continue. Where applicable, a mainline pressure check will also be conducted. This will verify that the irrigation mainline is capable of being pressurized to 150 psi for a minimum period of two hours without loss of pressure. The second inspection will verify that all irrigation systems are operating properly, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The third inspection will verify property landscape maintenance for release of the one-year landscape maintenance bond." The applicant/owner shall contact the Planning Division to schedule inspections. 46. Irrigation. The landscaping plans shall include automatic irrigation for all landscaped areas and complete screening of all ground mounted equipment from view of the public from streets and adjacent property for private common areas; front yards and slopes within individual lots; shrub planting to completely screen perimeter walls adjacent to a public right-of-way equal to 66 feet or larger; and, all landscaping excluding City maintained areas and front yard landscaping which shall include, but may not be limited to, private slopes and common areas. 47. Hardscaping. The landscape plans shall include all hardscaping for pedestrian trails within private common areas. 48. Precise Grading Plans. Precise Grading Plans shall be consistent with the approved conceptual grading plans including all structural setback measurements. 49. Building Construction Plans for Outdoor Areas. Building Construction Plans shall include detailed outdoor areas including but not limited to trellises, decorative furniture, fountains, hardscape, gazebos etc. to match the style of the building subject to the approval of the Director of Community Development. 50. WQMP Landscape Compliance. The construction landscape plans shall be consistent with Appendix A, Table 31 of the Low Impact Development (LID) Manual for Southern California for plant materials and treatment facilities, and shall reference the approved precise grading plan for WQMP features. 51. Utility Screening. All utilities shall be screened from public view. Landscape construction drawings shall show and label all utilities and provide appropriate screening. Provide a three-foot clear zone around fire check detectors as required by the Fire Department before starting the screen. Group utilities together in order to reduce intrusion. Screening of utilities is not to look like an after -thought. Plan planting beds and design around utilities. Locate all light poles on plans and ensure that there are no conflicts with trees. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit 52. Screening of Loading Areas. The applicant shall be required to screen all loading areas and roof mounted mechanical equipment from view of the adjacent residences and public right-of-ways. If upon final inspection it is determined that any mechanical equipment, roof equipment or backs of building parapet walls are visible from any portion of the public right-of-way adjacent to the project site, the developer shall provide screening by constructing a sloping tile covered mansard roof element or other screening reviewed and approved by the Director of Community Development. 53. Landscape Installation Consistent with Construction Plans. All required landscape planting and irrigation shall have been installed consistent with the approved construction plans and shall be in a condition acceptable to the Director of Community Development. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 54. Performance Securities. Performance securities, in amounts to be determined by the Director of Community Development, to guarantee the maintenance of the plantings in accordance with the approved construction landscape and irrigation plan, shall be filed with the Planning Division for a period of one year from final Certificate of Occupancy. After that year, if the landscaping and irrigation system have been maintained in a condition satisfactory to the Director of Community Development, the bond shall be released upon request by the applicant. 55. Installation of Site Improvements. All site improvements, including but not limited to, parking areas and striping shall be installed. 56, Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Outside Agencies 57. Compliance with Dept. of Environmental Health. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Healths transmittal dated September 26, 2016, a copy of which is attached. 58. Compliance with EMWD. The applicant shall comply with the recommendations set forth in the Eastern Municipal Water District's transmittal dated December 24, 2015, a copy of which is attached. 59. compliance with County of Riverside Geologist. The applicant shall comply with the recommendations set forth in the County of Riverside Geologist transmittal dated August 24, 2016, a copy of which is attached. 60. Compliance with RCWD. The applicant shall comply with the recommendations set forth in the Rancho California Water District's transmittal dated December 31, 2015, a copy of which is attached. PUBLIC WORKS DEPARTMENT General Requirements 61. Conditions of Approval. The developer shall comply with all Conditions of Approval, the Engineering and Construction Manual and all City codes/standards at no cost to any governmental agency. 62. Entitlement A_pproval. The developer shall comply with the approved site plan, the conceptual Water Quality Management Plan (WQMP) and other relevant documents approved during entitlement. Any significant omission to the representation of site conditions may require the plans to be resubmitted for further review and revision. 63. Precise Grading Permit. A precise grading permit for on site improvements (outside of public right-of-way) shall be obtained from Public Works. 64. Haul Route Permit. A haul route permit may be required when soils are moved on public roadways to or from a grading site. The developer/contractor is to verify if the permit is required. If so, he shall comply with all conditions and requirements per the City's Engineering and Construction Manual and as directed by Public Works. 65. Encroachment Permits. Prior to commencement of any applicable construction, encroachment permit(s) are required; and shall be obtained from Public Works for public offsite improvements. 66. Street Improvement Plans. The developer shall submit public/private street improvement plans for review and approval by Public Works. The plans shall be in compliance with Caltrans and City codes/standards; and shall include, but not limited to, plans and profiles showing existing topography, existing/proposed utilities, proposed centerline, top of curb and flowline grades. 67. Right -of -Way Dedications. All easements and/or right-of-way dedications shall be offered to the public or other appropriate agency and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by Public Works. 68. Signing & Striping Plan. A signing & striping plan, designed by a registered civil engineer per the latest edition of Caltrans MUTCD standards, shall be included with the street improvement plans for approval. 69. Storm Drain Improvement Plans. The developer shall submit storm drain improvement plans if the street storm flows exceeds top of curb for the 10 -year storm event and/or is not contained within the street right-of-way for the 100 -year storm event. A manhole shall be constructed at right-of-way where a private and public storm drain systems connect. The plans shall be approved by Public Works. Prior to Issuance of a Grading Permit 70. Environmental Constraint Sheet (ECS). The developer shall comply with all constraints per the recorded ECS with any underlying maps related to the subject property. 71. Required Clearances. As deemed necessary by Public Works, the developer shall receive written clearances/permits from applicable agencies such as the San Diego Regional Water Quality Board (401 certification), Army Corps of Engineers (404 certification), California Department of Fish and Wildlife (Section 1603 Streambed Alteration Agreement), Metropolitan Water District, and other affected agencies. 72. Grading/Erosion & Sediment Control Han. The developer shall submit a grading/erosion & sediment control plan(s) to be reviewed and approved by Public Works. All plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site. The approved plan shall include all construction -phase pollution -prevention controls to adequately address non -permitted runoff. Refer to the City's Engineering & Construction Manual at: www.TemeculaCA.gov/ECM 73. Erosion & Sediment Control Securities. The developer shall comply with the provisions of Chapter 24, Section 18.24.140 of the Temecula Municipal Code by posting security and entering into an agreement to guarantee the erosion & sediment control improvements. 74. NPDES General Permit Compliance. The developer shall obtain project coverage under the State National Pollutant Discharge Elimination System (NPDES) General Permit for Construction Activities and shall provide the following: a. A copy of the Waste Discharge Identification Number (WDID) issued by the State Water Resources Control Board (SWRCB); b. The project's Risk Level (RL) determination number; and c. The name, contact information and certification number of the Qualified SWPPP Developer (QSD) Pursuant to the State Water Resources Control Board (SWRCB) requirements and City's storm water ordinance, a Storm Water Pollution Prevention Plan (SWPPP) shall be generated and submitted to the Board. Throughout the project duration, the SWPPP shall be routinely updated and readily available (onsite) to the State and City. Review www.cabmphandbooks.com for SWPPP guidelines. Refer to the following link: http://www.waterboards.ca.gov/water issues/programs/stormwater/construction.shtml 75. Water Quality Management Plan (WQMP) and O&M Agreement. The developer shall submit a final WQMP (prepared by a registered professional engineer) with the initial grading plan submittal, based on the conceptual WQMP from the entitlement process. It must receive acceptance by Public Works. A copy of the final project -specific WQMP must be kept onsite at all times. In addition, a completed WQMP Operation and Maintenance (O&M) Agreement shall be submitted for review and approval. Upon approval from City staff, the applicant shall record the O&M agreement at the County Recorder's Office in Temecula. Refer to the WQMP template and agreement link below: www.TemeculaCA.gov/WQMP 76. Area Drainage Plan (ADP) Fee to RCFC&WCD. The developer shall demonstrate to the City that the flood mitigation charge (ADP fee) has been paid to RCFC&WCD. If the full ADP fee has already been credited to this property, no new charge will be required. 77. Drainage. All applicable drainage shall be depicted on the grading plan and properly accommodated with onsite drainage improvements and water quality facilities, which shall be privately maintained. Alterations to existing drainage patterns or concentration and/or diverting flows is not allowed unless the developer constructs adequate drainage improvements and obtains the necessary permissions from the downstream property owners. All drainage leaving the site shall be conveyed into a public storm drain system, if possible. The creation of new cross lot drainage is not permitted. 78. Soils Report. A soils report, prepared by a registered soil or civil engineer, shall be submitted to Public Works with the initial grading plan submittal. The report shall address the site's soil conditions and provide recommendations for the construction of engineered structures and preliminary pavement sections. 79. Geological Report. The developer shall complete any outstanding County geologist's requirements, recommendations and/or proposed Conditions of Approval as identified during entitlement. 80. Letter of Permission/Easement. The developer shall obtain documents (letters of permission or easements) for any offsite work performed on adjoining properties. The document's format is as directed by, and shall be submitted to, Public Works for acceptance. The document information shall be noted on the approved grading plan. 81. Ingress/Egress Easement. The developer shall obtain an easement for ingress and egress over adjacent properties. The easement information shall be noted on the approved grading plan. 82. Gate Entrances. If gates are being proposed at project entrances, the configuration, stacking distance and turn -around ability shall be reviewed and approved by Public Works and the Fire Department. 83. Sight Distance. The developer shall limit landscaping in the corner cut-off area of all street intersections and adjacent to driveways to provide for minimum sight distance and visibility. 84. Habitat Conservation Fee. The developer shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in the ordinance or by providing documented evidence that the fees have already been paid. Prior to Issuance of Encroachment Permit(s) 85. Public Utility Agency Work. The developer shall submit all relevant documentation due to encroaching within City right-of-way; and is responsible for any associated costs and for making arrangements with each applicable public utility agency. 86. Traffic Control Plans. A construction area traffic control plan (TCP) will be required for lane closures and detours or other disruptions to traffic circulation; and shall be reviewed and approved by Public Works. The TCP shall be designed by a registered civil or traffic engineer in conformance with the latest edition of the Caltrans Manual on Uniform Traffic Control Devices (MUTCD) and City standards. 87. Improvement Plans. All improvement plans (including but not limited to street and storm drain) shall be reviewed and approved by Public Works. 88. Street Trenching. All street trenches shall conform to City Standard No. 407; refer to the City's Paving Notes. Prior to Issuance of Building Permit(s) 89. Construction of Street Improvements. All street improvement plans shall be approved by Public Works. The developer shall start construction of all public and/or private street improvements, as outlined below, in accordance to the City's General Plan/Circulation Element and corresponding City standards. All street improvement designs shall provide adequate right-of-way and pavement transitions per Caltrans' standards to join existing street improvements. a. Rancho Vista Road along property frontage (Secondary Arterial (4 lanes undivided) Highway Standard No. 102 — 88' R/W) to include dedication of half -width street right-of-way, installation of half -width street improvements, paving, curb and gutter, sidewalk, streetlights, drainage facilities, signing and striping and utilities (including but not limited to water and sewer). b. Linfield Way - Private Street to include dedication for public utilities and emergency vehicle access, installation of street improvement as shown on the approved site plan. 90. Street Lights. The developer shall submit a completed SCE street light application, an approved SCE Streetlight Plan and pay the advanced energy fees. If not obtaining a building permit, this shall be done prior to installation of additional street lighting. All costs associated with the relocation of any existing street lights shall be paid by the developer. 91. Certifications. Certifications are required from the registered civil engineer -of -record certifying the building pad elevation(s) per the approved plans and from the soil's engineer -of -record certifying compaction of the building pad(s). Prior to Issuance of a Certificate of Occupancy 92. Completion of Improvements. The developer shall complete all work per the approved plans and Conditions of Approval to the satisfaction of the City Engineer. This includes all on site work (including water quality facilities), public improvements and the executed WQMP Operation and Maintenance agreement. 93. Utility Agency Clearances. The developer shall receive written clearance from applicable utility agencies (i.e., Rancho California and Eastern Municipal Water Districts, etc.) for the completion of their respective facilities and provide to Public Works. 94. Replacement of Damaged Improvements/Monuments. Any appurtenance damaged or broken during development shall be repaired or removed and replaced to the satisfaction of Public Works. Any survey monuments damaged or destroyed shall be reset per City Standards by a qualified professional pursuant to the California Business and Professional Code Section 8771. 95. Certifications. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by Public Works. BUILDING AND SAFETY DIVISION General Requirements 96. Final Building and Safety Conditions. Final Building and Safety conditions will be addressed when building construction plans are submitted to Building and Safety for review. These conditions will be based on occupancy, use, the California Building Code (CBC), and related codes which are enforced at the time of building plan submittal. 97. Compliance with Code. All design components shall comply with applicable provisions of the 2016 edition of the California Building, Plumbing and Mechanical Codes; 2016 California Electrical Code; California Administrative Code, 2016 California Energy Codes, 2016 California Green Building Standards, California Title 24 Disabled Access Regulations, and City of Temecula Municipal Code. 98. ADA Access. Applicant shall provide details of all applicable disabled access provisions and building setbacks on plans to include: a. All ground floor units to be adaptable. b. Disabled access from the public way to the main entrance of the building. c. Van accessible parking located as close as possible to the main entry. d. Path of accessibility from parking to furthest point of improvement. e. Path of travel from public right-of-way to all public areas on site, such as club house, trash enclose tot lots and picnic areas. 99. County of Riverside Mount Palomar Ordinance. Applicant shall submit, at time of plan review, a complete exterior site lighting plan showing compliance with County of Riverside Mount Palomar Ordinance Number 655 for the regulation of light pollution. All streetlights and other outdoor lighting shall be shown on electrical plans submitted to the Building and Safety Division. Any outside lighting shall be hooded and aimed not to shine directly upon adjoining property or public rights-of-way. 100. Street Addressing. Applicant must obtain street addressing for all proposed buildings by requesting street addressing and submitting a site plan for commercial or multi -family residential projects or a recorded final map for single-family residential projects. 101. Clearance from TVUSD. A receipt or clearance letter from the Temecula Valley Unified School District shall be submitted to the Building and Safety Department to ensure the payment or exemption from School Mitigation Fees. 102. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 103. Obtaining Separate Approvals and Permits. Trash enclosures, patio covers, Tight standards, and any block walls will require separate approvals and permits. 104. Demolition. Demolition permits require separate approvals and permits. 105. Sewer and Water Plan Approvals. On-site sewer and water plans will require separate approvals and permits. 106. Hours of Construction. Signage shall be prominently posted at the entrance to the project, indicating the hours of construction, as allowed by the City of Temecula Municipal Ordinance 9.20.060, for any site within one-quarter mile of an occupied residence. The permitted hours of construction are Monday through Saturday from 7:00 a.m. to 6:30 p.m. No work is permitted on Sundays and nationally recognized Government Holidays. 107. House Electrical Meter. Provide a house electrical meter to provide power for the operation of exterior lighting, irrigation pedestals and fire alarm systems for each building on the site. Developments with single user buildings shall clearly show on the plans how the operation of exterior lighting and fire alarm systems when a house meter is not specifically proposed. 108. Protection of drains and penetration. Protection of joints and penetrations in fire resistance -rated assemblies shall not be concealed from view until inspected for all designed fire protection. Required fire seals/fire barriers in fire assemblies at fire resistant penetrations shall be installed by individuals with classification or certification covering the installation of these systems. Provide certification for the installation of each area and certification of compliance for Building Official's approval. At Plan Review Submittal 109. Submitting Plans and Calculations. Applicant must submit to Building and Safety four (4) complete sets of plans and two (2) sets of supporting calculations for review and approval including: a. An electrical plan including load calculations and panel schedule, plumbing schematic, and mechanical plan applicable to scope of work. b. A Sound Transmission Control Study in accordance with the provisions of the Section 1207, of the 2016 edition of the California Building Code. c. A precise grading plan to verify accessibility for persons with disabilities. d. Truss calculations that have been stamped by the engineer of record of the building and the truss manufacturer engineer. Prior to Issuance of Grading Permit(s) 110. Onsite Water and Sewer Plans. Onsite water and sewer plans, submitted separately from the building plans, shall be submitted to Building and Safety for review and approval. 111. Demolition Permits. A demolition permit shall be obtained if there is an existing structure to be removed as part of the project. Prior to Issuance of Building Permit(s) 112. Plans Require Stamp of Registered Professional. Applicant shall provide appropriate stamp of a registered professional with original signature on the plans. Prior to Beginning of Construction 113. Pre -Construction Meeting. A pre -construction meeting is required with the building inspector prior to the start of the building construction. FIRE PREVENTION General Requirements 114. Fire Hydrants. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix C. Standard fire hydrants (6" x 4" x (2) 2 '/2" outlets) shall be located on fire access roads and adjacent public streets. For all Commercial and multi -family projects hydrants shall be spaced at 350 feet apart, and shall be located no more than 210 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The fire line may be required to be a looped system. 115. Fire Flow. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial and residential buildings per CFC Appendix B. The developer shall provide for this project, a water system capable of delivering 4,000 GPM at 20 -PSI residual operating pressure for a 4 -hour duration for multi -family and commercial projects. The fire flow as given above has taken into account all information as provided. (CFC Appendix B and Temecula City Ordinance 15.16.020). Prior to Issuance of Grading Permit(s) 116. Access Road Widths. Fire Department vehicle access roads shall have an unobstructed width of not less than 24 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches (CFC Chapter 5 and City Ordinance 15.16.020). 117. All Weather Access Roads. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be with a surface to provide all-weather driving capabilities. Access roads shall be 80,000 lbs. GVW with a minimum of AC thickness of .25 feet. In accordance with Section 3310.1, prior to building construction, all locations where structures are to be built shall have fire apparatus access roads. (CFC Chapter 5 and City Ordinance 15.16.020). Prior to Issuance of Building Permit(s) 118. Required Submittals (Fire Underground Water). The developer shall furnish three copies of the water system plans to the Fire Prevention Bureau for approval prior to installation for all private water systems pertaining to the fire service loop. Plans shall be signed by a registered civil engineer, contain a Fire Prevention Bureau approval signature block, and conform to hydrant type, location, spacing and minimum fire flow standards. Hydraulic calculations will be required with the underground submittal to ensure fire flow requirements are being met for the on-site hydrants. The plans must be submitted and approved prior to building permit being issued. The Fire department Connections (FDC"S) will be free standing for buildings 'B' and 'A' and Building 'C' FDC's can be wall mounted since these are multi family type structures. 119. Required Submittals (Fire Sprinkler Systems). Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. These plans must be submitted prior to the issuance of building permit. 120. Required Submittals (Fire Alarm Systems). Fire alarm plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. The fire alarm system is required to have a dedicated circuit from the house panel. These plans must be submitted prior to the issuance of building permit. Prior to Issuance of Certificate of Occupancy 121. Address Directory (Multi -Family). A directory display monument sign shall be required for apartment, condominium, townhouse or mobile home parks. Each complex shall have an illuminated diagrammatic layout of the complex which indicates the name of the complex, all streets, building identification, unit numbers, and fire hydrant locations within the complex. Location of the sign and design specifications shall be submitted to and be approved by the Fire Prevention Bureau prior to installation. 122. Gates and Access. All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by fire fighting personnel (CFC Chapter 5). 123. Hydrant Verification. Hydrant locations shall be identified by the installation of reflective markers (blue dots) (City Ordinance 15.16.020). 124. Knox. Box. A "Knox -Box" shall be provided. The Knox -Box shall be installed a minimum of six feet in height and be located to the right side of the fire riser sprinkler room (CFC Chapter 5). 125. Site Plan. The applicant shall prepare and submit to the Fire Department for approval, a site plan designating fire lanes with appropriate lane painting and/or signs (CFC Chapter 5). POLICE DEPARTMENT General Requirements 126. Landscape Height. The applicant shall ensure all landscaping surrounding all buildings are kept at a height of no more than three feet or below the ground floor window sills. Plants, hedges and shrubbery shall be defensible plants to deter would-be intruders from breaking into the buildings utilizing lower level windows. 127. Tree Pruning. The applicant shall ensure all trees surrounding all building rooftops be kept at a distance to deter roof accessibility by "would-be burglars." Since trees also act as a natural ladder, the branches must be pruned to have a six-foot clearance from the buildings. 128. Berm Height. Berms shall not exceed three feet in height. 129. Parking Lot Lighting. All parking lot lighting shall be energy saving and minimized after hours of darkness and in compliance with Title 24, Part 6, of the California Code of Regulations. 130. Exterior Door Lighting. All exterior doors shall have a vandal resistant light fixture installed above the door. The doors shall be illuminated with a minimum one -foot candle illumination at ground level, evenly dispersed. 131. Exterior Building Lighting. All lighting affixed to the exterior of buildings shall be wall mounted light fixtures to provide sufficient lighting during hours of darkness. 132. Outdoor Lighting During Non -Business Hours. The applicant shall comply with the Governor's order to address the power crisis. This order became effective March 18, 2001 calling for a substantial reduction from businesses to cut usage during non -business hours. The order, in part, states, "All California retail establishments, including, but not limited to, shopping centers, auto malls and dealerships, shall substantially reduce maximum outdoor lighting capability during non -business hours except as necessary for the health and safety of the public, employees or property." Failure to comply with this order following a warning by law enforcement officials shall be punishable as a misdemeanor with a fine not to exceed $1,000 in accordance with Title 24, Part 6, of the California Code of Regulations. 133. Commercial or Institutional Grade Hardware. All doors, windows, locking mechanisms, hinges, and other miscellaneous hardware shall be commercial or institution grade. 134. Graffiti Removal. Any graffiti painted or marked upon the buildings must be removed or painted over within 24 hours of being discovered. Report all such crimes to the Temecula Police 24-hour dispatch Center at (951) 696 -HELP. 135. Alarm System. Upon completion of construction, the buildings shall have a monitored alarm system installed and monitored 24 hours a day by a designated private alarm company to notify the Temecula Police Department of any intrusion. All multi -tenant offices/suites/businesses located within a specific building shall have their own alarm system. This condition is not applicable if the business is opened 24/7. 136. Roof Hatches. All roof hatches shall be painted "International Orange." 137. Rooftop Addressing. The construction plans shall indicate the application of painted rooftop addressing plotted on a nine -inch grid pattern with 45 -inch tall numerals spaced nine inches apart. The numerals shall be painted with a standard nine -inch paint roller using fluorescent yellow paint applied over a contrasting background. The address shall be oriented to the street and placed as closely as possible to the edge of the building closest to the street. 138. Public Telephones. Any public telephones located on the exterior of the buildings shall be placed in a well -lit, highly visible area, and installed with a "call -out only" feature to deter loitering. This feature is not required for public telephones installed within the interior of the buildings. 