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HomeMy WebLinkAbout17-35 PC Resolution PC RESOLUTION NO. 17-35 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA ADOPTING A MITIGATED NEGATIVE DECLARATION, AND MITIGATION MONITORING AND REPORTING PROGRAM FOR A DEVELOPMENT PLAN APPLICATION FOR THE CONSTRUCTION OF AN APPROXIMATELY 13,375 SQUARE FOOT ART GAITAN'S MEXICO CAFE RESTAURANT ON A 2.61 ACRE VACANT LOT GENERALLY LOCATED APPROXIMATELY 1,300 FEET SOUTH OF THE TEMECULA PARKWAY AND PECHANGA PARKWAY INTERSECTION EAST OF PECHANGA PARKWAY AND A CONDITIONAL USE PERMIT TO ALLOW FOR A TYPE 47 ABC LICENSE (ON-SALE GENERAL BEER/WINE/DISTILLED SPIRITS) APN 961-440-015 (PA14- 0155 & PA17-1235) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On July 15, 2014, Curtis Lively filed Planning Application No. PA14-0155, a Development Plan and Planning Application No. PA17-1235, a Conditional Permit Use Application (collectively, "the Project'), 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 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. Pursuant to the 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. F. 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 May 2, 2017, and expired on June 1, 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 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. G. Ten 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. One additional comment was received after the comment period was closed, but it was nonetheless included in the Final Mitigated Negative Declaration even though it was not required to be included. Section 2. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of Planning Application No. PA14-0155, a Development Plan Application and Planning Application No. PA17-1235, a Conditional Use Permit Application. A. The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration prior to and at the September 6, 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. B. Based on the findings set forth in the Resolution, the Planning Commission hereby adopts the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program attached hereto as Exhibit "A" and incorporated herein by this reference. Section 3. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 6th day of September, 2017. John Telesio, Chairman ATTEST: a Z't" Lu e 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. 17-35 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 6th day of September, 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 MITIGATION MONITORING PROGRAM Art Gaitan's Mexico Cafe Development Plan MITIGATION MONITORING AND REPORTING PROGRAM PROJECT NAME: Art Gaitan's Mexico Caft Development Plan PROJECT MANAGER: Brandon Rabidou,Assistant Planner,City of Temecula PROJECT DESCRIPTION: The project addressed in this IS/MND consists of all actions related to the design and construction of a 13,375-square-foot restaurant named Art Gaitan's Mexico Cafe on an existing disturbed 2.61-acre vacant lot. PROJECT LOCATION: The proposed project is generally located in Temecula approximately 1,300 feet south of the Temecula Parkway and Pechanga Parkway intersection at APN 961-440-015. INTRODUCTION: This document is the Mitigation Monitoring and Reporting Program(MMRP)for the Art Gaitan's Mexico Cafe Development Plan.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,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(IS/MND),lo 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 Art Gaitan's Mexico Cafe Development Plan DATE SOURCE MITIGATION MEASURE TIMWG MONITORRIG COMPLETED SIGNATURE AesTHETIcs Draft IS/MND Aesthetics Miti¢ation Measure 1(AES-1) Prior to Construction City of Temecula Section 3.1- Public Works Aesthetics Prior to construction,the City shall define the temporary construction equipment staging areas to be used within the project site.Materials, Department/Planning heavy-duty equipment,and debris piles shall be clustered in order to minimize visual impacts during construction and will be located as far away from the MSHCP Conservation Area as possible to the maximum extent feasible. AIR QUALITY Draft IS/MND Air Quality Mitigation Measure 1 IAO-11 Prior to the issuance of City of Temecula Section 3.3-Air any grading permit Public Works Quality Prior to the 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 will 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 nontoxic 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 nontoxic 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 a rock berm DATE SOURCE MITIGATION MEASURE TIMING MONITORING COMPLETED SIGNATURE 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. • Trucks associated with soil-hauling activities shall avoid residential streets and utilize City-designated truck routes to the extent feasible. BIOWGICAL RESOURCES Draft IS/MND Biobeical Resources Miti¢ation Measure 11510-11 Prior to the issuance of City of Temecula Section 3.4- any grading permit Public Works Biological Pursuant to the MSHCP Urban/Wildlands Interface Guidelines, the Resources following design guidelines shall be incorporated into the project: Department/Planning 1.The project's stormwater will be directed to a stormwater basin on the project site.The basin will be designed in accordance with all federal, State, regional, and local standards and regulations concerning water quality. 