01375.0031/1004613.4
Resolution No. 23-4707
RESOLUTION NO. 24-4779
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MURRIETA, CALIFORNIA APPROVING: (1) AN ADDENDUM TO A PREVIOUSLY
CERTIFIED SUBSEQUENT ENVIRONMENTAL IMPACT REPORT FOR
THE TRIANGLE (2) TENTATIVE TRACT MAP 2022-2706 (TTM 38622), AND (3) DEVELOPMENT PLAN 2022-2705 FOR THE SHOPS AT THE TRIANGLE, A 64.3-ACRE SITE TO BE DEVELOPED WITH A 279,538
SQUARE FOOT REGIONAL SHOPPING CENTER ON APPROXIMATELY
36.5 ACRES AND TO SUBDIVIDE THE 64.3 ACRE SITE INTO 23 PARCELS
AND RELATED IMPROVEMENTS FOR CIRCULATION,
INFRASTRUCTURE, AND LANDSCAPING LOCATED SOUTHERLY OF
MURRIETA HOT SPRINGS ROAD, EAST OF INTERSTATE 15 AND WEST -390-001 THROUGH 910-390-003, 910-390-
008 THROUGH -018, 910-390-020 THROUGH 910-390-022, 910-400-001 THROUGH -018) WITHIN THE REGIONAL COMMERCIAL ZONE OF THE
TRIANGLE SPECIFIC PLAN AREA
WHEREAS, Specific Plan 276 (Murrieta Springs Mall) was originally adopted by the County of Riverside on October 30, 1990 for an indoor retail mall, including uses such as offices, restaurant, entertainment, and hotel, with a maximum of approximately 1.7 million square feet, which also included certification of Environmental Impact Report (EIR) 358 (SCH No. 90020608); and WHEREAS, on October 1, 2013, City Council adopted Resolution 13-3151, certifying Subsequent Environmental Impact Report (SEIR) associated with the approval of Specific Plan Amendment No. 1 to Specific Plan 276, finding that short term and long term traffic impacts and air quality impacts (operational, cumulative, and AQMP Consistency) associated with the development of the project could not be reduced to a level of less than significance even with the imposition of feasible mitigation measures. All other project impacts were found to either be less than significant or less than significant with the adoption of mitigation measures; and WHEREAS, the applicant, Tres Estrellas, LLC (Applicant) on behalf of Tres Estrellas and Domenigoni Barton Properties, LLC (DBP) (Owner) filed applications with the City of Murrieta (City) for Specific Plan Amendment No. 2 (SP-2023-00003) to Specific Plan 276 (The Triangle), Tentative Tract Map 38622 (TTM-2022-2706), and Development Plan 2022-2705 to a 64.3 acre area (Project); and
WHEREAS, the Project site is generally located south of Murrieta Hot Springs Road and between Interstate Highway 15 (I-15) and 215 (I-215) in the City of Murrieta and County of Riverside; and WHEREAS, the project area legal description is described as Parcels 1 through 29 of Parcel Map 28280, in the city of Murrieta, County of Riverside, State of California, as per plat recorded in Book -390-001
through 910-390-003, 910-390-008 through -018, 910-390-020 through 910-390-022, 910-400-001 through -018 all owned by Owner; and
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WHEREAS, Applicant has submitted an application in accordance with Murrieta Municipal Code Title 16 (Development Code), Chapter 16.66 for Specific Plan Amendment (SPA) No.2 to SP 276 (The Triangle Specific Plan); and
WHEREAS, Applicant has submitted an application in accordance with Development Code Chapter
16.56 for Development Plan (DP-2022-2705) proposing the development of a 279,538 square foot regional commercial center on approximately 36.5 acres of the project site; and WHEREAS, Applicant has submitted an application in accordance with Development Code Chapter
16.94 for Tentative Tract Map 36822 (TTM 2022-2706) proposing a 23 lot subdivision on 64.3 acres; and
WHEREAS, the proposed SPA maintains the development of approximately 1.7 million square feet of retail commercial, office, entertainment, and restaurant uses which was evaluated in the 2013 Specific Plan Amendment No. 1; and
WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Section 21000 et seq. A the proposed approvals for the Project are subject to review under CEQA, and the City of Murrieta as the lead agency, is responsible for assessing the environmental impacts, if any, which may result from the Project; and
WHEREAS
environmental impacts and has determined that the Project will not: (1) result in any new significant impacts or a substantial increase in the severity of previously identified significant impacts as compared to the environmental impacts of the Specific Plan Amendment No. 1 that were examined in the SEIR; or (2) require any new mitigation measures or alternatives. The applicable mitigation measures identified in the SEIR for Specific Plan Amendment No. 1 are incorporated into the design of the Project or are imposed either as mitigation measures or as conditions of approval for the Project, or both, as appropriate. The City, therefore, has prepared an Addendum to the SEIR (Addendum) for the Project pursuant to Public Resources Code Sections 21166 and CEQA Guidelines Sections 15162 and 15164; and
WHEREAS, a public hearing was duly noticed for the Planning Commission meeting of July 24, 2024, by mailing a notice to property owners within a 300-foot radius of the site, publishing the notice in The Press Enterprise newspaper, and posting the Project site on or before July 14, 2024; and
WHEREAS, on July 24, 2024, the Planning Commission held a duly noticed public hearing, and considered all written and oral reports of staff, public testimony on the matter, and written and oral testimony provided by the applicant and such other matters as are reflected in the record of this matter; and
WHEREAS, the Planning Commission made a written recommendation to the City Council to approve: (1) the proposed Specific Plan Amendment and make findings as required by Development Code Section 16.66.100, (2) the Development Plan based on the findings contained in Development Code Section 16.56.040, and (3) proposed Tentative Tract Map based on the findings contained in Development Code Section 16.94.080, such that at its meeting of July 24, 2024, the Planning 01375.0031/1004613.4
Commission recommended that the City Council adopt an Ordinance and Resolution approving the project; and
WHEREAS, the Planning Commission used its independent judgment and considered all the reports, recommendations, and testimony set forth above, and, with a vote (3-0-1-1) recommended the approvals described above with an additional recommendation to add a requirement for the developer to provide a space within the center for the Police Department (if requested by the Police Department); and
WHEREAS, a hearing on this matter was duly noticed as provided in Development Code Chapter16.76 for the City Council meeting of August 20, 2024; and
WHEREAS, the City Council has considered the facts presented in this case, including the written and oral staff reports on the Project, public testimony, and written and oral evidence presented to the Planning Commission; and WHEREAS, the City Council has considered the Addendum along with the SEIR for the Project pursuant to CEQA Guidelines Section 15164(d).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MURRIETA, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the above recitals are true and correct and incorporated herein by this reference.
SECTION 2. That the Project, as conditioned, conforms to the regulations contained within Title 16 of the Murrieta Development Code, the proposed requirements of Specific Plan Amendment No. 2, Murrieta Development Code, and with the adopted elements of the Murrieta General Plan.
SECTION 3. The City Council has independently considered the Addendum, along with the SEIR for the Project, and finds that no further environmental documentation is permitted or required because: (i) there are no substantial changes in the Project requiring major revisions of the SEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (ii) there are no substantial changes with respect to the circumstances under which the Project is being undertaken which will require major revisions of the SEIR for the Project due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; and (iii) there is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the SEIR was certified for Specific Plan Amendment No. 1, showing that: (a) the Project will have one or more significant effects not discussed in the SEIR for Specific Plan Amendment No. 1; (b) significant effects previously examined will be substantially more severe than shown in the SEIR for Specific Plan Amendment No. 1; (c) mitigation measures or alternatives previously found not feasible would in fact be feasible, and would substantially reduce one or more significant effects of the Project, but the mitigation measures or alternatives have not been adopted; or (d) mitigation measures or 01375.0031/1004613.4
alternatives considerably different from those analyzed in the SEIR for Specific Plan Amendment No. 1 would substantially reduce one or more significant effects on the environment, but those mitigation measures or alternatives have not been adopted. (Public Resources Code § 21166 and CEQA Guidelines §§ 15162 and 15164.)
SECTION 4. The Addendum, attached hereto as Exhibit "C" is hereby adopted.