139. ADA Parking. All disabled parking stalls on the premises shall be marked in accordance with Section 22511.8 of the California Vehicle Code. 140. Knox Boxes. Knox boxes with Police access are required at each gate leading into the property. "Where access to or within a structure or an area is restricted because of secured opening or where immediate access is necessary for life-saving purposes, the Temecula Police Department is authorized to require a key box to be installed in an approved location. The key box shall be of an approved type and shall contain keys to gain necessary access. 141. Crime Prevention Through Environmental Design. Crime prevention through environmental design as developed by the National Crime Prevention Institute (NCPI) supports the concept that "the proper design and effective use of the built environment can lead to a reduction in the fear and incidence of crime and an improvement in the quality of life." The nine primary strategies that support this concept are included as conditions below: a. Provide clear border definition of controlled space. Examples of border definition may include fences, shrubbery or signs in exterior areas. Within a building, the arrangement of furniture and color definition can serve as a means of identifying controlled space. b. Provide clearly marked transitional zones. Persons need to be able to identify when they are moving from public to semi-public to private space. c. Gathering or congregating areas to be located or designated in locations where there is good surveillance and access control. d. Place safe activities in unsafe locations. Safe activities attract normal users to a location and subsequently render the location less attractive to abnormal users due to observation and possible intervention. e. Place unsafe activities in safe locations. Placing unsafe activities in areas of natural surveillance or controlled access will help overcome risk and make the users of the areas feel safer. f. Redesign the use of space to provide natural barriers. Separate activities that may conflict with each other (outdoor basketball court and children's play area, for example) by distance, natural terrain or other functions to avoid such conflict. g. Improve scheduling of space. The timing in the use of space can reduce the risk for normal users and cause abnormal users to be of greater risk of surveillance and intervention. h. Redesign space to increase the perception of natural surveillance. Abnormal users need to be award of the risk of detection and possible intervention. Windows and clear lines -of -sight serve to provide such a perception of surveillance. i. Overcome distance and isolation. This strategy may be accomplished through improved communications (portable two-way radios, for example) and design efficiencies, such as the location of restrooms in a public building. 142. Business Security Survey. Businesses desiring a business security survey of their location can contact the Crime Prevention and Plans Unit of the Temecula Police Department at (951) 695-2773. 143. Questions Regarding Conditions. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 695-2773. "'tENr.4`y County of Riverside DEPARTMENT OF ENVIRONMENTAL HEALTH P.O. BOX 7909 • RIVERSIDE, CA 92513-7909 STEVE VAN STOCKUM, DIRECTOR ar.r� . y. September 26, 2016 City of Temecula Planning Department Attn: Scott Cooper 41000 Main Street Temecula, CA 92590 SUBJECT: CITY OF TEMECULA — Planning Application PA15-1885 Linfield Senior Apartments APN:955-020-018 Dear Mr. Cooper: The project listed in the subject heading of this letter is proposing a development plan for a 483,500 square -foot Senior Apartments, Assisted Living and Memory Care Community containing 330 units, offices, day spa, health club, medical clinic, theater, chapel, library, art studio, and eating areas in the city of Temecula. The Department of Environmental Health (DEH) offers the following comments: WATER AND WASTEWATER A general condition shall be placed on this project indicating that it will be serviced by Rancho California Water District (RCWD) for water and Eastern Municipal Water District (EMWD) for sanitary sewer service. As the sewer agency, EMWD shall have the responsibility of determining any grease interceptor or other requirements, including but not limited to sizing capacity and other structural specifications. Please note that it is the responsibility of the proposed facility to ensure that all requirements to receive potable water service and sanitary sewer service are met with the appropriate purveyors, as well as, all other applicable agencies. Note: A General Condition shall be placed on this project indicating that any existing wells and/or existing onsite wastewater treatment systems (OWTS) shall be properly removed and/or abandoned under permit with the Department of Environmental Health (DEH). Office Locations • Blythe • Corona • Hemet • Indio • Murrieta • Palm Springs • Riverside Phone (888)722-4234 www.rivcoeh.org ENVIRONMENTAL CLEANUP PROGRAM (ECP) Based on the information provided in the environmental assessment document submitted for this project and a site visit conducted by Riverside County Department of Environmental Health - Environmental Cleanup Programs (RCDEH-ECP) staff and with the provision that the information was accurate and representative of site conditions, RCDEH-ECP concludes no further environmental assessment is required for this project. If contamination or the presence of a naturally occurring hazardous material is discovered at the site, assessment, investigation, and/or cleanup may be required. Contact RCDEH-ECP at (951) 955-8980, for further information. HAZARDOUS MATERIALS MANAGEMENT BRANCH (HMMB) Prior to conducting a Building Final, the facility shall require a business emergency plan for the storage of any hazardous materials, greater than 55 gallons, 200 cubic feet or 500 pounds, or any acutely hazardous materials or extremely hazardous substances. If further review of the site indicates additional environmental health issues, HMMB reserves the right to regulate the business in accordance with applicable County Ordinances. Please contact HMMB at (951) 358- 5055 to obtain information regarding any additional requirements. DISTRICT ENVIRONMENTAL SERVICES — PUBLIC/SEMI-PUBLIC FOOD FACILITY Prior to issuance of a building permit, the applicant shall be required to contact DEH District Environmental Services to determine the appropriate food facility plan check and/or permitting requirements if any type of food facility is proposed. For further information, please call (951) 461-0284. County of Riverside, Depai lment of Environmental Health District Environmental Services - Murrieta Office 38740 Sky Canyon Drive, Suite "A" Murrieta CA 92563 LOCAL ENFORCEMENT AGENCY (LEA) The applicant shall contact the County of Riverside, Local Enforcement Agency at (951) 955- 8980 for any plan check and/or permitting requirements. Please note that the Medical Waste Management Act (MWMA), Section 117705 of the California Health and Safety Code, considers any person whose act or process produces medical waste to be a "medical waste generator" in California (e.g., a facility or business that generates, and/or stores medical waste onsite). Medical waste generators may be either large quantity (LQG = > 200 lbs / month), or small quantity generators (SQG = < 200 lbs / month). Medical waste generators shall register with the LEA. OFFICE OF INDUSTRIAL HYGIENE (IH) Noise Consultant: Michael Baker International Noise Study: "Generations Project — Noise Technical Memorandum," July 22, 2016 Based on the County of Riverside, Industrial Hygiene Program's review of the aforementioned Noise Study, PA15-1885 shall comply with recommendations set forth under the Industrial Hygiene's Program's response letter dated September 20, 2016 c/o Steven Uhlman. For further information, please contact Industrial Hygiene Program at (951)955-8980. Should you have any further questions or require further assistance, please contact me by email at kakimia. ri ,,,{ 5L 11. [ c << or by phone at (951) 955-8980. Sincerely, Kristine , RE 5 Environmental Protection and Oversight Division Land Use and Water Resources Program SR35316 Board of Directors President Randy A. Record Vice President David J. Slawson Directors Joseph J. Kuebler, CPA Philip E. Paule Ronald W Sullivan General Manager Paul D. Jones II, P.E. Treasurer Joseph J. Kuebler, CPA Chairman of the Board The Metropolitan Water District of So. Calif Randy A. Record Legal Counsel Lemieux & O'Neill itialliglialliii)ASTERN MUNICIPAL WATER DISTRICT SINCE 1950 December 24, 2015 City of Temecula Planning Department 41000 Main Street Temecula, CA 92590 Attention: Scott Cooper Subject: Generations Retirement Village — DP; PA 15-1885 APN: 955-020-006 Location: 31950 Pauba Road The subject project requires sewer service from EMWD. The details of said service connection points will be further detailed in a separate document, known as EMWD's Plan of Service (POS), to be developed by the project proponent and approved by EMWD. The POS evaluation will identify the potential requirement to construct new facilities, such as on-site and offsite sewer pipelines, facilities relocation related to conflicts with proposed improvements, (such as street realignments, street vacations, proposed medians and additional soil import), as well as associated easements and/or Right -of - Way Permits to adequately serve the project demands. The subject project is an active project with EMWD's New Business Department, with sewer service Work Order Numbers 15431 and 15432 and Project Record Number WS2015-318. To date, a final POS has not been completed to identify on-site and offsite facilities required to serve this project. If you have questions or concerns, please do not hesitate to contact me. Sincerely Maroun Ei-Hage, M.S,, P.E. Senior Civil Engineer New Business Development (951) 928-3777 x4468 El-haoermii emwd.orq ME:emn Attachment Marling Address: Post Office Box 8300 Perris, CA 92572-8300 Telephone: (951) 928-3777 Fax: (951) 928-6177 Location: 2270 Trumble Road Perris, CA 92570 Internet: www.emwd.org Steven Weiss Planning Director August 24, 2016 RIVERSIDE COUNTY PLANNING DEPARTMENT Pages 2 (including this cover) City of Temecula Planning Department Attention: Scott Cooper (scot.cooper@cityoftemecula.orq) RE: GE002510 Conditions of Approval Generations @ Linfield Development Plan City of Temecula Case No. PA15-1885 County Geologic Report GEO No. 2510, submitted for the project PM36098 (APN 955-020-006), City of Temecula Case No. PA15-1885, was prepared by Alta California Geotechnical, Inc. The report is titled; "Geotechnical Investigation, Linfield Property, City of Temecula, California/' dated June 15, 2015. In addition, the following document was submitted for the project: "Conceptual Grading Plan, Linfield Village, City of Temecula, CA", 2 sheets, Job No. 14.1494.1, undated, by KWC Engineers. These documents are hereby incorporated as a part of GEO No. 2510. GEO No. 2510 concluded: 1. Active faults are not known to exist within the project and a review of Special Publication 42 indicates the site is not within the California State designated Alquist- Priolo earthquake fault zones. Accordingly, the potential for fault surface rupture on the subject site is very low. 2. Based on the groundwater depth, the dense nature of the Pauba Formation and the remedial grading requirements, it is Alta's opinion that, upon the completion of grading, the Linfield site will have a very low potential for liquefaction. 3. Upon completion of the recommended remedial grading, the potential for dry sand settlement to occur onsite will be considered low. 4. Due to lack of existing landslides, weak -strength bedrock claystones and proposed high slopes or existing high slopes within or nearby the property, seismically induced landsliding is not anticipated to pose a danger to the site. 5. Groundwater is not considered a constraint for the proposed development. Riverside Office • 4080 Lemon Street, 12th Floor P 0, Box 1409, Riverside, California 92502-1409 (951) 955-3200 • Fax (951) 955-1811 Desert Office ' 77588 El Duna Court Palm Desert, California 92211 (760) 863-8277 • Fax (760) 863-7555 GEO No. 2510 recommended: 1. Vegetation, construction debris, and other deleterious materials are unsuitable as structural fill material and should be disposed of off-site prior to commencing grading/construction. 2. All uncompacted artificial fill should be completely removed and recompacted to project specifications prior to the placement of engineered fill. 3. All onsite alluvium and topsoil are unsuitable for the support of the proposed engineered fills and/or structures and should be completely removed and recompacted to project specifications prior to fill placement. 4. Six- and eight -inch canyon subdrains should be constructed in canyon drainages in accordance with the recommendations of this report. 5. Additional over -excavation may be recommended if expansive soils are encountered near final pad grade. GEO No. 2510 satisfies the requirement for a geologic/geotechnical study for Planning/CEQA purposes. GEO No. 2510 is hereby accepted for planning purposes. Engineering and other Building Code parameters were not included as a part of this review or approval. This approval is not intended and should not be misconstrued as approval for grading permit. Engineering and other building code parameters should be reviewed and additional comments and/or conditions may be imposed by the City of Temecula upon application for grading and/or building permits. Thank you for the opportunity to review this case for the City of Temecula. Please call me at (951) 955-6187 if you have any questions. Sincerely, RIVERSIDE COUNTY PLANNING DEPARTMENT Steven Weiss, Planning Director asFii4a Daniel P. Walsh, CEG No. 2413 Associate Engineering Geologist, TLMA-Planning Cc: Alta California Geotechnical, Inc., Attn: Dave Murphy (dave.murphv(a7altageotech.com) Generations Construction, LLC., Attn: Aaron Walker (awa Iker c(7oene ra tionsl Ic. com ) B:\Geology\Temecula Reviews\GE02510 Approval for PA15-1885.docx Ir,\'.\,Iltl t \1111117♦1.1 \I,\ I I.1i Board of Directors John E. Hoagland President Stephen J. Coruna Ben R. Drake Lisa D. Herman Danny J. Martin William E. Plummer Bill J. Wilson Officers Jeffrey D. Armstrong General Manager Richard R. Aragon, CPFO Director of Finance/l'reasurer Jason A. Martin Director of Administration Rich Ottolini, R.E,H.S., MSL Interim Director of Operations & Maintenance Andrew L. Webster, P.E. Chief Engineer Kelli E. Garcia District Secretary James B. Gilpin Best Best & Krieger LLP General Counsel December 31, 2015 Scott Cooper City of Temecula 41000 Main Street Temecula, CA 92590 SUBJECT: WATER AVAILABILITY PA15-1885; RANCHO VISTA ROAD PARCEL 'C' OF LIA NO. PA -02-0246 APN 955-020-006 [AARON WALKER] Dear Mr. Cooper: Please be advised that the above -referenced project/property is located within the service boundaries of Rancho California Water District (RCWD/District). The subject project/property fronts an existing 12 -inch diameter water pipeline (1380 Pressure Zone) within Rancho Vista Road, which may not provide adequate water pressure and capacity to the project. The nearest water facility from the 1485 Pressure Zone is a 12 -inch main within Rancho Vista Road, approximately 100 feet northeast of the northern property corner. Please refer to the enclosed exhibit map. Water service to the subject project/property does not exist. Additions or modifications to water service arrangements are subject to the Rules and Regulations (governing) Water System Facilities and Service, as well as the completion of financial arrangements between RCWD and the property owner. Water service to individual lots will require the extension of water facilities within dedicated public and/or private right-of-ways. Individual water meters will be required for each lot and/or project unit, including separate water services/meters for domestic service, fire service, and landscape irrigation service, as applicable. Water availability is contingent upon the property owner(s) destroying all on- site wells and signing an Agency Agreement that assigns water management rights, if any, to RCWD. In addition, water availability is subject to water supply shortage contingency measures in effect (pursuant to RCWD's Water Shortage Contingency Plan or other applicable ordinances and policy), and/or the adoption of a required Water Supply Assessment for the development, as determined by the Lead Agency. 15\PD: h ab0l 5 \F450\FEG Rancho California Water District 42 )35 Winche.sler Road • Pnxl ()like Box 9017 •Temecula, Cal iforn a 92589-91)17 • (95 1) 296-69110 •FAX (951) 296-9860 Scott Cooper/City of Temecula December 31, 2015 Page Two In accordance with Resolution 2007-10-5, the project/property will be required to use recycled water for all landscape irrigation, which should be noted as a condition for any subsequent development plans. Recycled water service, therefore, would be available upon construction of any required on-site and/or off-site recycled water facilities and the completion of financial arrangements between RCWD and the property owner. Requirements for the use of recycled water are available from RCWD. As soon as feasible, and prior to the preparation of California Environmental Quality Act (CEQA) documents, the project proponent should contact RCWD for a determination of existing water system capability, based upon project -specific demands and/or fire flow requirements, as well as a determination of proposed water facilities configuration. If new facilities are required for service, fire protection, or other purposes, the project proponent should contact RCWD for an assessment of project -specific fees and requirements. As a result of anticipated low water service pressure to the subject project/property, property owner(s) may be required to sign an acknowledgement of low water service pressure when service arrangements are made or modified. Sewer service to the subject project/property, if available, would be provided by Eastern Municipal Water District. If no sewer service is currently available to the subject project/property, all proposed waste discharge systems must comply with the State Water Resources Control Board, health department, and/or other requirements as they relate to the protection of groundwater quality, pursuant to RCWD's Groundwater Protection Policy. If you should have any questions or need additional information, please contact an Engineering Services Representative at the District office at (951) 296-6900. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Phillip Dauben Associate Engineer Enclosure: Exhibit Map cc: Corey Wallace, Engineering Manager-CIP & Development Phillip Dauben, Associate Engineer Heath McMahon, Construction Contracts Manager Corry Smith, Engineering Services Supervisor Aaron Walker, Generations, LLC 15\PD:hab015\1450\FEG Rancho California Water District 42185 Winchester Road • Past Office Box 9017 • Temecula- California 92589-9017 • (951) 295-6900 • FAX (9611 296-6860 NAVA' tanchuwater cum Exhibit Map NOTICE OF PUBLIC HEARING Case No: Applicant: Proposal: Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: Environmental: Case Planner: Place of Hearing: Date of Hearing: Time of Hearing: PA15-1885, PA15-1886 Aaron Walker A Development Plan and Planned Development Overlay Amendment for the construction of a 493,044 square -foot independent living, assisted living, and memory care community containing 317 units generally located on the south side of Rancho Vista Road, approximately 2,500 feet east of Margarita Road. In accordance with the California Environmental Quality Act (CEQA), the proposed project will not have a significant impact upon the environment based upon a completed Environmental Initial Study and Mitigation Monitoring Plan. As a result, a Mitigated Negative Declaration will be adopted in compliance with CEQA. Scott Cooper, (951) 506-5137 City of Temecula, Council Chambers June 21, 2017 6:00 p.m. I� U 1 "< RP 010 VISTA RD 500 1 000 +Ea'. . A yr, ARTA vvy ?yr yLIiLJf The complete agenda packet (including any supplemental materials) 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 — TerneculaCA.gov and will be available for public review at the respective meeting. Any writing 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 — TemeculaCA.gov — and will be available for public review at the meeting. Any petition for judicial review of a decision of the Planning Commission shall be filed within time required by, and controlled by, Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the Planning Commission 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. Questions? Please call the Community Development Department at (951) 694-6400. DRAFT MITIGATED NEGATIVE DECLARATION The report is on file in the Community Development Department and can be viewed on the City's Website through the link below: https://temeculaca.gov/362/Environmental-Review-CEQA FINAL INITIAL STUDY/MITIGATED NEGATIVE DECLARATION (IS/MND) Linfield Village Senior Housing Development Project LEAD AGENCY: City of Temecula 41000 Main Street Temecula, CA 92590 Contact: Scott Cooper Associate Planner (951) 506-5137 PREPARED BY: Michael Baker International 40810 County Center Drive, Suite 200 Temecula, California 92591 Contact: Mr. Darren Edgington, CEP -IT, LEED AP (951) 506-2083 JN 153676 May, 2017 RESPONSE TO COMMENTS Linfield Village Senior Housing Development Project LEAD AGENCY: City of Temecula 41000 Main Street Temecula, CA 92590 Contact: Scott Cooper Associate Planner (951) 506-5137 PREPARED BY: Michael Baker International 40810 County Center Drive, Suite 200 Temecula, California 92591 Contact: Mr. Darren Edgington, CEP -IT, LEED AP (951) 506-2083 JN 153676 May, 2017 City of Temecula Linfield Village Senior Housing PAGE INTENTIONALLY BLANK May, 2017 2 Response to Comments City of Temecula Linfield Village Senior Housing COMMENT LETTER NO. 1 Victoria Harvey, on behalf of the Agua Caliente Band of Cahuilla Indians, dated September 27, 2016 1A) The commenter notes that the Project site is not located within the Agua Caliente Band of Cahuilla Indians Traditional Use Area, and therefore defers to other tribes within the Project area. As described under Draft IS/MND Section 3.5. Cultural Resources, ten parties were notified pursuant to AB -52, including Native American contacts representing the Pala Band of Mission Indians, Pauma Band of Luiseno Indians (Pauma and Yuima), Rincon Band of Mission Indians, Pechanga Band of Mission Indians, San Luis Rey Band of Mission Indians, Soboba Band of Luiseno Indians, and Kupa Cultural Center; refer to Draft IS/MND Appendix C, Cultural Resources Assessment. The City of Temecula appreciates and values your participation during the public review period. No further response is necessary. May, 2017 3 Response to Comments City of Temecula Linfield Village Senior Housing PAGE INTENTIONALLY BLANK May, 2017 4 Response to Comments City of Temecula Linfield Village Senior Housing COMMENT LETTER NO. 2 Maroun El -Hage, on behalf of Eastern Municipal Water District, dated October 4, 2016 2A) The commenter indicates that the Project would require sewer service from Eastern Municipal Water District (EMWD) and provides guidance on EMWD's Plan of Service (POS) process. The City of Temecula acknowledges that the Project applicant would be required to prepare a POS document for EMWD approval. The City of Temecula appreciates and values your participation during the public review process. No further response is necessary. May, 2017 5 Response to Comments City of Temecula Linfield Village Senior Housing PAGE INTENTIONALLY BLANK May, 2017 6 Response to Comments City of Temecula Linfield Village Senior Housing COMMENT LETTER NO. 3 Henry Olivo, on behalf of Riverside County Flood Control and Water Conservation District, dated October 4, 2016 3A) The commenter provides general background information pertaining to Riverside County Flood Control and Water Conservation District (District) authority for land use cases involving incorporated cities. Responses to specific comments are provided below. 3B) The commenter explains that the Project site is not affected by District Master Drainage Plan facilities nor are other facilities of regional interest proposed. This comment is duly noted. No further response is necessary. 3C) The commenter explains that the Project is proposed within the limits of the District's Murrieta Creek/ Temecula Valley Area Drainage Plan and will be subject to drainage flees prior to the issuance of grading permits. This comment is duly noted. No further response is necessary. 3D) The commenter indicates the Project may require a National Pollutant Discharge Elimination System (NPDES) permit and provides guidance on NPDES permitting. The Draft IS/MND acknowledges that a General Construction Permit would be required from the San Diego Regional Water Quality Control Board (Regional Board) to include effluent limits for erosion and sediment control, pollution prevention, and site stabilization from the Construction and Development Effluent Guidelines and Standards Regulations; refer to Draft IS/MND Table 2.3-1, Required Permit Approvals, and Section 3.9, Hydrology and Water Quality. 3E) The commenter provides general information for the Federal Emergency Management Agency (FEMA) and provides guidance on FEMA requirements if the Project involves impacts to a mapped floodplain. As described in Draft IS/MND Section 3.9, according to FEMA Flood Insurance Rate Map (FIRM) Program, the proposed Project is not located within a designated 100 -year flood hazard area.' No impact would occur. 3F) The commenter provides general guidance on California Department of Fish and Wildlife (CDFW) Section 1602 Agreement and United States Army Corps of Engineers (Corps)/Regional Board Clean Water Act Section 404/401 requirements. The Draft IS/MND acknowledges that the Project site includes approximately 1.19 acres of potential streambed and riparian habitat subject to CDFW jurisdiction and 0.21 acre of potential waters subject to Corps/Regional Board jurisdiction; refer to Draft IS/MND Section 3.4, Biological Resources. In order to mitigate the Project's potential impacts to the existing riparian/riverine habitat, the Draft IS/MND proposes Mitigation Measure BIO -4, which requires agency approval of a Clean Water Act Section 404 permit from the Corps, CWA Section 401 Water Quality Certification from the Regional Water Quality Control Board, and Section 1602 Streambed Alteration Agreement from CDFW. Additionally, Mitigation Measure BIO -5 will be implemented to require preparation of a DBESP analysis, pursuant to Section 6.1.2 of the MSCHP. With implementation of Mitigation Measures BIO -4 and BIO -5, the Project would have less than significant impacts to jurisdictional waters and wetlands. The City of Temecula appreciates and values your participation in the public review process. ' Federal Emergency Management Agency Website, FEMA Flood Map Service Center, https://msc.fema.gov/portal, Accessed June 20, 2016. May, 2017 7 Response to Comments City of Temecula Linfield Village Senior Housing May, 2017 8 Response to Comments City of Temecula 1FAW ell Linfield Village Senior Housing COMMENT LETTER NO.4 Janet Dixon, on behalf of the City of Temecula Unified School District, dated October 21, 2016 4A) The City of Temecula appreciates and values your comments during the Draft IS/MND public review process.This comment serves as the introduction to the letter. Responses to specific comments are provided below. 4B) The commenter suggests that the significance determination for Impact 3.16(d) (Substantially increase hazards due to a design feature(e.g.,sharp curves or dangerous intersections)or incompatible uses(e.g.,farm equipment?) is revised from less than significant to less than significant impact with mitigation incorporated. While the commenter's concerns are noted,as described under Impact 3.16(d), Project implementation would not introduce any hazardous design features. In fact,the Project would involve improvements to the Rancho Vista Road/Via El Greco intersection; refer to Draft IS/MND page 89.As such,the City of Temecula aff irms that Project implementation would not introduce additional hazards to Temecula Valley High School Students due to a design feature or incompatible uses. No mitigation is necessary nor required in this regard. 4C) Refer to Response 4B above. Project implementation would involve improvements to the Rancho Vista Road/Via El Greco intersection to ensure its operations do not cause hazards to Temecula Valley High School students. No improvements beyond those identified in the Draft IS/MND are necessary nor required in this regard. 4D) Comment noted.The City of Temecula acknowledges this comment and the commenter's concerns with student safety at the Rancho Vista Road/Via El Greco intersection. Refer to Response 4B above. 4E) This comment serves as the conclusion to the letter.The City of Temecula appreciates and values your participation in the public review process. May,2017 9 Response to Comments City of Temecula Linfield Village Senior Housing PAGE INTENTIONALLY BLANK May,2017 10 Response to Comments City of Temecula ` AW Linfield Village Senior Housing �.3• COMMENT LETTER NO.5 Scott Morgan, on behalf of the Governor's Office of Planning and Research State Clearinghouse and Planning Unit, dated October 25, 2016. 5A) The commenter acknowledges that the City of Temecula has complied with the State Clearinghouse review requirements for draft environmental documents, pursuant to California Environmental Quality Act requirements.The City of Temecula appreciates and values your participation during the public review process. May,2017 11 Response to Comments City of Temecula t Linfield Village Senior Housing ,U,a PAGE INTENTIONALLY BLANK May,2017 12 Response to Comments Comment Letter No. 1 Edgington, Darren From: THPO Consulting <ACBCI-THPO @aguacaliente.net> Sent: Tuesday, September 27, 2016 9:09 AM To: Scott Cooper Subject: Linfield Village Senior Housing Development Good Morning, Mr. Cooper, r Thank you for including us in the consultation process for this project. However, a records check of the ACBCI cultural registry revealed that this project is not located within the Tribe's Traditional Use Area(TUA). 