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HomeMy WebLinkAbout17-43 PC Resolution PC RESOLUTION NO. 17- 43 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL CERTIFY THE ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE ALTAIR PROJECT, CONSISTING OF APPROXIMATELY 270 ACRES GENERALLY LOCATED SOUTH AND WEST OF THE INTERSECTION OF RIDGE PARK DRIVE AND VINCENT MORAGA; WEST OF PUJOL STREET AND MURRIETA CREEK; AND NORTH OF SANTA MARGARITA RIVER (APN 922-210-049, 940-310-013, 940-310-015, 9401-310- 016, 940-310-044 THROUGH 940-310-048, AND 940-320-001 THROUGH 940-320-007) Section 1. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On November 24, 2014, Rob Honer, representing Ambient Communities, filed Planning Application Nos. PA14-0158, a General Plan Amendment; PA14-0159, a Specific Plan; PA14-0160, a Tentative Tract Map; and PA14-0161 a Development Agreement. These applications (collectively "proposed Project") were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. The proposed Project consists of a change in the General Plan designation on the proposed Project site from Industrial Park (IP), Open Space (OS), Medium Density Residential (M), High Density Residential (H), and Hillside Residential (HR) to Specific Plan Implementation (SPI) for the Altair Specific Plan. The Altair Specific Plan is a series of standards and regulations that will govern all development on the property. These standards and regulations address land use standards, a form based code, setbacks, building height, and parking requirements. Together, these regulations and standards seek to ensure cohesiveness in the design and aesthetic appearance on the proposed Project site, and compatibility with the surrounding community. In addition to the proposed General Plan Amendment and Specific Plan, the proposed Project also includes a Tentative Tract Map and a Development Agreement. 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 proposed Project. D. Pursuant to CEQA, City staff determined that the proposed Project could have a significant effect on the environment and therefore an environmental impact report (EIR) should be prepared for the proposed Project. E. On November 5, 2014, a Notice of Preparation was released to all agencies and persons that might be affected by the proposed Project. The NOP was also distributed through the State Office of Planning and Research, State Clearinghouse (#2014111029). The NOP was circulated from November 14, 2014 through December 15, 2014 to receive comments and input from interested public agencies and private parties on issue to be addressed in the Environmental Impact Report ("EIR"). F. On December 3, 2014, 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 proposed Project. G. Thereafter, the City contracted for the independent preparation of a Draft EIR for the proposed Project, including preparation or review, as applicable, of all necessary technical studies and reports in support of the Draft EIR. In accordance with CEQA and the CEQA Guidelines, the City analyzed the proposed Project's potential impacts on the environment, potential mitigation, and potential alternatives to the proposed 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 Clearinghouse from May 2, 2016 through June 17, 2016. 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 May 2, 2016 through June 17, 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 Ron 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. I. During the comment period, the City received 26 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 Errata to the Draft EIR, the comments and responses to comments on the Draft EIR, and Appendix A to the Final EIR. The Final EIR was made available to the public and to all commenting agencies on November 3, 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 November 15, 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 proposed 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. 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 proposed Project. The proposed 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 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 proposed Project or a feasible mitigation measure or alternative that the City has declined to implement. E. The Planning Commission, in the exercise of its independent judgment, hereby recommends that the City Council certify the Final EIR for the proposed Project, make appropriate environmental findings, adopt a Statement of Overriding Considerations, and adopt a Mitigation Monitoring and Reporting Program for the proposed Project. The Planning Commission further recommends that the mitigation measures set forth therein be made applicable to the proposed Project. Section 3. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 15th day of November, 2017. Joh elesio, 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. 17-43 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 15th day of November, 2017, by the following vote: AYES: 5 PLANNING COMMISSIONERS: GUERRIERO, TELESIO, TURLEY-TREJO, WATTS, YOUMANS 0 NOES: PLANNING COMMISSIONERS: NONE ABSENT: 0 PLANNING COMMISSIONERS: NONE ABSTAIN: 0 PLANNING COMMISSIONERS: NONE Luke Watson Secretary ATTACHMENT 5.1 CITY COUNCIL RESOLUTION CERTIFYING EIR AND ACTIONS RELATED THERETO (NC) RESOLUTION NO. - 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 ALTAIR PROJECT, CONSISTING OF APPROXIMATELY 270 ACRES, GENERALLY LOCATED SOUTH AND WEST OF THE INTERSECTION OF RIDGE PARK DRIVE AND VINCENT MORAGA; WEST OF PUJOL STREET AND MURRIETA CREEK; AND NORTH OF SANTA MARGARITA RIVER (APN 922-210-049, 940-310-013, 940- 310-015, 9401-310-016, 940-310-044 THROUGH 940-310- 048, AND 940-320-001 THROUGH 940-320-007) 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 November 24, 2014, Rob Honer, representing Ambient Communities, filed Planning Application Nos. PA14-0158, a General Plan Amendment; PA14-0159, a Specific Plan; PA14-0160, a Tentative Tract Map; and PA14-0161 a Development Agreement. These applications (collectively"proposed Project")were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. The proposed Project consists of a change in the General Plan designation on the proposed Project site from Industrial Park(IP), Open Space (OS), Medium Density Residential (M), High Density Residential (H), and Hillside Residential (HR) to Specific Plan Implementation (SPI)for the Altair Specific Plan. The Altair Specific Plan is a series of standards and regulations that will govern all development on the property. These standards and regulations address land use standards, a form based code, setbacks, building height, and parking requirements. Together, these regulations and standards seek to ensure cohesiveness in the design and aesthetic appearance on the proposed Project site, and compatibility with the surrounding community. In addition to the proposed General Plan Amendment and Specific Plan, the proposed Project also includes a Tentative Tract Map and a Development Agreement. C. The proposed 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 proposed Project because it is the public agency with the authority and principal responsibility for reviewing, considering, and potentially approving the proposed Project. E. On November 5, 2014, 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 proposed Project. The NOP was also distributed through the State Office of Planning and Research, State Clearinghouse (SCH #2014111029). The NOP was circulated from November 14, 2014, through December 15, 2014, 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 proposed Project. On December 3, 2014 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, 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 proposed Project, including preparation of review, as applicable, of all necessary technical studies and reports in support of the Draft EIR. In accordance with CEQA and the CEQA Guidelines, the City analyzed the proposed Project's potential impacts on the environment, potential mitigation, and potential alternatives to the proposed Project. H. Upon completion of the Draft EIR in April 2016, the City initiated a public comment period by filing a Notice of Completion with the State Office of Planning and Research on Friday, April 28, 2016. 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. I. The Draft EIR was circulated for public review from May 2, 2016 through June 17, 2016. 