SECTION 5. Based upon the evidence presented, the City Council finds that approval of Tentative Tract Map 2022-2706 (TTM 38622) is appropriate pursuant to Development Code Chapter
16.94, subject to the approval of an Ordinance approving Specific Plan Amendment no. 2 for the Project:
A. The proposed map, design or improvement is consistent with the objectives, policies, general land uses, and programs of the general plan and any applicable specific plans and all applicable provisions of the Murrieta Development Code.
FACTS: The Specific Plan identifies the various objectives and how it meets or implements The project (Specific Plan Amendment/Tentative Tract Map/Development Plan) is consistent
General Plan Goal LU-1 -
that meets the needs of existing residents and businesses as well as anticipated growth, and
Policy LU-1.2, Ensure future development provides for a variety of commercial, industry, and housing that serve the spectrum of incomes within the region.
Policy LU-1.3, Establish a range of residential density and non-residential intensities to encourage a wide range of development opportunities.
Policy LU-1.5, Encourage a wide variety of retail and commercial services, such as restaurants, and cultural arts/entertainment, in appropriate locations.
Goal LU-
Policy LU-7.1, Work with property owners of vacant commercially zoned property to develop their sites into appropriate, economically viable projects.
Policy LU7.5, Provide convenient freeway access for regionally-serving commercial centers to attract a regional customer base.
Policy LU-7.6, Focus commercial retail centers adjacent to major transportation corridors
Policy LU-7.8, Encourage consolidation of parking and reciprocal access agreements between adjacent business and commercial center property owners.
Policy LU-7.9, Encourage opportunities for complementary retail and service uses to serve local residents and the daytime employment population.
Policy LU-7.10, Encourage a range of retail uses that serve local residents in the region.
Goal LU-8 -oriented
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Policy LU-8.1, Encourage integrated development that incorporates a mix of uses (residential, commercial, office) in mixed use or transit-oriented development areas.
Policy LU-8.6, Encourage higher density residential, commercial, and employment development near a future Metrolink or High Speed Rail Station, along other major public transportation routes, and at other suitable locations.
Goal LU-12
Policy LU-12.1, Provide for the highest level of retail and job-creating uses in areas adjacent to the I-15 and I-215 freeways. This includes the North Murrieta Business Corridor, Golden Triangle North (Central Murrieta), and South Murrieta Business Corridor Focus Areas.
Goal ED-1- -use regional hub located at
the confluence of the I-15 and I- -1.1 &
ED-1.3. The project provides the opportunity for a variety of commercial uses including retail, food/restaurant, and service uses which is conveniently located near two major freeways that will serve the region and the local residents. The planned additional services, employment opportunities, and potential fiscal revenue sources are intended to bring further balance to the existing and future residential uses in the city. The specific plan allows for a higher intensity of development and the Development Plan represents a phase within the specific plan with additional vacant land remaining for future development.
Other specific goals and policies the Project is consistent with are: General Plan Goal CIR-
1. addressing the inter- Policy
CIR-1.1, CIR-1.3, CIR-1.10), Goal CIR-6
available to serve residents and employers/employees and reduce vehicle miles -6.8, CIR-6.9, and CIR-6.13).
The project is limited to two main access drives and a restricted turning movement for the third access drive. The project is conditioned to provide a bus stop (turnout), shelter, and bench and is required to provide a Trip Reduction Plan prior to occupancy. Murrieta Hot Springs Road has a bike lane and the project is designed with bike lanes on the primary drive access. Additionally, a landscaped area will be provided between the road and the sidewalk along Murrieta Hot Springs Road.
The project meets Infrastructure Element Goal INF-New development and redevelopment is coordinated with the provision of adequate infrastructure for water, sewer, storm water, -1.1, INF-1.4, and INF-1.21. The project will
construct facilities both on- and off-site to support the area and help protect off-site areas from inundation. These facilities will be constructed by the developer and then dedicated to the appropriate public agency for ownership.
B. The site is physically suitable for the type or density of development proposed.
FACTS: The site is physically suitable for development and is compatible with the surrounding properties. The property fronts a General Plan circulation element public street, Murrieta Hot Springs Road, and is located in close proximity to two state freeways (I-15 and I-215). The development is adequate in size to accommodate the proposed commercial uses 01375.0031/1004613.4
Plan EIR acknowledges future development in the project area. The project site is not located within a Subsidence Susceptibility Map area, Alquist Priolo Earthquake Fault Zone, liquefaction, FEMA flood zone, or dam inundation hazard area.
C. The design of the subdivision or the proposed improvements are unlikely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
FACTS: The design of the tentative map is unlikely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The site is primarily disturbed land and contains very little area of native undisturbed land. No sensitive or protected wildlife was found on the site.
In accordance with CEQA Guidelines (Cal. Code. Regs. Title 14) Section 15164, a Consistency Analysis/Addendum was prepared and determined that the project falls within the scope of the previously certified SEIR as none of the criteria under CEQA Guidelines Section 15162 has occurred; (1) there are no substantial changes to the Project that require major revisions to the SEIR due to new significant environmental effects, (2) there are no substantial changes with respect to the circumstances under which the Project is considered that involve any new significant environmental effects or substantial increase in the severity of previously identified significant effects, and (3) no new information that shows the Project will have more significant effects not previously discussed, no new significant effects previously examined will be substantially more severe than previously shown, no new mitigation measures are necessary. The Project is subject to the previous Mitigation Measures identified in the MMRP.
D. The proposed project will not adversely affect the public health, safety and welfare, nor be materially detrimental to the use, enjoyment, or valuation of persons or other property in the surrounding area.
FACTS: The proposed subdivision was analyzed through the application process and the project is not located within a designated High Fire Hazard Area, on any known areas of Alquist-Priolo Earthquake Fault Zone, dam inundation, subsidence, FEMA flood plain, or liquefaction study zone. The proposed project will not adversely affect the public health, safety and welfare, nor be materially detrimental to the use, enjoyment, or valuation of persons or other property in the surrounding area.
E. The design of the subdivision and the type of improvements would not conflict with easements, acquired by the public at large for access through or use of property within the proposed subdivision.
FACTS: The proposed subdivision is conditioned to establish reciprocal access, parking and utility easements for each of the parcels. The improvements are conditioned through the Tentative Map. The proposed subdivision will not impact any easements or any other use of the property.
F. The proposed Tentative Tract Map is consistent with the Murrieta Municipal Code and the Subdivision Map Act and complies with all applicable requirements of state law and local ordinances.
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FACTS: The proposed Tentative Tract Map is consistent with the Specific Plan, Murrieta Municipal Code and the Subdivision Map Act and complies with all applicable requirements of state law and local ordinances. Parcels meet the specific plan development requirements for commercial parcels in terms of minimum lot size and access. All the parcels have access The tentative parcel map includes the dedication of access easements to ensure public and utility access to all the parcels.
SECTION 6. Based upon the evidence presented, the City Council makes the following findings of fact for Development Plan 2022-2705 pursuant to Development Code Section 16.56.040, subject to the approval of an Ordinance approving Specific Plan Amendment no. 2 for the Project:
A. The proposed use is allowed within the subject zoning district and complies with all applicable provisions of this development code (specific plan).
FACTS: The proposed Project is consistent with the SP 276 (The Triangle) zone and the development standards. The Development Plan complies with The Triangle Specific Plan requirements including but not limited to setbacks, building height, parking, landscape requirements, and building design. For example, the project is required to provide a minimum landscape percentage of 20% and is providing 28%. The project is required to provide 1438 parking spaces based on the uses identified on the project plans and the project is providing 1,675 parking spaces. The parking lots meet the minimum shading requirements and the project meets all landscape setback requirements along the perimeter of the project and along Murrieta Hot Springs Road.
B. The proposed use would be consistent with the objectives, policies, general land uses and programs of the General Plan and any applicable specific plan.
FACTS: The specific plan identifies the various objectives and how it meets or implements The project (Specific Plan Amendment/Tentative Tract Map/Development Plan) is consistent
General Plan Goal LU-1 -
that meets the needs of existing residents and businesses as well as anticipated growth, and
Policy LU-1.2, Ensure future development provides for a variety of commercial, industry, and housing that serve the spectrum of incomes within the region.