2.The project shall ensure that the application of chemicals(cooking oils, pesticides, herbicides) does not result in discharge to the MSHCP Conservation Area.During construction of the project,the contractor shall stage construction operations as far away from the MSHCP Conservation Area as possible to the maximum extent feasible. 3.The project shall use light sources designed with internal baffles to direct the lighting toward the ground and developed areas,and have a zero side angle cut off to the horizon.All lighting will be consistent with Riverside CounWs Light Pollution Ordinance(Ordinance No. 655). 4.No invasive plant species listed in Table 6.2 of the MSHCP will be included in the project's landscaping plant palette.Final landscape plans will be reviewed and verified by the Western Riverside County Regional Conservation Authority for consistency with the plant species list in Table 6.2 of the MSHCP. 5.The project shall include barriers to restrict direct access to the MSHCP Conservation Area from the project site by unauthorized public access or domestic animals. Consistent with the MSHCP, suitable barriers include native landscaping, rocks/boulders, fencing,walls,signage,and/or other appropriate mechanisms.The DATE SOURCE MITIGATION MEASURE TIMING MONITORING COMPLETED SIGNATURE barriers shall be placed within the boundaries of the development and will be outside of the confines of the open space/MSHCP Conservation Area, 6. Manufactured slopes associated with site development shall not extend into the MSHCP Conservation Area. Draft IS/MND Biological Resources Mitigatlon Measure 2(810-2) Prior to/During City of Temecula Section 3.4- Construction Public Works Biological Where feasible,construction shall occur outside of the avian breeding Resources season(generally January 1—Augu5t 30).If construction occurs during Department/Planning the avian breeding 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 survey 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 the US Fish and Wildlife Service and/or the California Department of Fish and Wildlife. 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)and may be reduced with approval from the U.S. Fish and Wildlife Service and/or the California Department of Fish and Wildlife.To determine when nesting behaviors are finished, a qualified biologist shall monitor the nest weekly until the young have fledged and the nest is no longer active. Biological Resources Mitigation Measure 3(810-3) Prior to any ground- City of Temecula Within the 30 days prior to any ground-disturbing construction activities disturbing construction Public Works on the project site,a qualified biologist shall conduct focused surveys activities Department/Planning for burrowing owl and least Bell's vireo. for burrowing owl, surveys should be completed in areas of suitable habitat on and within 250 feet of the project.For least Bell's vireo,surveys shall be conducted in the riparian area of the project site as well as within 500 feet of the project site along Temecula Creek. CULTURAL RESOURCES Draft IS/MND Cultural Resources Mitigation Measure 1(CR-1) During ground- City of Temecula Section 3.5- disturbing activities Public Works Cultural A professional archaeological monitor shall be present to monitor all Resources ground-disturbing activities associated with the project. The Department/Planning archaeological monitor shall work under the direct supervision of a Cultural Resource Professional that meets the Secretary of the Interiofs DATE SOURCE MITIGATION MEASURE TIMING MONITORING COMPLETED SIGNATURE Professional Qualification Standards for Archaeology(U.S.Department of Interior,2012)and as approved by the City of Temecula to provide archaeological expertise in carrying out all mitigation measures related to archaeological resources(CUL-2,CUL-3 and CUL-5). Draft IS/MND Cultural Resources Mitigation Measure 2(CR-2) Prior to Construction City of Temecula Section 3.5- Public Works Cultural The qualified archeologist, or an archaeologist working under the Resources direction of the qualified archaeologist, along with a representative Department/Planning 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 City shall ensure that construction personnel are made available for and attend the training and shall retain documentation demonstrating attendance. Draft ISIMND Cultural Resources Mitigation Measure 3 JCR-3 1 Prior to City of Temecula Section 3.5- Commencement of Public Works Cultural Prior to the start of ground-disturbing activities, the qualified Resources archaeologist shall designate an archaeological monitor to observe Grading Department/Planning 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 tribal 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. Draft IS/MND Cultural Resources Mitigation Measure 4(CR-41 Prior to City of Temecula Section 3.5- Commencement of Public Works Cultural At least 30 days prior to the start of any ground disturbing activity,the Resources applicant shall contact the Pechanga Tribe of grading,excavation and Grading Department/Planning 