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; and the City of Temecula website. J. In response to the Draft EIR, 26 written comments were received 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.. K. The"Final EIR"consists of the Draft EIR and all of its appendices,the Errata to the Draft EIR, the comments and responses to comments on the Draft EIR, Appendix A to the Final EIR, and the Mitigation Monitoring and Reporting Program. The Final EIR was made available to the public and to all commenting agencies on November 3, 2017, which is at least 10 days prior to certification of the Final EIR, in compliance with Public Resources Code Section 21092.5(a). L. On November 15, 2017, the Planning Commission, at its regularly scheduled and duly noticed meeting, considered the proposed 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 proposed 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- recommending that the City Council certify the Final EIR prepared for the Altair Project, adopt Findings pursuant to the CEQA, adopt a Statement of Overriding Considerations, and adopt a Mitigation Monitoring and Reporting Program for the proposed Project. The Planning Commission also adopted Resolution Nos. 17- recommending that the City Council take various actions, including adoption of a General Plan Amendment, Specific Plan, Tentative Tract Map, and Development Agreement related to the approval of the proposed 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 proposed 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 proposed 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 proposed Project. D. Find and determine that the Final EIR fully analyzes and discloses the potential impacts of the proposed Project, and that those impacts have been mitigated or avoided to the extent feasible for the reasons set forth in the Findings attached 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 proposed 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 proposed 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 Altair 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 , 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 ATTACHMENT 5A FINDINGS AND FACTS IN SUPPORT OF FINDINGS (NC) TO BE PROVIDED ATTACHMENT 5B MITIGATION MONITORING AND REPORTING PROGRAM (NC) Mitigation Monitoring and Reporting Program DRAFT—NATURE CENTER MITIGATION MONITORING AND REPORTING PROGRAM Responsible Action Verification of Compliance Enforcement Monitoring Indicating Mitigation Measures Monitoring Phase Agency Agency Compliance Initials Date Remarks Aesthetics Mitigation Measure MM-AES-1:The following light and glare Pre-Construction/ City of City of City of standards shall be applied to all future development within the Construction/ Temecula Temecula Temecula project area: Post-Construction Building Official project approval or other and field • The applicant shall ensure that all outdoor lighting fixtures Designee verification and in public areas contain"sharp cut-off'fixtures,and shall be sign-off by City fitted with flat glass and internal and external shielding. 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,onsite 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 Cypress Ridge Project 1 ESA/150642 MMRP July 2017 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM(CONTINUED) Responsible Action Verification of Compliance Enforcement Monitoring Indicating Mitigation Measures Monitoring Phase Agency Agency Compliance Initials Date Remarks 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 Altair Specific Plan,Mitigation Measure MM-AES-1 and Riverside County Ordinance No. 655. Air Quality Pre-Construction City of City of City of Mitigation Measure MM-AQ-1 a: No fireplaces shall be included in Temecula Temecula Temecula the residential units. Building Official project approval or other Designee Mitigation Measure MM-AQ-1b:The lease or purchase agreements Post-Construction City of City of Issuance of for all non-residential units shall include the following: Temecula Temecula Certificate of Building Official Occupancy by a) Required use of low VOC cleaning supplies in all or other City of buildings. Designee Temecula b) Required use of low VOC architectural coatings. Architectural coatings shall be 150 grams per liter or less for both interior and exterior coatings applied as part of building maintenance and upkeep. Cypress Ridge Project 2 ESA 1150642 MMRP July 2017 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM(CONTINUED) Responsible Action Verification of Compliance Enforcement Monitoring Indicating Mitigation Measures Monitoring Phase Agency Agency Compliance Initials Date Remarks c) Employers shall allow alternative work weeks,flextime, telecommuting,and/or work-at-home programs as appropriate to the business developed.(non-quantifiable) Mitigation Measure MM-AQ-1c:All residential and non-residential Construction City of City of Field verification properties shall be equipped with exterior electrical outlets such that Temecula Temecula and sign-off by a minimum of 10 percent of landscape equipment can be electrically Building Official City of operated. Landscape contracts for all multi-family residential and or other Temecula non-residential buildings shall include a mandatory requirement Designee stipulating that a minimum of 10 percent of all landscape equipment used onsite would be electrically operated. Mitigation Measure MM-AQ-1d:All residential and non-residential Pre-construction/ City of City of Issuance of buildings shall be constructed such that they meet one of the Construction Temecula Temecula Building Permit following conditions: Building Official and field a) Buildings shall implement energy efficiency standards that or other verification and exceed the 2013 Title 24 standards by 15 percent;or Designee sign-off by City of Temecula b) Project design shall include onsite renewable energy,for example the incorporation of solar panels into project development,such that 9 percent of the onsite energy consumption is offset. Mitigation Measure MM-AQ-1e:The lease or purchase agreements Post-Construction City of City of Issuance of for all multi-family residential and non-residential units shall: Temecula Temecula Certificate of a) Require that transit routes be posted in common areas of Building Official Occupancy by multi-family residential buildings and employee/student or other City of areas for non-residential buildings.Additionally,building Designee Temecula management shall encourage a ride-share program within the specific plan area such that employees as well as residents have more access to car-pooling opportunities. (non-quantifiable) b) Shall encourage the use of alternative vehicles by providing incentives such as,but not limited to,special parking for alternative fueled vehicles and/or parking cost reduction for alternative fueled vehicles.(non-quantifiable) Require that 5 percent of all available off-street parking spaces(per multi-family and non-residential development)shall be equipped with charging stations to encourage the use of electric vehicles. (non- quantifiable) Mitigation Measure MM-AQ-2:The site shall be watered four times per day during round disturbance(grading)activities for all project Cypress Ridge Project 3 ESA/150642 MMRP July 2017 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM(CONTINUED) Responsible Action Verification of Compliance Enforcement Monitoring Indicating Mitigation Measures Monitoring Phase Agency Agency Compliance Initials Date Remarks 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. 