Policy LU-1.3, Establish a range of residential density and non-residential intensities to encourage a wide range of development opportunities.
Policy LU-1.5, Encourage a wide variety of retail and commercial services, such as restaurants, and cultural arts/entertainment, in appropriate locations.
Goal LU-
Policy LU-7.1, Work with property owners of vacant commercially zoned property to develop their sites into appropriate, economically viable projects. 01375.0031/1004613.4
Policy LU7.5, Provide convenient freeway access for regionally-serving commercial centers to attract a regional customer base.
Policy LU-7.6, Focus commercial retail centers adjacent to major transportation corridors
Policy LU-7.8, Encourage consolidation of parking and reciprocal access agreements between adjacent business and commercial center property owners.
Policy LU-7.9, Encourage opportunities for complementary retail and service uses to serve local residents and the daytime employment population.
Policy LU-7.10, Encourage a range of retail uses that serve local residents in the region.
Goal LU-8 -oriented
Policy LU-8.1, Encourage integrated development that incorporates a mix of uses (residential, commercial, office) in mixed use or transit-oriented development areas.
Policy LU-8.6, Encourage higher density residential, commercial, and employment development near a future Metrolink or High Speed Rail Station, along other major public transportation routes, and at other suitable locations.
Goal LU-12
Policy LU-12.1, Provide for the highest level of retail and job-creating uses in areas adjacent to the I-15 and I-215 freeways. This includes the North Murrieta Business Corridor, Golden Triangle North (Central Murrieta), and South Murrieta Business Corridor Focus Areas.
Goal ED-1- -use regional hub located at
the confluence of the I-15 and I- -1.1 &
ED-1.3. The project provides the opportunity for a variety of commercial uses including retail, food/restaurant, and service uses which is conveniently located near two major freeways that will serve the region and the local residents. The planned additional services, employment opportunities, and potential fiscal revenue sources are intended to bring further balance to the existing and future residential uses in the city. The specific plan allows for a higher intensity of development and the Development Plan represents a phase within the specific plan with additional vacant land remaining for future development.
Other specific goals and policies the Project is consistent with are: General Plan Goal CIR-
1. addressing the inter- Policy
CIR-1.1, CIR-1.3, CIR-1.10), Goal CIR-6
available to serve residents and employers/employees and reduce vehicle miles -6.8, CIR-6.9, and CIR-6.13).
The project is limited to two main access drives and a restricted turning movement for the third access drive. The project is conditioned to provide a bus stop (turnout), shelter, and bench and is required to provide a Trip Reduction Plan prior to occupancy. Murrieta Hot Springs Road has a bike lane and the project is designed with bike lanes on the primary drive access. Additionally, a landscaped area will be provided between the road and the sidewalk along Murrieta Hot Springs Road.
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The project meets Infrastructure Element Goal INF-New development and redevelopment is coordinated with the provision of adequate infrastructure for water, sewer, storm water, -1.1, INF-1.4, and INF-1.21. The project will
construct facilities both on- and off-site to support the area and help protect off-site areas from inundation. These facilities will be constructed by the developer and then dedicated to the appropriate public agency for ownership.
C. The proposed use is in compliance with the provisions of the California Environmental Quality Act and there would be no potentially significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored.
FACTS: In accordance with CEQA Guidelines (Cal. Code. Regs. Title 14) Section 15164, an Addendum was prepared and determined that the project falls within the scope of the previously certified SEIR as none of the criteria under CEQA Guidelines Section 15162 has occurred; (1) there are no substantial changes to the Project that require major revisions to the SEIR due to new significant environmental effects, (2) there are no substantial changes with respect to the circumstances under which the Project is considered that involve any new significant environmental effects or substantial increase in the severity of previously identified significant effects, and (3) no new information that shows the Project will have more significant effects not previously discussed, no new significant effects previously examined will be substantially more severe than previously shown, no new mitigation measures are necessary. The Project is subject to the previous Mitigation Measures identified in the MMRP.
D. The location, size, design and operating characteristics of the proposed use would be compatible with existing land uses within the general area in which the proposed use is to be located.
FACTS: The location, size, design and operating characteristics of the proposed use is compatible to the surrounding properties as it is surrounded by two freeways to the east, south, and west and a major circulation street to the north, Murrieta Hot Springs Road. There is currently commercial development on the north side of Murrieta Hot Springs Road and the proposed Development Plan proposes retail development similar in nature to what is in proximity to the project site.
E. The site of the proposed use is physically suitable for the type and density/intensity of development being proposed.
FACTS: The site is physically suitable for development and is compatible with the surrounding properties. The property fronts a General Plan circulation element public street, Murrieta Hot Springs Road, and is located in close proximity to two state freeways (I-15 and I-215). The development is adequate in size to accommodate the proposed commercial uses Plan EIR acknowledges future development in the project area. The project site is not located within a Subsidence Susceptibility Map area, Alquist Priolo Earthquake Fault Zone, liquefaction, FEMA flood zone, or dam inundation hazard area.
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F. There are adequate provisions for sanitation, water, and public utilities to ensure public convenience, health, safety, and general welfare.
FACTS: The Eastern Municipal Water District will provide sewer and water services; electricity will be provided by Southern California Edison Company; and gas by Southern California Gas Company. These facilities will require extensions within Murrieta Hot Springs Road to the Project site.
SECTION 7. The City Council hereby approves Development Plan 2022-2705 and Tentative Tract Map 2022-2706 (TTM 38622) based on the above findings, staff report, the Addendum (Exhibit C) and all written and oral reports of staff, and public testimony on the matter, and written and oral testimony provided by the Applicant and such other matters as are reflected in the record of this matter
the approval of an Ordinance approving Specific Plan Amendment No. 2 for the Project.
PASSED AND ADOPTED this 20th day of August 2024.
Lori Stone, Mayor
ATTEST:
Cristal McDonald, City Clerk
APPROVED AS TO FORM:
Tiffany Israel, City Attorney
01375.0031/1004613.4
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )§
CITY OF MURRIETA )
I, Cristal McDonald, City Clerk of the City of Murrieta, California, do hereby certify that the foregoing Resolution No. 24-4779 was duly passed and adopted by the City Council of the City of Murrieta at the regular meeting thereof, held on the 20t h day of August 2024, and was signed by the Mayor of the said City, and that the same was passed and adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Cristal McDonald City Clerk
DRAFT CONDITIONS OF APPROVAL
FOR
DEVELOPMENT PLAN 2022-2705 (EPL # 2023-00017)
AUGUST 20, 2024
GENERAL:
The project approval represents the initial construction of SP 276 (The Triangle). DP-2022- 2705 consists of the construction of a 268,438 square foot regional shopping center with approximately 11,100 s.f. of outdoor dining area (total = 279,538 square foot) within 18 buildings, 1675 parking spaces, on 36.46 net acres of an overall total project site of 64.28 acres. . All construction plans and use shall be in substantial conformance with the approved site plans, floor plans, elevations, material and color board, landscaping plans. This permit runs with the land and shall be binding upon Permittee/Owner of the subject property and all subsequent successors in interest to the Permittee/Owner as to such land.
1. The Permittee/Owner shall defend (with attorneys approved by the City), indemnify and hold harmless the City of Murrieta, its agents, officers, and employees from any claims, damages, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning this approval of Development Plan 2022-2705.
The City will promptly notify the Permittee/Owner of any such claim, action, or proceeding against the City and will cooperate fully in the defense.
2. Any fees due the City of Murrieta for processing this project shall be paid to the City within thirty (30) calendar days of final action by the approval authority .
Failure to pay such outstanding fees within the time specified shall invalidate any approval or conditional approval granted. No permits, site work, or other actions authorized by this action shall be processed by the City, nor permitted, authorized or commenced until all outstanding fees are paid to the City.