1A Therefore, we defer to the other tribes in the area. This letter shall conclude our consultation efforts. Have a good day, Victoria Harvey M.A.,R.P.A. Archaeological Monitoring Coordinator Agua Caliente Band of Cahuilla Indians 760-699-6981 (Desk) (760)406-1909 (Cell) vharvey @aguacaliente.net The information contained in this message may be privileged and confidential and protected from disclosure. If the reader of this message is not the intended recipient, or an employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error,please notify us immediately by replying to the message and deleting it from your computer i Comment Letter No. 2 EASTERN MUNICIPAL emw WATER DISTRICT October 4, 2016 Mr. Scott Cooper City of Temecula 41000 Main Street Temecula, CA 92590 Subject: Linfield Village Senior Housing Development Project APN: 955-020-006 Location: Linfield Christian School on Rancho Vista Rd., approximately 2,500 feet east of Margarita Road Dear Mr. Scott Cooper: The subject project requires sewer service from EMWD. The details of said service connection points will be further detailed in a separate document, known as EMWD's Plan of Service (POS), to be developed by the project proponent and approved by EMWD. The POS evaluation will identify the potential requirement to construct new facilities, such as on-site and offsite sewer pipelines, facilities relocation related to conflicts with proposed improvements, (such as street realignments, street vacations, proposed medians and additional soil import), as well as associated easements and/or Right-of-Way Permits to 2A adequately serve the project demands. The subject project is an active project with EMWD's New Business Department, with a water and sewer service Work Order Number 15432 and Project Record Number WS2015-341. To date, a final POS has not been completed to identify on-site and offsite facilities required to serve this project. 2270 Trumble Road • P.O.Box 8300 • Perris,CA 92572-8300 T951.928.3777 • F951.928.6177 emwd.org Mr.Scott Cooper October 4,2016 Page 2 If you have questions or concerns, please do not hesitate to contact me at (951) 928-3777, 2A extension 4468 or by e-mail at El-hagem @emwd.org. Cont. Sincerely, Maroun El-Hage, M.S., P.E. Senior Civil Engineer New Business Department Eastern Municipal Water District ME:emn Attachment EASTERN MUNICIPAL WATER DISTRICT f 1E IVE0 Clay of Temecula SEP 2 6 2016 Community Development EAIWD ° MAIL R00,�7 Planning Division Notice of Intent to Adopt Mitigated Negative Declaration PROJECT: Linfield Village Senior Housing Development Project APPLICANT: Generations Construction,LLC LOCATION: The proposed project is generally located at the Linfield Christian School on Rancho Vista Road approximately 2,500 feet east of Margarita Road at Assessor Parcel Number 955-020-006,City of Temecula, County of Riverside. DESCRIPTION: The project proposes the construction and operation of an approximately 490,048 square foot independent living, assisted living, and memory care community that would be constructed on 15.58 acres. The project proposes three buildings that would include 203 independent living units, 72 assisted living units, and 40 memory care units for a total of 315 dwelling units. Outdoor components include approximately 8.2 acres of open space/landscape areas, approximately 2.5 acres of parking area, and approximately 3.8 acres of building area. Rancho Vista Road would be modified to allow for access to the project site and widened to Secondary Roadway standards along the project frontage to allow for a center striped median and provide left turn lanes at the project driveways. The City of Temecula intends to adopt a Mitigated Negative Declaration for the project described above. This notice is made pursuant to Section 15072 of the California Environmental Quality Act(CEQA). Based upon the information contained in the attached Initial Environmental Study and pursuant to the requirements of CEQA; it has been determined that this project as proposed, revised or mitigated will not have a significant impact upon the environment. As a result, the City Council intends to adopt a Mitigated Negative Declaration for this project. The mitigation measures required to reduce or mitigate the impacts of this project on the environment are included in the project design and/or the Mitigation Monitoring Program which is attached to this Notice and will be included as part of the Mitigated Negative Declaration for this project. As required by Section 15073 of CEQA, the public review and commenting period for this proposed Mitigated Negative Declaration is September 23, 2016 to October 24, 2016. Written comments and responses to this notice should be addressed to the contact person listed below at the following address: City of Temecula.41000 Main Street, Temecula, CA 92590 The public notice of the intent to adopt this Mitigated Negative Declaration is provided through: ®The Local Newspaper ®Posting the Site ❑Notice to Adjacent Property Owners If you need additional information or have any questions concerning this project, please contact the Project Planner colt Cooper at(951)506-5137 or sco_tt.cpplx:r DTTemc-Sul4( A.qoov e Watson (Date) Director of Community Development Comment Letter No. 3 JASON E. UHLEY 1995 MARKET STRE'E'T' General Manager-Chief Engineer RIVF,RSIDE,CA 92501 951.955.1200 FAX 951.788.9965 www.rcfloud.org 207794 RIVERSIDE COUNTY FLOOD CONTROL AND WNFER CONSERVATION DISTRICT October 4,2016 City of Temecula Planning Department Post Office Box 9033 Temecula,California 92589-9033 Attention:Scott Cooper Re: NOI to Adopt MND,Linfield Village Senior Housing Development Project The District does not normally recommend conditions for land divisions or other land use cases in incorporated cities. The District also does not plan check city land use cases,or provide State Division of Real Estate letters or other flood hazard reports For such cases. District comments/recommendations for such cases are normally limited to items of specific interest to the District including District Master Drainage Plan Facilities,other regional flood control and drainage facilities.which 3A could be considered a logical component or extension of a master plan system, and District Area Drainage Plan fees (development mitigation Fees). In addition, information of general nature is provided. The District has not reviewed the proposed project in detail and the following comments do not in any way constitute or imply District approval or endorsement of the proposed project with respect to flood hazard,public health and safety or any other such issue: 3B • This project would not be impacted by District Master Drainage Plan facilities nor are other facilities of regional interest proposed. • This project is located within the limits of the District's Murrieta Creek/Temecula Valley Area Drainage Plan far which drainage fees have been adopted;applicable fees should be paid by cashier's check or money order only to 3C the Flood Control District or City prior to issuance orgrading permits. Fees to be paid should be at the rate in effect at the time of issuance of the actual permit. GENERAL INFORMATION This project may require a National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. Clearance for grading, recordation or other final approval should not be given until the City has 3D determined that the project has been granted a permit or is shown to be exempt lfthis project involves a federal Emergency Management Agency(FEMA)mapped Iloodplain,the City should require the +}�pli'ani to provide all studies,calculations,plans and otlrrr infot�nution required to rarest FEMA requirements,and should 3E further require the applicant obtain a Conditions! letter of Map Revision(Ci..OMlt) prior to grading, recordation or other final approval of the project,and a Letter of Map v i s i o n(IOMR)prior to occupancy. 1fa natural watercourse or mapped tloodplain is impacted by this project, the City should require the applicant to obtain a Section 1602 Agreement From the California Department of Fish and Wildlife and a Clean Water Act Section 404 Permit From the U.S. Army Corps of Engineers, or written correspondence Front these agencies indicating the project is exempt 3F fi-orn these requirements. A Clean Water Act Section 401 Water Quality Certification may be required from the local California Regional Water Quality Control Board prior to issuance of the Corps 404 permit. Very truly yours, ao ZLT_ V Engineering Project Manager c: Riverside County Planning Department Attn: Kristi Lovelady SKM:bad October 21,2016 Comment Letter No. 4 Mr. Scott Cooper,Associate Planner City of Temecula 41000 Main Street Temecula,CA 92590 SUBJECT: Linfield Village Senior Housing Dear Mr. Cooper: Thank you for the opportunity to comment on the proposed Linfield Village Senior Housing project. 14A In reviewing the MND. I had some concerns about the traffic analysis. In section 16d,as to whether the project would substantially increase hazards due to a design feature such as sharp curves or dangerous intersections,I Q would suggest that the response should be Less Than Significant with Mitigation Incorporation,rather than Less Than Significant Impact. The project is just down the street from the existing Temecula Valley High School,and a mid-block cross walk for students to cross the north side of the street. Rancho Vista Road has a speed limit of 45 mph at that point. The road has a curve at that point,making it impossible to see people entering the crosswalk at a distance,and impossible for pedestrians to see cars approaching the short distance from Via El Greco. 4C The addition of the traffic from the proposed Senior Housing will only exacerbate the problem. The project is already required to extend the existing sidewalk to the project entrance. I suggest that the mid-block crosswalk be relocated to a signalized crosswalk at Via El Greco and Rancho Vista Road,allowing vehicles to enter and exit the new senior housing safely,and for pedestrians to cross safely. I have attached two pictures to illustrate my concern. The first is from the mid-block crosswalk on Rancho Vista Road,looking toward Via El Grcco and the new senior housing. As you can see,the visibility is limited by the curve in the road,making is impossible for the pedestrians and vehicles to see one another at a distance. The 4D second photo is from Via El Greco, looking down Rancho Vista Road,toward Temecula Valley High School. Again,you can see that visibility on this 45 mph stretch of road is extremely limited. Additional vehicles from the Senior Housing will make the situation worse. Thank you for your interest in our suggestions to make this project even better. I4E Sincerely,, P"a ( euw Janet Dixon Director of Facilities Development Cc: Lori Ordway-Peck,Assistant Superintendent of Business Support Services Linfield Village Senior Housing Comments 31350 Rancho Vista Road/Temecula,CA 92592/(951)676-2661 1 4 xv East on Rancho Vista Road n mid-block crosswalk toward -- El Greco and the proposed for Housing -Owl 1 s View West on Rancho Vista Road from Via El Greco and the proposed Senior Housing to the mid-block crosswalk l�✓..��" ^ ,4•.11. . 4^I 1+ } 31350 Rancho Vista Road/Temecula,CA 92592/(951)676-2661 31350 Rancho Vista Road Temecula,CA 92592 (951)676-2661 Comment Letter Flo. 5=a STATE OF CALIFORNIA Z. GOVERNOR'S OFFICE of PLANNING AND RESEARCH n rF oR�F STATE CLEARINGHOUSE AND PLANNING UNIT or ut� EDMUND G.BROWN JR. KENALEx GOVERNOR DIRECTOR October 25,2016 Scott Cooper City of Temecula 41000 Main St Temecula,CA 92590 Subject: Linfield Village Senior Housing Development Project SCH#: 2016091059 Dear Scott Cooper: The State Clearinghouse submitted the above named Mitigated Negative Declaration to selected state agencies for review. The review period closed on October 24,2016,and no state agencies submitted comments by that date. This letter acknowledges that you have complied with the State Clearinghouse review requirements for draft environmental documents,pursuant to the California Environmental Quality Act. 5A Please call the State Clearinghouse at(916)445-0613 if you have any questions regarding the environmental review process. If you have a question about the above-named project,please refer to the ten-digit State Clearinghouse number when contacting this office. Sincerely,, � f - cart Morgan Director, State Clearinghouse 140010th Street P.O.Box 3044 Sacramento,California 95812-3044 (916)445-0613 FAX(916)323-3018 www.opr,ca.gov Document Details Report State Clearinghouse Data Base SCH# 2016091059 Project Title Linfield Village Senior Housing Development Project Lead Agency Temecula, City of Type MND Mitigated Negative Declaration Description The project proposes the construction and operation of an approximately 490,048 sf independent living,assisted living,and memory care community.Three buildings would be constructed to include 203 independent living units, 72 assisted living units,and 40 memory care units for a total of 315 dwelling units. Outdoor components include,but are not limited to, open space/landscape areas, parking area, relevant operational facilities, and internal roadways and walkways. Rancho Vista Rd would be modified to allow for access to the project site and widened to Secondary Roadway standards along the project frontage to allow for a center striped median and provide for left turn lanes at the project driveways. Lead Agency Contact Name Scott Cooper Agency City of Temecula Phone 951-506-5137 Fax email Address 41000 Main St City Temecula State CA Zip 92590 Project Location County Riverside City Temecula Region Lat/Long 33°30' 15" N/117°06'34"W Cross Streets Rabcho Vista Rd and Margarita Rd Parcel No. 955-020-006 Township 8S Range 2W Section 5,8 Base Bachelor Proximity to: Highways 79 Airports Railways Waterways Temecula Creek Schools Linfield Christiaan,Temecula Valley HS Land Use GP: Public Institutional Facilities.Z:Planned overlay-7 Project Issues Aesthetic/Visual;Agricultural Land;Air Quality;Archaeologic-Historic; Biological Resources; Flood Plain/Flooding; Forest Land/Fire Hazard;Geologic/Seismic; Minerals; Noise; Public Services; Population/Housing Balance; Recreation/Parks;Sewer Capacity;Toxic/Hazardous;Traffic/Circulation; Vegetation;Water Quality;Water Supply;Wetland/Riparian; Landuse; Other Issues Reviewing Resources Agency; Department of Fish and Wildlife, Region 6; Department of Parks and Recreation; Agencies Department of Water Resources; Office of Emergency Services, California;California Highway Patrol; Caltrans, District 8; Regional Water Quality Control Board, Region 9; Department of Housing and Community Development; Native American Heritage Commission Date Received 09/2312016 Start of Review 09/2312016 End of Review 10/2412016 Note: Blanks in data fields result from insufficient information provided by lead agency ERRATA Linfield Village Senior Housing Development Project LEAD AGENCY: City of Temecula 41000 Main Street Temecula,CA 92590 Contact:Scott Cooper Associate Planner (951)506-5137 PREPARED BY: Michael Baker International 40810 County Center Drive,Suite 200 Temecula,California 92591 Contact: Mr. Darren Edgington,CEP-IT, LEED AP (951)506-2083 JN 153676 Attachments: Exhibit 3,Revised Site Plan Appendix F, Due Diligence Assessment for the Generations Temecula Project Appendix G, Determination of Biologically Equivalent or Superior Preservation Report May, 2017 •.d��tr-r- .�ti City of Temecula fir. Linfield Village Senior Housing PAGE INTENTIONALLY BLANK May,2017 2 Errata City of Temecula AIM ' Linfield Village Senior Housing Introduction Since the circulation of the Draft IS/MND for public review starting September 23, 2016 and ending on October 24, 2016, the applicant has met with the surrounding community for continued participation regarding public comments on the project's building height and to provide traffic clarifications. Community meetings were held on July 11, 2016, November 30, 2016, and February 27, 2017. Through the process of receiving community feedback and the applicant responding to community comments, there have been minor modifications to the project. Refer to Attachment: Exhibit 1, Revised Site Plan. A Determination of Biologically Equivalent or Superior Preservation (DBESP) report is attached to this Errata as Appendix G and updates the analysis in Section 3.4, Biological Resources in the 1S/MND. A technical memorandum has been attached to Appendix F and provides updates to the jurisdictional areas as the DBESP report was being produced. When the MND was circulated,the DBESP report was in a preliminary stage and was being refined due to consultation with the Regional Conservation Agency.Through this process,the DBESP report indicates a decrease in jurisdictional acreage that was analyzed in the MND. Because the impacts are less than what was analyzed in the MND,the update is considered a minor clarification and does not constitute significant new information or a need for further environmental review. In addition,some minor site plan revisions have occurred through community meeting efforts in response to comments on the MND.The square footage of the project increased 2,996 square feet, which is not considered a substantial increase due to the size and nature of the project.The total unit count increased by 2 making the total 317 units instead of 315. This is not considered substantial because the two unit increase would not impact any unit-dependent impact areas (traffic/transportation, air quality, greenhouse gas, noise, utilities, and public services).All of these impacts are far below their respective thresholds of significant, and the addition of two units would not result in a significant impact, or an impacts beyond those previously analyzed in the Draft IS/MND.A four story building portion of the project was relocated into the interior of the project to decrease visual impacts/bulk from views along Rancho Vista Road and the surrounding community. One of the water quality basins has been replaced with a similar functioning underground modular wetland system that is required to be approved by the City to ensure water quality discharges from the project site will be in compliance with water quality regulations and policies.This modular wetland system will not cause an increase of impacts to air quality or noise due to construction because the size of this system is considered to be relatively small and will require minor grading, which is considered negligible compared to the overall grading of the site to accommodate the project. Furthermore, it would not result in an increase in the required grading in comparison with the grading required for the proposed basin. These Errata consist of minor technical changes,clarifications and updates to the existing environmental analysis' none of which constitutes significant new information or triggers the need for further environmental review. Changes to the Draft Lindfield Village Initial Study/Mitigated Negative Declaration (Draft IS/MND) are noted below. The changes to the IS/MND do not affect the overall conclusions of the environmental document, and instead represent minor changes to the Draft IS/MND to provide clarification, amplification and/or"insignificant modifications" as needed as a result of public comments on the Draft May,2017 3 Errata City of Temecula , Linfield Village Senior Housings ' IS/MND, or due to additional information received during the public review period. These clarifications and corrections do not warrant recirculation of the document pursuant to CEClA Guidelines§15088.5. As set forth further below and elaborated upon in the respective Response to Comments document,none of the Errata below reflects a new significant environmental impact, a"substantial increase" in the severity of an environmental impact for which mitigation is not proposed, or a new feasible alternative or mitigation measure that would clearly lessen significant environmental impacts but is not adopted. Nor do the Errata reflect a"fundamentally flawed" or"conclusory"Draft IS/MND. Changes in this Errata Section are listed by page, and (where appropriate) by paragraph. Added or modified text is shown with an underline (example while deleted text is shown by strikethrough (example). PAGE 1(SECTION 1.0, INTRODUCTION) An application has been made to the City of Temecula to allow construction and operation of a 490;949 493,044 square foot(SF)independent living,assisted living,and memory care community.The Linfield Village Project(Project)would include 203 independent living dwelling units,72 assisted living units,and 40 42 memory care units for a total of 444 317 dwelling units.The City of Temecula (City)has determined that the Project is subject to the guidelines and regulations of the California Environmental Quality Act(CEO,A).This Initial Study has been prepared to address potential impacts associated with the Project,as described below.This Initial Study addresses the direct, indirect,and cumulative environmental effects associated with implementation of the proposed Project. PAGE 3 (SECTION 2.3, PROJECT CHARACTERISTICS) The Project proposes the construction and operation of an approximately 400,048 493,044 square foot (SF)independent living,assisted living, and memory care community; refer to Exhibit 3. Conceptual Site Plan.The Project would include 203 independent living units,72 assisted living units,and 4042 memory care units for a total of 344317 dwelling units.Three buildings are proposed under the Linfield Village Project,described below. • Building A: Building A is two to four stories and contains one level of semi-underground parking. Building A includes independent living apartments, assisted living, and memory care units. Other uses proposed for Building A include dining rooms, a theater, credit union, day spa, vitality center, and chapel. Building A was modified in response to community concerns to move the four-story portions of the building south towards the center of the site, with two-story portions of the site north towards Rancho Vista Road. This redesign will lessen potential views hed impacts for the residents north of the Project site. • Building B: Building B is twee four stories and contains one level of semi-underground parking. Building B includes independent living apartments as well as lounging/meeting areas. • Building C: Building C includes eight single story 4-plex independent living dwelling units with individual garages provided for each of the units. Outdoor components for the Project include approximately 8.2 acres of open space/landscape areas, approximately 2.5 acres of parking area, and approximately 3.8 May,2017 4 Errata City of Temecula r l Linfield Village Senior Housing r b+ acres of building area.Other outdoor components include a nine-hole golf putting course, water retention basins, an undereround modular wetland system for additional water quality BMP that will reduce the BMP area footprint and allow more room to transition the outflow to the vegetated area, raised planters and gardens, patio dining, a gazebo and rooftop garden, fountains, a pond, internal vehicular roadways, and walking paths. The Project would require water,sewer,electrical,gas,relevant storm drain facilities,and telephone utility connections prior to operation, (refer to Exhibit 5,Site Photo Key Map, and Exhibit 6, Site Photos). Estimated grading raw quantities would be approximately 46,000 cubic yards of cut and approximately 100,000 cubic yards of fill. The area of grading disturbance onsite is anticipated to be approximately 13.75 acres.The offsite area of grading disturbance is anticipated to be approximately 0.65 acres (refer to Exhibit 4, Conceptual Grading Plan . In addition,Rancho Vista Road would be modified to allow for access to the Project site and widened to Secondary Roadway standards along the Project frontage to allow for a center striped median and provide for left turn lanes at the Project driveways. PAGE 5(SECTION 2.4, INITIAL STUDY CHECKLIST) 8. Description of the Project: The Project addressed in this IS/MND consists of all actions related to the design and construction of an approximately 499;848 493,044 SF independent living, assisted living, and memory care community named "Linfield Village"on an existing disturbed 15.58-acre vacant lot. 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement). Regional Water Quality Control Board(General Construction Permit) Western Riverside County Regional Conservation Authority PAGE 13(EXHIBIT 3-CONCEPTRUAL SITE PLAN) Updated to reflect minor site plan revisions,see Attachment Exhibit 3,Revised Site Plan, at the end of the Errata document. PAGE 27(SECTION 3.3,AIR QUALITY) As of 2015,the City of Temecula reported 49,292 jobs and 33,369 households within City limits,a ratio of 1.47. Southern California Association of Governments (SCAG) projections for 2020 include 54,111 jobs and 30,584 households within City limits, a ratio of 1.76. The proposed senior facility would increase employment by creating approximately 100 full time jobs and 30 part time jobs,and increase housing by 3317 units;however,this nominal increase would be in line with SCAG projections. Thus,although the proposed Project would increase employment and housing, the proposed Project would not result in growth significantly exceeding existing local conditions and/or regional growth projections within the City. Therefore, the proposed Project would be considered consistent with the overall type, intensity, and pattern of land use envisioned for the site vicinity in the RCP. PAGE 41(SECTION 3.4, BIOLOGICAL RESOURCES) FIRST PARAGRAPH May,2017 5 Errata City of Temecula ' . Linfield Village Senior Housing ; " . . . A jurisdictional delineation was conducted on the Project site; also refer to Attachment Appendix F, Helix Memo dated September 23, 2016. According to the jurisdictional delineation, and based on an analysis of aerial and topographic imagery combined with the Habitat Assessment field survey, two (2) drainage features occur on-site that are expected to be considered "waters of the U.S." and "waters of the State"subject to Corps, Regional Board, and CDFW jurisdiction." SECOND PARAGRAPH As described in Appendix F and Attachment Appendix G, Determination of Biologically Eguivaient or Superior Preservation(DBESP)Report,the Project site includes approximately 1.`S 1.19 acres of potential streambed and riparian habitat subject to CDFW jurisdiction, including 4530.70 acre southern riparian woodland,0.630.47 acre southern willow scrub,and 0.12 acre mule fat scrub., y^�Q-0_2 R..PA_W.,.,Peotated «-^^^^h^a As shown in Table 3.4-1, Jurisdictional Waters and Wetlands, the proposed Project-related expansion of Rancho Vista Road along the Project's northern boundary would impact approximately 0.19 acre of southern riparian woodland subject to CDFW jurisdiction. According to Attachment Appendix G, DBESP Report, while this habitat would be impacted,the habitat is of low duality due to its proximity to Rancho Vista Road and the presence of Eucalyptus trees. Additionally, the Project site supports approximately 44;L 0.21 acre of potential wetland waters subject to Corps/Regional Board jurisdiction.; nclwdin^945 c of AAd 9 Q APfAAf A .