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 focused survey for active nests of raptors and migratory birds shall Temecula 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 Cypress Ridge Project 4 ESA/150642 MMRP July 2017 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM(CONTINUED) Responsible Action Verification of Compliance Enforcement Monitoring Indicating Mitigation Measures Monitoring Phase Agency Agency Compliance Initials Date Remarks 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-13I0-2:Suitable burrowing owl habitat Pre-Construction City of City of Issuance of a identified on the project site shall be surveyed by a qualified biologist Temecula Temecula grading permit using the methods described in the Burrowing Owl Survey Qualified and signed off Instructions for the Multiple Species Habitat Conservation Plan Area Biologist by the City of (EPD,2006)no more than 30 days prior to initial ground disturbing Temecula activities to determine presence or absence of burrowing owl. If no burrowing owls are identified,no additional mitigation is necessary and activities may commence. If a burrowing owl is detected,the City of Temecula and the RCA will be notified. If burrowing owls are found on the project site,the applicant shall implement the following measure: Take of active nests shall be avoided. Passive or active relocation (use of one way doors and collapse of burrows),as approved by the RCA,may occur when owls are present outside the nesting season (March 1 -August 31). If active relocation is selected,translocation sites for the burrowing owl shall be created in the MSHCP Conservation Area for the establishment of new colonies. Translocation sites will be identified,taking into consideration unoccupied habitat areas,presence of burrowing mammals,existing colonies and effects to other MSHCP covered species.Selected translocation sites shall be coordinated with CDFW and USFWS prior to translocation site development. Mitigation Measure MM-13I0-3:The following Best Management Construction City of City of Issuance of Practices shall be adhered to: Temecula Temecula Grading Permit • Prior to the issuance of any clearing,grubbing,or grading Qualified and signed off permit for the project,a qualified biologist(Project Biologist by the City of Biologist)with a minimum of 3 years of experience in field Temecula supervision on construction sites,shall be retained by the applicant to oversee compliance with the protection and avoidance measures for biological issues associated with the project.The Project Biologist shall have the authority Cypress Ridge Project rJ ESA/150642 MMRP July 2017 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM(CONTINUED) Responsible Action Verification of Compliance Enforcement Monitoring Indicating Mitigation Measures Monitoring Phase Agency Agency Compliance Initials Date Remarks to halt construction activities in the event of non- compliance. • The Project Biologist shall be onsite during initial ground disturbing activities,including,but not limited to: vegetation removal,tree removal or trimming,grading, and restoration landscaping to ensure project activities remain in compliance with all applicable biological resource permits. • Intentional killing or unauthorized collection of plant and wildlife species shall be prohibited. • Workers shall be prohibited from bringing pets and firearms to the project site,and from feeding wildlife. • Proposed and existing Western Riverside Multiple Species Habitat Conservation Plan(MSHCP)Conservation Areas shall be protected in place by the installation of orange silt fencing.Fencing shall be maintained in working order and inspected weekly.Fencing repair shall occur within 2 working days following inspection. • All trash and food items shall be contained in closed containers and trash removed daily to reduce the attractiveness to opportunistic predators such as common ravens and feral cats and dogs. • All fueling of construction vehicles shall be within designated areas beyond 100 feet of any drainage course, and be contained using appropriate protection measures. • Nighttime construction shall be prohibited in areas directly abutting or within 200 feet of existing or project-proposed MSHCP Conservation Areas. Nighttime construction which does occur outside these areas shall use directional lighting to minimize the impacts of increased artificial nighttime lighting. • All construction equipment and vehicles shall not idle for more than 45 minutes to minimize ambient noise produced by the project. Cypress Ridge Project 6 ESA/150642 MMRP July 2017 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM(CONTINUED) Responsible Action Verification of Compliance Enforcement Monitoring Indicating Mitigation Measures Monitoring Phase Agency Agency Compliance Initials Date Remarks Mitigation Measure MM-13I0-4a: Prior to the issuance of a grading Pre-Construction City of City of Issuance of a permit for the project,the applicant shall obtain all necessary agency Temecula Temecula grading permit permits for impacts to jurisdictional waters,wetlands and riparian Building Official by the City of resources,including the U.S.Army Corps of Engineers(USAGE), or other Temecula the California Department of Fish and Wildlife(CDFW),and the Designee Regional Water Quality Control Board(RWQCB).Impacts to riparian habitat shall be mitigated at a minimum of a 3:1 ratio. Impacts to unvegetated channel shall be mitigated at a minimum of a 1:1 ratio. Mitigation for both temporary and permanent impacts shall be accomplished by one or more of following options:on- or offsite habitat restoration;purchase of credits from an in-lieu fee program; and/or purchase of credits from a mitigation bank. If a Habitat Mitigation and Monitoring Plan is required by any of the respective resource agencies(USACE,RWQCB,and CDFW),it shall be prepared according to agency requirements and shall include,at a minimum,the following information: • Location and detailed maps of the mitigation and revegetation areas • An evaluation of the existing function and values,and a description of the function and values to be achieved through compensatory mitigation • Detailed plant and seed mix requirements • Detailed planting plan • Specific and measurable five-year success criteria • Five-year maintenance and monitoring requirements • Invasive species management • Irrigation requirements including the requirement to be off of irrigation for at least two years prior to final sign-off • Securing of a bond or line of credit to guarantee success of the compensatory mitigation Cypress Ridge Project 7 ESA/150642 MMRP July 2017 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM(CONTINUED) Responsible Action Verification of Compliance Enforcement Monitoring Indicating Mitigation Measures Monitoring Phase Agency Agency Compliance Initials Date Remarks Mitigation Measure MM-BIO-4b: Prior to the issuance of a grading Pre-construction City of City of Issuance of a permit for the project,a Determination of Biological Equivalent or Temecula Temecula grading permit Superior Preservation(DBESP)shall be approved by the Western Qualified by the City of Riverside County Regional Conservation Authority to address Biologist Temecula impacts to 1.24 acres of riparian/riverine habitat.The DBESP shall include the following information: • Definition of the project area • A written project description,demonstrating why an avoidance alternative is not possible • A written description of biological information available for the project site including the results of resource mapping • Quantification of unavoidable impacts to riparian/riverine areas and vernal pools associated with the project, including direct and indirect effects • A written description of project design features and mitigation measures that reduce indirect effects,such as edge treatments,landscaping,elevation difference, minimization and/or compensation through restoration or enhancement • A baseline biological assessment of the resources being impacted,used for comparison of biological equivalency • A written description of the proposed habitat mitigation, including habitat type,location,functional lift,and long- term stewardship responsibility A finding demonstrating that although the proposed project would not avoid impacts,the habitat mitigation would be biologically equivalent or superior to that which is being impacted and would result in a net equivalent or superior ecological condition Mitigation Measure MM-13I0-6a: Prior to the issuance of a building Construction City of City of Issuance of a permit for the project,or any phase thereof,the applicant shall pay Temecula Temecula building permit Local Development Mitigation fees,as determined by the City of Building Official by the City of or other Temecula Designee Cypress Ridge Project 8 ESA/150642 MMRP July 2017 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM(CONTINUED) Responsible Action Verification of Compliance Enforcement Monitoring Indicating Mitigation Measures Monitoring Phase Agency Agency Compliance Initials Date Remarks Temecula Municipal Code Chapter 15,to offset impacts to sensitive habitat and covered sensitive species. Mitigation Measure MM-BIO 6b:At the time of final map Pre-construction City of City of Approval and recordation for the project,or any phase thereof,lands identified to Temecula Temecula Recordation of contribute to Linkage Areas and open space areas of the project Building Official final map by the (Conserved Lands)and included on the final map shall be or other City of conserved in perpetuity through the recordation of conservation Designee Temecula easements in favor of the Western Riverside County Regional Conservation Authority(RCA)or deed transfer of said parcels to the RCA.Conserved Lands shall include all areas