3. Pursuant to Section 711.4 of the State of California Fish and Game Code, the permittee is required to pay a $50.00 handling fee and a certification fee for the filing of a Notice of Determination related to the Triangle (Murrieta Springs Mall) Subsequent EIR. Said fees shall be paid to the Clerk/Recorder of the County of Riverside at the time the Notice of Determination is filed pursuant to Section 21152 of the Public Resources Code. If this fee is not paid, the approval of this project shall not be operative, vested, or final. To comply with State-mandated timelines for filing a Notice of Determination, the applicant shall file the NOD
to remit the required fee in full within the time specified above will result in a delay of the start of the 180-day statute of limitations (SOL) on Court challenges to the approval under CEQA, whereas recordation of the NOD within five (5) days of project approval limits the SOL to 35 days. In order to comply with State mandated timelines for filing of a Notice of Determination, the above fee must be paid within five (5) days after the date of final approval.
4. This approval shall be implemented within four (4) years of approval date, August 20, 2024, otherwise it shall become null and void and of no effect whatsoever in accordance with SP 276 (The Triangle) and Development Code Section 16.52.060.B and 16.80.50.
Draft Conditions of Approval
Case No. DP-2022-2705
August 20, 2024
5. Prior to the expiration of this approval, the Permittee/Owner may request an extension of time in accordance with The Triangle Specific Plan 276 Section 4.2.1-Development Plans.
6. This implementing Development Plan is within Planning Area(s) 1,2, and 3.
This implementing project consists of 36.46 acres.
This implementing project consists of:
_____ 195,997___ ______ square feet of retail/service, ________1,194_________ square feet of office _______82,347_+11,100 (outdoor)___square feet of restaurant ______ _____0__________ square feet of hospitality (# of rooms) 279,538 square feet + 11,100 outdoor dining
7. The project shall be in substantial conformance with all adopted environmental mitigation measures, any written project proposal information and any verbal agreements or representations made by applicant to the decision-making body as part of its consideration of the project that are incorporated into the final written conditions of approval. Any proposed change substantially different than the approved project shall require an amendment to this approval in accordance with the Development Code.
8. Development Code, The Triangle Specific Plan, and all other applicable State and Federal Codes.
9. Subsequent modifications of this approval, which do not intensify the use, including but not limited to reorientation of structures, alteration of parking and circulation design, minor changes to the conditions of approval, interpretations of the conditions of approval relative to intent, necessity of, and timing, may be approved by the Director, unless the Director requires a Substantial Conformance or Revised Permit application in accordance with the Development Code.
10. The Permittee/Owner shall pay all applicable impact and/or mitigation fees or provide proof that all required fees have been paid in accordance with City policies and ordinances in effect at the time of permit issuance.
11. In the event the use(s) hereby permitted under this permit is: (a) found to be in violation of the terms and conditions of this permit; (b) found to have been obtained by fraud or perjured testimony; or (c) found to be detrimental to the public health, safety or general welfare, or a public nuisance; this permit shall be subject to the revocation procedures in Section 16.82 of the Development Code.
12. The Permittee/Owner shall comply with all applicable provisions of federal, state and local ordinances in effect at the time of building permit issuance.
13. The Permittee/Owner shall obtain approval of all necessary plans for the construction of the new structure proposed by the project on the subject property in accordance with the Murrieta Development Code. Such plans include, but are not limited to, site plans, floor plans, building elevations, grading plans and landscaping plans.
Draft Conditions of Approval
Case No. DP-2022-2705
August 20, 2024
14. The Permittee/Owner shall comply with and implement all applicable Mitigation Measures (MM) and Project Design Features (PDF) contained in the Mitigation Monitoring & Reporting Program (MMRP), as identified in the Subsequent Environmental Impact Report (SEIR).
For each permit request, the applicant shall submit a Mitigation Monitoring Reporting Program Compliance Plan indicating the items that are being implemented or satisfied, accompanied by the proof of how the mitigation measure is satisfied. The format shall be in the form of a binder containing the following: (1) cover sheet indicating the permit request phase, (2) table of contents, (3) copy of the MMRP filled out indicating items addressed, (4) supporting information demonstrating compliance
15. Applicant's conceptual plans for various improvements, including but not limited to all off- site improvements, emergency access, building elevations, floor plans, landscaping and irrigation, site grading and drainage, ADA accessibility, sight lighting, and on-site parking and circulation. Prior to issuance of any permits, the Applicant shall submit final design plans to the City for review and approval. The plans shall meet or exceed the receive the required permits and any subsequent approvals.
16. The project site shall be the point-of-sale for the purpose of collecting any sales tax on goods that are sold, delivered or rented on the site.
Parking, Loading, and Lighting
17. Parking for this project was determined on the basis of the parking standards contained in the Triangle Specific Plan, which requires a minimum of 1675 parking spaces in accordance with the approved site plan showing 279,538 square feet of retail, restaurant/food, outdoor dining, and office uses. The number of parking spaces required are established based on the uses and building square footage identified on Sheet A-
00.1-Parking Data. The project shall provide 1675 parking spaces as identified on the site plan. Any changes to the number of parking spaces shall be based on the city minimum requirement and is subject to review in accordance with SP 276, Section 4.5.3.
18. All parking shall be designed and improved pursuant to parking standards contained in the Triangle Specific Plan, and when not clearly addressed Chapter 16.34 of the Murrieta Development Code, and shall be in conformance with the approved site plan.
19. There shall be no parking of semi-truck with trailers, unless associated with a service provided to the site. This condition does not apply to vehicles parked overnight in the loading areas.
20. A minimum of 84 bicycle rack/spaces (1675 x 5%) shall be provided in compliance with the Triangle Specific Plan. 120 bicycle spaces are shown on the approved preliminary site plan. A reduced number of bicycle racks/spaces (from the 120 spaces shown) may be provided as long as the 5% is maintained and the bicycle rack/spaces are Draft Conditions of Approval
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conveniently spaced throughout the center consistent with the spacing shown on the preliminary site plans.
Bicycle spaces for employees shall be secure, enclosed spaces that are located in a key-accessed area and are illuminated at night. Bicycle spaces for visitors and customers shall include bicycle racks located in areas that are clearly visible from a primary building entrance, illuminated at night, and protected from damage from moving and parked vehicles. These racks shall include provision for securing bicycles in which the user may lock the frame and wheels. (Triangle Specific Plan 2.9, No. 8/ PDF 2-3/ /PDF 10-6).
21. Parking spaces(s) for persons with disabilities shall be provided as shown on APPROVED PLANS. Each parking space reserved for persons with disabilities shall:
(a) be identified by a permanently affixed reflective sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility; (b) not be smaller than 70 square inches in area; (c) be centered at the interior end of the parking space at a minimum height of 80 inches from the bottom of the sign to the parking space finished grade; and (d) have a surface identification sign duplicating the symbol of the accessibility in blue paint of at least 3 square feet in size.
22. A sign shall be posted in a conspicuous place at each entrance to the off-street parking area, not less than 17-inches by 22-inches, clearly and conspicuously stating the language provided by the Building and Safety Division regarding accessible parking.
23. A minimum of fourteen (14) loading spaces(s) shall be provided in accordance with Section 16.34.100 of the Development Code as shown on the approved plans or as otherwise provided for as shared loading spaces under SP 276. The loading space shall be surfaced with six (6) inches of concrete over a suitable base and shall not be less than 15 feet wide by 25 feet long, with 14 feet vertical clearance.
24. The retail area shall post signs limiting idling time for commercial vehicles to no more than five minutes. (Triangle Specific Plan 2.9, No. 6/ PDF 11-4) Sign(s) stating (MORE THAN 5 MINUTES) IDLING FOR COMMERCIAL VEHICLES IS areas. The sign(s) shall not be less than twenty-four inches square and will provide directions to truck parking spaces with electrical hookups. The hookups will provide power for refrigerated trailers that need to be parked on-sight for more than 15 minutes.
25. All exterior lighting shall comply with the Mt. Palomar Special Lighting Area, as defined in Section 16.18.110 and Section 16.18.100 Lighting of the Development Code.
26. All lighting fixtures including within parking areas shall be designed with shielding or cut- off fixtures to project in a downward manner to minimize glare and to not shine directly upon adjoining property or public rights-of-way.
Other
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27. Pedestrian site design elements such as enhanced walking paths, trellis, and arbors as shown on the site plan shall be incorporated into the construction drawings and installed prior to any occupancy.