^«,.,Ad_4 The proposed expansion of Rancho Vista Road would also directly impact 40.02 acre of potential wetland waters subject to Corps/Regional Board jurisdiction;refer to Table 3.4-1.As such,the Project applicant will be required to obtain regulatory approvals from the Corps,Regional Board,and/or CDFW prior to implementation of the proposed Project. The drainage features on the Project site will also qualify as riparian/riverine habitat under the MSHCP and,as a result,alteration or removal of any of this habitat will require the preparation of a Determination of Biological Equivalent or Superior Preservation (DBESP) analysis, separate from the aforementioned regulatory approvals, per the requirements of Section 6.1.2 of the MSHCP. As such, impacts to the riparian/riverine habitat will be mitigated through Mitigation Measure BIO-4,which will require agency approval of a Clean Water Act(CWA)Section 404 permit from the Corps,CWA Section 401 Water Quality Certification from the Regional Water Quality Control Board, and Section 1602 Streambed Alteration Agreement from CDFW. Additionally, Mitigation Measure BIO-5 will be implemented to require preparation of a DBESP analysis by the applicant as well as approval of the DBESP by, the Riverside Conservation Authority (RCA) prior to ground-disturbing activities, pursuant to Section 6.1.2 of the MSCHP.With implementation of Mitigation Measures B10-4 and BIO-5,less than significant impacts would occur. PAGE 42(SECTION 3.4, BIOLOGICAL RESOURCES) TABLE 3.4-1 is replaced with the following: May,2017 6 Errata x City of Temecula Linfield Village Senior Housing Table 3.4-1,Jurisdictional Waters and Wetlands JURISDICTIONAL EXISTING IMPACTS RESOURCES Acres' Linear Feet Acres' Linear Feet USACEIRWQCB Jurisdiction Wetland Waters of the U.S./State' 1 0.21 624 0.02 94 TOTAL 1 0.21 624 0.02 94 CDFW Jurisdiction&Ri arianlRiverine Areas Southern riparian woodland" 030 — 0.19 — Southern willow scrub 0.47 — — — Mule fat scrub 0.12 — TOTAL 1.19 — 0.19 — 'Acreages are rounded to the nearest 0.01;therefore,totals r0ect rounding. *Includes 0.0001 acre located outside of the project boundary but within the impact footprint. Includes 0.07 acre located outside of the project boundary but within the impact footprint. Source:Helix Environmental Planning Technical Memo,Jurisdictional Impacts for the Linfield VdIage Senior Living Community Pna'ect,September 23,2016. PAGE 42 AND 98(SECTION 3.4, BIOLOGICAL RESOURCES AND SECTION 4.2 INVENTORY OF MITIGATION MEASURES—BIOLIGICAL RESOURCES) MITIGATION MEASURE BI0-4 Prior to issuance of a grading permit, the Project Applicant shall gain approval of a Clean Water Act Section 404 permit from the Army Corps of Engineers,a Clean Water Act Section 401 Water Quality Certification from the San Diego Regional Quality Control Board, and a Section 1602 Streambed Alteration Agreement from the California Department of Fish and Wildlife for Project impacts to 0.4 0.02 acre of USACOE/RWQCB jurisdictional waters and 0.19 acre of impacts to CDFW associated riparian habitat resulting with expansion of Rancho Vista Road. PAGE 43(SECTION 3.4, BIOLOGICAL RESOURCES) FIRST PARAGRAPH "Additionally,drainage features and associated vegetation would be considered riparian/riverine habitat under Section 6.1.2 of the Western Riverside County MSHCP.As a result,any alteration or loss of these areas would require the preparation of a DBESP analysis under the MSHCP. Based on current Project plans,850.02 acre of Army Corps/Regional Board wetlands and 0.19-acre southern riparian woodland subject to CDFW jurisdiction will be affected by site development. PAGE 64(SECTION 3.9, HYDROLOGY AND WATER QUALITY) The City of Temecula General Plan Land Use designation for the proposed Project is PDO-7 (Linfield Christian School).The City's use regulations within the PDO-7 zone allows for a senior housing use.The Project proposes a 498-848493,044 square foot senior living facility that contains a total of 345-317 dwelling units.The project is proposing 345 317 dwelling units,which is well below water demands projected in the General Plan and RCWD's UWMP.Thus, based upon the RCWD's UWMP projections, there is adequate water supplies to serve the Project and no impacts to the depletion of groundwater supplies will occur. May,2017 7 Errata City of Temecula :}'' Linfield Village Senior Housing PAGE 79(SECTION 3.13, POPULATION AND HOUSING) Population growth can be induced either directly(i.e.,through the provision of new homes or businesses)or indirectly(i.e.,through roadway extensions or other infrastructure improvements).The residential uses proposed under the Project would directly induce population growth.The Project proposes 344 317 senior housing units.The average household size for age restricted housing is 2.15. Therefore,the Project would induce population by§W--�L 681 people(345 317 multiplied by 2.15). Additionally,the Project would create approximately 100 full time jobs and 30 part times jobs. PAGE 82 (SECTION 3.14, PUBLIC SERVICES) As described under Section 2.4, Project Characteristics outdoor components for the proposed Project would include approximately 8.2 acres of landscaped/open space areas. In addition, other outdoor components would include a nine-hole golf putting course and walking paths.The City of Temecula has a parkland standard of five acres of City-owned parkland per 1,000 residents. Implementation of the proposed Project would construct 344 317 senior/assisted living units. As such, the outdoor facilities provided Project is anticipated to satisfy the parkland needs generated under the Project. Impacts are considered to be less than significant. PAGE 82(SECTION 3.14, PUBLIC SERVICES) Implementation of the proposed Project would involve the construction of up to 34-5 317 age- senior/assisted living units,and would slightly increase citywide demands for library services. Funding for County library services is provided through a 1.15% ad valorem property tax dedicated to the library. Following Project implementation,these funds would be distributed to the library district to upgrade and expand existing facilities as necessary.Payment of these fees would reduce the Project's potential impacts to library services to a less than significant level. May,2017 8 Errata City of Temecula 4 Generations Senior Housing 4 i Name Exhibit 3: Revised Site Plan August 2016 Initial Study/Mitigated Negative Declaration K 41; SPACE m &P*A W. 6LDGAZ 31 —ZV. I � —SC TEM. 4 z w -jo > Lu ZV) Lu> LL_ Z –w -jo Z W (n A1.1 LINFIELD VILLAGE SENIOR HOUSING DEVELOPMENT PROJECT IS/MND Revised Site Plan Exhibit 3 City of Temecula + Generations Senior Housing " Appendix F: Due Dilligence Assessment for the Generations Temecula Project August 2016 Initial5tudy/Mitigated Negative Declaration Memorandum HELIX Environmental Planning,Inc. 7578 El Cajon Boulevard La Mesa,CA 91942 BethE @helixepi.com HELIX 619.462.1515 tee 619.462.0552 fax Environmental Planning www.helixeai.com Date: September 23, 2016 To: Aaron D. Walker, Generations Construction, LLC Cc: From: Karl Osmundson and Beth Ehsan, HELIX Environmental Planning, Inc. Subject: Jurisdictional Impacts for the Linfield Village Senior Living Community Project HELIX Proj. No.: GET-01 Message: This memo summarizes the jurisdictional wetlands and waters found on the Linfield Village Senior Living Community Project site and the impacts anticipated from road improvements required along Rancho Vista Road. HELIX conducted a preliminary jurisdictional delineation to assess and estimate the extent of waters and wetlands potentially subject to regulatory agency jurisdiction (Figures 1 and 2). HELIX biologist Larry Sward conducted a preliminary jurisdictional delineation of the entire project site on May 11, 2015 and a formal jurisdictional delineation on June 16, 2015. The June 16, 2015 formal delineation included evaluation of four sampling points. Based on the jurisdictional delineation, the unnamed drainage features on the site likely fall under the regulatory jurisdiction of the U.S.Army Corps of Engineers (USACE) pursuant to Clean Water Act(CWA) Section 404; the Regional Water Quality Control Board (RWQCB) pursuant to CWA Section 401; and/or the California Department of Fish and Wildlife (CDFW) pursuant to California Fish and Game Code (CFG Code) Sections 1600 et seq. Potential wetland waters of the U.S./State subject to USACE/RWQCB jurisdiction were estimated to total 0.21 acre (989 linear feet, Table 1, Figure 1). Potential jurisdictional streambed and riparian habitat subject to CDFW jurisdiction were estimated to total 1.29 acres, comprised of 0.12 acre mule fat scrub, 0.47 acre southern willow scrub, and 0.70 acre southern riparian woodland (Table 1, Figure 2). These areas would also qualify as Riparian/Riverine Areas under Section 6.1.2 of the Western Riverside Multiple Species Habitat Conservation Plan (MSHCP). Page 1 of 2 Memorandum (cont.) HELIX Environmental Planning,Inc. 7578 El Cajon Boulevard La Mesa,CA 91942 619.462.1515 tai HELIX 619.462.0552 fax www.helixepi.com Environmental Planning Proposed road improvements along Rancho Vista Road would impact 0.02 acre and 94 linear feet of wetland waters of the U.S./State subject to USACE/RWQCB jurisdiction, and 0.19 acre of CDFW jurisdictional southern riparian woodland, which also serves as MSHCP Section 6.1.2 Riparian/Riverine Area (Table 1, Figures 3 and 4). Table 1 JURISDICTIONAL WATERS AND WETLANDS LINFIELD VILLAGE SENIOR LIVING COMMUNITY JURISDICTIONAL EXISTING IMPACTS RESOURCES Acres' Linear Feet Acres' Linear Feet USACE/RWQCB Jurisdiction Wetland Waters of the U.S./State 1 0.21 624 0.02 94 TOTAL 1 0.21 624 0.02 94 CDFW Jurisdiction&RIPARIAN/RIVERINE AREAS Southern riparian woodland 3 0.70 -- 0.19 -- Southern willow scrub 0.47 -- -- Mule fat scrub 0.12 - -- -- TOTAL 1.29 — 0.19 — Acreages are rounded to the nearest 0.01;therefore,totals reflect rounding. 2Includes 0.001 acre located outside of the project boundary but within the impact footprint. 3Includes 0.07 acre located outside of the project boundary but within the impact footprint. We appreciate the opportunity to provide you with this technical memo. Please do not hesitate to contact Beth Ehsan or me at(619)462-1515 if you have any questions or require additional information. Sincerely, Karl L. Osmundson Biology Group Manager Enclosures: Figure 1 Potential Waters of the U.S./State Figure 2 Potential CDFW Jurisdiction Figure 3 Potential Waters of the U.S./State and Impacts Figure 4 Potential CDFW Jurisdiction and Impacts Page 2 of 2 Potential Waters of the U.S./State LINFIELD VILLAGE SENIOR LIVING COMMUNITY HELIX Figure 1 Potential CDFW Jurisdiction LINFIELD VILLAGE SENIOR LIVING COMMUNITY HELIX Q oF , Figure 2 ^i Project Boundary Impact Area Potential Wetland Waters of the U.SdStats 1 i _s ro J A4* .'� E ` k "MrtwK d 71u2... t HELIX Q of F-r—.mei asnnma t� •'�'�.-j�Y� as ._ _..._. _ Y' x+r !. i Potential Waters of the U.S./State and Impacts LINFIELD VILLAGE SENIOR LIVING COMMUNITY Figure 3 Potential CDFW Jurisdiction and Impacts LINFIELD VILLAGE SENIOR LIVING COMMUNITY Q° HEM °� oF�� Figure 4 HELIX Environmental Planning,Inc. 7578 El Cajon Boulevard Suite 200 La Mesa,CA 91942 HELIX 619.462.1515 tee 619.462.0552 w Environmental Planning www.helixepi.com March 2, 2016 GET-01 Mr.Aaroo Walker Generations Construction LLC 8601 SE Causey Avenue Portland,OR 97086 RE: Due Diligence Assessment for the Generations Temecula Project, City of Temecula, County of Riverside, California. Dear Mr. Walker: HELIX Environmental Planning, Inc. (HELIX) conducted a biological resources due diligence assessment of the Generations Temecula property or project site located in the City of Temecula (City), Riverside County, California. This assessment is based on review of the documents provided and site visits conducted by HELIX biologists Lary Sward in May 2015 and Rob Hogenauer in June and July 2015. The property is being considered for a senior resort living, col17irI««ity pool, and future development areas. PROJECT LOCATION The approximately 93.7-acre property is generally located in the City of Temecula, Riverside County, California (Figure 1). It is depicted in an unsectioned area of Township 8 South, Range 2 West as shown on the U.S. Geological Survey (USGS) 7.5-minute Bachelor Mountain and Pechanga quadrangle maps (Figure 2). More specifically, the property is situated immediately south of Rancho Vista Road,north of Pauba Road, east of Margarita Road and west of Meadows Parkway (Figure 3). The property is bordered to the north by Rancho Vista Road and residential development, to the south by Pauba Avenue and residential development, to the east by rural residential development, and to the west by Temecula Valley High School. The property occurs in the Southwest Area Plan of the Western Riverside Multiple Species Habitat Conservation Plan (MSHCP). The property is not within or adjacent to a criteria cell or cell group and is not targeted for conservation under the MSHCP. Letter to Mr. Aaron Walker Page 2 of 7 March 2, 2016 EXISTING CONDITIONS SUMMARY The property consists of a mix of developed and undeveloped land. The southeast portion of the property is characterized by development, including the existing Linfield Christian School, with the north and west portions characterized by disturbed, undeveloped grasslands and sparse patches of trees and shrubs(Figure 4). Topography,Soils and Hydrology The property consists of gently rolling topography with an average elevation around 1,200 feet above mean sea level(amsl). The soils mapped on the property are Arlington and Greenfield fine sandy loams, Ramona and Buren loains, Tujunga loamy sand, Greenfield sandy loam, rough broken land and riverwash (USDA 2015). The soils in the developed area are no longer in their native state. The property is located in the Long Canyon-Murrieta Creek hydrologic unit of the Santa Margarita Watershed. Several unnamed drainage Features traverse portions of the property that appear to be tributary to Murrieta Creek much further downstream. There are also two isolated, ephemeral basins located in the northwestern portion, adjacent to Temecula Valley High School.These basins support characteristics of a vernal pool. Vegetation Vegetation within the undeveloped portions of the property consists primarily of non-native grassland and disturbed Riversidean sage scrub, with patches of eucalyptus trees scattered throughout (Figure 4). Vegetation associated with the unnamed drainage features include a mix between non-native grassland and stands of native riparian habitat, including mule fat scrub, southern willow scrub, southern riparian woodland, and southern riparian forest. Vegetation within the ephemeral basin included a mix of native and non-native herbaceous plant species, including vernal pool indicator species. BIOLOGICAL RESOURCES CONSTRAINTS &RECOMMENDATIONS Sensitive Plant and Animal Species The undeveloped portion of the property has potential to support several sensitive species, all of which are covered under the MSHCP and addressed in more detail further below. Tl;e only sensitive species detected on the property based on survey information to date is the federal and state listed endangered least Bell's vireo (Vireo bellii pusillus•, LBV),which is a covered species under the MSHCP. LBV was observed using portions of the southern willow scrub riparian habitat during a HELIX survey. Recommendations: Because the sensitive species with potential to occur are covered under the MSHCP, recommendations are provided further below under MSHCP issues. HELIX Environmental Planning Letter to Mr. Aaron Walker Page 3 of 7 March 2, 2016 Jurisdictional Waters and Wetlands HELIX conducted a preliminary jurisdictional delineation to assess and estimate the extent of waters and wetlands potentially subject to regulatory agency jurisdiction(Figures 6 and 7). Based on the jurisdictional delineation, the unnamed drainage features and ephemeral basins on the site likely fall under the regulatory jurisdiction of the U.S. Army Corps of Engineers (USAGE) pursuant to Clean Water Act (CWA) Section 404: the Regional Water Quality Control Board (RWQCB) pursuant to CWA Section 401, and/or the Cali fomia Department of Fish and Wildlife (CDFW)pursuant to California Fish and Game Code(CFG Code) Sections 1600 et seq. Potential jurisdictional streambed and riparian habitat subject to CDFW jurisdiction «•ere estimated to total 4.59 acres, comprised of 0.16 acre mule fat scrub, 0.61 acre southern willow scrub, 0.76 acre southern riparian woodland, 3.02 acres southern riparian forest, and 0.04 acre unvegetated streambed (Figure 6). CDFW may also consider the patches of eucalyptus woodland that occur within or adjacent to the southern riparian forest to be jurisdictional as a disturbed portion of the southern riparian forest or non-native riparian habitat. Potential waters of the U.S./State subject to USACE/RWQCB jurisdiction were estimated to total. 0.31 acre, comprised of 0.27 acre of wetlands and 0.04 acre of non-wetlands (Figure 7). The RWQCB may also assert jurisdiction over the 0.02 acre of ephemeral basins or vernal pools as isolated waters of the State. Recommendations: Potential jurisdictional waters and wetlands on the property should be avoided, if possible, to eliminate the need for permitting and mitigation.. Every effort should be made by your engineering and environmental consultants to consider design alternatives that avoid or minimize impacts. If impacts are unavoidable, permits would be required from the USAGE, RWQCB, and/or CDFW. Due to the location of the property within the Santa Margarita watershed and depending on the project impacts, request for CWA Section 404 Standard Individual Permit 3011101-i,ratio« could be required from the Los Angeles District USACE as opposed to a Nationwide Permit.Request for CWA Section 401 Water Quality Certification would be required from the San Diego RWQCB. Notification of Lake or Streambed Alteration would be required to Inland Deserts CDFW. The permit process can take up to a year or more depending upon the impacts, mitigation, and agency priorities. Starting the process as early as possible is recommended. Compensatory mitigation, including preparation of a mitigation plan, will be required for unavoidable impacts to jurisdictional waters and wetlands. A mitigation ratio of 1:1 is typically required for impacts to unvegetated streambed and a ratio of 3:1 is typically required for impacts to riparian HELIX Environmental Planning Letter to Mr. Aaron Walker Page 4 of 7 March 2, 2016 habitat and wetlands. Mitigation can be achieved on- or offsite through preservation, establisiunent/re-establislunent, rehabilitation,or enhancement actions. Payment into mitigation banks and in-lieu fee programs can be cost-effective offsite mitigation options. As of the date of this letter, there are no in-lieu fee programs available and the only mitigation bank available to the project is the San Luis Rey Mitigation Bank, which sells mitigation credits around$600,000/acre. Nesting Birds Several bird species were observed on the property including but not limited to Anna's hummingbird (Calypte anna), house finch (C'aipodacus nrexicanus), and song sparrow (Melospiza meladia). These species have potential to nest on the project site and although these species are not listed species, nesting birds are protected under the Migratory Bird Treaty Act (MBTA)and the California Fish and Game Code(CFG Code). Recommendations: Removal of suitable habitat for nesting birds should be performed outside of the nesting season, which generally occurs February through August, if this is not possible, preconstruction surveys should be performed to demonstrate no active bird nests occur within the impact areas_ MULTIPLE SPECIES HABITAT CONSERVATION PLAN ISSUES As noted above, the property is in the Southwest Area Plan of the MSHCP, but is not within a criteria cell or cell group and is not targeted for conservation under the MSHCP (Figure 5). The property is not within a Narrow Endemic Plant Species Survey Area (NEPSSA) or a Criteria Area Species Survey Area (CASSA). Despite the property not being targeted for conservation, there are certain studies that need to be performed to demonstrate project consistency with the MSHCP, some of which have already been completed by HELIX. These are explained below and include those studies related to Burrowing Owl and Riparian/Riverine Areas and Vernal Pools. Burrowing Owl The MSHCP requires that a burrowing owl habitat assessment be completed for the property. [f suitable burrowing owl habitat occurs,protocol surveys are required to confirm presence/absence of the species. HELIX completed burrowing owl habitat assessment and protocol SUFN'eys on the property in 2015. Although suitable burrowing owl habitat was confirmed to be present on the property, no burrowing owl individuals or burrowing owl sign was observed during protocol surveys. HELIX Environmental Planning Letter to Mr. Aaron Walker Page 5 of 7 March 2, 2016 Burrowing owl is currently presumed to be absent from the property, although suitable habitat for the species remains. Recommendations: Due to the presence of suitable burrowing owl habitat, the MSHCP requires a preconstruction survey be completed within 30 days prior to ground disturbance. Riparian/Riverine Areas and Vernal Pools The MSHCP requires an assessment and delineation of Riparian/Riverine Areas and Vernal Pools be completed for the property. if these resources are confirmed on the property and impacts are unavoidable, preparation of a Determination of Biologically Equivalent or Superior Preservation (DBESP) analysis report is required to quantify inipacts and propose mitigation measures to offset the impacts. HELIX completed an assessment and delineation of Riparian/Riverine Areas and Vernal Pools on the property. Several Riparian/Riverine Areas and Vernal Pools were identified on the property(Figure 6). The Riparian/Riverine Areas include the unvegetated streambed and stands of native riparian habitat on the property, including mule fat scrub, southern willow scrub, southern riparian woodland, and southern riparian forest. In addition, as mentioned above for sensitive plant and animal species, an LBV was detected in riparian habitat associated with the westernmost drainage feature during HELIX surveys. LBV is a species associated with Riparian/Riverine Areas and additional protocol surveys are required if unavoidable impacts would occur to suitable riparian habitat for the species. If the protocol surveys determine that the species is using the habitat on the property for breeding/nesting, then avoidance and mitigation measures are required under the MSHCP. The Vernal Pools include the two ephemeral basins in the western portion of the property where vernal pool indicator plant species were observed. The vernal pool is approximately 0.02 acre and has an estimated 0.36 acre watershed around it (Figure 6). Several sensitive species are associated with Vernal Pools. Since the property is not located within a Narrow Endemic Plant Species Survey Area (NEPSSA) or Criteria Area Species Survey Area (CASSA), no additional surveys for sensitive plant species associated with Vernal Pools are necessary. However, there are sensitive fairy shrimp species that have the potential to occur in the Vernal Pools on the property. Additional protocol surveys for fairy shrimp are required if unavoidable impacts would occur to suitable vernal pool habitat for the species. If the protocol surveys determine that the species is present,then avoidance and mitigation measures are required under the MSHCP. Recommendations: As with potential jurisdictional waters and wetlands, Riparian/Riverine Areas and Vernal Pools on the property should be avoided, if possible, to eliminate the need for permitting and mitigation. Every effort should be made by your engineering and environmental consultants to consider design alternatives that avoid or minimize impacts. HELIXPl Planning Letter to Mr. Aaron Walker Page 6 of 7 March 2, 2016 If impacts are unavoidable, additional studies will be required to demonstrate project consistency with the MSHCP. Additional surveys will be required for species associated with Riparian/Riverine Areas and Vernal Pools, including fairy shrimp and LBV. Surveys for Fairy shrimp and LBV are required to be performed during the appropriate times of year. For fairy shrimp, the MSHCP requires either a wet season (October to May) or dry season(June to September) survey, although completion of both surveys or two consecutive wet season surveys may ultimately be required by the U.S_ Fish and Wildlife Service (USFWS). For LBV, the MSHCP requires eight surveys between April and July. If fairy shrimp or LBV are present within areas to be impacted, avoidance and mitigation measures would be required, including timing restrictions on construction, setback requirements from occupied habitat, and compensatory mitigation for loss of habitat. If impacts are unavoidable, preparation and implementation of a DBESP will be required. The DBESP serves as analysis and documentation of the project's mitigation to offset impacts to Riparian/Riverine Areas and Vernal Pools (and associated species). Mitigation for impacts to jurisdictional waters and wetlands is typically sufficient for Riparian/Riverine Areas and Vernal Pools. MSHCP Development Fee The MSHCP requires that a development fee be paid for projects occurring within the boundaries of the plan. Recommendations: Development of the property would require payment of the MSHCP development fee is that is currently set at $1,938 per acre for residential development. SKR Development Fee The Riverside County Habitat Conservation Agency (RCHCA) and Stephens' Kangaroo Rat Habitat Conservation Plan (SKR HCP) requires that a development fee be paid for projects occurring within the boundaries of the plan. Recommendations: Development of the property would be required to pay the SKR development fee of$500 per acre. HELIX Environmental Planning Letter to Mr. Aaron Walker Page 7 of 7 March 2, 2016 CLOSING As identified above, there are biological constraints to development of die property, however, these constraints are surmountable upon completion of additional studies, and if required, permitting and implementation of avoidance and mitigation measures. Recommendations are provided above for each biological constraint identified. We appreciate the opportunity to provide you with this report. Should you have any questions or require additional information, please do not hesitate to contact Rob Hogenauer or me at (619) 462-1515. Sincerely, Karl Osmundson Biology Group Manager Enclosures: Figure 1 Regional Location Figure 2 Prqject Vicinity(USGS Topography) Figure 3 Project Vicinity(Aerial Photograph) Figure 4 Vegetation Communities Figure 5 MSHCP Criteria Cells Fig-tire 6 Potential CDFW lurisdiction/Riparian/Riverine Areas and Vernal Pools Figure 7 Potential Waters of the U.S./State HELIXEnvironmental Planning Regional Location A TENTATIVE PARCEL MAP 36098 HELI I Miles Figure I Eawrrnmenlal©Izmf.— SAN BERNARDINO CMNTV RIVERSIDE COUNTY Rlvsrsldo Desert Hot Springs Banning C Norco Moreno Valley Lake Perris Beaumont \ Corona take tMarkrwe - ' \ Palm Springs Perris 1 San Jacinto o = I Hemet ` rt '-.., Lake Elsinore L Coachella - .ke Vailey Lake Hemet\. 4 - FJslnuIV / Lake% {4" it CaNulfla ' gab c� F Munleta ° Tomecuis s RV it Lake RIVERSIDE COUNTY u SAN DIEGO COUNTY 4 4 1>0 Regional Location A TENTATIVE PARCEL MAP 36098 HELI I Miles Figure I Eawrrnmenlal©Izmf.— �� ;+, °�. ;.ate;�. *`,'�` � �t`- •� --i4 MPVWASIW� Project Location ~ t � ,; z to � F,����"� � ijrT*� f �1� .�-' .4, `a �."•, Av { •�oG ` �gyp; .�� .'�� "�, 7�GQ 0 It jt'7 �7 yNAS .� q oEyi ♦ . : } 4y Y.v Project Location �r CQR7E # ss t n tt dt�• ..s° GDS. MALLORCA"*�/' r. q rj `y �. ..�����y•� • _ x mom" ' 0 AL� � Q ,? .: dot Mr- , _ f 4•, �0 +� �1 ;l�T�o •r0 ' ►`re �+ QP r 4�p dal{ .' y�MMM""vvv^^''TTSS+ r i -� t �..•• 'fl' 2 V ..�1 � 4 r 6�`^,\ G[' ✓gip ' l�;■4 {1 "CALA�ARR►15 �°CW� G P� t�ib'r ' t+T A`�• � a'. C�i. .y'� i", .. r. fir, fc- 1 11 r Vegetation [[�� TENTATIVE PARCEL MAP 36098 HELIX (:J oF�r Figure i 9Wr__� Y If 11, Y �`i ���• ��r; ,.4 i � r-l'. i �.s jp7 r• _�,AT "f'_ _ - � �`r y t �ti�FQ w� .�.y,, {S»1 Ij;.tS`y,�„i�s. •.'`� Si tt �1, `'i. fib Wt MIA pry• FI *rf y ;�q f ` .. �. r�s4., * �# r ,a` 'w 1 itAa a .+rY r+ }i r u.'4�ui K. r •+! ti; F�'' y• #;' nl yt$' JWS .`'.` �� � aye :.'rid"�i���jTt � ��u es r _ #y ..� a- .�:�"� .•.�+� r J ae s*`•3 R e r�`, ;v - '�.,t .F�.s� �, =tom ]t a .�� •,; a` p h is +�.�! gy¢,[yj ��. ��. �L � T ' >� * .,y=.� e'G.§ � 1 A� �Jf��a� a l {�'�C.l�i.1 � '7s'-�•D fr 5 �,-� .1SgN � �''� �'�'� ►� `���� q".�'t !'I"ni'� -" Rrt�,2� .t'F y ?" »�y�` Sig.. ♦'" n� %�. + M sJ . +fir ,7,357; t !-. • 'r'�9z r r Y�r ������ y��W .k -, 1 1 i Potential CDFW Jurisdiction/Riparian/Riverine Areas and Vernal Pools y � TENTATIVE PARCEL MAP 36098 HE Q( of« Figure 6 Potential Waters of the U.S./State HELIX (:.\� 300 TENTATIVE PARCEL MAP 36098 OFa c,s;,-n�t'az=-•,; Figure 7 City of Temecula Generations Senior Housing f Appendix G: Determination of Biologically Equivalent or Superior Preservation (DBESP) Report August 2016 Initial5tudy/Mitigated Negative Declaration HELIX Environmental Planning Linfield Village senior Housing Development Project Determination of Biologically Equivalent or Superior Preservation Report December 1 , 2016 )S4 Beth Ehsan Biology Project Manager Prepared by: Prepared tor: HELIX Environmental Planning,Inc. Generations Construction LLC 7578 El Cajon Boulevard,Suite 200 8601 SE Causey Avenue La Mesa,CA 91942 Portland,OR 97086 Linfield Village Senior Housing Development Project Determination of Biologically Equivalent or Superior Preservation TABLE OF CONTENTS Section Title Page ESEXECUTIVE SUMMARY........................................................................................1 I. INTRODUCTION......................................................................................................1 II. PROJECT SITE LOCATION AND DESCRIPTION................................................2 III. PROJECT DESCRIPTION.........................................................................................2 IV. METHODS .................................................. ..................................................,...2 A. Habitat Assessment Survey........................................ ....... .........2 B. MSHCP Consistency Analysis..............................................................................3 C. Formal Jurisdictional Delineation.........................................................................3 D. Least Bell's Vireo Surveys .......................................................... E. Pre-application Meeting........................................................................................4 V. EXISTING CONDITIONS.......................................................___..... •--...........4 A. Riparian/Riverine Areas and Vernal Pools...........................................................4 B_ Species Associated with Riparian/Riverine Areas and Vernal Pools ...................5 1. Plants........................ .•---------------------------........ .............................................5 2. Animals........ ...................................................................................................6 VI. IMPACTS.................. --------........---...---•--....................................................8 ................ A. Impacts to Riparian/Riverine Areas and Vernal Pools.........................................8 B. Impacts to Species Associated with Riparian/Riverine Areas and Vernal Pools..8 VII. AVOIDANCE,MINIMIZATION AND MITIGATION...........................................9 A. Avoidance ............................................................................... ......---•--.........9 B. Minimization.......................................................................................................la C. Mitigation............................................................................................................12 VIII. CONCLUSION.........................................................................................................13 IX. CERTIFICATION/QUALIFICATION....................................................................15 X. REFERENCES .......................................................................... ..............................16 i TABLE OF CONTENTS(coat.) LIST OF FIGURES No. Title Follows Page No. 1 Regional L.nratinn................................................................................................................2 2 Project Vicinity(Aerial Photograph)................................................. 3 Project Location(USGS Topography).................................................................................2 4 Site Plan........................... .............................................................................