identified for the continued preservation and functionality of Proposed Linkage 10 and Proposed Constrained Linkage 13.The project shall conserve onsite a minimum of 82.77 acres,which have been identified at a Criteria Cell level to include Cells 7077,7161,7078,7164,7258,7264,7355 and 7356. Mitigation Measure MM-BIO-7a:The portion of Camino Estribo that Construction City of City of Issuance of a lies between the South Parcel and the main development area within Temecula Temecula grading permit the project footprint shall remain as a dirt road to minimize vehicular Engineering verified and speeds. Official or other signed off by the Designee City of Temecula Mitigation Measure MM-BIO-7b:The applicant shall install Construction City of City of Issuance of permanent fencing along the Western Bypass where the Bypass Temecula Temecula Grading and right-of-way is contiguous with existing or proposed MSHCP Building Official Building Conserved Lands,to keep animals within the wildlife corridor. Prior or other Permits by the to the issuance of any construction permits for the project,the Designee City of applicant shall prepare and submit a detailed fencing plan for review Temecula by the City of Temecula and the wildlife agencies(CDFW and USFWS),and approval by the City.The fencing plan shall include,at a minimum,the fencing location,fencing specifications,plant list, and method and timing of installation.The fence shall be installed prior to the issuance of a building permit for the project. Cypress Ridge Project 9 ESA/150642 MMRP Juiy 2017 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM(CONTINUED) Responsible Action Verification of Compliance Enforcement Monitoring Indicating Mitigation Measures Monitoring Phase Agency Agency Compliance Initials Date Remarks Mitigation Measure MM-BIO-7c:A Slope Revegetation Plan shall Pre-Construction/ City of City of Issuance of be prepared by the project applicant.The Plan shall be submitted for Construction Temecula Temecula grading and approval to the City prior to the construction of the Western Bypass. Building Official building permits The Plan shall include at a minimum: or other by the City of Designee Temecula • The requirement to salvage and stockpile excavated topsoil up to the first six inches along selected portions of the ground disturbance area for use in spreading as the top layer of soil in restoring disturbed areas • Equipment and methods for planting • A planting plan,including the amount and species of seed necessary to revegetate the target habitat types • Success criteria for the revegetated areas over a five-year period following installation • Specific BMPs for erosion control during and after revegetation • A requirement for five years of maintenance of the revegetated areas, including removal of invasive species and irrigation(if necessary) A requirement for five years of monitoring to evaluate compliance with the success criteria and to adjust maintenance activities using an adaptive management approach Cultural Resources Mitigation Measure MM-CUL-1 a—Retention of a Qualified Pre-construction City of City of Issuance of a Archaeologist: Prior to issuance of a grading permit and prior to the Temecula Temecula grading permit start of any ground disturbing activity,the applicant shall retain a Qualified and project qualified archaeologist,defined as an archaeologist meeting the Archeologist approval by the Secretary of the Interior's Professional Qualification Standards for City of archaeology(Department of the Interior,2012), and as approved by Temecula the City of Temecula,to carry out all mitigation measures related to archaeological resources and to coordinate the archaeological program with the Pechanga Band of Luiseno Indians(Pechanga Tribe).The Project archaeologist will have the authority to stop and redirect grading in the immediate area of a find in order to evaluate Cypress Ridge Project 10 ESA/150642 MMRP July 2017 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM(CONTINUED) Responsible Action Verification of Compliance Enforcement Monitoring Indicating Mitigation Measures Monitoring Phase Agency Agency Compliance Initials Date Remarks the find and determine the appropriate next steps,in consultation with the Pechanga Tribal Monitor. Mitigation Measure MM-CUL-1b-Retention of a Professional Pre-Construction/ City of City of City of Pechanga Tribal Monitor:At least 30 days prior to seeking a Construction Temecula Temecula Temecula grading permit,the project Applicant shall contact the Pechanga qualified Project Tribe to notify the Tribe of their intent to pull permits for the proposed Archaeologist Approval; grading and excavation,and to coordinate with the Tribe to develop and Pechanga verification by a Cultural Resources Treatment and Monitoring Agreement.The tribal City of Agreement shall address the treatment of known cultural resources, representatives Temecula inconsultation with the designation,responsibilities,and participation of professional Pechanga Tribe Pechanga Tribal Monitors during grading,excavation and ground disturbing activities;project grading and development scheduling; terms of compensation for the monitors,including overtime and weekend rates,in addition to mileage reimbursement;and treatment and final disposition of any cultural resource,sacred sites,and human remains discovered on the site.The Pechanga Tribal Monitor will have the authority to stop and redirect grading in the immediate area of a find in order to evaluate the find and determine the appropriate next steps,in consultation with the Project archaeologist.Such evaluation shall include culturally appropriate temporary and permanent treatment pursuant to the Agreement which may include avoidance of cultural resources,in-place preservation and/or re-burial on the project property in an area that will not be subject to future disturbances for preservation in perpetuity. Mitigation Measure MM-CUL-1c—Cultural Resources Sensitivity Pre-Construction/ City of City of City of Training:The qualified archeologist,or an archaeologist working Construction Temecula Temecula Temecula under the direction of the qualified archaeologist,and a qualified Project representative of the Pechanga Tribe shall conduct preconstruction Archaeologist Approval; cultural resources sensitivity training which will include a brief review and Pechanga verification by of the cultural sensitivity of the project and the surrounding area to tribal City of inform construction personnel of the types of cultural resources that representatives Temecula in consultation with may be encountered,and of the proper procedures to be enacted in Pechanga Tribe the event of an inadvertent discovery of archaeological resources or human remains.The applicant shall ensure that construction Cypress Ridge Project 11 ESA/150642 MMRP July 2017 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM(CONTINUED) Responsible Action Verification of Compliance Enforcement Monitoring Indicating Mitigation Measures Monitoring Phase Agency Agency Compliance Initials Date Remarks personnel are made available for and attend the training and shall retain documentation demonstrating attendance.All new construction personnel that begin work on the Project following the initial Training must take the cultural resources sensitivity training prior to beginning work and the project archaeologist and Pechanga Tribe shall make themselves available to provide the training on an as-needed basis. Mitigation Measure MM-CUL-1d —Archaeological and Native Pre-construction/ City of City of Issuance of a American Monitoring and Resurvey of the South Parcel: Prior to Construction Temecula Temecula grading permit issuance of a grading permit and prior to the start of any vegetation qualified and project removal or ground disturbing activity,a qualified archaeological Archaeologist approval by the monitor and Pechanga Tribal monitor shall be retained by the and Pechanga City of applicant to monitor ground disturbing activities including,but not tribal Temecula; limited to,brush clearance and grubbing,grading,trenching, representatives verification by City of excavation,and the construction of fencing and access roads as Temecula in indicated in MM-CUL-1a and 1b.The archaeological and Pechanga consultation with Tribal monitors shall re-survey the South Parcel involving ground Pechanga Tribe disturbance,after vegetation removal and grubbing and prior to other ground disturbing activities.This will ensure that previously undocumented resources obscured by thick brush can be identified and appropriate treatment measures for the