28. Roof gutters and downspouts are not permitted on the exterior of the front elevation of a building or building elevation facing Murrieta Hot Springs Road when the building is located within 100 feet of Murrieta Hot Springs Road, unless architecturally integrated into the building architecture. When roof gutters and downspouts are permitted on the exterior building elevation, they shall be painted the same color as the underlying wall color.
29. No signs are approved pursuant to this project approval. Prior to the installation of any on-site advertising or directional signs, a sign program shall be submitted to and approved by the Planning Division (Planning).
30. All trash bins shall be stored in approved enclosures and screened in compliance with Sections 16.18.120 and 16.18.150 of the Murrieta Development Code. The location of the enclosures must be shown on the precise grade plan and shall provide a minimum of 2021 square feet of refuse storage area (1010.5 square feet for refuse and 1010.5 square feet for recycling).
a. Refuse/recycle/organic bins shall be stored in approved enclosures and screened in compliance with Sections 16.18.120 and 16.18.150 of the Murrieta Development Code as shown on Sheet A-040 through A-042 of the approved plans.
b. The location of the enclosures must be shown on the precise grade plan and the surface, including the access apron, shall be constructed with concrete with a concrete apron a minimum of 6 inches thickness
31. Two trash compactors, as shown on the site plan, shall be provided for the project in-lieu of providing the minimum of 576 square feet of refuse/recycle area (288 square feet for refuse and 288 square feet for recycling) in accordance with Section 16.18.150. Prior to building permit issuance, the permittee shall provide verification from the waste provider of their ability to serve the site with the two compactors and that the area is adequate for the necessary refuse/recycling containers.
a. Compactors shall be stored in approved enclosures and screened in compliance with Sections 16.18.120 and 16.18.150 of the Murrieta Development Code. b. The location of the enclosures must be shown on the precise grade plan and the surface, including the access apron, shall be constructed with a concrete apron a minimum of 6 inches thickness.
32. Recycling receptacles shall be located adjacent to trash receptacles in casual seating and dining areas and in plazas and courtyards to provide the opportunity for consumer recycling (Triangle Specific Plan 2.9, No. 7/ PDF 9-4/ PDF 11-5).
33. Product deliveries to this location shall not be permitted between the hours of 10:00pm and 6:00am. In accordance with Development Code Section 16.30.130 B.
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34. All installed landscaping shall be maintained in good order and health in compliance with the approved landscape plans.
35. Any mechanical equipment and vents (ground or rooftop) shall be screened from view (per the approved plan) from any public right of ways (including Interstate 15 & 215), landscaping area, and open space area unless otherwise provided for under SPA 276.
Line of sight details shall be included in/on the plans for review for building permit issuance and stamped by a licensed architect. In addition, details including the height of the roof-top equipment and height of the parapet must be a detail within/on the plans for building permit issuance.
If any time during the building inspection process, any roof-top equipment is found to exceed the height provided in the details of the approved plans for building permit issuance, the applicant must submit proposed method for screening of the equipment.
Approval of such screening method is at the discretion of the Planning Division.
Planning Division approval and Building Permit issuance must be obtained prior to any installation of the proposed screening method.
36. If applicable: An interior room which may be shared by more than one tenant, with direct exterior access, shall be provided for the placement of main utility electrical switch gear distribution, roof access ladders and any other mechanical or utility equipment.
37. Walls or retaining walls proposed on-site shall be decorative and be comprised of the slump-stone, split face material, or approved landscaped geofabric interlocking landscape walls. All proposed walls shall comply with the Development Code with regards to setbacks and height limitations.
38. The project shall comply with the provisions pertaining to construction activity as stated in Section 16.30.130 of the City of Murrieta Municipal Code:
a. The operation of tools or equipment used in construction, drilling, repair, alteration, or demolition work is prohibited between Monday through Saturday, from 7 P.M. and 7 A.M., or at any time on Sundays or holidays. b. Construction activities must be conducted in a manner that the maximum noise levels at the affected structures would not exceed those listed in section 16.30.130.
c. All mobile or stationary internal combustion engine powered equipment or machinery shall be equipped with suitable exhaust and air-intake silencers in proper working order.
39. All flat, non-visible portions of building roofs shall be cool colors that have a high solar reflectance and thermal emittance. These characteristics reflect light, thereby reducing heat transfer and further the ability to allow heat to escape from a surface once it has been absorbed (SP Section 2.9, No 5/ PDF 11-3).
40. Prior to issuance of occupancy permits, and in coordination with the City of Murrieta, the Property Owner/Developer shall implement security measures and design features to Draft Conditions of Approval
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reduce the demand for police services. Additional security measures may include, but not be limited to:
Private security personnel staffed at the project site; On-site security cameras that are monitored;
Increased lighting around facilities and parking lots;
Anti-graffiti measures;
On-site medical aide; and
On-site, private, plain-clothed store security in retail businesses or anti- theft electronic monitors.
Evidence that security measures have been implemented to the satisfaction of the City shall be provided to the Community Development Department and Police Department. (MM 9-1).
41. Prior to building permit issuance for Building E, the permittee shall provide modifications to the Internal Connector Road and Murrieta Hot Spring Road facing building elevations to address the following Specific Plan Design Guidelines requirements:
a) Massing -Provide horizontal and vertical wall articulation through the use of arcades, towers, wall recesses/ projections, and setting back the upper floors.
Facades shall incorporate wall plane projections and recesses having a depth of at least three percent of the length of the façade and extending at least twenty percent of the length of the façade. (16.10.030.C.3.a.1) b) Facades of buildings facing the Internal Connector Road and Murrieta Hot Springs Road shall be fully articulated. Facades of buildings facing the freeway and rear may incorporate less detailing in consideration of the distance to the highway, but these facades shall include design elements that provide an appropriate level of interest.
42. Prior to occupancy, the permittee shall coordinate with the Police Department to provide an office space for use by the City of Murrieta Police Department, within the project boundaries, with the size, location, timing, and scope to be determined by staff in coordination with the Permittee.
Prior to Grading Permit Issuance
43. Grading plans must be reviewed by the Planning Division for compliance with the approved site plan.
44. Prior to the issuance of grading permits, the project applicant shall comply with the provisions of any existing City ordinance that has been established as a mitigation measure for the Stephens' Kangaroo Rat. These ordinances may include fee schedules, mechanisms for protecting habitat, or a combination thereof.
45. If the project is to be phased, a phasing plan shall be submitted and approved prior to grading permit issuance.
46. A minimum of 30-days prior to the placement of a construction trailer, a Temporary Use Permit application shall be submitted for review and approval.
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47. Prior to issuance of a street improvement plan, plans shall show the location of a bus turnout on Murrieta Hot Springs Road (MMRP PDF 2-3/ PDF 10-7) The bus turnout and shelters located on Murrieta Hot Springs Road shall include a roof canopy, seating, and shade trees nearby to provide shelter for riders.
48. Prior to any ground disturbance or issuance of any grading plan, the Permittee shall submit a report prepared by a qualified biologist to the City documenting absence of
Prior to Building Permit Issuance
49. If applicable, a minimum of 30-days prior to building permit issuance, the applicant shall submit an application for addressing.
50. The local postal delivery office shall review and approve all proposed postal delivery arrangements. The applicant shall provide the City with evidence of postal service approval.
51. All exterior/outdoor lighting fixtures including parking lot lights and outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety for plan check approval and shall comply with the requirements of Development Code Section
16.18.100-Lighting and 16.18.110-Mt Palomar Lighting Standards.
52. A comprehensive master sign program for the project shall be submitted to the Planning Division for review, and approved prior to any building occupancy (PDF 1-9).
53. Tentative Tract Map 38622 shall be recorded. For any proposed buildings crossing over property lines, a lot line adjustment or parcel map shall be recorded.
Prior to Occupancy
54. Unless otherwise indicated, all conditions, and other requirements shall be fully constructed and implemented prior to final inspection of the building and/or site improvements.
55. The applicant shall contact the Planning Division a minimum of 72-hours to allow for scheduling of any inspection required for this project.
56. Comprehensive Sign Program for the project shall be approved.
57. All existing outdoor advertising displays, signs shall be removed, except for signs permitted by the Development Code.