-.....................2 5 Riparian/Riverine Areas.......................................................................................................4 6 Impact and Avoidance Areas............................................................................ ..................8 7 Post-project Condition.......................................................................................................12 LIST OF TABLES No. Title Pace No. 1 Riparian/Riverine Areas.......................................................................................................4 ii EXECUTIVE SUMMARY At the request of Generations Construction, LLC (Applicant), HELIX Environmental Planning, Inc. (HELIX) has prepared this Determination of Biologically Equivalent or Superior Preservation (DBESP) analysis to address consistency of the proposed Linfield Village Senior Housing Development Project (Project) with Section 6.1.2 "Protection of Species Associated with Riparian/Riverine Areas and Vernal Pools" of die Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP). The Project requires a DBESP because unavoidable impacts would occur to Riparian/Riverine Areas. The 15.6-acre Project site is located within the South\vest Area Plan of the MSHCP on one parcel. I-Ile Project site is not located within any Criteria Cell or Group Cell that is targeted for conservation by the MSHCP. The on-site area of disturbance totals 13.75 acres, including 0.19 acre of habitat considered Riparian/Riverine. Southern willow scrub is typically habitat for sensitive riparian birds, but this habitat on site is small, has very little understory and overstory, and does not have primary constituent elements needed to support southwestern willow flycatcher (Empidonax traillii extimus) or western yellow-billed cuckoo ((Wcycars americanus). As such, protocol surveys for those species are not necessary. Protocol surveys completed by HELIX in 2016 for least Bell's vireo (Vireo bellii pusillus)were negative. The Project will avoid and preserve the large majority, 1.10 acres or 85 percent, of the existing Riparian/Riverine Areas on the site. This includes the highest quality riparian habitat on site. Complete avoidance is not possible because the widening of Rancho Vista Road through this area is required by the City of Temecula(City). Mitigation for direct impacts would occur through on-site preservation of 1.10 acres of Riparian/ Riverine Areas within 2.0 acres of open space. The on-site open space will be protected by a recorded conservation easement, installation of fencing and signage, enhancement by five years of invasive plant removal, active management in perpetuity, and a surety bond and financial assurances for CDFW approval. The Project is consistent with Section 6.1.2 because it will provide biologically superior preservation. Permanent impacts to 0.19 acre of Riparian/Riverine Areas will be mitigated through preservation of Riparian/Riverine Areas on site. The Project provides on-site riparian/riverine preservation at a 5.8:1 ratio and thereby meets the deli«ition of a Biologically Equivalent Preservation Alternative. In addition, the Applicant shall purchase re-establishment (creation) credits from the San Luis Rey Mitigation Bank, ensuring no net loss of wetlands. The Project is consistent with Section 6.1.4 because the Project has minimized indirect impacts through the use of Best Management Practices, appropriate access control, and control of exotic species. The project will not introduce drainage, toxics, night lighting, manufactured slopes, or fuel modification zones into any MSHCP Conservation Area. HELIX Determination of Biologically Equivalent or Superior Preservation Report for Linfield Village Senior Housing Development Project/GET-01/ December 1,2016 P Edge effects will be further reduced because the preserved area will be protected from human access by a five-foot wrought iron fence on the edge of the developed area and the sidewalk along Rancho Vista Road. The developed area will be separated from the open space by a graded slope up to 60 feet wide and 20 feet high, with retaining walls providing up to 12 feet of additional vertical separation in some locations. The graded slopes will be planted with native riparian and scrub species. The Project will not result in a loss of function and services to the riparian/riverine resources as a result of the conservation measures and compensatory mitigation incorporated into its design. HELIX EnYkMM W1 Pf WhV Determination of Biologically Equivalent or Superior Preservation Report for Linfield Village Senior Housing Development Project/GET-01/ December 1,2016 E•2 I. INTRODUCTION At the request of Generations Construction, LLC (Applicant), HELIX Environmental Planning, Inc. (HELIX) has prepared this Determination of Biologically Equivalent or Superior Preservation (DBESP) analysis to address consistency of the proposed Linfield Village Senior Housing Development Project (Project) with the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP; Dudek and Associates [Dudek] 2003), and specifically, with MSHCP Section 5.1.2. Consistency with other sections of the MSHCP is addressed in the MSHCP Consistency Report for the Project (Michael Baker International jMBI] 2016). The Project site consists of Assessor Parcel Number 955-020-018. The site occurs within the Southwest Area Plan of the MSHCP and is not located within any Criteria Cell or Group Cell targeted for conservation by the MSHCP. This DBESP analysis provides information necessary for the City of Temecula (City), as the MSHCP Permittee and California Environmental Quality Act (CEQA) lead agency, to find that the Project, with mitigation and conservation measures incorporated, would result in a biologically equivalent or superior MSHCP Conservation Area design and configuration compared to the baseline condition. This DBESP focuses on demonstrating Project consistency and conservation with respect to MSHCP Section 6.1.2 due to unavoidable impacts to Riparian/Riverine Areas. MSHCP Section 6.1.2 states the following: "The purpose of the procedures described in this section is to ensure that the biological functions and values of these areas throughout the MSHCP Plan Area are maintained such that Habitat values for species inside the MSHCP Conservation Area are maintained." The emphasis is on conservation of habitats capable of supporting MSHCP Covered Species, particularly within an identified MSHCP Conservation Area. For projects that propose impacts to RRiparian/Riverine or Vernal Pool resources, a DBESP assessment must be completed to ensure that the proposed alternative provides for"replacement of any lost functions and values of Habitat as it relates to Covered Species." This DBESP analysis provides information necessary for the City to find that the Project meets these objectives. HELIX S7WMMWW Phoning Determination of Biologically Equivalent or Superior Preservation Report for Linfield Village Senior Housing Development Project/GET-01/ December 1,2016 1 II. PROJECT SITE LOCATION AND DESCRIPTION The 15.6-acre Project site is generally located in the City of Temecula, Riverside County, California (Figure 1). More specifically, the property is situated immediately south of Rancho Vista Road, north of Pauba Road, east of Margarita Road, and west of Meadows Parkway (Figure 2). It is depicted in an unsectioned area of Township 8 South, Range 2 West as shown on the U.S. Geological Survey (USGS) 7.5 minute Bachelor Mountain quadrangle map (Figure 3). The property is bordered to the north by Rancho Vista Road and residential development, to the south by Linfield Christian School, to the east by rural residential development, and to the west by Temecula Valley High School. In addition,the Project site is within the Santa Margarita Hydrologic Area (902), Murrieta Hydrologic Area (902.3), and Murrieta Hydrologic Subarea (902.32). The Project site is dominated by non-native grassland. Other upland habitats on site include buckwheat scrub, disturbed land, and developed land (MBI 2016). Surface elevations range from approximately 1,190 to 1,255 feet above mean sea level with no significant areas of topographic relief. The project site gently slopes to the southwest. Based on the U.S. Department of Agriculture (USDA) Soil Survey (USDA 1971), the project site is underlain by Arlington and Greenfield fine sandy loam, 8 to 15 percent, eroded (AtD2) and Ramona and Buren loams, 5 to 25 percent, severely eroded(RnE3). III. PROJECT DESCRIPTION The Project proposes the construction and operation of an approximately 490,048-square foot (SF) independent living, assisted living, and memory care community. The Project would include 2033 independent living units, 72 assisted living units, and 42 memory care units for a total of 317 dwelling units. The Project includes three buildings and outdoor components including approximately 6.5 acres of open space/landscape areas, approximately 2.4 acres of parking area, and approximately 3.8 acres of building area(Figure 4). Other outdoor components include an 18- hole putting green,water retention basins, raised planters and gardens, patio dining, a gazebo and roollop garden, fountains, a pond, internal vehicular roadways,and walking paths. IV. METHODS A. HABITAT ASSESSMENT SURVEY An initial general biological survey and preliminary jurisdictional delineation was completed by HELIX within the Project site on May 11, 2015, which included preliminary mapping of vegetation communities and aquatic resources (e.g., drainage features, riparian habitat, wetlands). This survey effort served as the Riparian/Riverine Areas and Vernal Pools habitat assessment for the Project. HELIX Determination of Biologically Equivalent or Superior Preservation Report for Linfield Village Senior Housing Development Project/GET-01/ December 1,2016 2 Regional Location LINFIELD VILLAGE SENIOR HOUSING DEVELOPMENT PROJECT HELIX A=I l� +iies Figure 1 Environmental Planning r Awe rfr SAN BERNARDINO COUNTY Riverside r +, \\ RIVERSIDE COUNTY Desert Hot Springs Banning _ Norco Moreno Valley Like Perm ~ Corona Lake 1 ,4f[Irh[YY,r Palm Springs 4 pards�'I � San Jacinto ` r" Wamet ; Pa rt Lake Elsinore #D*k.W Coachella — i,,T�}}i���,,--y,, YaNayLe� ta �$ alr�la� IQACL Go,O CahaHra fff :--'-Luke Sunw y Temecula - Avalriake � RIVERSIDE COUNTY SAN DIEGO COUNTY Regional Location LINFIELD VILLAGE SENIOR HOUSING DEVELOPMENT PROJECT HELIX A=I l� +iies Figure 1 Environmental Planning rr� d yC7t�r t�`21�►' sl W. 1r +VCJl1Sr1?fi `� �N�4" � '�' 1r r ._ .+ �4�7C Uf y��- .,.. '�•t�`r �� svtiro f r" �► •. r- ON fq hM: 5 ti�E" C nra fE'P?f�1'�tj • A A 1�T ry a • r Project Location Or 3 n � 01 Iwo INL 1 . . 1 . • A ' " h►� r r a r IVA- a - ' 1 1� S ,a. a `y` �'" _ .S'' •I a ,may g .� •.r �c } I I - h • Source:USGS 7.5'4uadrangles;Mun9eta,Bachelor N1tn_,Terttecuia&F'schanga -eopyright; Geographic Societyyi-cui:ed Project Location (USGS Topography) LINFIELD VILLAGE SENIOR HOUSING DEVELOPMENT PROJECT o z000 Feet Figure 3 HELIX Environmental Ala mhV 41b ol ny ! J fee CL .4 ✓ R r•: w C�.'�,,c� -tom � } �• ri. � f , -►+lit. r l 1U"" If '°� i-V ■ 4 emu M, .ssr it A 1 11 Riparian/Riverine Areas are defined in MSHCP Section 6.1.2 as: • Riparian/riverine areas are lands that contain habitat dominated by trees, shrubs, persistent emergents, or emergent mosses and lichens, which occur close to or depend upon soil moisture from a nearby freshwater source, or areas with freshwater flow during all or a portion of the year. Vernal Pools are defined in MSHCP Section 6.1.2 as: ■ Vernal pools are seasonal wetlands that occur in depression areas that have wetland indicators of all three parameters (soils, vegetation, and hydrology) during the wetter portioli of the growing season but normally lack wetland indicators of hydrology and/or vegetation during the drier portion of the growing season. Obligate hydrophytes and facultative wetlands plant species are normally dominant during the wetter portion of the growing season, while upland species (annuals) may be dominant during the drier portion of the growing season. The determination that an area exhibits vernal pool characteristics and the definition of the watershed supporting venial pool hydrology must be made on a case-by-case basis. Such determinations should consider the length of time the area exhibits upland and wetland characteristics and the manner in which the area fits into the overall ecolo��ical system as a wetland. Evidence concerning the persistence of an area's wetness can be obtained from its history, vegetation, soils, and drainage characteristics, uses to which it has been subjected, and weather and hydrologic records. The habitat assessment confirmed the presence of Riparian/Riverine Areas within portions of the Project site. Vernal Pools were confirmed to be absent from the site. B. MSHCP CONSISTENCY ANALYSIS MBI prepared the MSHCP consistency analysis for the Project (MBI 2016). MBI conducted a general biological survey on May 17, 2016, including vegetation mapping and recording all plant and wildlife species observed. Prior to conducting the Field visit, a literature review and records search was conducted for special-status biological resources potentially occurring on or within the vicinity of the project site. C. FORMAL JURISDICTIONAL DELINEATION HELIX completed a formal jurisdictional delineation on June 16, 2015, which entailed formal mapping, delineation, and classification of agUanc resources within the Project site (HELIX 2016a). This survey effort served as the formal mapping of existing Riparian/Riverine Areas on the Project site. D. LEAST BELL'S VIREO SURVEYS Marginal habitat for least Bell's vireo was also confirmed to be present within the Riparian/Riverine Areas during the habitat assessment survey. HELIX completed a protocol least HELIX EovNOnmenfal Pfa"Okm Determination of Biologically Equivalent or Superior Preservation Report for Linfreld Village Senior Housing Development Project/GET-01/ December 1,2016 3 Bell's vireo survey consisting of eight site visits performed from May 12, 2016 through July 28, 2016. The survey covered potential least Bell's vireo habitat located on and within 500 feet of the site. Habitat types targeted for the survey effort included mule fat scrub, southern willow scrub, southern riparian woodland, and southern riparian forest. The survey was negative. E. PRE-APPLICATION MEETING HELIX attended the Santa Margarita Watershed Pre-Application Meeting on Novelliber 9,2016. Also in attendance were Scott Cooper, City of Temecula Planning; Laurie Correa, Western Riverside County Regional Conservation Authority (RCA); Jim Thiede, U.S. Fish and Wildlife Service (USFWS); Peggy Bartels, U.S. Army Corps of Engineers (USACE); Darren Bradford (phone in), Regional Water Quality Control Board (RWQCB); Heather Pert, California Department of Fish and Wildlife (CDFW); and Joanna Gibson (phone in), CDFW. During the meeting, the RCA and the Wildlife Agencies agreed that the on-site Riparian/Riverine Areas that are avoided by the Project can be used as mitigation for DBESP purposes, if the Applicant provides enhancement and long-terni management. V. EXISTING CONDITIONS A. RIPARIAN/RIVERINE AREAS AND VERNAL POOLS Habitats on the site were mapped as southern willow scrub, non-native grassland, buckwheat scrub, disturbed land, and developed land (MBI 2016). Riparian/Riverine Areas on site were further classified by HELIX(2016a)into southern willow scrub,southern riparian woodland,and mule fat scrub (Figure 5; Table I)_ No Vernal Pools are present within the Project site and no Vernal Pool-associated species are expected to occur. Table 1 RIPARIAN/RIVERINE AREAS HABITAT TYPE ACREAGE Southern riparian woodland 0.70 Southern willow scrub 0.47 Mule fat scrub 0.12 TOTALI 1.29 As depicted on Figure 5 and summarized above within Table 1, the existing Riparian/Riverine Areas within the Project site occur as southern riparian woodland (0.7 acre), southern willow scrub (0.47 acre), and mule fat scrub (0.12 acre) associated with a north-south trending, Y-shaped,unnamed drainage feature in the western portion of the Project site. The drainage feature enters the site from two separate 24-inch culverts on the south side of Rancho Vista Road. These two culvert outfalls serve as the northernmost and upstream "tips" of HELIX A"06 p Determination of Biologically Equivalent or Superior Preservation Report for Linfield Village Senior Housing Development Project/GET-01/ December 1,2016 4 � W n IX LL CL Lu r' 'yam• i y �: •CL) O uj w If { fi �. Y t. r�'T W f -�4 Ll , LL 2 a.� S •t � ati y'�' M�]. i the Y-shaped drainage. Flows continue within the two separate "arms" of the Y-shaped drainage for roughly 250 feet until they converge into one continuous streambed, which continues to flow south for approximately 300 feet, before eventually exiting the southern boundary of the Project site. The drainage feature is eventually tributary to Murrieta Creek, which is tributary to the Santa Margarita River, which outfalls into the Pacific Ocean. B. SPECIES ASSOCIATED WITH RIPARIAN/RIVERINE AREAS AND VERNAL POOLS The definition of Riparian/Riverine Areas is based on potential for the habitat to support associated species,which are identified in MSHCP Section 6.1.2 and described below. 1. Plants General botanical surveys were conducted on site during MBI's vegetation snapping and HELIX's jurisdictional delineation, and no sensitive plant species were observed. Narrow Endemic Plant Species Survey Area and Criteria Area Species Survey Area surveys are not required for the site. Twenty-Four plant species are identified as potentially occurring in Riparian/Riverine Areas and Vernal Pools. Shrub and tree species such as California black walnut (Juglans californica var. cal(arnica), Engelmann oak (Quemus engelmannii), Coulter's rnatilija poppy (Rornneva coul[eri), and San Miguel savory (Satureja chandlers) would have been readily identifiable during project surveys but were not found on site. Several species, including spreading navarretia (Navarretia fossalis), California Orcutt grass (Orcuttia californica), prostrate navarretia (Nauarrettia prostrate), San Diego button-celery(Eryngium aristulatum var.parishii), thread-leaved brodiaea (Brodiaea filifolia), Fish's milkwort (Polygala cornuta var. frshiae), lemon lily (Lilium pat•tyi), Mojave tarplant (Deinandra mohavensis), Parish's meadowfoam (Limnathes gracilis var. parishii), and slender-horned spineflower (Dodecahema leptoceras) have distributions well outside of the study area. The remaining species have a distribution that includes the Project area or occur in habitats found on site and are discussed in greater detail below. The ocellated Humboldt lily (L. humholdtis ssp. ocellatum) occurs in openings within chaparral, cismontane woodland, coastal scrub, lower montane coniferous forest, and riparian woodland. It is found at elevations ranging from 98 to 5,906 feet. It was determined to have low potential to occur on site based on marginal habitat on the west side of the site(MBI 2016). The Santa Ana River woolly-star (Eriastrum densifolium spp. sanctorum) is found along the Santa Ana River in two locations and is restricted to open washes and early-successional alluvial fan scrub on open slopes above main watercourses, such as the Santa Ana River, on fluvial deposits where flooding and scouring occur at a frequency that allows the persistence of open shrublands. No appropriate habitat occurs on site for the Santa Ana River woolly-star. Suitable habitat for Brand's phacelia (Phacelia stellaris) includes coastal dunes and/or coastal scrub in sandy openings, sandy benches, dunes, sandy washes, or flood plains of rivers at HELIX Envkwmentsl PWOU Determination of Biologically Equivalent or Superior Preservation Report for Unfield Village Senior Housing Development Project/GET-01/ December 1,2016 6 elevations between 0 and 1,200 feet. Brand's phacelia is known from two locations on sandy terraces along the Santa Ana River (at Fairmont Park and along a horse trail in the Santa Ana Wilderness Area along the Santa Ana River). Suitable habitat for this species does not occur on site. Graceful tarplant (Holocarpha virgata ssp. elongata) occurs in chaparral, cismontane woodland, coastal sage scrub, and valley and foothill grasslands below 1,900 feet (California Native Plant Society[CNPS] 2013). Suitable habitat for this species does not occur on site. Mud nama (Hama stenocarpum) is restricted to muddy embankments of marshes and swamps and within lake margins and riverbanks (CNPS 2013). Three populations are known from Riverside County,with two occurring along the San Jacinto River(Dudek 2003). No appropriate habitat occurs on site. Orcult's brodiaea (Brodiaea orcuttii) occurs in clay soils in mesic native and non-native grasslands that often include Vernal Pools as well as moist meadows and along stream courses at higher elevations (Reiser 2001; CNPS 2013). The core population in Riverside County is the Santa Rosa Plateau (Dudek 2003). No clay soils are present on site. San Jacinto Valley crownscale (Atriplex coronata var. notatior) is restricted to grassland,playas, and Vernal Pools with alkali soils (Dudek 2003). This species typically occurs on the margins of areas subject to short-term inundation and does not develop in areas that support regular long-term ponding or flooding. No alkali soils or appropriate habitat occurs on site. Smooth tarplant (Centromadia pungens) is found in southwestern California and northwestern Baja California, Mexico (Baja), and occurs in San Bernardino, Riverside, and San Diego counties. This species occurs in a variety of habitats, including alkali scrub and playas, riparian woodland, watercourses, and grasslands with alkaline affinities (Dudek 2003; CNPS 2013). Based on habitat requirements for specific species and the availability and quality of habitats needed by each special-status plant species,it was determined that the project site has a moderate potential to support smooth tarplant (Centromadia pungens ssp. laevis). Smooth tarplant is considered to be covered under the MSHCP but may require additional surveys within survey areas that are depicted in Section 6.3.2 of the MSHCP. The project site is not located within one of these survey areas and no additional surveys for this species are necessary. Vernal barley(Hordeum intercedens) occurs in grassland, Vernal Pools, and vernal playas and is restricted to clay and alkaline, silty-clay soils in Riverside County (Dudek 2003). Twelve populations are known from Riverside County along the San Jacinto River and Salt Creek. No appropriate soils occur on site. 2. Animals Invertebrates Vernal pool fairy shrimp (Branchinecta lynchi) occurs throughout the Central Valley and in several disjunct populations in Riverside County. This species exists in Vernal Pools and other HELIX Determination of Biologically Equivalent or Superior Preservation Report for Linfield Village Senior Housing Development Project/GET-01/ December 1,2016 6 ephemeral basins, often located in patches of grassland and agriculture interspersed in Diegan coastal sage scrub and chaparral. Riverside fairy shrimp (Streptocephalus woottoni) occurs in Riverside, Orange, and San Diego counties as well as in northern Baja. This species is typically found in deeper Vernal Pools and other ephemeral basins that hold water for long periods of time (30 or more days). Santa Rosa Plateau fairy shrimp (Lrnderiella sanlarosae) are limited to the Santa Rosa Plateau. No Vernal Pools or Vernal Pool indicator species were observed on site. Fishes The Santa Ana sucker (Catastomus santaanae) is restricted to the Santa Ana River watershed with year-round flows. The site is not within the Santa Aria River watershed and the drainages on site are ephemeral or intermittent. Amphibians No appropriate habitat for the three amphibian species {arroyo toad [Bt fo californicus], mountain yellow-legged frog[Raga muscosa],or California red-legged frog [Rana aurora draytonii])occurs on site,and none of these species has any potential to occur on site. Birds The least Bell's vireo (Vireo belhi pusillus) is found in riparian scrub, forest, and woodland habitats that typically feature dense cover within one to two meters of the ground and a dense, stratified canopy. It inhabits low, dense riparian growth, along water or dry parts of intermittent streams. Typically, the vireo is associated with southern willow scrub, cottonwood forest, mule fat scrub, sycamore alluvial woodland, coast live oak riparian forest, arroyo willow riparian forest, wild blackberry, or mesquite in desert localities. It uses habitat limited to the immediate vicinity of water. The vireo primarily nests in vegetation typically predominated by willows and mule fat, but may also use a variety of shrubs, trees, and vines. Year 2016 least Bell's vireo surveys for the project were negative (HELIX 2016b). No least Bell's vireo were detected on the site. A single least Bell's vireo was heard calling from the southern riparian forest that occurs off site in excess of 500 feet to the south during surveys 1, 2, and 3; however, this off-site habitat is separated from the Project site by developed land within the Linfield Christian School and would not be affected by the Project. The southwestern willow flycatcher (Empidonax traillii extimus) is restricted to riparian woodlands along streams and rivers with mature, dense stands of willows, cottonwoods (Populus spp.), or smaller spring fed or boggy areas with willows or alders (Alnus spp.). It breeds in relatively dense riparian habitats, and most often occurs in broad, open river valleys or large mountain meadows with lush growth of shrubby willows. The riparian habitat on site is not suitable to support southwestern willow flycatcher nesting, although the species may pass through the site in migration. No southwestern willow flycatcher were observed or otherwise detected during the 2016 vireo surveys. HELIX Enwmnm")Rmining Determination of Biologically Equivalent or Superior Preservation Report for Linfield Village Senior Housing Development Project/GET-01/ December 1,2016 7 The western yellow-billed cuckoo (Coccyzus americanus occidentalis) requires dense, wide riparian woodlands with well-developed understories for breeding. It occurs in densely foliaged, deciduous trees and shrubs, especially willows that are required for roost and nest sites. When breeding, the cuckoo is restricted to river bottoms and other mesic habitats where humidity is high and where dense understory abuts slow-moving watercourses, backwaters, or seeps. Willow is almost always a dominant component of the vegetation. As with the vireo, the habitat on site is not suitable to support the western yellow-billed cuckoo. This species is not expected to occur on site. No yellow-billed cuckoo were observed or otherwise detected during the 2016 vireo sur%,eys. Both the bald eagle (Huhaectus leucocephalefs) and peregrine falcon (Falco peregrinus) occur primarily in and adjacent to open water habitats, with the falcon possibly occurring in riparian areas. No suitable habitat occurs on site for these species. Neither species were observed or otherwise detected during the 2016 vireo surveys. Cooper's hawk (Accipiter cooperii), great blue heron (Areaa herodias), and yellow warbler (Setophaga perechia) were observed on site (MBI 2016). All of these species are considered to be Covered Species Adequately Conserved under the MSHCP. VI. IMPACTS A. IMPACTS TO RIPARIAN/RIVERINE AREAS AND VERNAL POOLS The Project is required by the City to implement frontage improvements along Rancho Vista Road, which will result in unavoidable impacts to the northernmost tip of the Riparian/Riverine Areas on site. Total impacts to Riparian/Riverine Areas as a result of the Rancho Vista Road improvements amount to 0.19 acre of southern riparian woodland(Figure 6). AIthough the impacts will result in the loss of 0.19 acre of habitat, they will be restricted to riparian canopy and a few trees,many of which are eucalyptus. The habitat that will be impacted is of low quality due to its adjacency with Rancho Vista Road and prevalence of eucalyptus. The impact areas do not support Riparian/Riverine target species and do not contribute substantially to the biological values of the MSHCP because the site is not with any Criteria Cell or Group Cell targeted for conservation. B. IMPACTS TO SPECIES ASSOCIATED WITH RIPARIAN/RIVERINE AREAS AND VERNAL POOLS No impacts would occur to any MSHCP Section 6.1.2 species associated with Riparian/Riverine Areas or Vernal Pools. Marginal habitat for the least Bell's vireo was determined to occur within the Riparian/Riverine Areas on site; however, protocol-level surveys completed in 2016 demonstrated that the species is absent from the on-site habitat. As such, no impacts are expected to occur to least Bell's vireo. None of the other MSHCP Section 6.1.2 species associated with HELIX Environmental Pwni... Determination of Biologically Equivalent or Superior Preservation Report for Unfield Village Senior Housing Development Project/GET-01/ December 1,2016 8 Impact and Avoidance Areas LINFIELD VILLAGE SENIOR HOUSING DEVELOPMENT PROJECT HELIX Figure Riparian/Riverine Areas and Vernal Pools are expected to occur; none would be impacted by the project. VII. AVOIDANCE, MINIMIZATION AND MITIGATION A. AVOIDANCE Emphasis of the MSHCP Riparian/Riverine Area and Vernal Pool policy is on conservation of habitats capable of supporting MSHCP Covered Species. Furthermore, the goal of the DBESP process is to determine if the project has in fact provided for a project alternative that results in biologically equivalent or superior preservation. The first priority for Riparian/Riverine Areas that have potential to contribute to the biological values of the MSHCP preserve is avoidance of direct impacts. MSHCP Section 6.1.2 states: "The purpose of the procedures described in this section is to ensure that the biological functions and values of these areas throughout the MSHCP Plan Area are maintained such that Habitat values for species inside MSHCP Conservation Areas are maintained." The MSHCP also states that: "[fJor identified and mapped