resources can be developed.Archaeological monitoring shall be conducted by an archaeologist familiar with the types of historic and prehistoric resources that could be encountered within the project,and under direct supervision of the qualified archaeologist. If ground disturbing activities occur simultaneous in two or more locations located more than 500 feet apart,additional archaeological and Pechanga Tribal monitors may be required. The archaeological and Pechanga Tribal monitors shall keep daily and/or weekly logs.After monitoring has been completed,the qualified archaeologist shall prepare a monitoring report that details the results of monitoring,which shall be submitted to the City, Pechanga,and to the Eastern Information Center at the University of California, Riverside. Cypress Ridge Project 12 ESA/150642 MMRP Jury 2017 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM(CONTINUED) Responsible Action Verification of Compliance Enforcement Monitoring Indicating Mitigation Measures Monitoring Phase Agency Agency Compliance Initials Date Remarks Mitigation Measure MM-CUL-1e—Unanticipated Discovery: If Pre-Construction/ City of City of City of cultural resources are encountered during the course of ground Construction Temecula Temecula Temecula disturbing activities,the applicant shall cease any ground disturbing qualified Project activities within 100 feet of the find until it can be evaluated by the Archaeologist Approval; qualified archaeologist,who shall inspect the find within 24 hours of and Pechanga verification by discovery,during normal working hours.The qualified archaeologist, tribal City of the archaeological monitor,and/or Native American monitor shall be representatives Temecula in empowered to halt or redirect ground disturbing activities away from consultation with the vicinity of the find until it has been assessed for significance.The Pechanga Tribe qualified archaeologist,in consultation with the applicant and the Pechanga Tribe,shall assess the significance of discovered resources and shall take into account the religious beliefs,customs, and practices of the Pechanga Tribe.Avoidance shall be the preferred manner of mitigation pursuant to Calif.Pub. Res.Code§ 21083.2(b). Preservation in place may be accomplished by,but is not limited to,complete avoidance,incorporating the resource into open space,or deeding the site into a permanent conservation easement.In the event that preservation in place is demonstrated to be infeasible and data recovery through excavation is determined to be the only feasible mitigation option,a treatment plan shall be prepared and implemented by the qualified archaeologist,in consultation with the applicant and the Pechanga Tribe.The treatment plan shall provide for the adequate recovery of the scientifically consequential information contained in the archaeological resource.The Pechanga Tribe shall be consulted to ensure that cultural values ascribed to the resource,beyond that which is scientifically important,are considered and additional appropriate mitigation to address the cultural values is applied.The treatment plan shall also provide for the analysis, reporting,and curation/disposition of resources in accordance with the Treatment Agreement required in MM-CUL-1b. Mitigation Measure MM-CUL-1f—Completed Avoidance of Pre-construction/ City of City of Verification by Impacts to the TCP:The City and the Project Applicant/Land Construction Temecula Temecula City of Owner shall ensure that no impacts occur to the Traditional Cultural Qualified Temecula in Property south of the proposed South Parcel Area.This includes, Archaeologist consultation with but is not limited to off-site improvements,staging activities, and Pechanga Pechanga Tribe trenching,geotechnical work, Riverside County Flood Control tribal improvements,Water Department impacts,Public Works projects, representatives biological and fire control programs,and any other program or project that would affect the integrity of the TCP.Should any of these activities,or others as indicated,be proposed,the City and the Cypress Ridge Projeci 13 ESA/150642 MMRP July 2017 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM(CONTINUED) Responsible Action Verification of Compliance Enforcement Monitoring Indicating Mitigation Measures Monitoring Phase Agency Agency Compliance Initials Date Remarks Applicant/Land Owner shall contact the Pechanga Tribe for additional consultation and review. Mitigation Measure MM-CUL-2a—Paleontological Resource Pre-Construction City of City of Verification by Impact Mitigation Program(PRIMP):The applicant shall Temecula Temecula City of implement the paleontological mitigation program outlined in the qualified Temecula in PRIMP(Kennedy and Wirths,2013)during project implementation. Paleontologist consultation with The PRIMP requires paleontological monitoring of mapped Pechanga Tribe exposures of the sandstone facies of the Pauba Formation(Qp)as shown on Attachment 3a of the PRIMP. In addition,because the fanglomerate facies of the Pauba Formation is considered to have undetermined potential to yield significant paleontological resources, initial excavations into the unit shall be spot-checked by a qualified paleontologist(defined as a paleontologist meeting the Society for Vertebrate Paleontology Standards,2010)to determine if the lithology of the geological unit is conducive to the preservation of unique paleontological resources.The qualified paleontologist shall also contribute to any construction worker cultural resources sensitivity training,either in person or via a module provided to the qualified archaeologist. Monitoring shall be conducted by a qualified paleontologist, or a monitor working under the direct supervision of a qualified paleontologist. Monitors shall have the authority to temporarily halt or divert work away from exposed fossils in order to recover the fossil specimens.The qualified paleontologist,based on observations of subsurface soil stratigraphy or other factors,may reduce or discontinue monitoring,as warranted,if the qualified paleontologist determines that the possibility of encountering fossiliferous deposits is low. Monitors shall prepare daily logs detailing the types of activities and soils observed,and any discoveries.Any fossils recovered shall be prepared to the point of identification and curated at an accredited facility.The qualified paleontologist shall prepare a final monitoring and mitigation report to be submitted to the City and filed with the local repository. Mitigation Measure MM-CUL-2b—Unanticipated Paleontological Construction City of City of Verification by Resources Discoveries: If construction or other project personnel Temecula Temecula City of discover any potential fossils during construction,regardless of the Cypress Ridge Project 14 ESA/150642 MMRP July 2017 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM(CONTINUED) Responsible Action Verification of Compliance Enforcement Monitoring Indicating Mitigation Measures Monitoring Phase Agency Agency Compliance Initials Date Remarks depth of work,work at the discovery location shall cease until the qualified Temecula in qualified paleontologist has assessed the discovery and made Paleontologist consultation with recommendations as to the appropriate treatment. Pechanga Tribe Mitigation Measure MM-CUL-3—Human Remains: If human Pre-Construction/ City of City of Verification by remains are uncovered during project construction,the applicant Construction Temecula Temecula City of shall immediately halt work and follow the procedures and protocols qualified Temecula set forth in Section 15064.5(e)of the CEQA Guidelines,which Paleontologist require compliance with Health and Safety Code Section 7050.5 and Public Resources Code Section 5097.98(as amended by AB 2641). The applicant shall immediately contact the Riverside County Coroner to evaluate the remains. If the County Coroner determines that the remains are Native American and not subject to his or her authority,the County Coroner shall notify the Native American Heritage Commission(NAHC)within 24 hours.The NAHC shall designate a Most Likely Descendant(MLD)for the remains,who shall have 48 hours from the time of being granted access to the site to provide recommendations to the landowner for the means of treating or disposing of,with appropriate dignity,the human remains and any associated grave goods. Until the landowner has discussed and conferred with the MLD,the landowner shall ensure that the immediate vicinity where the discovery occurred is not subject to further disturbances,is adequately