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 Pechanga 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 observe ground-disturbing activities,including but not limited to, brush clearance and grubbing, DATE SOURCE MITIGATION MEASURE TIMING MONITORING COMPLETED SIGNATURE grading, trenching, excavation, and the construction of fencing and access roads,in consultation with the archaeological 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 Pechanga tribal monitor shall keep daily logs.If ground- disturbing activities occur simultaneously in two or more locations, additional Pechanga tribal monitors may be required. Draft IS/MND Cultural Resources Mitigation Measure 5(CR-51 During Construction City of Temecula Section 3.5- Public Works Cultural Resources If inadvertent discoveries of subsurface archaeological/cultural Department/Planning 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. PRC Section 21084.3 further requires that agencies shall avoid damaging effects to tribal cultural resources,if feasible. If the City, 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. Draft IS/MND Cultural Resources Mitigation Measure 6(CR-6) During Construction City of Temecula Section 3.5- Public Works Cultural The applicant shall relinquish ownership of all cultural resources, Resources including sacred items,burial goods and all archaeological artifacts that Department/Planning 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). Draft IS/MND Cultural Resources Mitigation Measure 7(CR-71 During Construction City of Temecula Section 3.5- Public Works Cultural All sacred sites,should they be encountered within the project area, Resources shall be avoided and preserved as the preferred mitigation,if feasible. Department/Planning Draft ISIMND Cultural Resources Mitigation Measure 8(CR-8) Prior to Issuance of City of Temecula Section 3.5- Grading Permit Public Works Cultural Consistent with State CEQA Guidelines Section 15064.5,Subdivision Resources (e),in the event of an accidental discovery or recognition of any human Department/Planning remains,the County Coroner shall be notified and construction activities at the affected work site shall be halted.further,pursuant to 61 DATE SOURCE MITIGATION MEASURE TIMING MONITORING COMPLETED SIGNATURE 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. It the remains are found to be Native American,the County Coroner shall notify the Native American Heritage Commission (NAHC)within 24 hours.The NAHC must immediately notify the most likely descendant(s)under Public Resources Code Section 5097.98,and the descendants must make recommendations or state their preference for treatment within 48 hours of being granted access as identified in Agreement described in Mitigation Measure CUL-4, GEOLOGY AND SOILS Draft ISIMND Geology and Soils Mitigation Measure 1 IGEO.11 Prior to City of Temecula Section 3.6- commencement of Public Works Geology and In accordance with National Pollutant Discharge Elimination System Soils (NPDES)requirements,the project applicant shall prepare a stormwater Grading Department 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. NOISE Draft IS/MND Noise Mitigation Measure 1 INOI-11 Prior to grading permit City of Temecula Section 3.12- issuance Public Works Noise Prior to grading permit issuance, the project applicant shall demonstrate,to the satisfaction of the Planning Director that the project Department 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 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. DATE SOURCE MITIGATION MEASURE TIMING MONITORING COMPLETED SIGNATURE Construction haul routes shall be designed to avoid noise-sensitive uses(e.g.,residences),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) (between 7:00 a.m. and 6:30 p.m. Monday through Saturday; construction activities are not permitted on Sundays or national holidays). HYDROLOGY AND WATER QUALITY Draft ISIMND Hydrology and Water Quality Mitigation Measure 3(GEO-11 Pnor to City of f emeCUla Section 3.9- commencement of Public Works Hydrology and In accordance with National Pollutant Discharge Elimination System Water Duality (NPDES)requirements,the project applicant shall prepare a stormwater Grading Department 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. TRANSPORTATION AND CIRCULATION Draft ISIMND Transportation and Circulation Mitigation Measure 1 ITRF-11 Prior to any trenching in City of Temecula Section 3.16- public streets for Public Works Transportation Short-term mitigation for temporary impacts to local roadways shall be and Circulation mitigated by a Traffic Management Plan(TMP)to be approved by the Pipelines Department City of Temecula Traffic Engineer prior to any trenching in public streets for pipelines The TMP shall consist of prior notices, adequate sign posting, detours (if needed), phased construction, and temporary driveways where necessary. The TMP shall specify implementation timing of each plan element(prior notices,sign posting,detours,etc.). Adequate access to and from residential areas shall be provided at all times.Proper detours and warning signs shall be established to ensure public safety.The TMP shall be devised so that construction shall not