resources not necessary for inclusion in the MSHCP Conservation Area, applicable mitigation under CEQA, which may include federal and state regulatory standards related to wetland functions and values, will be imposed by the Permittees. To ensure that these standards are met, Pennittees shall ensure that, through the CEQA process, project applicants develop project alternatives demonstrating efforts that first avoid, and then minimize direct and indirect effects to the mapped wetlands and shall review these alternatives with the Permittee. An avoidance alternative shall be selected, if feasible. If an avoidance alternative is selected, measures shall be incorporated into the pro[ect design to ensure the long-term conservation of the areas to be avoided. If an avoidance alternative is not feasible, a practicable alternative that minimizes direct and indirect effects to riparian/riverine areas and vernal pools and associated functions and values to the greatest extent possible shall be selected. Those impacts that are unavoidable shall be mitigated such that the lost functions and values as they relate to Covered Species are replaced as set forth below under the Determination of Biologically Equivalent or Superior Preservation." The Project has implemented avoidance of Riparian/Riverine Areas to the maximum extent possible and allowed by the City. Complete avoidance is not possible because the widening of Rancho Vista Road is a City requirement to approve the Project. Any development project on this site would be required to widen the road to fulfill the City's General Plan and the 88-foot HELIX.,,, Determination of Biologically Equivalent or Superior Preservation Report for Linfield Village Senior Housing Development Project/GET-01/ December 1,2016 9 right-of-way in this location. Therefore, complete avoidance is not possible and the impacts required are being driven by the City-mandated frontage improvements to Rancho Vista Road. In total, the Project will avoid the large majority, 1.10 acres or 85 percent, of the existing Riparian/Riverine Areas on the site. This includes the highest quality riparian habitat located in the central and southern reaches, where there is higher species diversity and less non-native species, such as eucalyptus. All of the mature cottonwood trees and the large majority of the larger willow trees will be avoided by the Project. The entirety of the southern willow scrub and mule fat scrub will also be avoided. The Project also incorporates minimum 50-foot setbacks for al I planned structures from the edge of the avoided Riparian/Riverine Areas on the site. Furthermore, the Project proposes revegetation with native container plants and seed within the manufactured slopes and setback areas to serve as biological buffers. B. MIND IIZATION The Project incorporates the following minimization measures to reduce the overall impact on Riparian/Riverine Areas to the maximum extent: • Implementation of standard Best Management Practices (BMPs) to minimize the impacts during construction, such as erosion control measures, stabilized construction entrances, silt fencing,sump catch basin protection,and gravel bag velocity reducer in street; • Construction equipment shall be stared in upland areas,outside of drainages; • Implementation of bio-retention basins and a Bio-Clean Modular Wetland System (MWS) system to protect water quality by decreasing the potential of pollutants entering the RipariantRiverine Areas downstream. Source control and treatment control BMPs will be implemented to minimize the potential contaminants that are generated during and after construction. Source control BMPs include marking storm drain inlets, landscape planning, trash storage areas, sweeping paved areas, and education of future tenants. Treatment-control BMPs will be two bio-retention basins and a Bio-Clean MWS system. Water quality BMPs will be implemented throughout the Project according to a Stormwater Pollution Prevention Plan (SWPPP) to be prepared to capture and treat all pollutants of concern before they are discharged from the site. The existing culverts under Rancho Vista Road will be extended, maintaining the water conveyance function of the current culverts, which will still outlet into the tops of the Y-shaped drainage. The impact on the function of the riparian corridor is minimized since the impacts will occur immediately adjacent to the existing road, where the drainage originates, and will not interrupt or constrict a continuous riparian area. A riprap energy dissipater will be placed at each culvert outlet to slow down the water and prevent erosion. HELIX Envir anMng — Determination of Biologically Equivalent or Superior Preservation Report for Linfield Village Senior Housing Development Project/GET-01/ December 1,2016 10 In conformance with MSHCP Section 6.1.4, the Project will reduce edge effects to the urban/wildland interface through the following measures: • BMPs will be iniplemented to maintain water quality. All runoff from the development area will be treated prior to exiting the site to reduce pollutants of concern. The Project's hydrology report concluded that the proposed development will not adversely affect the existing drainage pattern in the area. • The Project will not drain into any MSHCP Conservation Area. • The Project will not discharge toxics into any MSHCP Conservation Area. • The Project will not direct night lighting into any MSHCP Conservation Areas. • No manufactured slope associated with the Project will extend into any MSHCP conservation area. • No plants included on the California Invasive Plant Council's list of invasive species or in Table 6-2 of the MSHCP will be used in any project landscape anywhere on the site, and only native species will be planted adjacent to open space areas. • The manufactured slope between the riparian habitat area and the Project site will be planted with native riparian and scrub species such as California buckwheat (Eriogonum fasciculatum), encelia (Encelia californica), and toyon (Heteromeles arbutifolia) to create a buffer area of native habitat between the development area and the open space. Planting sage scrub on the transitional slope will be an improvement over the non-native grassland and eucalyptus woodland habitats currently on site. The slope revegetation area,shown on Figure 7, will also include native trees including western sycamore (Platanus racemosa) and Fremont cottonwood (Populus frernontii) that can serve as an extension of the riparian tree canopy. The manufactured slope along the road will be hydroseeded with the same sage scrub species as the transitional slope. • A live-foot-high wrought iron fence will be installed at the pad edge at the top of the manufactured slope to separate the development area from the open space and buffer area. The fence will also be extended along Rancho Vista Road to the western open space boundary, to separate the sidewalk from the open space, as shown on Figure 7. • Open space signs will be installed every 200 feet along the eastern boundary of the open space, at the toe of slope, and along the northern boundary of the open space,on the fence. • The development area is separated from the riparian area by a graded slope up to 60 feet wide and 20 feet high, with retaining walls providing up to 12 feet of additional vertical separation in some locations. The development area is higher than the open space, which reduces the amount of noise that would travel from the development area into the open space. HELIX EnWiortme�al Pfmrning Determination of Biologically Equivalent or Superior Preservation Report for Linbeld Village Senior Housing Development Project/GET-01/ December 1,2016 11 The proposed Project will not impact any conserved habitat for fuel modification purposes, as the Project is located within a high fire zone and no fuel modification is required. C. MITIGATION The Project Applicant shall implement the following mitigation measures to offset the loss of 0.19 acre of Riparian/Riverine Areas on the site and provide for biologically equivalent or superior preservation: (1) Preservation of 2.0 acres of open space, which includes all of the avoided 1.10 acres of on-site Riparian/Riverine Areas and 0.9 acres of adjacent uplands; (2) Establislinient of a conservation easement over the 2.0 acres of open space; (3) Installation of fencing and signage to protect the 2.0 acres of open space; (4) Enhancement of the 2.0 acres of open space through treatment and removal of non-native plant species for a period of five years,with annual monitoring and reporting; (5) Active management of the 2.0 acres of open space through Applicant-funded management directives implemented by the Applicant and their qualified biological consultant, including preparation of a Property Analysis Record (PAR) or PAR-like cost estimate for CDFW approval, long-terra management plan for CDFW approval, and annual monitoring and reporting to CDFW on the specific management directives;and (6) Surety bond and financial assurances for CDFW approval. In addition, the Applicant shall purchase re-establishment (creation) credits from the San Luis Rey Mitigation Bank, ensuring no net loss of wetlands. The 2.0-acre on-site open space will be enhanced by conducting an intensive treatment of non-native plant species for five years. Invasive plants shall either be treated with herbicides and left in place or removed and disposed of at an approved off-site location. Non-native plant species considered to be highly invasive by the Cali fomia Invasive Plant Council(Cal-IPC; High and Moderate category species) shall be targeted for eradication first, followed by other non- native plants. The roots of trees within the stream channel will not be extracted in order to avoid impacting jurisdictional waters. Eucalyptus trees will be drilled and injected with herbicide in Year 1 in order to kill the trees, except for two or three larger eucalyptus trees that will be retained for wildlife habitat, unless otherwise required by CDFW. Regrowth will be treated in subsequent years. The goal will be to eradicate highly invasive species and to reduce living, non-native plant species coverage in the preserve to 10 percent or less. Following the initial habitat enhancement period, the open space will be managed and maintained in perpetuity by the Applicant, with oversight by a qualified biologist. The qualified biologist will conduct annual technical monitoring as well as quarterly patrols to monitor the habitat condition, check fencing and signage, and note invasive plants and trash. Fencing and HELIX FnWronmenfal PlanMnp Determination of Biologically Equivalent or Superior Preservation Report for Linfield Village Senior Housing Development Project/GET-01/ December 1,2016 12 Post-project Condition /� LINFIELD VILLAGE SENIOR HOUSING DEVELOPMENT PROJECT HELIX A`OF{n Figure 7 signage repair and removal of invasive plants and trash will be conducted by the Applicant. The qualified biologist will summarize management and monitoring results in an :annual report to CDFW. The open space will be preserved by a conservation easement granted to CDFW. Management and monitoring will be funded by the Applicant, with a surety bond to secure funding. The Permittee shall establish in favor of CDFW a surety bond in the amount of$500,000 for the cost of the Applicant's mitigation obligations. The Applicant shall prepare a draft surety bond using the CDFW-approved form and submit to CDFW for its approval. The surety bond shall allow CDFW to immediately make a claim on the surety bond if CDFW determines in its sole discretion that the Applicant has failed to meet its mitigation obligations. After CDFW approves the draft surety bond, it will notify the Applicant, after which the Applicant's surety may finalize and execute the surety bond. Upon receipt of the original surety bond in the principal sum and form approved by CDFW, CDFW shall notify the Applicant that it may begin the Project. If the Applicant has not met its mitigation obligations within 90 days prior to the surety bond's expiration date, the Applicant shall confirm with its surety that the expiration date will be extended. If the surety elects not to extend the expiration date, the Applicant shall establish a new surety bond to replace the original in the same principal sum, unless CDFW agrees otherwise. The new surety bond shall be subject to CDFW's approval following the same procedure described above. The Applicant shall have in place a surety bond as described above until it has met its mitigation obligation. Prior to construction, the Applicant shall provide sufficient annual budgetary appropriation information to CDFW to assure adequate commitment of financial resources for the establishment, maintenance, and management of the open space_ If the information does not adequately assure financial resources for the mitigation habitat, the Applicant shall prepare a revised PAR-like analysis to determine the appropriate endowment amount to fund the management of the mitigation site in perpetuity. After CDFW approves the PAR,Applicant shall provide the required endowment to either: 1) CDFW (interest from the endowment shall be available for the long-term operation, management, and protection of the mitigation lands, including reasonable administrative overhead, biological monitoring, improvements to biological carrying capacity, law enforcement measures, and any other action designed to protect or improve the habitat values of the mitigation lands. Monies received by CDFW pursuant to this Condition shall be deposited in a special deposit account established pursuant to Fish and Game Code section 13014.); or 2)a non-profit conservation entity authorized to hold such funds. VIII. CONCLUSION This DBESP assessment demonstrates that the proposed Project is consistent with MSHCP Section 6.1.2 based on the following: * The Project site is not located within any Criteria Cell or Group Cell that is targeted for conservation by the MSHCP. As such, there are no requirements for MSHCP Biological Issues and Considerations. HELIX Bvi mamenfel Pfa" Determination of Biologically Equivalent or Superior Preservation Report for Linfield Village Senior Housing Development Project/GET-01/ December 1,2016 13 • The Riparian/Riverine Areas on site do not have primary constituent elements needed to support least Bell's vireo, southwestern willow flycatcher, or western yellow-billed cuckoo. Consequently, no species targeted for conservation in Sections 6.1.2 will be adversely affected by the Project. • Avoidance of 100 percent of the Riparian/Riverine Areas is not feasible because avoidance of these associated habitats cannot be accomplished given the City's road widening requirements. • In conformance with the stated goals of the MSHCP, impacts to Riparian/Riverme Areas have been minimized to the maximum extent practicable though Project design. • Mitigation for direct impacts would occur through on-site preservation of 1.10 acres of Riparian/Riverine Areas within 2.0 acres of open space. The on-site open space will be protected by a recorded conservation easement, installation of fencing and signage, enhancement by five years of invasive plant removal,active management in perpetuity,and a surety bond and financial assurances for CDFW approval. • The Project is consistent with Section 6.1.2 because it will provide biologically superior preservation. Permanent impacts to 0.19 acre of Riparian/Riverine Areas will be mitigated through preservation of RiparimVRiverine Areas on site. The Project provides ova-site Riparian/Riverine preservation at a 5.8:1 ratio and thereby meets the definition of a Biologically Equivalent Preservation Alternative. In addition, the Applicant shall purchase re-establishment (creation) credits from the San Luis Rey Mitigation Bank, ensuring no net loss of wetlands. • The Project is consistent with Section 6.1.4 because the Project has minimized indirect impacts through the use of BMPs, appropriate access control, and control of exotic species. The project will not introduce drainage, toxics, night lighting, manufactured slopes, or fuel modification zones into any MSHCP Conservation Area. • Edge effects will be further reduced because the preserved area will be protected from human access by a five-foot wrought iron fence on the edge of the developed area and the sidewalk along Rancho Vista Road. The developed area will be separated from the open space by a graded slope up to 60 feet wide and 20 feet high, with retaining walls providing up to 12 feet of additional vertical separation in some locations. The graded slopes will be planted with native riparian and scrub species. HELIX Enykwmental ama0p Determination of Biologically Equivalent or Superior Preservation Report for Untiield Village Senior Housing Development Project/GET-01/ December 1,2016 14 IX. CERTIFICATION/QUALIFICATION I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this biological evaluation, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief DATE: December 1,2016 SIGNED: ZS CA , a 4 Beth Ehsan Biology Project Manager HELIX Fieldwork Performed By. Katie Bellon B.S., Biology, California State Polytechnic University, San Luis Obispo, 2009 Robert Hogenauer B.S., Biology,California State Polytechnic University,2004 Summer Schlageter B.S., Environmental Management and Protection, California Polytechnic State University,San Luis Obispo,2015 W. Larry Sward M.S.,Biology, San Diego State University, 1979 B.S.,Biology, San Diego State University, 1975 USFWS Permii TE778195 Sally Trnka M.S.,Biology, emphasis Ecology, San Diego State University, 1998 B.S., Biological Sciences, University of California-Davis, 1992 HELIX Envimmenfei RM"Inp Determination of Biologically Equivalent or Superior Preservation Report for Linfield Village Senior Housing Development Project/GET-01/ December 1,2016 % X. REFERENCES California Native Plant Society (CNPS). 2013. Inventory of Rare and Endangered Plants. Internet searchable database Version 7-09a. URL: http://www.cal.net/—levinel/cgi- bin/cnps/sensinv.cgi. January 13. Dudek and Associates (Dudek). 2003. Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP). Final MSHCP, Volume I. Prepared for the County of Riverside Transportation and Land Management Agency. Approved June 17. HELIX Environmental Planning, Inc. (HELIX). 2016a. Memo to Aaron Walker: Jurisdictional Impacts for the Linfield Village Senior Living Community Project. September 23. 2016b. Year 2016 Least Belt's Vireo (Vireo MIR pusillus) Survey Report for the Linfield Village Senior Living Community Project in the City of Temecula, Riverside County, California. September 8. Michael Baker International (MBI). 2016. Generations Senior Housing Development Habitat Assessment and Western Riverside County Multiple-Species Habitat Conservation Plan Consistency Analysis. September. Reiser, Craig H. 2001. Rare Plants of San Diego County. Aquafir Press: Imperial Beach,CA. 244 pp.plus Appendix. U.S. Department of Agriculture (USDA) Soil Conservation Service. 1971. Soil Survey for Western Riverside Area California. November. HELIX Enykmmentel Pwno Determination of Biologically Equivalent or Superior Preservation Report for Linfield Village Senior Housing Development Project/GET-01/ December 1,2016 16 MITIGATION, MONITORING AND REPORTING PROGRAM (MMRP) Linfield Village Senior Housing Development Project LEAD AGENCY: City of Temecula 41000 Main Street Temecula,CA 92590 Contact:Scott Cooper Associate Planner (951)506-5137 C�t,�Rlb „x} PREPARED BY: Michael Baker International 40810 County Center Drive,Suite 200 Temecula, California 92591 Contact: Mr. Darren Edgington,CEP-IT, LEED AP (951)506-2083 JN 153676 May, 2017 Linfield Village Senior Housing Development Project MITIGATION MONITORING AND REPORTING PROGRAM PROJECT NAME: Linfield Village Senior Housing Development Project PROJECT MANAGER: Scott Cooper,Associate Planner,City of Temecula PROJECT DESCRIPTION: The Linfield Village Senior Housing Development Project consists of all actions related to the design and construction of an approximately 490,048 SF independent living,assisted living,and memory care community named"Linfield Village"on an existing disturbed 15.58-acre vacant lot. PROJECT LOCATION: The proposed Project is generally located in the City of Temecula located at the Linfield Christian School on Rancho Vista Road approximately 2,500 feet east of Margarita Road at APN 955-020-006. INTRODUCTION: This document is the Mitigation Monitoring and Reporting Program(MMRP)for the Linfield Village Senior Housing Project.An MMRP is required for the proposed Project because the ISIMND has identified significant adverse impacts,and measures have been identified to mitigate those impacts.This MMRP has been prepared pursuant to Section 21081.6 of the California Public Resources Code,which requires public agencies to"adopt a reporting and monitoring program for the changes made to the project or conditions of project approval,adopted in order to mitigate or avoid significant effects on the environment" As the lead agency,the City of Temecula will be responsible for monitoring compliance with all mitigation measures.Different City departments are responsible forvarious aspects of the Project.The MMRP identifies the department with the responsibility for ensuring the measure is completed;however,it is expected that one or more departments will coordinate efforts to ensure compliance. The MMRP is presented in tabular form on the following pages.The components of the MMRP are described briefly below. • Source and Mitigation Measure:The mitigation measures are taken from the Initial Study/Mitigated Negative Declaration(IS/MND),in the same order they appear in the IS/MND. • Timing:Identifies at which stage of the Project the mitigation must be completed. • Monitoring Responsibility:Identifies the department in the City with responsibility for mitigation monitoring. • Date Completed and Signature:Provides a contact who reviewed the mitigation measure and the date the measure was determined complete. 11Paae Mitigation Monitoring and Reporting Program Matrix City of Temecula Linfield Village Senior Housing Development Project SOURCE MITIGATION MEASURE TIMING MONITORING DATE COMPLETED SIGNATURE Section 3.3, Air Quality Mitigation Measure(AQ•1) Prior to Grading Permit City of Temecula Public Impact 3.3(b), (c),and(d). Prior to issuance of any Grading Permit,the City Engineer shall confirm that the Issuance Works Department Grading Plan and project specifications stipulate that, in compliance with SCAQMD Rule 403,excessive fugitive dust emissions shall be controlled by regular watering or other dust prevention measures, as specified in the SCAQMD's Rules and Regulations. In addition,SCAQMD Rule 402 requires implementation of dust suppression techniques to prevent fugitive dust from creating a nuisance off-site. Implementation of the following measures would reduce short-term fugitive dust impacts on nearby sensitive receptors; • Pave or apply water every three hours during daily construction activities or apply non-toxic soil stabilizers on all unpaved access roads,parking areas,and staging areas. More frequent watering shall occur if dust is observed migrating from the site during site disturbance; • Any on-site stockpiles of debris,dirt,or other dusty material shall be enclosed,covered,or watered twice daily,or non-toxic soil binders shall be applied; • All grading and excavation operations shall be suspended when wind speeds exceed 25 miles per hour, • Disturbed areas shall be replaced with ground cover or paved immediately after construction is completed in the affected area; • Track-out devices such as gravel bed track-out aprons(3 inches deep,25 feet long,12 feet wide per lane and edged by rock berm or row of stakes) shall be installed to reduce mud/dirt track-out from unpaved truck exit routes. Alternatively,a wheel washer shall be used at truck exit routes; • On-site vehicle speed shall be limited to 15 miles per hour; • All material transported off-site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust prior to departing the job site;and • Trucks associated with soil-hauling activities shall avoid residential streets and utilize City-designated truck routes to the extent feasible. DATE SOURCE MITIGATION MEASURE TIMING MONITORING COMPLETED SIGNATURE Section 3.4, Biological Resources Mitigation Measure(810.1) Prior to initiation of City of Temecula Impact 3.4(a) and 3.4(f),and Construction should occur outside of the avian breeding season (generally construction activities Community Development Section 3.10, January 1 —August 30).ff construction must occur during the avian breeding /Public Works Impact 3.10(c) season, a qualified biologist shall conduct a preconstructlon nesting bird Departments clearance survey in all work areas and all areas within 500 feet of the general construction zone.This shall occur no more than one week prior to construction. Active nests shall be given an avoidance buffer,typically 300 feet for non-listed, non-raptor species,and 500 feet for listed and raptor species.This buffer shall remain in place until the young fledge or the nest otherwise becomes inactive, and may be reduced with approval from with US Fish and Wildlife Service and/or California Department of Fish and Wildlife. Section 3 4, Biological Resources Mitigation Measure(810.2) Prior to initiation of City of Temecula Impact 3.4(a) and 3.4(f) and If nesting birds are present, a 300-500 foot buffer(raptors and birds of prey construction activities Community Development Section 3.10, require a 500 foot buffer,other birds require a 300 foot buffer)shall be set up /Public Works Impact 3.10(c) around the active nest.The buffer is a no-work zone and construction activities Departments may not resume until the nest is no longer active(i.e.avian species are no longer showing nesting behavior, young have fledged).To determine when nesting behaviors are finished,a qualified biologist shall monitor the nest weekly until the young have fledged the area and the nest is no longer active. Section 3.4, Biological Resources Mitigation Measure(810.3) Within 30 days prior to any City of Temecula Impact 3.4(a) and 3.4(f) and No more than 30 days prior to any ground-disturbing construction activities on ground-disturbing Community Development Section 3.10, the Project site,a qualified biologist shall conduct a prewnstruction clearance construction activities Department p Impact 3.10(c) survey for burrowing owls and present the written results of the survey to the City. The survey shall be completed in areas of suitable habitat on and within 250 feet of the Project site. Section 3.4, Biological Resources Mitigation Measure(BIO-4) Prior to Grading Permit City of Temecula Public Impact 3.4(b) and 3.4(c),and Prior to issuance of a grading permit,the Project Applicant shall gain approval of Issuance Works Department Section 3.9, a Clean Water Act Section 404 permit from the Army Corps of Engineers,a Clean Impact 3.9(d) Water Act Section 401 Water Quality Certification from the San Diego Regional Quality Control Board,and a Section 1602 Streambed Alteration Agreement from the California Department of Fish and Wildlife for Project impacts to 0.2 acre of USACOE/RWQCB jurisdictional waters and 0.19 acre of impacts to CDFW associated riparian habitat resulting with expansion of Rancho Vista Road. Section 3.4, Biological Resources Mitigation Measure(810.5) Prior to Grading Permit City of Temecula Impact 3.4(b) and 3.4(c),and Prior to issuance of a grading permit, and separate from any permitting Issuance Community Development Section 3.9, requirements of the affected wildlife agencies,the Project Applicant shall prepare I Public Works Impact 3.9(d) a Determination of Biologically Equivalent or Superior Preservation (DBESP) Departments analysis,pursuant to the requirements of Section 6.1.2 of the under the Western Riverside County Multiple Species Habitat Conservation Plan(MSHCP).The DBESP shall be submitted to and approved by the appropriate Wildlife Agencies prior to any Project-related ground-disturbing activities, `IPage DATE SOURCE MITIGATION MEASURE TIMING MONITORING COMPLETED SIGNATURE Section 3.5, Cultural Resources Mitigation Measure(CUL-1) During Earthmoving City of Temecula Impact 3.5(b) An archaeological monitor shall be present during any earthmoving activities Activities Community Development associated with the Project.The monitor shall work under the direct supervision Department of a cultural resource professional who meets the Secretary of Interior's Professional Qualification Standards for archaeology. In the event an archaeological resource is uncovered, the monitor shall be empowered to temporarily halt or redirect construction forwork in the vicinity of any find until the Project archaeologist can evaluate it. In the event of a relevant find,salvage excavation and reporting will be required,Grading or further ground disturbance shall not resume within the area of the discovery until an agreement has been reached by the developer,the archaeologist, and the Planning Director.Any recovered archaeological resources shall be processed and curated according to current professional repository standards as appropriate, The collections and associated records shall be donated to an appropriate curation facility,or,the artifacts may be delivered to the appropriate Native American Tdbe(s)if that is recommended by the City.A final report containing the significance and treatment findings shall be prepared by the archaeologist and submitted to the City, if required. Section 3.5, Cultural Resources Mitigation Measure(CUL-2) During Earthmoving City of Temecula Impact 3.5(c) A paleontological monitor shall be present during any earthmoving activities Activities Community Development associated with the Project.The monitor shall work under the direct supervision !Public Works of a paleontological resource professional who meets the minimum qualifications Departments for a vertebrate paleontologist as described in the Standard Procedures for the Assessment and Mitigation of Adverse Impacts to Paleontological Resources by the