protected according to generally accepted cultural and archaeological standards,and that further activities take into account the possibility of multiple burials. In the event that no MLD is identified,or if the MLD fails to make a recommendation for disposition,or if the landowner rejects the recommendation of the MLD and mediation with the NAHC fails to provide measures acceptable to the landowner,the landowner may reinter the remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance. Greenhouse Gas Emissions and Climate Change Mitigation Measure MM-GHG-1:Upon full entitlement of the project Construction/Post- City of City of Issuance of and prior to the issuance of a certificate of occupancy for the project, construction Temecula Temecula Certificate of the project sponsor shall submit an application for a Pre-Certified Building Official Occupancy by LEED-ND Plan through the U.S.Green Building Council. If the or other the City of application meets the LEED-ND prerequisites,the project sponsor Designee Temecula shall continue with the certification,and the project shall receive a minimum base-level LEED-ND certification within two years of project build-out. If Pre-Certified LEED-ND Plan approval is denied, the project applicant shall nevertheless incorporate the following measures in the project design that are normally scored to achieve Cypress Ridge Project 15 0642 MMRP ESA/ Julyly 2017 2017 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM(CONTINUED) Responsible Action Verification of Compliance Enforcement Monitoring Indicating Mitigation Measures Monitoring Phase Agency Agency Compliance Initials Date Remarks LEED standards and shall achieve a fifteen-percent(15%)reduction in energy use beyond 2016 Title 24 building standards by undertaking the following: 1)Provide parking associated with electrical charging stations; 2)Subsidize public transit and expand transit network(e.g.,help fund Riverside Transportation Authority and City smart shuttle or bike share programs); 3)Provide an enhanced pedestrian network, including pedestrian connections to the local community; 4)Provide traffic calming measures and urban non-motorized zones; 5)Install bicycle parking and storage,as well as dedicated bike lanes or trails with connectivity to the local community and recreation areas; 6)Prohibit wood-burning fireplaces, 7)Where practicable,install or ensure facilities are compatible with renewable energy(e.g.solar photovoltaics); 8)Install energy efficient boilers and appliances,including programmable thermostat timers; 9)Install energy efficient street and area lighting,including LED traffic lights,motion detection lighting,and limited outdoor lighting for security and safety purposes; 10)Install electrical outlets compatible with electric yard equipment; 11)Provide for use of reclaimed water, 12)Install low-flow bathroom and kitchen fixtures(e.g.,faucets, toilets,and showers), 13)Install water efficient irrigation systems; 14)Where practicable,reuse or recycle materials from operation and construction activities. Hydrology and Water Quality Mitigation Measure MM-HYD-1:Prior to issuance of a grading Pre-construction City of City of Issuance of permit,a final drainage study shall be prepared by a registered civil Temecula Temecula Grading Permit engineer in accordance with the Riverside County Hydrology Manual Building Official by the City of and submitted to Public Works with the initial grading plan check in or other Temecula accordance with City,Riverside County and engineering Designee standards.The final study shall identify storm water runoff quantities 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 or any substantial adverse change in receiving water quality or habitat values;the final study shall include a capacity analysis verifying the adequacy of all facilities and an Cypress Ridge Project 16 ESA/150642 MMRP July 2017 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM(CONTINUED) Responsible Action Verification of Compliance Enforcement Monitoring Indicating Mitigation Measures Monitoring Phase Agency Agency Compliance Initials Date Remarks features to include in the design to minimize or avoid runoff impacts. Features to be included in the site design shall conform with the City of Temecula MS4 permit and Stormwater Ordinance,and may include,for example: 1)Non-structural,structural,source control and treatment control BMPs; 2)Infiltration basins,detention basins,vegetated swales,and media filters; 3)Pervious concrete,storm drain stenciling or signage,protection of material and trash storage areas from rainfall;and 4)Other low impact development(LID)BMPs,including measures to reduce increases in runoff through hydromodification and infiltration protection. If the receiving facilities are determined to be under capacity,then onsite detention and/or alternative drainage facilities and outfalls shall be required as needed to avoid damage to public or private property and alterations in water quality or habitat values. Mitigation Measure MM-HYD-3:As a condition of approval,each Pre-Construction/ City of City of Issuance of future development project will be required to generate a project- Construction/Post- Temecula Temecula Building Permit, specific Water Quality Management Plan(WQMP),as required by Construction Building Official review of plans, the City of Temecula Stormwater Ordinance and as specified in the or other field verification City's Jurisdictional Runoff Management Plan,which will ensure that Designee and sign-off by the project implements specific water quality features to meet the City of City's MS4 Permit and Stormwater Ordinance requirements.Each Temecula project-specific WQMP shall be reviewed and approved by the City of Temecula prior to the issuance of a building or grading permit. NOISE Mitigation Measure MM-NOI-1a:Prior to the issuance any grading Construction City of City of Issuance of a or building permits for a phase or sub phase(project-specific future Temecula Temecula grading permit development within a construction phase),the applicant shall Building Official by the City of provide evidence to the City that the development will not exceed or other Temecula the City's exterior noise standards for construction(see Table 3.10- Designee 5). If it is determined that City noise standards for construction activities would be exceeded,the applicant shall submit a construction-related exception request to the City Manager at least one week in advance of the project's scheduled construction activities,along with the appropriate inspection fee(s),to ensure that the project's construction noise levels would be granted an Cypress Ridge Project 17 ESA/150642 MMRP July 2017 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM(CONTINUED) Responsible Action Verification of Compliance Enforcement Monitoring Indicating Mitigation Measures Monitoring Phase Agency Agency Compliance Initials Date Remarks 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. Mitigation Measure MM-NOI-1 b:The applicant shall comply with Construction City of City of Field verification the following noise reduction measures during construction: Temecula Temecula and sign-off by Building Official City of • Ensure that noise and groundborne vibration construction or other Temecula activities whose specific location on a construction site Designee 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 Cypress Ridge Project 18 ESA/150642 MMRP July 2017 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM(CONTINUED) Responsible Action Verification of Compliance Enforcement Monitoring Indicating Mitigation Measures Monitoring Phase Agency Agency Compliance Initials Date Remarks 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. Hold a preconstruction meeting with the City's job inspectors and the general contractor or onsite project manager to confirm that noise and vibration mitigation and practices(including construction hours, sound buffers,neighborhood notification, posted signs,etc.)are implemented. Mitigation Measure MM-NOI-2a:The operation of construction Construction City of City of Issuance of equipment that generates high levels of vibration,such as large Temecula Temecula Grading Permit bulldozers,loaded trucks,and caisson drills,shall be prohibited Building Official and field within 45 feet of residential structures and 35 feet of institutional or other verification and structures during construction activities to the extent feasible.Small, Designee sign-off by City rubber-tired construction equipment shall be used within this area of Temecula Cypress Ridge Project 19 ESA/150642 