58. Prior to the first release of occupancy for any development or building on any parcel approved by this development plan permit, a plan shall be provided to the City for and shall provide/identify temporary landscaping and a decorative barrier around the perimeter of undeveloped parcels. The temporary landscaping is subject to the approval of the City Landscape Architect and the Public Works Division. Temporary landscaping Draft Conditions of Approval
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shall also include a temporary irrigation system. All exterior perimeter landscaping, on- site driveway(s), parking areas, common areas, and pedestrian linkages shall be constructed prior to the release of first/any occupancy.
59. Recycling receptacles shall be located adjacent to trash receptacles in casual seating and dining areas and in plazas and courtyards to provide the opportunity for consumer recycling (PDF 9-4/PDF 11-5).
General Plan Mitigation Measures
60. (AES-2) During Pre-Construction and Construction-Construction documents shall include language requiring that construction vehicles be kept clean and free of mud and dust prior to leaving the development site. Streets surrounding the development site shall be swept daily and maintained free of dirt and debris.
61. (AES-3) During Pre-Construction and Construction-Construction worker parking may be located off-site with prior approval by the City. On-street parking of construction worker vehicles on residential streets shall be prohibited.
62. (CR-2) During Excavation and Grading Activities-In the event that cultural resources (archaeological, historical, paleontological) resources are inadvertently unearthed during excavation and grading activities of any future development project, the contractor shall cease all earth-disturbing activities within a 100-foot radius of the area of discovery. If not already retained due to conditions present pursuant to Mitigation Measure CR-1, the project proponent shall retain a qualified professional (i.e., archaeologist, historian, architect, paleontologist, Native American Tribal monitor), subject to approval by the City of Murrieta to evaluate the significance of the find and appropriate course of action (refer to Mitigation Measures CR-1 and CR-3). If avoidance of the resources is not feasible, salvage operation requirements pursuant to Section 15064.5 of the CEQA Guidelines shall be followed. After the find has been appropriately avoided or mitigated, work in the area may resume.
63. (CR-3) During Excavation and Grading Activities-In the event that human remains are unearthed during excavation and grading activities of any future development project, all activity shall cease immediately. Pursuant to State Health and Safety Code Section 7050.5, no further disturbance shall occur until the County coroner has made the necessary findings as to origin and disposition pursuant to Public Resources Code Section 5097.98. If the remains are determined to be of Native American descent, the coroner shall within 24 hours notify the Native American Heritage Commission (NAHC).
The NAHC shall then contact the most likely descendant of the deceased Native American, who shall serve as consultant on how to proceed with the remains.
64. (WW-2) Prior to issuance of a building permit for any future development project, the Project Applicant shall prepare an engineering study to support the adequacy of the sewer systems and submit the engineering study to the City for review and approval.
Any improvements recommended in the engineering study shall be installed prior to the certificate of occupancy for the development project.
65. (WW-3) Prior to issuance of a building permit for any future development project, the Project Applicant shall provide evidence that the RCWD, EVMWD, WMWD, or Draft Conditions of Approval
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EMWD has sufficient wastewater transmission and treatment plant capacity to accept sewage flows from buildings for which building permits are being requested.
66. (WW-1) Prior to issuance of a wastewater permit for any future development project, the Project Applicant shall pay applicable connection and/or user fees to RCWD, EVMWD, WMWD, or EMWD.
67. (FP-2) Prior to Initiation of Construction Activities-Brush clearance shall be conducted prior to initiation of construction activities in accordance with Murrieta Fire Department requirements.
68. (FP-3) During Construction-Adequate access to all buildings on the project site shall be provided for emergency vehicles during the building construction process.
69. (FP-4) During Construction-Adequate water availability shall be provided to service construction activities.
LANDSCAPING
Prior to the issuance of building permits
70. Project shall comply with the Triangle Specific Plan 276 including all relevant exhibits, landscape requirements, and other requirements, as applicable.
71. Printed copies and one digital copy of landscape construction plans shall be submitted to the Planning Division. Verify quantity of printed copies with Planning Division prior to submission. A licensed Landscape Architect shall prepare the plans. Applicant shall also verify with MCSD submittal requirements for any proposed MCSD maintained landscape areas.
72. The landscape construction plans shall be in substantial conformance with the Administrative Staff, Planning Commission and/or City Council. Notes, details, and specifications shall be included.
73. -
-
74. It is the responsibility of the landscape architect to be aware of and comply with the current policies, and current State of California water efficient landscape requirements.
75. comply with the layout and landscape requirements and standards for Off-Street parking according to Title 16.34 of the Murrieta Municipal Code.
76. comply with the requirements of Title 16.42 Tree Preservation. This chapter provides regulations for the protection, preservation, and maintenance of significant tree Draft Conditions of Approval
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resources and establishes minimum mitigation measures for trees removed as a result of new development.
77. All planter areas shall provide a minimum 5 feet wide planter area clear of curbs, concrete step-out strips, walkways, walls, footings, and overhead supports. Planters of lesser widths may be allowed provided they are in substantial conformance with the preliminary approved landscape concept plans or the Triangle Specific Plan 276. Plant materials for narrow planters shall fit within the provided planter width at maturity and shall not infringe upon or otherwise restrict use of adjacent required pedestrian access ways.
78. comply with the layout and landscape requirements and standards for Off-Street parking according to Title 16.34 of the Murrieta Municipal Code.
79. Diamond-in-profile tree planters are to be configured at sidewalks when directly adjacent to parking spaces. The diamond-in-profile shape will achieve a sufficient plantable area while avoiding conflicts with pedestrian path of travel. Interior plantable area is to be a minimum of 20 square feet, however, 25 square feet is preferred.
80. All bumper overhang areas shall be planted with a low-growing groundcover, highly areas shall be shown graphically on plan and labeled clearly. Bumper overhang areas shall not count towards the minimum required landscape area.
81. No trees shall be located within the required bumper overhang area. Trees located at head of parking stalls, directly adjacent to bumper overhang area, shall be centered to align trunks with parking stall lines to minimize potential future conflicts between trunks and bumpers. All trees adjacent to bumper overhang area shall be standard form to avoid conflicts between car bumpers and tree trunks.
82. Curb-adjacent street trees shall be provided where the interior width of the parkway -
these areas shall be upright, narrow canopy trees that will avoid conflicts with adjacent traffic at maturity and provide minimum required pedestrian clearance along sidewalk as well. Proposed tree selections for right-of-way parkway trees shall be provided to Planning Division, Public Works Department, and
and approval.
83. Trees located in the frontage area along Murrieta Hot Springs Road, from the southern - -
shall be provided at an average rate of 1 tree per 500 square feet. Trees in this area should include a combination of naturalistic stands of 3 5 canopy trees and compatible flowering understory trees placed between, creating an aesthetically pleasing rhythm of canopy and understory trees. Along building perimeters, trees shall be provided at minimum at a rate of 1 tree per 30 lineal feet of building perimeter. Trees shall generally be evenly dispersed but may be clustered where views into the site are desired, subject to Planning Division and City Landscape Architect review.
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Tree species for frontage area shall be per the approved landscape concept plans. tolerant of drought and suited to slope conditions.
84. Fire apparatus access roads shall be illustrated, diminished, and labeled on planting plan. Trees are to be located so that the mature canopies do not encroach into the access road clear zone of 28 feet wide and 13.5 feet high. Notes shall be added to the plans stating that the trees shall be maintained clear of all vertical and horizontal fire access areas. Maintenance for fire access shall be included in the comprehensive maintenance schedule for the project and included within the plan set, as required per
85. Perimeter landscape design shall coordinate with surrounding properties. Shrub and ground cover selections are to match or complement adjacent developments.
86. Enhanced corner planting using specimen trees and accent shrubs that do not conflict spacing of enhanced corner planting will be reviewed at time of plan check. Planting at corner shall be sized and spaced to be a minimum of 80% infilled at time of installation and fully infilled within 2 years from installation.
87. Avoid plants that require cutting back to keep them within a specific area or at a trimmed height. Carefully select and locate plants where they will be allowed to grow to maturity and keep their natural shape.
88. Plant materials within vehicular line of sight impact areas are to be limited to a maximum aisles, and parking lot island planters. Project Landscape Architect shall coordinate with Project Engineer to determine limited sight areas at corners as described per City Standard Plan No. 214. Intersection Sight Distance.