Society of Vertebrate Paleontology(2010). In the event a paleontological resource is uncovered,the monitor shall be empowered to temporarily halt or redirect construction for work in the vicinity of any find until the Project paleontologist can evaluate it.In the event of a relevant find,salvage excavation and reporting will be required.Grading or further ground disturbance shall not resume within the area of the discovery until an agreement has been reached by the developer, the paleontologist, and the Planning Director. Any recovered paleontological resources shall be processed and curated according to current professional repository standards as appropriate.The collections and associated records shall be donated to an appropriate curation facility,or,the artifacts may be delivered to the appropriate Native American Tribe(s)if that is recommended by the City.A final report containing the significance and treatment findings shall be prepared by the paleontologist and submitted to the City,if required. Section 3.5, Cultural Resources Mitigation Measure(CUL-3) During Project City of Temecula Impact 3.5(d) Consistent with State CEQA Guidelines,Section 15064.5,Subdivision(e),in the Construction Community Development eventofan accidental discovery or recognition of any human remains,the County /Public Works Coroner shall be notified and construction activities at the affected work site shall Departments be halted.If the remains are found to be Native American,the Native American Heritage Commission(NAHC)shall be notified within 24 hours by the County Coroner. The NAHC must immediately notify the Most Likely Descendent(s) under Public Resources Code 5097.98 and the descendants must make `IPage DATE SOURCE MITIGATION MEASURE TIMING MONITORING COMPLETED SIGNATURE recommendations or preference for treatment within 48 hours of being granted access to the site.Guidelines of the NAHC shall be adhered to in the treatment and disposition of the remains in accordance with the provisions of Health and Safety Code§7050.5 and Public Resources Code§5097.98. Section 3.6, Geology and Solis Mitigation Measure(GEO.1) During Project City of Temecula Public Impact 3.6(b) and Section 3.9, In accordance with the National Pollutant Discharge Elimination System Construction Works Department Impact 3.9(a) requirements, the Project Applicant would prepare a Stormwater Pollution Prevention Plan(SWPPP)for approval by the City prior to grading activities.The SWPPP will include relevant Best Management Practices(BMPs)in order to minimize soil erosion and water quality impacts during Project construction. Section 3.8, Hazards and Hazardous Materials Mitigation Measure(HAZ-1) During Project City of Temecula Impact 3.8(d) The Project Applicant shall retain the services of a Registered Professional Construction Community Development Engineer or Geologist,with experience in remedial investigation,available for I Public Works consultation during soil excavation and grading activities. The Registered Departments Professional Engineer or Geologist shall be given full authority to oversee any earthmoving activities to determine if disturbed soils are contaminated. Section 3.8, Hazards and Hazardous Materials Mitigation Measure(HAZ-2) During Project City of Temecula Public Impact 3.8(d) If potentially contaminated soil is unearthed during site disturbance activities,the Construction Works Department Registered Professional Engineer or Geologist shall inspect the identified area and determine the need for sampling to confirm the nature and extent of contamination. Depending on the nature and extent of contamination, the Registered Professional Engineer or Geologist shall have the authority to temporarily suspend construction activity at that location for the protection of workers or the public. If the Registered Professional Engineer or Geologist determines that significant remediation is necessary,the Project Applicant shall contact representatives of the San Diego Regional Water Quality Control Board, Department of Toxic Substances Control,and other local agendas,if applicable, for guidance and possible oversight.The applicant will be required to implement all requirements identified by San Diego Regional Water Quality Control Board and Department of Toxic Substances Control. Section 3.12, Noise Mitigation Measure(NO1-1) Prior to Grading Permit City of Temecula Impact 3.12(a), 3.12(c),and 3.12 Prior to Grading Permit issuance, the Applicant shall demonstrate, to the Issuance Community Development (d) satisfaction of the Director of Community Development that the Project complies Department p with the following: • Construction contracts specify that all construction equipment,fixed or mobile,shall be equipped with properly operating and maintained mufflers and other state required noise attenuation devices. • Property owners and occupants located within 200 feet of the Project boundary shall be sent a notice,at least 15 days prior to commencement of construction of each phase,regarding the construction schedule of the proposed Project. A sign.legible at a distance of 50 feet shall also be SOURCE MITIGATION MEASURE TIMING MONITORING DATE COMPLETED SIGNATURE posted at the Project construction site. All notices and signs shall be reviewed and approved by the City of Temecula Planning Department, prior to mailing or posting and shall indicate the dates and duration of construction activities,as well as provide a contact name and a telephone number where residents can inquire about the construction process and register complaints. Construction haul routes shall be designed to avoid noise sensitive uses (e.g.,residences,convalescent homes,etc.),to the extent feasible. During construction,stationary construction equipment shall be placed such that emitted noise is directed away from sensitive noise receivers. Construction activities shall not take place outside of the allowable hours specified by the City's Municipal Code Section 9.20.060(D)(7:00 a.m.and 6:30 p.m. Monday through Saturday; construction activities are not permitted on Sundays or national holidays). Construction haul routes shall be designed to avoid noise sensitive uses (e.g.,residences,convalescent homes,schools,churches,etc.),to the extent feasible. ■ During construction,stationary construction equipment shall be placed such that emitted noise is directed away from sensitive noise receptors. 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. Place of Hearing: 41000 Main Street, Temecula, CA 92590, City of Temecula, Council Chambers Date of Hearing: September 5, 2017 Time of Hearing: 6:00 p.m. Case Nos.: PA15-1886, PA15-1885 Applicant: Aaron Walker Location: Generally located on the south side of Rancho Vista Road, approximately 2,500 feet east of Margarita Road. Proposal: A Planned Development Overlay Amendment and Development Plan for the construction of a 493,044 square-foot independent living, assisted living, and memory care community containing 317 units. Environmental In accordance with the California Environmental Quality Act (CEQA), the proposed project Action: will not have a significant impact upon the environment based upon a completed Environmental Initial Study and Mitigation Monitoring Plan. As a result, a Mitigated Negative Declaration will be adopted in compliance with CEQA. AF RtIQ���a Project Site _..•YP't c -9a 7 Soo M 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. 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, 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 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 Scott Cooper, City of Temecula Community Development Department, (951) 506-5137. CITY COUNCIL BUSINESS Item No . 19 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: Aaron Adams, City Manager DATE: September 5, 2017 SUBJECT: Consider Formation of the Southwest Riverside County Interstate 15 Lane Expansion Task Force (At the Request of Council Member Naggar) PREPARED BY: Betsy Lowrey, Senior Management Analyst RECOMMENDATION: That the City Council: 1. Provide direction to the City Manager to initiate and plan the formation of the Southwest Riverside County Interstate 15 Lane Expansion Task Force, with initial meetings with regional cities and subsequent meetings with transportation partners; 2. Appoint Mayor and City Council RCTC Representative (Riverside County Transportation Commission) to participate on the Southwest Riverside County Interstate 15 Lane Expansion Task Force. BACKGROUND: Temecula City Council Members have expressed interest in initiating a regional conversation and hosting an Interstate 15 regional roundtable meeting to discuss existing freeway conditions and traffic congestion along the 1-15 corridor through Temecula Valley. An outcome of the Interstate 15 regional roundtable meeting could potentially include forming a Task Force that can address the need to expand Interstate 15 through Temecula Valley with additional traffic lanes to improve the quality of life for hundreds of thousands of residents and commuters. During weekday morning peak hours, which can start earlier than 6:00 a.m. and last several hours, southbound Interstate 15 backs up from the 1-15 / 215 connections through Temecula Valley with commuters traveling toward San Diego. Likewise, during afternoon peak hours, which can start earlier than 3:00 p.m. and last until 7:00 p.m., northbound Interstate 15 is backed up as far as Fallbrook, and through the Temecula Valley, with commuters traveling to Temecula and Cities north of Temecula. According to Caltrans' reports, the Average Daily Traffic (ADT) through Temecula Valley at Rancho California Road ranged between 159,000 and 169,000 in 2015. Traffic volume has grown since then; forcing motorists to endure unacceptable levels of service during peak periods and lengthened daily commute durations. Caltrans has also reported that the Average Weekday Traffic (ADWT) at the Riverside-San Diego County line along 1-15 will exceed 250,000 by 2030 and exceed 285,000 by 2050. Existing and future traffic volume and congestion along this segment of Interstate 15 will be assessed in greater detail by the Task Force. The initial 1-15 regional roundtable meeting is anticipated to be held this Fall and will include elected officials, City Managers, and Public Works Directors from surrounding Cities as well as Riverside County 3 d District. It is envisioned that subsequent meetings will include transportation partners including: Pechanga, Caltrans, Riverside County Transportation Commission (RCTC), San Diego Association of Governments (SANDAL), Western Riverside Council of Governments (WRCOG), Southern California Association of Governments (SCAG) and other stakeholders. It is anticipated the Southwest Riverside County Interstate 15 Lane Expansion Task Force will meet regularly throughout 2018, and thereafter over an appropriate period determined by the Task Force. Some of the objectives of the Task Force would likely include: • Evaluate the existing and future Average Daily Traffic (ADT) including Average Weekday Traffic (AWDT), congestion, commute delays, and levels of service along 1-15 through the Temecula Valley corridor. • Consider all options to accommodate peak travel through this region, (i.e. reversible commuter lanes, HOV, expansion options heading northbound and southbound). • Ensure needed improvements along this segment of Interstate 15 are programmed into the Regional Transportation Plan (RTP). Additional lanes for this segment of Interstate 15 are shown in the Caltrans Transportation Concept Report dated September 2012, but not included in the 2016 SCAG Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS). Work with RCTC to include this project in the SCAG RTP/SCS, which is amended periodically and updated every 2 years. • Clearly identify urgent need to address traffic volumes along 1-15 through the Temecula Valley corridor, and begin regional discussions and priority conversations to communicate the urgency of this project at all levels of government including regional, State and Federal. • Identify all funding sources (new, other, alternative, etc.) for the designation of appropriate funds at regional, State and Federal levels. • Address the regional impacts to economic development and "quality of life" of all Cities within Southwest Riverside County, which will worsen without widening Interstate 15 through Temecula Valley. FISCAL IMPACT: None ATTACHMENTS: None Revised Material Item No. 17 - Consider the Cypress Ridge Residential Project Including a General Plan Amendment, a Planned Development Overlay/Zone Change, a Tentative Tract Map, and a Development Plan (Planning Application Nos. PA15-1894, PA15- 1893, and PA15-1892) pu ei'l C--,, CITY OF TEMECULA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Council FROM: Eric Jones, Associate Planner DATE: September 5, 2017 SUBJECT: Cypress Ridge Condition of Approval The following Condition of Approval has been added to the project: "Although not identified as a mitigation measure in the project's Traffic Impact Analysis, the applicant has agreed to install a VCalm radar speed display sign to mitigate existing vehicular speeds along Muirfield Drive between Pechanga Parkway and Temecula Lane. The VCalm sign shall be installed prior to issuance of a Certificate of Occupancy for the project". 1 REQUEST TO SPEAK FORMS City Council Meeting 9/5/17 REQUEST TO SPEAK s CITY OF TEMECULAC \ '11 ,J!W Date: I wish to speak on: 0 Public Comment Circle One: Y COUNCIL/C /SARRDDA/THA/TPFA p Subject:Z,�f /®/1i lc��/•!//U.t1 �Z 64 Agenda Item No. For F-1 Against Request to Speak forms for Public Comments or items listed on the Consent Calendar may 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 may be submitted to the City Clerk RElg[ to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record.. 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Name: K) a\UCj 0 r a P- 0, Phone Number: Address: - Email address: nor �e-90\ ` dinV ; el l . Quly. If you are representing an or anizati n or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. REQUEST TO SPEAK CITY OF TEMECULA Date: � l� I wish to speak on: Public Comment Circle One: CITY COUNCIL/CSD/SARDA/THA/TPFA Subject: dAgenda Item No. E 8 For Against 7 Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk rp IOr 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 may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. 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Once the speaker is called to speak, please come forward to the podium and state your name for the r�e/c/��(/d.. Name: Y 1 IT�� # Jrj� Phone Number: Address: Email address: �a ✓l0�( ✓ I� ��✓I 7�o N h If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. REQUEST TO SPEAK LG) CITY OF TEMECULA 'x.a Date: 1 wish to speak on: Public Comment Circle One ITY COU /CSD /SARDA/THA/TPFA Subject: c- r .� r s ^ Agenda Item No / Z— For Against P Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk prlor 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 may be submitted to the City Clerk ELLgE to the City Council addressing that item. 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Once the speaker is called to speak, please come forward to the podium and state your name for the recur _ Name: 1 e/ -] i�� SdN Phone Number: / �° Address: Email addressn O I s0d-2 f If you are representing a,organization or group, please give the name: C Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. GO REQUEST TO SPEAK CITY OF TEMECULA Date: I wish to speak on: Public Comment Circle One: CITY COUNCIL / CSD / SARDA/THA/ TPFA Subject: � Y'�Cl\ \ \y 1 P Agenda Item No. For 0 Against Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk rp for 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 may be submitted to the City Clerk rp iqr to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. Name: ?2 V-Oot u� �— Phone Number: � Address: � - Email address:���cy If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. REQUEST TO SPEAK CG-) CITY OF TEMECULA O Date: wish to speak on: At Public Comment Circle One CITY CQUNCI /CSD/SARDA/THA/TPFA Subject: rf_`I Agenda Item No. For F1 Against Pq Request to Speak forms for Public Comments or items listed on the Consent Calendar may 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 may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. Name: �//� I /�'�rNL�Gth'l�� Phone Number: Address: - Email address: LGwO�C/Jg, �l yPr r P_ f- If you are representing an organization or group. please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. CGREQUEST TO SPEAK \ CITY OF TEMECULA —) Date: � I wish to speak on ❑ Public Comment Circle One: CITY COUNCIL/ CSD/SARDA/THA/TPFA Subject: 0 Agenda Item No For F-] Against [4 Request to Speak forms for Public Comments or items listed on the Consent Calendar may 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 may be submitted to the City Clerk 2EjQ1 to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. Name: &(%k aR� 3E Phone Number: / Address: ' Email address: �erkP�4 1 vnn- Cn If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. REQUEST TO SPEAK s CITY OF TEMECULA n Date: q-.7 4-7 I wish to speak on: ❑ Public Comment Circle One: CITY COUNCIL /CSD /SARDA/THA/TPFA Subject: Z�� A7 Z�-I— ❑ Agenda Item No, 11o, For ❑ Against Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk RLl r 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 may be submitted to the City Clerk RLlQ[ to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. Q ��re Name: 4VL66f6- -5 hone Number: Address: _ ' � Email address: zi ,As-a-2—Asolu.J If you are representing an organization or group, please give the name: -57��7 G17N/, Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. REQUEST TO SPEAK CITY OF TEMECULA �� I� 19X4 Date: / 1 wish to speak on: ❑ Public Comment Circle One: CITY COUNCIL/ CSD/SARDA/THA/ TPFA Subject: ❑ Agenda Item No. For ❑ Against 0/ Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk 2ELgE 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 may be submitted to the City Clerk rp for to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. Name: i�.f ��/� Phone Number: Address: .' Email address: If you are representing an organization or group, please give the/name: a,s rsa "T �JAAS Please �J . note that all informs ion ed a City Council meeting becomes public record. All information provided is optional. REQUEST TO SPEAK CITY OF TEMECULA G Date: Jr I wish to speak on: ❑ Public Comment Circle One: CITY COUNCIL I CSD/SARDA/THA/TPFA Subject: T2 U 4X gO-r e L 17 Agenda Item No. --f- For 0 Against 7 Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk Rfigr 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 may be submitted to the City Clerk rp for to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. �! Name: ! � ry,-, Phone Number: Address: Email address: 4: — k Q Y.e ,2 , -Z�1v , ti If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. OG REQUEST TO SPEAK CITY OF TEMECULA I -7 Date: I wish to speak on: ❑ Public Comment Circle One: CITY COUNCIL /CSD /SARDA/THA/TPFA Subject: Agenda Item No I �G For ❑ Against D Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk rp for 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 may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. �i /j�� � Email address: J ULV\jD Y D G jl\= ° f ✓L� ° t j If you are representing an organization or group, please give the name: TQ✓y1eG,�C� ' !all �� 1-1iS1oJ ; c� SCjc, ��t�J, Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. REQUEST TO SPEAK f;�p G CITY OF TEMECULA 41 Date: C I wish to speak on: ❑ Public Co I Circle One: CITY COUNCIL UNCIL/ CSD/ SARDA/THA/TPFA N l Subject: Vi Agenda Item No For r-1 Against Request to Speak forms for Public Comments or items listed on the Consent Calendar may 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 may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record.` , f 1 l Name: y 1 S J V 1 1 kJ'V Phone Number: Address: Email address If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. REQUEST TO SPEAK �^ CITY OF TEMECULA , 1 luau Date: I wish to speak on: ❑ Public Comment Circle One: CITY COUNCIL/C,�S{D�//SSA,/R�DA/THA/T)PFA� h �v � /✓ Subject: ���, �, /V ,���f1tt �( _ ty( IL�y ir Agenda Item No. For 41 Against ❑ Request to Speak forms for Public Comments or items listed on the Consent Calendar may 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 may be submitted to the City Clerk rp for to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. Name: 1J. a P hone Number: ( If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. , REQUEST TO SPEAK CITY OF TEMECULA IYM� \ 0 Date: q g ` I wish to speak on: Public Comment Circle O e: CITY COUNCIL/ SD!SARpA/THA/TPFA S biect: + l l o Agenda Item No. For F-1 Against El Request to Speak forms for Public Comments or items listed on the Consent Calendar may 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 may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. C I � /'` Name: MI Email address: L ,C If you are represenqn an organizati n 4r_group, please gi a th name: �Ir,ttiP OA }t�?PG� � tU�� rVl Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. i REQUEST TO SPEAK CITY OF TEMECULA � Date: I wish to speak on: Public Comment Circle O C D/ SARDA/THA TPFA Subject: ] JL&t c L- F'Z�V e- l t Agenda Item No. For Against Request to Speak forms for Public Comments or items listed on the Consent Calendar may 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 may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. Name: 1 `"'r4 Phone Number: Address: - Email address: &fit. Co " If you are rgpresenting an organization or group, please give the name: t ii 64s k- t�2Q-""T 5 Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. REQUEST TO SPEAK OG CITY OF TEMECULA Date: S I wish too speak on: }� Public Comment Circle One: CITY COUNCIL/CSD/SARDA I THA/TPFA Subject: ❑ Agenda Item No. A49-- For ❑ Against Request to Speak forms for Public Comments or items listed on the Consent Calendar may 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 may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record.. , / Name: AVCI a (� _ (.(.lJ� — ice"" - n;O Phone Number: Address: % Email address: If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. 9/4/2017 To: Members of the City Council of Temecula Subject: Generations Linfield Village Dear Temecula City Council Members, I am writing in support of the new development "Generations Linfield Village." I have been a resident of Temecula for 22 years and live in the Villa Avanti HOA. My address is 1 fully support this new and needed Senior Citizen village adjacent to where I live.There is limited senior housing in Temecula which means that when our loved ones get old we often need to relocate them many miles away from us. The project will offer all phases of Senior care which means we can keep our loved ones closer to us through the many phases the elderly go through. Please see that this project moves forward in support of the needs of the elderly. Sincerely, KevLw Yate,s- Kevin Yates Phone September 5, 2017 To: Members of the City Council of Temecula Subject: Generations Linfield Village Dear Temecula City Council Members, I am writing in support of the new development "Generations Linfield Village." I have been a resident of Temecula for 4 years and live in the Villa Avanti HOA. My address is: and my only access to/from my residence is on Rancho Vista. I fully support this new and needed Senior Citizen village adjacent to where I live. We hear from friends, parents, and neighbors that would prefer their elder family members to be nearby here in Temecula, but there is not a senior village like this in-the Temecula Valley. The Generations village campus will be a beautiful open park- like area that blends nicely into the Linfield Christian School campus with charming landscaping. It will be an asset to the neighborhood and to the community. Please see that this project moves forward in support of the needs of the elderly and their Temecula families. Sin , ilk ari s er4 4-D 1A I Ccx-vxZ Randi Johl From: Randi Johl Sent: Tuesday, September 05, 2017 1:22 PM To: Aaron Adams; Greg Butler; Peter Thorson; Maricela E. Marroquin (MMarroquin @rwglaw.com); Luke Watson Subject: Citizen Correspondence - Truax Attachments: Letter to City_Council re Truax_Hotel_Project.pdf MCC and staff—fyi, citizen correspondence regarding Truax item on tonight's council agenda. It has been made a part of the record. Randi Johl,JD, MMC City Clerk, City of Temecula Legislative Director, California City Clerks Association ran di.jo hl(d)te mecu I aca.gov 41000 Main St, Temecula, CA 92590 M yo A PO or Community Pride Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. From: Lori Johnston [mailto:Uohnston @jacksontidus.lawJ Sent:Tuesday, September 05, 2017 1:09 PM To: Randi Johl<randi.johl @temeculaca.gov> Cc: Eric Jones<eric.jones @temeculaca.gov>; Peter Thorson <pthorson @rwglaw.com>; Paula Baeza <PBaeza @rwglaw.com>; MMarroquin @rwglaw.com Subject:September 5, 2017 City of Temecula City Council Agenda Item No. 16, Truax Hotel Project Ms.Johl, Would you please see that the attached correspondence from Ms. Staples is distributed to the appropriate City Council members prior to tonight's meeting? If you have any questions, feel free to contact me. Thank you. Lori Johnston Legal Assistant to Michele A. Staples, Gregory Powers, Eddy Beltran and Sarah Weinberg hoh nston @iacksontidus.law D:949-851-7657 17� Jackson Tidus 2030 Main Street, 12th Floor Irvine,CA 92614 0: 949.752.8585 F:949.752.0597 w ww.j a c k s o n t i d u s.l a w 1 , This message is intended only for the designated recipient(s). It may contain confidential or proprietary information and may be subject to the attorney-client privilege or other confidentiality protections. If you are not a designated recipient, you may not review, copy or distribute this message. If you receive this in error, please notify the sender by reply e-mail and delete this message. Jackson Tidus is a recognized Partner in ABA-EPA's Law Office Climate Challenge 2 Jackson Tidus A LAW CORPORATION September 5, 2017 Direct Dial: 949.851.7409 Email: mstaples @jacksontidus.law Reply to: Irvine Office File No: 9469.125339 VIA E-MAIL Honorable Mayor and City Council Members c/o Ms. Randi Johl, City Clerk City of Temecula 41000 Main Street Temecula, CA 92590 Re: September 5, 2017 City of Temecula City Council Agenda Item No. 16, Truax Hotel Project ("Project") Dear Honorable Mayor and City Council Members: We represent Front Street Land, LLC ("Front Street Land"), the owner of land at the northeast corner of First Street and Old Town Front Street in the Old Town Specific Plan ("OTSP") area within the City of Temecula ("City"). The land owned by Front Street Land includes fee ownership of approximately 6,550 square feet of Old Town Front Street from which the existing Downtown Core/Hotel Overlay ("DTC/HO") designation is proposed to be relocated to the site of the proposed Truax Hotel as part of the Project's specific plan amendment; that is, more than 10% of the Project's 61,659 square foot relocation area. This letter is submitted in connection with the City Council's consideration of the Project, including the related specific plan amendment, and Subsequent Environmental Impact Report ("SEIR"). We request that the hearing be continued to provide an opportunity for the City and Front Street Land to resolve the ownership and consent issues discussed below and in our prior comments on the Project. The City Council resolutions for the Project include a procedural finding that the Project applications were filed in a manner in accord with the City of Temecula General Plan and Development Code. However, the Project applications did not comply with the Development Code's requirements. The City's Municipal Code requires that a specific plan amendment application include "a statement indicating that the applicant is owner of the property or is the legal representative of the property owner(s)." (City Code, § 17.03.030(C)(2)(d).) Likewise, the City's form of Land Use Amendment application, which is required to modify a previously approved section of a zoning designation or to process a specific plan amendment, must be signed by the owners of property involved in the application to certify their authorization and consent to the filing of the application. The Project proponent is not the owner of the property on which the existing DTC/HO designation is being relocated to the Truax Hotel site and did not obtain Front Street Land's consent to serve as its legal representative in filing and processing the Project applications. As a result, the City Council cannot adopt the finding that the Project applications were filed in accord with the City's Development Code. Irvine Office Westlake Village Office 2030 Main Street, 12th Floor 2815 Townsgate Road, Suite 200 www.jacksontidus.law Irvine, California 92614 Westlake Village, California 91361 t 949.752.8585 f 949.752.0597 t 805.230.0023 f 805.230.0087 Honorable Mayor and City Council Members September 5, 2017 Page 2 Contrary to the City's application requirements, Front Street Land was not informed of the Project until it received public notice of' the comment period on the Project's Draft SEIR. Front Street Land immediately contacted the City to request information about the Project. In emails responding to Front Street Land's questions, the City incorrectly said that the 61,659 square foot portion of the existing DTC/HO being relocated as part of the Project's specific plan amendment would not be taken from privately-owned parcels, and included a map that incorrectly noted Front Street Land's property boundaries. (See SEIR, Comment Letter #7 at Exhibit A [Emails dated May I and May 10, 2017, from Mr. Eric Jones to Mr. James Mashburn.) In our June 14 comment letter, we informed the City that a portion of Old Town Front Street involved in the Project's Hotel Overlay relocation is owned in fee by Front Street Land. The City's SEIR response to our comment letter generally confirmed that "Portions of Old Town Front Street are owned by the adjacent lot owner, subject to a right of way easement held by the City", but did not otherwise acknowledge Front Street Land's ownership interest. Instead, the City's SEIR response simply "noted" the information for the record and provided it to the City "for consideration". }-laving received no further response from the City before receiving notice of the Planning Commission's hearing on the Project, we submitted a second letter dated August 15 informing the Planning Commission that a portion of Old Town Front Street involved in the Project's Hotel Overlay relocation was owned in fee by Front Street Land, and attorney Nedda Mahrou of ouroff-ce appeared at the August 16 hearing. City staff assured the Planning Commission at the August 16 hearing that the Old Town Front Street ownership questions would be resolved before the Project is considered by the City Council. A title report was obtained by the City Attorney only last week (see Attachment) confirming Front Street Land's fee ownership of Old Town Front Street from which the existing DTC/HO is proposed to be relocated as pail of the Project, subject to a public road easement held by the County of Riverside. The City met with Front Street Land on August 30, 2017, to discuss ownership and consent issues and the adverse impacts that have resulted to Front Street Land from the Project's failure to follow the City's application requirements. These impacts include impairment of Front Street Land's due process rights, and expenditure of significant time and other resources as necessary to clarify and correct the inaccuracies and in the Project record. We request continuance of the City Council hearing on the Project to provide an opportunity for the City and Front Street Land to amicably resolve these concerns. 