MMRP July 2017 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM(CONTINUED) Responsible Action Verification of Compliance Enforcement Monitoring Indicating Mitigation Measures Monitoring Phase Agency Agency Compliance Initials Date Remarks during demolition and/or grading operations to reduce vibration effects,where feasible. Mitigation Measure MM-NOI-2b:The operation of jackhammers Construction City of City of Field verification shall be prohibited within 25 feet of existing residential structures Temecula Temecula and sign-off by and 20 feet of institutional structures during construction activities,to Building Official City of the extent feasible. or other Temecula Designee Mitigation Measure MM-NOI-3: Prior to the issuance of a building Construction City of City of Issuance of permit for future developments in the project,the applicant shall Temecula Temecula Building Permit provide evidence to the City that operational noise levels generated Building Official and field by the proposed development would not exceed the City's or other verification and permissible exterior noise standards that are applicable to adjacent Designee sign-off by City properties. If City noise standards at the adjacent properties would of Temecula be exceeded,design measures shall be taken to ensure that operational noise levels associated with the proposed development would be reduced to levels that comply with the permissible City noise standards.These measures may include, but are not limited to,the erection of noise walls,use of landscaping,and/or the design of adequate setback distances for the new developments. Mitigation Measure MM-NOI-4a:The applicant of individual Construction City of City of Issuance of development projects within the project area shall minimize noise Temecula Temecula Grading Permit impacts from mechanical equipment,such as ventilation and air Building Official and field conditioning units,by locating equipment away from receptor areas, or other verification and installing proper acoustical shielding for the equipment,and Designee sign-off by City incorporating the use of parapets into building design to ensure that of Temecula noise levels do not exceed the ambient noise level on the premises of existing development by more than five decibels. Mitigation Measure MM-NOI-4b:Prior to City approval of a Construction City of City of City of residential development project within the project area,the applicant Temecula Temecula Temecula shall provide documentation to the City that all exterior windows Building Official project approval; associated with a proposed residential development will be or other and field constructed to provide a sufficient amount of sound insulation to Designee verification and ensure that interior noise levels would be below an Ld,or CNEL of sign-off by City 45 dBA in any habitable room. of Temecula Mitigation Measure MM-NOI-5:All future residential developments Post-Construction City of City of Field verification located adjacent to the proposed Western Bypass in the project area Temecula Temecula and sign-off by shall be set back a minimum of 45 feet from the centerline of the Building Official Cypress Ridge Project 20 ESA/150642 MMRP July 2017 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM(CONTINUED) Responsible Action Verification of Compliance Enforcement Monitoring Indicating Mitigation Measures Monitoring Phase Agency Agency Compliance Initials Date Remarks Western Bypass.If this minimum setback distance cannot be or other City of achieved,other measures shall be taken to ensure compliance with Designee Temecula the City's noise/land use compatibility standard of 70 dBA Ld,, including,but not limited to,greater setback distances,the erection of noise walls or use of landscaping. Traffic and Circulation Mitigation Measure MM-TRA-1: Prior to the completion of Phase 1 Pre-Construction/ City of City of Issuance of of the project,the project proponent/developer shall install or provide Temecula Temecula Grading Permit funding for system-wide signal timing optimization(phase timings Construction Engineer or and Issuance of and cycle length)to the satisfaction of the City Engineer.Since other Designee a Certificate of Rancho California Road and Jefferson Avenue operate on an Occupancy Adaptive Traffic Signal Timing Program,the developer shall be responsible for system-wide optimization along both corridors to mitigate impacts.. Mitigation Measure MM-TRA-2: Prior to the completion of Phase 1 Pre-Construction/ City of City of Issuance of of the project,the project proponent/developer shall install or provide Construction Temecula Temecula Grading Permit funding for system-wide signal timing optimization(phase timings Engineer or and Issuance of and cycle length)to the satisfaction of the City Engineer.Since Ynez other Designee a Certificate of Road and Rancho California Road operate on an Adaptive Traffic Occupancy Signal Timing Program,the developer shall be responsible for system-wide optimization along both corridors to mitigate impacts. Mitigation Measure MM-TRA-3:Prior to the completion of Phase 2 Pre-Construction/ City of City of Issuance of of the project,the project proponent/developer shall install or provide Construction Temecula Temecula Grading Permit funding for signal timing optimization(phase timings and cycle Engineer or and Issuance of length)at the intersection of 1-15 Northbound Ramps and Temecula other Designee a Certificate of Parkway to proportion more time to the heavier traffic volumes,to Occupancy the satisfaction of the City Engineer.The project proponent/developer shall coordinate implementation of this improvement with Caltrans. Mitigation Measure MM-TRA-5: Prior to the completion of Phase 1 Pre-Construction/ City of City of Issuance of of the project,the project proponenUdevelope r shall install stop signs Construction Temecula Temecula Grading Permit on the Pujol Street approaches at the intersection of Pujol Street and Engineer or and Issuance of First Street,converting the intersection from side-street stop-control other Designee a Certificate of to all-way stop control. Occupancy Cypress Ridge Project 21 ESA/150642 MMRP July 2017 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM(CONTINUED) Responsible Action Verification of Compliance Enforcement Monitoring Indicating Mitigation Measures Monitoring Phase Agency Agency Compliance Initials Date Remarks Mitigation Measure MM-TRA-6: Prior to the completion of Phase 2 Pre-Construction/ City of City of Issuance of of the project,the project proponent/developer shall install or provide Construction Temecula Temecula Grading Permit funding for one additional exclusive eastbound left turn lane and Engineer or and Issuance of signal timing optimization(phase timings and cycle length)at the other Designee a Certificate of intersection of Ynez Road and Santiago Road,to the satisfaction of Occupancy the City Engineer. Mitigation Measure MM-TRA-7: Prior to the issuance of a Pre-Construction/ City of City of Issuance of certificate of occupancy for Phase 1 of the project,the City shall Construction Temecula Temecula Grading Permit have completed the Capital Improvement Project entitled 1-15/ Engineer or and Issuance of SR 79 South(Temecula Parkway) Ultimate Interchange'. other Designee a Certificate of Occupancy Mitigation Measure MM-TRA-9: Prior to the completion of Phase 3 Pre-Construction/ City of City of Issuance of of the project,the project proponent/developer shall contribute 20 Construction Temecula Temecula Grading Permit percent of the cost to construct a fourth through lane to both the Engineer or and Issuance of eastbound and westbound Temecula Parkway approaches to the other Designee a Certificate of intersection of La Paz Road and Temecula Parkway,toward the Occupancy acquisition of right-of-way,and modification of existing traffic signal facilities at the intersection Mitigation Measure MM-TRA-12: Prior to the completion of Phase Pre-Construction/ City of City of Issuance of 3 of the project,the project proponent/developer shall contribute 43 Construction Temecula Temecula Grading Permit percent of the cost to construct improvements at the west Ridge Engineer or and Issuance of Park Drive leg to allow for right-in/right-out turn movements only at other Designee a Certificate of the intersection of Vincent Moraga Drive and Ridge Park Drive,to Occupancy the satisfaction of the City Engineer. This improvement would prohibit vehicles from making northbound left and westbound left turning movements at the intersection. Mitigation Measure MM-TRA-13: Prior to the completion