89. website under Planning Division, Applications and Forms, Landscape Handouts. A combination of erosion control groundcover, shrubs, and trees shall be provided.
90. Linear root barriers shall be installed for all trees located within 5 feet of paving and within 10 feet of city sidewalks. Root barrier for trees in these locations shall be a inch or greater if required by other department standards.
91. Minimum clearance at all fire equipment and hydrants shall be provided. Within clearance area, only low growing groundcovers may be planted.
92. to avoid conflicts with required tree locations and utility screening. Show the outline of any access areas required by the utility purveyor and provide suitable screening shrubs in 15 gallon size outside of access area, as needed to screen from public view. No light Draft Conditions of Approval
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fixture, electric transformer, fire detector check, or fire hydrant shall be designated for any location in a planting area that would make it necessary to eliminate a tree.
93. Plant materials shall be installed from the container sizes consistent with Murrieta Municipal Code Section 16.28.080, Table 3-5, Minimum Mix of Plant Materials. Where plans have proposed sizes greater than Table 3-5, the larger size shall be provided.
94. All groundcovers shall be installed from living plant materials. Spacing shall be such that 100% coverage is achieved within 2 years from installation.
95. All headlight glare from drive aisles and parking stalls shall be screened from public view. An opaque screen shall be installed along all drive aisles and parking areas abutting public streets and rights-of-way. The screening shall have a height of not less than thirty (30) inches and not more than forty-two (42) inches at maturity. For areas which would produce headlight glare impacting freeway, screening shrubs shall be 15 gallon size minimum and spaced closely to provide immediate screening at time of installation. Spacing for screen shrubs should be as close as feasible while still allowing for healthy long-term growth and condition at maturity. Screen walls shall be provided as indicated per the approved landscape concept plan and the approved wall and fence conceptual plan.
right to require additional 15 gallon screening shrubs at time of plan check and at time of final landscape inspection where necessary to screen headlights, utilities, bare or blank buildings facades and walls, and other unforeseen unsightly field conditions that may arise during the course of construction.
96. An updated shading exhibit shall be provided. A minimum of 50% of the total parking stall area shall be shaded at maturity by tree canopy, at approximately 15 years realistic canopy growth. Projected canopy size for trees in trees wells at parking lot interiors should consider the unfavorable parking lot conditions and reflected heat in these areas.
97. Required plaza/courtyard amenity areas shall be clearly delineated, dimensioned, and labeled on the landscape plans and all amenities shall be in substantial conformance with the amenities shown on the approved landscape concept plans, provided; however, that amenities can be adjusted and modified to address leasing requirements of tenants provided that it remains in compliance with the requirement of SP 276 and the Triangle Specific Plan Design Guidelines.
98. A landscape phasing exhibit shall be submitted to the Planning Division with the overall site phasing exhibit detailing the sequence of installation for all landscape improvements. All offsite improvements, including right-of-way landscaping along Murrieta Hot Springs Road, median landscaping, and similar shall be shown in the first phase of development. City may require perimeter fencing and perimeter screening and screening shrubs also be provided prior to first occupancy. Landscaping adjacent to the freeways may be reasonably adjusted based on the phasing of development.
99. Commercial zoning requires a minimum of 20% of the total onsite area be provided as landscape. In no case shall the total landscape area fall below the minimum requirement Draft Conditions of Approval
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for the Project as a whole or the 15% requirement within each Planning Area.
Prior to issuance of a Building Permit:
100.
Planner.
Prior to the initiation of landscape construction:
101. determine if a pre-job
meeting with the job site superintendent and the landscape contractor will be required. be required.
102. Contact Murrieta Community Services Department to determine if a pre-job meeting with the job site superintendent and the landscape contractor will be required. No required.
Prior to the issuance of occupancy permits:
103. All offsite and street frontage landscape improvements for Murrieta Hot Springs Road as described by the approved landscaping phasing exhibit shall be provided prior to first occupancy for any building.
104. All required landscaping and irrigation systems shall be installed in a condition contractor, construction manager, or Landscape
Architect shall provide inspections throughout the landscape installation process. The Completion documentation package at the time of final inspection request. The City will review the Certificate of Completion and conduct a final inspection to ensure that the landscape installation is in compliance with all City policies, practices and the approved landscape plans. The Certificate of Completion shall be complete with irrigation water audit, irrigation schedules, landscape maintenance schedules, and soil management report.
A separate, complete Certificate of Completion package shall be provided for each plan set and each phase of occupancy, at time of final inspection request.
105. Performance securities, in the amount determined by the City to guarantee the adequate maintenance of the landscaping materials and irrigation system in accordance with the approved plans for a period of one (1) year from the date of final clearance of the installed landscaping by the City, shall be posted with the Planning Division. Acceptable forms of security shall be limited to cash deposit, cash bonds, or irrevocable letters of credit. The performance securities shall be released one (1) year after final clearance of the installed landscaping by the City, upon written request by the owner, if the landscaping has been adequately maintained and inspected. A deposit to cover this re- inspection of the landscape, at the current City rate, shall be posted with the Planning Division prior to re-inspection for maintenance bond release. Contact Planning Division Draft Conditions of Approval
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to verify current fee schedules and requirements prior to issuance.
DEPARTMENT OF PUBLIC WORKS
106. Since the project consists of multiple discretionary reviews and conditions of approval, (DP 2022-2705, TTM 2022-
107. Any alteration to the final conditions of approval by the Permittee/Owner shall be reviewed by staff to determine whether approval of alteration shall be subject to M.M.C.
Section 16.80.070, Changes to an Approved Project.
108. All items required to be submitted shall be, at a minimum, in electronic format (e.g., PDF, Word). Hard copies may also be required.
109. All conditions as approved shall be completed by the Permittee/Owner at no cost to the City, unless specified otherwise.
110. All designs shall conform, at a minimum, to the City of Murrieta Municipal Code, Development Code, Standard Drawings, Circulation Element, California Highway Design Manual, and Manual on Uniform Traffic Control Devices (MUTCD). 111. Prior to any permit issuance, all relevant plans and their associated bonds, reports, and supporting documents shall be prepared in accordance with the Murrieta Municipal Code, reviewed, all applicable fees paid, and approved by the City Engineer. 112. Future extensions are subject to any, and all, local, state, and federal current regulations not previously identified in the original conditions of approval. Revisions/Updates to the be at the discretion of the City Engineer. Regardless of revisions/updates to future extensions, revised/updated exhibits, plans, reports, etc., shall be submitted for review and approval for discretionary review and approval prior to submittal of construction documents (e.g., exhibits, plans, reports, etc.). The approved discretionary documents, and all applicable conditions of approval, shall then be submitted along with the construction documents for any permit issuance.
113. As part of the initial submittal of plans, reports, etc., for any grading permit or any other grant of approval, the Permittee/Owner shall submit the approved discretionary plans and reports (e.g., Tentative Map, Preliminary Grading Plan, Preliminary Water Quality Management Plan, Preliminary Hydrology Study, etc.) that were approved as part of the Discretionary Review Process, in addition to all applicable onsite and offsite plans, reports, reference documents, and/or document(s) deemed relevant for the issuance of a permit. All discretionary documents shall serve as a reference for final document preparation and approval, and are subject to revision to ensure compliance with all local, state, and federal requirements, as applicable.
114. The conditions herein, when addressing grading plans, implies precise grading plans for the front half of the project and mass grading plans for the back half of the project. Any Draft Conditions of Approval
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other type of grading plan will be explicitly named when applicable. Moreover, grading plans not specifically identified herein are not approved as part of these conditions of approval.
115. st submittal, for the front half with building pad location and elevation st submittal.
st st
nd submittal shall incorporate all applicable 1st
116. Prior to the issuance of any occupancy permit, including temporary certificate(s) of occupancy, all public improvement conditions set forth in these Conditions of Approval shall be completed and accepted/as-built.