2. Confirmation Regarding Full Service Hotels on Land Remaining in the Original DTC/HO Zone. The City's Old Town Specific Plan allows development of "Full Service Hotels" up to eight (8) stories high in the DTC/HO zoning district. Our June 14 comment letter noted that the SEIR was confusing in that it said the DTC/HO designation allows "a" Full Service Hotel by right. We asked for the City to correct the SEIR language to clarify that the Truax Hotel was not the only, Full Service Hotel allowed in the DTC/HO district and that other Full Service Hotels Honorable Mayor and City Council Members September 5, 2017 Page 3 could be constructed on land remaining in that district. However, the City's SEIR response did not correct the error. Instead, the SETR response said that the Old Town Specific Plan would still permit the development of "another hotel" on property that will remain within the DTC/HO zone. As a result, we submitted a second letter dated August 15 reiterating our request for correction of the record to confirm that other Full Service Hotels were allowed in the DTC/HO zone, not just other "hotels", and Nedda Mahrou of our office appeared at the August 16 hearing. We thank the City staff for confirming on the record of the Planning Commission hearing that more than one Full Service Hotel may be developed within the DTC/HO zone and that approval of the Project does not restrict development of another Full Service Hotel within the area originally zoned DTC/HO. If Front Street Land had been afforded the procedural protections of the City's application requirements (namely, that the property owner must consent to the processing of land use applications involving their property), the time and resources that Front Street Land spent clarifying and correcting the inaccuracies in the Project record could have been avoided. Front Street Land appreciates the opportunity to raise the points above in connection with the City Council's consideration of the Project, and respectfully requests that the City Council include this letter in the administrative record for the Project and SETR. Front Street Land requests that the City Council continue its hearing on the Project to provide an opportunity for these concerns to be amicably resolved. Very truly yours, Michele A. Staples cc: Mr. Eric Jones (w/Attachment, via email eric.jones @temeculaca.gov) Peter M. Thorson (w/Attachment, via email PThorson @rwelaw.com) Paula Gutierrez Baeza (w/Attachment, via email pbaeza @rwelaw.com) Maricela E. Marroquin (w/Attachment, via email MMarroquin @rwglaw.com) i , I j Chicago Title Company 2365 Northside Drive,Suite 600,San Diego,CA 92108 Phone: (619)521-3500 • Fax: (619)521-3608 h i Issuing Policies of Chicago Title Insurance Company ORDERNO.: 00076998-993-SD2-CFIJ Escrow/Customer Phone: (619)521-3500 Truax Development 41923 2nd Street Title Officer: Ken Cyr& Ntm�k Franklin Temecula,CA et Title Officer Phone: (619)521-3673 Temecula, Officer Fax: (619)521-3608 Melissa Bianco-Truax Development Email: melissa.branco n truaxdevelopment.cum Title Officer Email: TenmCyrFranlelin r�Jett,com Ref: APN:922-072-023-3 PROPERTY: OLD TONN FRONT SF.,TENIECIILA,CA FiRST AMENDED PRELIMINARY REPORT In response to the applicaion for a policy of title insurance referenced herein, Chicago Title Company he eby reports their it is prepared to issue, or cause to be issued, as of the date hereof,a policy ar policies of title insurance describing the land and Ilve estate of intere,sl/herein hereinafter sel forth, insuring against loss nvhich may be sinstained by reason of ally defecl, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed .Schedules, Conditions and Stipulations at Conditions ofsaid policy forms. The printed Fcceplians and Lvchisions from the coverage and Limitations on Covered Risks of said policy or policies are set faith in Attachment One. The policy to he issued may contain an arbitration clause. When the Amount of Insurance is less than that sel tbrtli in the orbit ation clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured cis the exclusive remedy of the parties, Limitations on Covered Risks applicable to the CLTA and :ILIA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a rbfaxininm Dolla Limit of Liabilip,Jor ceilain coverages are also sel forth in Attachment One. Copies of the poticyforins should be read They arc available,f oin the gfftce which issued this report. This report (mid airy supplements at- amendments hereto) is issued solely for the Impose of facitimting the issuance of a policy of title insurance and no liability is assumed hereby. !fit is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder a Commitment should be reyuesled. The policy(,) of title insurance to be i.ssned lheeunder will be policy(s) of Chicago Title Innunnce Company, a Merida corporation. Please read the ecceplions shown of referred to herein and the eecepilons and exclusions.se!forth in AI(nclmient One of this report carefully. The ecceptlons atirl evchisions nee nheaet to provide yogi with nalice of nutiteis which nee trot coverer) tarter the terns of the title Insurance policy and should be carefully con.sirlered. II is imporlrrut!o note Ih n!this prelbninm3�report is Walt n written representulion as to (lie condition of title and mu.),not list all liens,defects and encumbrances affecting title to tie land, Chicago Title Company av k �:',� Rind euuY Ri axfam By: Authorized Signature �- t.a,raeh Gm:eur.sc<uhen CLTA Prelintinmy Report Form—Modificd(11/17/06) Page I I Chicago Title Company r�axa - 2365 Northside Drive,Suite 600,San Diego,CA 92108 Phone: (619)521-3500 • Fax: (619)521-3608 j l l PRELIMINARY REPORT EFFECTIVE DATE: -July;4 2017[at 7:30 a.m. ORDER NO.: 00076998-993-SD2-CFU The form of policy or policies of title insurance contemplated by this report is: -A Preliminary Report Only I. THE ESTATE. OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: VIRGINIA J. MASON, as Trustee Under Declaration of Trust dated September 6, 1979,.subject to Item 4 herein,as to an undivided 50%interest; And FRONT STREET LAND,LLC,n California limited liability company,ns to an undivided 50% interest 3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS: See Exhibit A attached hereto and made a part hereof. CCTA Preliminary Report Form—Modified(11/17/06) Page 2 i PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE: APN:922-072-023-3 ORDER NO.: 00076998-993-SD2-CFIJ EXCEPTIONS (Continued) 7. Matters which may be disclosed by an inspection and/or by a correct ALTA/NSPS Land Title Survey of said Land that is satisfactory to the Company,and/or by inquiry of the parties in possession thereof. 8. Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not disclosed by the public records, The Company will require, for review, a full and complete copy of any unrecorded agreement,.contract, license and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title insurance without excepting this item from coverage. The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents. 9: Easement(s) for the purpose(s)shown below and rights incidental thereto as delineated or as offered for dedication, on the map of said t.ract/plat; Purpose: Public.Road in,favorof the,County of.Riverside PLEASE REFS R'r0'PHE"I NFORNIATIONA L NOTES"AND°R EQU I REM EN'PS"SEC7-IONS WHICH FOLLOW FOR INFORMATION NECESSARY TO COM PLETE'ri I IS TRANSACTION. END OF EXCEPTIONS CLTA Preliminary Report Form—Modified(11/17/06) Page 5 �� ...... . .. .... FAMiT.. ..Nil .._SrgeA t, y t� MAP OF THE TOWN OF TEMECULA / c SAN DIEGO CO. CAL. ! \ t _- r' CALIFORNIA SOUTHERN RAILROAD. z.o-.�san m.Turn -:.y�^•-.r�.s�.+:-...—.A .f+,�l.� 1.1`..f.11 Sir. 'Ita.^. \ r?:uu•:>`:o-r 4n�7.SC�,ivv a�1i3;c:-6i. cent Louis Ortiz Dear city counsel, My self and my wife and my 2 girls are in favor of the cypress ridge project. But my self and my neighbors do have concerns about the speeding traffic down our street . so i went to a cypress ridge meeting and met with Matthew Livingston he gave me his email and he began to address our concerns about the traffic. I then spoke with the city planning department and my neighbors asked for speed bumps but was advised that was not possible but that a radar traffic sign could help so i spoke with Matthew and he got in touch with the city engineering department and let them know that they would be fine paying for that i was hoping to be here tonight to speak on this but was unable to get off work in time . thank you in advance i will also sending Mathew a copy I hope this helps with getting that speed limit sign for our neighborhood . If you have any questions for me please don't hesitate to contact me It been a pleasure working with Mathew over the last three months with our concerns and i feel that this project will be a great benefit to our city and neighborhood Louis Ortiz Sent- -�o X11 �ounci RandiJohl From: RandiJohl Sent: Tuesday, September 05, 2017 1:57 PM To: Rick Carlyle Cc: Aaron Adams; Matt Rahn Subject: RE: Proposed Cypress Ridge Development Hi Rick—your correspondence was received for the record. Thank you. Randi Johl,JD, MMC City Clerk, City of Temecula Legislative Director,California City Clerks Association randi.iohl(aa�.temeculaca.gov 41000 Main St,Temecula, CA 92590 0 ,, o • Community Pride Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. From: Matt Rahn Sent:Tuesday, September 05, 2017 12:09 PM To: Rick Carlyle<socalspeedengineering @yahoo.com>; Randi Johl <randi.johl @temeculaca.gov>;Aaron Adams <aaron.adams @temeculaca.gov> Cc: Matt Rahn<matt.rah n @TemeculaCA.gov> Subject: Re: Proposed Cypress Ridge Development Good afternoon Rick, Thank you for your correspondence on the Cypress Ridge project. I'm also cc-ing our City Clerk to make sure that your comments are part of the public record. I understand your concerns regarding parking and overflow. I'm looking forward to discussing this further this evening at the Council Meeting. Best, Matt Matt Rahn, PhD, JD Mayor Pro-Tem City of Temecula matt.rahn(cDTemeculaCA.aov Phone (951)694-6416 Cell (951)239-7954 41000 Main St,Temecula,CA 92590 .1 Z.Haut of Sow,✓.d�o.,,la '.vro CwnL•v 1 Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. On Aug 31, 2017, at 6:11 PM, Rick Carlyle <socalspeeden ing eerinpkyahoo.com> wrote: Dear Council Member Rahn, I wish to state my opposition to the proposed Cypress Ridge Development located at the intersection of Pechanga Pkwy. and Loma Linda Rd. The developer has apparently designed the project to maximize the number of dwelling units in the available space without due regard for the surrounding community. There is inadequate parking because each unit has only two garage parking spaces, there are no driveways in the entire project, and there are only 130 on-site parking spaces for the proposed 245 units, the equivalent of about 1/2 additional space per dwelling unit. This equates to about 2 112 parking spaces per unit, a wholly unrealistic number. There will be parking on Temecula Ln., but it will be inadequate to handle the overflow. This leaves the Mahogany neighborhood of Wolf Creek, Muirfield Dr., and Canterfield Dr.to absorb the overflow. I respectfully urge you to vote no on Tuesday, the 5th, and not allow this development to be built as proposed. Sincerely, Richard and Linda Carlyle 2 Offices of M� iller, Rivera, Catlin P.O. Box 1341 Elsinore, California 92531 Traux Hotel 2017 September 5, 2017 An injury to Temecula is an injury to us all. Because we are downwind of the worse traffic in the area causing the worse traffic to Elsinore or Rainbow or French Valley and if you think the Western by pass is going to help, think again after you fill it up with Altair and the other apartment infill projects that you lawlessly approved. A 6 story hotel with basement and 219 stall parking garage on 1.8 acres is a unrecoverable high density injury. I thought basements weren't allowed due to digging and quaking issues. a. Adding a 151 room hotel will add up to 2000 car and truck trips if there are events that could cause 500 plus people. That is too many cars to add to the traffic that moves very slowly thru the downtown old Town and around the on and off ramps. Such increase in traffic declines the speed of exiting and entering the Freeways and decreases your arrival and entry times returning to your homes. b. Butterfield Square is like Laguna Beach International Artists Enclaves. Painters, gold smiths, original jewelry makes, South Western Photographers had studios in the Butterfield Square. There were also Ballet Studios and Attorney offices. Butterfield Square did create jobs for neighboring citizens not people driving in from Escondido or Riverside for jobs. We want this demolition repealed and the building restored to former condition. C. "The proposed project would require approval of a Specific Plan Amendment (SPA) to the OTSP Old Town Specific Plan in order to relocate a portion of the Hotel Overlay (HO) that is currently sited approximately 200 feet southeast of the project location. The SPA would relocate approximately 61,569 SF of the DTC zoning district at the intersection at First Street and Front Street" which means the city amended their own General and Specific Plan and why did they bother with a plan when, they are shredding it. d. Because Mr. Morris, the architect of Butterfield Square is a significant contributor and legendary figure in Temecula History to many artistic structures and employed the Western theme of many buildings removing these structures that he designed and built removes them from their intended attachment to the resource and destroys Historical aspects of the ambience of the town and violates CEQA History channels in the California Register. Butterfield Square is an important associated component on the Stage of Historical Shopping Centers and Office Buildings of Temecula. Temecula Valley Historical Society has found many artifacts, structural materials, and columns that are over 50 years old and add up to the whole as a Historical Building. Mr. Morris collected used wood and sculpting decorative pieces to add to the building which are not readily removed as they were built into the building. 1. The windmill is from the oldest house in Murrieta, the Doolittle House 1 2. The boardwalk and porch railings are from Same Fe Depot in San Bernardino 3. The wheel of the telescope was used by Albert Einstein. 4. Intact tin ceilings were from the Alberhill Post Office. 5. Structural wood from Palm Springs banisters from Elsinore Hotel 6. Street Lamps were from eartly1900 Los Angeles Streets The sum of its historical parts are greater than the whole and are enough to register Butterfield Square in the Historic Resource Assessment as a Historic Building. e. The actual plan of the Hotel employees no reused materials and appears to have no set back, just flush with the sidewalk further destroying the visual contact with the environment. It is a white Spanish tile rendering in the middle of Western architecture. It has palm trees in the plan further reminiscent of Palm Desert or Mecca not Temecula. Butterfield Square is what belongs on the property. f. The dredged Channel of the Santa Margarita River will not be enough for fast moving water from this expansive project which has slanted roofs that will cause powerful nm off This project needs clearance of the Clean Water Act No. 21000 year in the event of a 100 year flood. g. Could fire trucks access the building fast enough in the usual chaotic traffic on Main Street? First Responders will be slowed down graphically answering Emergency calls. h. This building will add permanent noise for air conditioning compressors, delivery trucks, event noise and traffic noise not to mention the construction noise. No amount of 8 foot sound fences will stop this decilabolic increasing chaos. i. How could there be compliance with the recent version of the California Storm water Quality Handbook for construction if there will be runoff from the many cars and trucks flooding into Temecula 24/? How can the EMWD claim there is enough water to supply another hotel/ because capitalism says that a will serve notice gives them more money irregardless that the sources from local wells, aquifers, the Colorado River have not been replenished from an eleven year drought. h. Complaints about how much time and money was spent on developing this project has no bearing in mitigating Environmental, Traffic Circulation , Greenhouse gases emissions. A project that is wrong is wrong and recovery from permit fees should be the only status of this project.. We have all made a project that had to be abandoned and this one must be. i. How can water conservation be implemented when 300 plus showers are being taken a day in the middle of Temecula with the drain from imported water from 2 Metropolitan Water and the Colorado River unless purple pipe recycled water is what you are bathing in, cleaning the kitchen, and drinking? Temecula has underground wells which will be further impacted by run off and all drainpipes need to be retrofitted with filter systems. j. Best Management Practices can not happen as long as a vehicle that is powered by fossil fuels is in the vicinity for construction or for delivery or people drove and reserved a hotel room because Old Town is in a valley that is a catch basin for the heavy metals from pollution. You can smell the pollution from the cars that overcrowd Main Street all day. Old Town is a gas chamber and does not need another contributor of nitrous oxide, heat, sulfur dioxide, Carbon dioxide, and the gasses and solids of benzene Class A epidemiological, carcinogenic chemical from the burning of fossil fuels shown in studies of air pollutants. If Temecula City Council tries to make any more building of any kind in Temecula, they need to be escorted off the dais and into the private sector never to run for public office again! Old Town Temecula is a work of art using the modern philosophy of remodeling with reused artifacts, foundational material, lighting and beam infrastructure and possesses none of the toxic substances of modern epoxies and installation. We are not going to stand by and allow you to demolish a place worth touring and creating more jobs in the tourism than you are going to have in the hotel. Butterfield Square should be giving docent tours not proposing demolition. Assemblyman Dave Kelly gave the Building a Plaque for outstanding contribution to Temecula and America's Heritage 3 Offices of Miller, Rivera, Catlin Sept. 5, 2017 P. O. Box 1341 Elsinore California Temecula Cypress 17.1 EIR SCH No. 2016051073 Isn't this the 22 acres that were stopped by citizens for an apartment project Bella Linda Vista, and, now, the developers have come back for another major storm water runoff Project next to a channel that might possibly be filled up by too much development in Temecula. Cypress would really lock down Pechanga Parkway for any more open green space. It would just be totally over for any Visual restfulness,just row after row of roof tops. Give the massive pavement a break and leave this 22 acres for breathing. Now, the attempt is how many houses per acre? Thru mixed use there will be 245 units for Habitation including 79 detached cluster units, 63 attached cluster units, 103 duplex/triplex units. Too many. Just deed this to the Riverside Habitat Conservation Agency and leave it alone. There is no visual enhancement here. There will be attached houses blocking the view of the landscape and further losing touch with the visual stimulation of vegetation and open space. A few Oaks with No Project on this 22 acres would be visual enhancement. a. Sparrow hawks, coyotes, killdeer bird, burrowing owl habitat, Western Whiptail Lizard, Red Tailed Hawk, Stephens' Kangaroo Rat have potential to nest or inhabit this type of Plant Community, hydrology, terrain. b. The site contains a ruderal community that houses endangered plant species and forbes or flowering plant species. c. What will accommodate more traffic? Nothing can. Not Western or Eastern Bypasses or trolley's or trains. Development must be stopped. Temecula is at capacity and quality of life is unaccomadatable. d. The 1-15 and Temecula Parkway ramps will be significantly impacted by the addition of employees at the facility departing for home. e. The timing plan of Temecula Parkway for light traffic signals and Adaptive TRAFFC SIGNALS is already being attempted and is not keeping the traffic moving in a timely manner. f. This is a full build out area and if First Responders have to reach a victim,then,they will slowed down by more traffic. g. Theoretically, Rancho Water thinks it can provide for another water draining tract housing when it isn't predicted to fill up the Temecula aquifers in the 2017 fall 2018 winter as much as last year. h. This project will have need of more public services or overcrowd the ones we have such as police, fire, libraries, parks, schools. 7. i. Is the drainage channel adequate to handle the storm water runoff now and if more storm water builds up will it become at capacity? Will Temecula Creek flood in the 100 year flood. If strange flooding can occur in Houston it can occur here after rain that has been left in the upper atmosphere finally lets go in huge punishment from the Creator for the poor planning of Temecula Planning Department that has to say no to Developers. Do not be afraid. What judge in their right mind would allow a developer to sue Temecula with all the evidence from the weather impacts of the heat of traffic coming from Southern California? We don't want to be undulated like Houston. j. How could this project provide a high quality community when the traffic and pollution on Temecula Parkway is enough to buya home in another state. k. How can you declare 12 units per acre to be Medium Density. This is high density and was defeated once and will be defeated again. I. You would have to be an expert truck driver to fit your car in these easements. Why do developers keep trying to fit so much on such small amounts of land. m. They say they have squeezed 620 spaces for parking. I don't see it. and there appears to be one entrance..... nothing for an emergency. n. Apartment glare from night lights is always too much and no access to turning it off. Another contribution to conflict with night skies and add to light pollution. o. This project will have a significantly negative effect on scenic vistas and Substantially remove rock out croppings, trees, spring grasses..... p. Temecula is located in the South Coast Air Quality Management District and retains ambient concentrations of pollution until it is blown slightly East and into everyone's lungs. Old Town is a pollution bowl with people unable to envision parking outside the town and walking in. The last impact Temecula needs is more fugitive dust from another development project violating SCAQMD Rule 403 which attempts to control fugitive dust and absolutely is broken becaseu South Coast stands for development not stopping projects. q. The CDFW, CNDDV, AND WRC MSHCP identify 8 sensitive plant species as occurring in proximity to the project. r. Run off from leaking cars will add to all the other cars in the area and impact Temecula Creek a Traditionally Navigable WaterbodyTNW. 2 1 b.Mi1ICV� Temecula Generations Offices of Miller Catlin, Rivera September 5, 2017 18.1 17-14 090517 NOPH Generations Project PA-18-1885 The land shall not be sold in perpetuity, for the land is mine. Leviticus 25:23-24 Quit allowing the and to a sold to developers who obliviously do not care what they put up or where they place such buildings. This hearing is in violation of the printed material already on the web and maybe on the sign because it says that this was supposed to be Sept. '12, 2017 and you moved it to an adjourned meeting. The only adjournment is Councilmen in their right minds. This is a beautiful open field facing Pauba and extends to Rancho California and shouldn't be turned into 317 rooms for Elder Citizens. Many of whom have more family back East and others who have no family and all of which can live back East in a remodeled building not in California. This state is struggling to keep its heat emissions down and keep droughts away. It can't, if it uses massive building supplies trucked in to Temecula for more building in diesel powered trucks for a year or more to build this huge building over 493,000 square feet of Environmental damage. That is the size of a large distribution Center. Since Mike Naggar dumps DCs on Perris all the time, then, it makes since anything as inappropriate as this is happening in Temecula. I can't believe that you would declare this not having an effect upon the Environment when it takes so much mortar and aggregate to build such an magnimous assisted living warehouse. This building will reflect off into the upper atmosphere from its size and heating and cooling units. Heat will be generated from the traffic from visitors and nurses and employees will add 2500 cars and trucks to Pauba and Rancho California Road that is fairly immobile on the weekends and a horse could go faster. What kind of drugs do developers take that they would downsize the quality of life in their own back yard and in a wealthy City like Temecula. a. The developer doesn't think much of the Elders parking a retirement home next to High Schools with band practice and football events. b. This field provides sequestering of CO2 and output of oxygen and has trees on the North side. c. Where will all the debris go that these facilities generated. Isn't El Sorbrante at capacity. d. Isn't there a forest on the North East side of the property that would. It is difficult to tell where the two high schools are in relationship to the property. If there are trees that opens new issues for US Waterway and Wetland violations of building next to a stream. e. This project makes many species homeless. Because Temecula is over built we need to leave habitat for its supporting species that keep rodent populations under control and house insects and provide cooling from vegetation evaporating. Temecula is like a collective Heat Island with heat rising from the over housing and malls and freeways. 1 f. This does appear to have potential for Burrowing Owl Habitat and other EIRS have suggested mulefat scrub is present in the area and more possibility because of so much development in the area providing slightly moist soil for vegetation. So increased and held moisture provides important reservoirs for Native Plant Diversity. g. This site is either in the Temecula Creek geographic location and Proposed Constrained Linkage 14. And will further downsize Wildlife corridor Linkage because of concrete. h. There are some trees that qualify in The Heritage Tree Ordinance of the municipal code of Temecula Code, and, therefore, must be preserved where they are. i. This land is located in the Elsinore Trough between the Wildomar fault and Willard fault (CHJ 2003) j. Potential for Mexican Elderberry and Native Cottonwood seeds and trees. k. The moving of Earth on the site would cause sinnificatn erosion and mud onto roads including Pauba and Rancho Vista. I. Has this project filed a California Green Building Plan and plan to reduce 3 MM of GHG emissions. m. How could this project comply with CAP County Climate Action Plan of Riverside County or the WRCOG's Subregional CAP Climate Action Plan. The only such plan would be remodeled in an already built building next to accurate mass transit in another state. No amount of employees in carpools or Electric trucks delivering food will decrease the surge in traffic that a 300 room facility will generate. n. City of Temecula adopted the Sustainability Plan in 2010 and suggests reduction in waste, conservation of water and energy, increases open space, promotes better air quality and gives us better mass transportation. None of this is possible if the city permits building anything. We cannot create open space so leave this field alone. We cannot allow more traffic and employees coming in from other cities and think there is anything sustainable about construction. o. This will add heavy buildings to the geologic hazards from a major ground shaking from the Priolo-ALOQUIST Earth Fault. p. This is a valuable open space that does not need another building. The terraced areas will be difficult to prepare for buildings and will create more diesel emissions and noise because it will take longer than a flatter terrained area. 2