of Phase Construction City of City of Issuance of 3 of the project,the project proponent/developer shall contribute 17 Temecula Temecula Grading Permit percent of the cost to install traffic signals at the intersection of Pujol Engineer or and Issuance of Street and First Street. other Designee a Certificate of Occupancy Mitigation Measure MM-TRA-14: Prior to the issuance of any Pre-Construction City of City of Issuance of grading permit or any permit that authorizes construction activities Temecula Temecula Grading and within the Specific Plan area,or at offsite locations for improvements Engineer or Building Permits associated with the Specific Plan,the project applicant(s)shall other Designee Cypress Ridge Project 22 ESA/150642 MMRP July 2017 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM(CONTINUED) Responsible Action Verification of Compliance Enforcement Monitoring Indicating Mitigation Measures Monitoring Phase Agency Agency Compliance Initials Date Remarks prepare a Construction Traffic Mitigation Plan(s)for review and approval by the City of Temecula as part of the permit application. The Construction Traffic Mitigation Plan(s)shall include measures to minimize the construction traffic volumes entering the roadway system(including local roads)during AM and PM peak hours. At a minimum,the Construction Traffic Mitigation Plan(s)shall include the following implementation measures: • Construction truck routes shall be prepared to designate principal haul routes for trucks delivering materials to and from the construction site. • Should a temporary road and/or lane closure be necessary during construction,the project applicant shall provide traffic control activities and personnel,as necessary,to minimize traffic impacts. This may include detour signage,cones,construction area signage, flagmen,and other measures as required for safe traffic handling in the construction zone. The project applicant shall keep a minimum of one lane in each direction free from encumbrances at all times on perimeter roads accessing the project site. In the event a full road closure is required,the contractor shall coordinate with the City of Temecula and other affected jurisdictions(i.e.,Caltrans, and/or County of Riverside)to designate proper detour routes and signage to appropriate proper access routes. Cypress Ridge Project 23 ESA 1150642 MMRP July 2017 ATTACHMENT 5C STATEMENT OF OVERRIDING CONSIDERATIONS (NC) STATEMENT OF OVERRIDING CONSIDERATIONS— NATURE CENTER The following Statement of Overriding Considerations is made in connection with the proposed approval of the Altair Specific Plan (the "Project'). CEQA requires the decision-making agency to balance the economic, legal, social, technological or other benefits of a project against its unavoidable environmental risks when determining whether to approve a project. If the benefits of the project outweigh the unavoidable adverse effects, those effects may be considered acceptable. CEQA requires the agency to provide written findings supporting the specific reasons for considering a project acceptable when significant impacts are unavoidable. Such reasons must be based on substantial evidence in the EIR or elsewhere in the administrative record. The reasons for proceeding with this Project despite the adverse environmental impacts that may result are provided in this Statement of Overriding Considerations. The City Council finds that the economic, social and other benefits of the Project outweigh the significant and unavoidable impacts to: • Air quality at the project and cumulative level give that the City is in the South Coast Air Quality Management District, which is a non-attainment region for ozone; • Greenhouse gas emissions at the cumulative level for exceeding the conservative threshold of 3,000 MTCOze per year even with incorporation of Smart Growth development standards, which promote walking and alternative transportation; • Noise and vibration impacts during construction; and • Traffic impacts to the 1-15 SB Ramps/Temecula Parkway intersection under Future Buildout(2035)Conditions(prior to completion of the Ultimate interchange improvements, which are under construction). Although the FEIR concludes there are significant and unavoidable impacts to the 1-15 SB Ramps/Temecula Parkway intersection under Future Buildout (2035) Conditions, it should be noted that this is a conservative approach as the ultimate intersection improvements are under construction and once complete, the improvements will reduce the project impacts below a level of significance. In making this Statement of Overriding Considerations, 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. 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. Furthermore,the following primary public benefits are required by Conditions of Approval, and in the Development Agreement: A. An estimated $28 million dollars of regional infrastructure (Western Bypass Corridor and Bridge over Murrieta Creek), and improved east-west connectivity in the City; The Western Bypass Corridor and Bridge are part of a regional facility, identified in the Transportation Uniform Mitigation Fee (TUMF) program. The Regional System needs to be expanded to accommodate anticipated future growth in the City of Temecula and southwestern Riverside County; the Project provides critical infrastructure to assist the City in meeting this need. B. A 5-acre Central Park and "Grand Staircase" connection to Main Street in Old Town on the west side of 1-15 for public use; Currently, the City does not have a park of sufficient size for residents on the west side of 1-15 to accommodate parks and recreation programs. Residents west of 1-15 have to travel to the east side sports parks. The Central Park will accommodate existing and future growth, and provide an important destination and gathering place for passive and active recreation in and around Old Town. C. An elementary school site to serve existing and future residents on the west side of 1-15; Similar to the City's current situation with a lack of parks and programming relative to population on the west side of 1-15, the elementary school site has the ability to provide a neighborhood school in walking distance for many that will help eliminate the need to rely exclusively on schools on the east side of 1-15. D. Over eight miles of pathways and trails connecting to the City's bike lane and trail network; The Quality of Life Master Plan identifies six core values as identified by the community. Transportation Mobility and Connectivity figures prominently in the City's planning efforts. Altair is designed as a "Smart Growth" development which makes walking easy and promotes a healthy and active lifestyle. Furthermore, the proposed trails, pathways, and sidewalks connect to the surrounding network closing gaps and increasing opportunities for active transportation. E. Per the Development Agreement, the applicant will provide $150,000 dollars of"start-up" funding for a shuttle connecting to RTA transit stops and/or a bikeshare program; Again, Transportation Mobility and Connectivity figures prominently in the City's planning efforts. This funding will assist in promoting active transportation in an effort to relieve auto congestion in the City. F. A 55-acre Civic Site for a Nature Center/Culture/Sustainability Center and trails to provide environmental education and protection of natural resources at the confluence of the Santa Margarita River,which is southern California's last"free flowing"river and the center of the Pechanga Band of Luiseno Indians Sacred Place/Origin Area, a recognized Traditional Cultural Place (TCP) on the National Register of Historic Places; G. Per the Development Agreement, the applicant is committed to provide Project conservation features in excess of what is required as environmental mitigation, including the following: • 55-acre reduction in hillside escarpment/Multi Species Habitat Conservation Plan (MSHCP) impacts associated with the shortened Western Bypass alignment, as compared to the current alignment in the City's General Plan Circulation Element and the approved West Side Specific Plan and MSHCP; • Facilitation of the sale of an additional 8.97 acres of hillside escarpment adjacent to the project site to the Riverside County Regional Conservation Authority for conservation; • Additional funding for conservation efforts (up to $500,0000) to be used for a wildlife connectivity study, engineering feasibility, and/or land acquisition in the special linkage area south of the Project. H. 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.