interfere with any emergency response or evacuation plans. Construction activities shall proceed in a timely manner in an effort to reduce impacts. TRIBAL CULTURAL RESOURCES Draft IS/MND Cultural Resources Mitigation Measure 1 ICR-11 During ground- City of Temecula Section 3.17- disturbing activities Public Works Tribal Culture A professional archaeological monitor shall be present to monitor all Resources ground-disturbing activities associated with the project. The Department archaeological monitor shall work under the direct supervision of a DATE SOURCE MITIGATION MEASURE TIMING MONITORING COMPLETED SIGNATURE Cultural Resource Professional that meets the Secretary of the Interior's Professional Qualification Standards for Archaeology jU.S.Department of Interior,2012)and as approved by the City of Temecula to provide archaeological expertise in carrying out all mitigation measures related to archaeological resources(CUL-2,CUL-3 and CUL-5). Draft IS/MND Cultural Resources Mitigation Measure 2(CR-2) Prior to Construction City of Temecula Section 3.17- Public Works Tribal Cultural The qualified archeologist, or an archaeologist working under the Resources direction of the qualified archaeologist, along with a representative Department 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 City shall ensure that construction personnel are made available for and attend the training and shall retain documentation demonstrating attendance. Draft IS/MND Cultural Resources Mitigation Measure 3(CR-31 Prior to City of Temecula Section 3.17- Commencement of Public Works Tribal Cultural Prior to the start of ground-disturbing activities, the qualified Resources archaeologist shall designate an archaeological monitor to observe Grading Department 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 tribal 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. Draft IS/MND Cultural Resources Mitigation Measure 4(CR-41 Prior to City of Temecula Section 3.17- Commencement of Public Works Tribal Cultural At least 30 days prior to the start of any ground disturbing activity,the Resources applicant shall contact the Pechanga Tribe of grading,excavation and Grading Department/Planning 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 Pechanga 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. DATE SOURCE MITIGATION MEASURE TIMING MONITORING COMPLETED SIGNATURE The Pechanga Tribal monitor shall monitor 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 archaeological 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 Pechanga tribal monitor shall keep daily logs.If ground- disturbing activities occur simultaneously in two or more locations, additional Pechanga tribal monitors may be required. Draft IS/MND Cultural Resources Mitieation Measure 51CR-5I During Construction City of Temecula Section 3.17- Public Works Tribal Cultural Resources If inadvertent discoveries of subsurface archaeological/cultural Department/Planning 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. PRC Section 21084.3 further requires that agencies shall avoid damaging effects to tribal cultural resources,if feasible. If the City, 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 CEPA 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 Commisswn and/or City Council. Draft IS/MND Cultural Resources Mitigation Measure 6(CR-6) During Construction City of Temecula Section 3.17- Public Works Tribal Cultural The applicant shall relinquish ownership of all cultural resources, Resources including sacred items,burial goods and all archaeological artifacts that Department/Planning 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). ll Draft ISIMND Cultural Resources Mitigation Measure 71CR-71 During Construction City of Temecula Sec ion 3.17- Public Works Tribal Cultural All sacred sites,should they be encountered within the project area, Resources shall be avoided and preserved as the preferred mitigation,if feasible. Department Draft IS/MND Cultural Resources Mitigation Measure 81CR-81 Prior to Issuance of City of Temecula Section 3.17- Grading Permit Public Works Department DATE SOURCE MITIGATION MEASURE TIMING MONITORING COMPLETED SIGNATURE Tribal Cultural Consistent with State CEQA Guidelines Section 15064.5,Subdivision Resources (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 hatted.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 remains are found to be Native American,the County Coroner shall notify the Native American Heritage Commission (NAHC)within 24 hours.The NAHC must immediately notify the most likely descendant(s)under Public Resources Code Section 5097.98,and the descendants must make recommendations or state their preference for treatment within 48 hours of being granted access as identified in Agreement described in Mitigation Measure CUL-4. UTIILMES AND SERVICE SYSTEMS Draft ISlMND Utilities and Service Systems Mitieation Measure 11GEO-11 Prior to City of Temecula Section 3.18• commencement of Public Works UGliliesand In accordance with National Pollutant Discharge Elimination System Service Systems (NPDES)requirements,the project applicant shall prepare a stormwater Grading Department 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.