117. In addition to any applicable permit issuance, an Encroachment Permit shall also be obtained from the Engineering Department prior to commencement of any construction within City right-of-way or public jurisdiction easements. 118. If applicable, an Encroachment Permit, or any other applicable type of permit or allowance, shall be obtained from CalTrans, Riverside County Flood Control and Water Conservation District, etc. prior to commencement of any construction within their right- of-way. Proof of permit issuance, or verification of acknowledgement with no permit issuance requirement, shall be submitted prior to city-issued permit issuance affecting said easement(s). Additionally, said approvals/acknowledgements shall be identified on the subject grading and/or improvement plans, as applicable. 119. The Permittee/Owner shall submit a current hyperlinked Preliminary Title Report (PTR) with active connectivity to all referenced recorded documents identified within the Preliminary Title Report.
a. In addition to the hyperlinked PTR, all referenced recorded documents shall also be submitted, in PDF format.
120. It is understood that the Final Map will correctly show all existing and proposed easements, travel ways, grading, drainage courses, etc., and that any omission may require the resubmittal of documents and/or plans associated with this application for additional consideration.
121. All Engineering Plans (e.g., Improvement Plans, Grading Plans) shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City-formatted bond sheets. The Permittee/Owner shall review all plan check comments, make certain their consultants address all comments in each subsequent submittal, and return all plan check comments with each subsequent submittal. Failure to do so may result in additional plan check fees due to additional review time.
122. The Permittee/Owner shall comply with all current and applicable requirements set forth in Draft Conditions of Approval
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Ordinances, Policies, and Resolutions, along with all applicable State (e.g., State Water Resources Control Board) and Federal regulations, whether or not such provisions or requirements have been specifically set forth in these conditions, all of which are now incorporated herein by reference, and fully set forth at this point. 123. Prior to approval of any plans, reports, or legal documents and/or permit issuance, the Permittee/Owner shall pay, at a minimum, all outstanding plan check and processing fees.
124. Security bonds, for a portion of the construction costs as outlined in the final cost estimate(s), shall be in the form of a cash deposit, as approved by the City Engineer.
PRIOR TO ISSUANCE OF ANY PERMIT, THE PERMITTEE/OWNER SHALL COMPLETE
THE FOLLOWING
Acquiring Offsite Property/Easement
125. Prior to any permit issuance, the Permittee/Owner shall coordinate with adjacent property owners affected by proposed onsite and/or offsite improvements. The Permittee/Owner shall be solely responsible for acquisition of any necessary easements, agreements, etc. prior to plan approval. All easements, agreements, etc. shall be notarized and recorded in a format acceptable to the City Engineer. Agreements and/or easements shall designate maintenance responsibilities conforming to those associated/identified on the approved Tentative Map. The agreements and/or easements shall also address uninterrupted access and utility services to affected existing properties during construction, and show the recording information (instrument number and date) on the appropriate plan(s).
126. Upon property/easement acquisition, the Permittee/Owner shall complete the improvements as approved by the City Engineer.
127. Property/Easement acquisition necessary for public improvements shall be obtained, signed, notarized, and recorded, and copy submitted to the City, prior to approval of the improvement plans (bonding approved) and final map. Recordation of said property/easement acquisition may occur:
a. prior to improvement plan approval with a deferred map if applicable, b. but not with a final map approval with a deferred improvement plan.
128. The Permittee/Owner shall obtain the required area from APN 910-031-020 and 910- 031-011, to accommodate public improvements for the purpose of the traffic signal modifications and intersection improvements at Murrieta Hot Springs Rd and Monroe Ave. City-owned
a. The Permittee/Owner shall complete the property acquisition process with the City in a timely manner to ensure the proposed design meets all requirements. b. Upon completion of the property acquisition, the Permittee/Owner shall complete the improvements as approved by the City Engineer.
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c. If the Permittee/Owner does not acquire the City-owned parcel, the Permittee/Owner shall provide a redesign of the project ensuring connectivity between Murrieta Hot Springs Rd and Monroe Ave.
Grants of Easements
129. Dedications, grants of easements, and/or right-of-way dedications, shall occur via this
130. All offers of dedication and conveyances shall be submitted for review and recorded as directed by the Engineering Department. The Permittee/Owner shall incur all costs associated with the formation of a suitable maintenance district for all associated easements.
131. All easements and/or right-of-way dedications shall be offered via an Irrevocable Offer of Dedication to the City or other appropriate agency and shall continue in force until the City or other agency accepts or abandons/rejects such offer(s).
132. All dedications shall be free from all encumbrances as approved by the Engineering Department.
133. Easements, when required for roadways, slopes, landscaping, drainage, utilities, etc., both onsite and offsite, shall be shown on a final map, or per separate document(s) as approved by the City Engineer. All grants of easements shall be approved prior to issuance of a grading permit.
Vacation or Abandonment of Easements
134.
per separate instrument(s), as approved by the City Engineer. 135. Proposed vacations or abandonments of existing public right-of-way or easements shall be completed prior to plan approval, or as approved otherwise by the City Engineer.
136. Any proposed vacation(s) and/or abandonment(s) of existing right of way or public easements shall be shown on a final map, or per separate instrument(s) as approved by the City Engineer.
137. All vacations and/or abandonments, shall be submitted for review and approval by the Engineering Department and/or City Council, prior to being signed, notarized, and recorded. A copy of the notarized and recorded copy shall be provided to the City.
138. Subject to the discretion of, and final approval by, the City Council, the City shall -of-way.
a. Sparkman Court, aka Monroe Ave
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b. If the vacation/abandonment is unsuccessful, Permittee/Owner shall submit revised plans for substantial conformance review as required by the City of Murrieta Development Code.
Street Improvement Plans
139. The Street
required improvements prior to first occupancy:
a.
approved public street improvement plans, shall be constructed/completed and accepted/as-built prior to first certificate of occupancy. 140. The Permittee/Owner shall provide the following items, but may be required to provide additional items to substantiate the proposed design:
a. A Street Improvement Plan prepared by a registered Civil Engineer, or licensed specialist, in accordance with City standards, California Highway Design Manual, and/or MUTCD requirements, with all improvements subject to the approval by the City Engineer.
i. The Street Improvement Plan may include within it, but may not be limited to, the following:
1. Standard section(s), plan(s), profile(s), station values, elevations, dimensions.
2. Signing and Striping plan, included with the street improvement plans for the project.
3. Traffic Signal Plan included with the street improvement plans for the project.
4. Wet Utility Plans (e.g., storm drain, water, sewer) included with the street improvement plans for the project.
b. A Cost Estimate, prepared, signed, and stamped, by the registered civil engineer preparing the plans. The cost estimate shall include all costs, but not limited to, plan preparation, plan check fees, permit fees, bonding, staking, construction costs, stormwater best management practices, erosion control, soils engineering; construction management, etc.
141. The Permittee/Owner shall design, for the guarantee of construction, the following public improvements to the current City of Murrieta Circulation Element and corresponding City standards. Improvements may include, but are not limited to: paving, curb and gutter; sidewalk; street lights; drainage facilities; water quality best management practices; signing and striping; utilities, including but not limited to, water and sewer; landscaping; with all improvements subject to the approval by the City Engineer. a. Design Murrieta Hot Springs Rd frontage to be improved to a half width of seventy- Draft Conditions of Approval
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-of-way, per Augmented Urban Arterial City
Standard Drawing #102A. The following shall be provided, but may not be limited to:
i. An additional width, greater than the seventy- -
of-way, shall be provided to accommodate the right-turn/decel lane, per Traffic Engineering requirements, to the satisfaction of the City Engineer. ii. The required improvements shall include, and clearly show, connectivity to property line(s), as well as Monroe Ave.
iii. The required improvements shall include connectivity to improvements existing opposite legal centerline.
iv. Provide a design identifying improvements, including but not limited to: a bike lane; eastbound trave/turn/decel lanes; westbound travel/turn lanes; existing/proposed raised/painted medians; existing eastbound parkway improvements; all as directed by the Traffic Engineer, and subject to approval by the City Engineer.
v.
the enhanced parkway landscape, between the curb & gutter and the right-of- way line.
vi. The project shall provide a design to tie into existing medians and provide full westerly property line to the most easterly property line, except for the areas for turning lanes at the following intersections:
1. Murrieta Hot Springs Rd & Monroe Ave
2. Murrieta Hot Springs Rd & Hancock Avenue
vii. As applicable, callout right-of-way dedication/vacation along the frontage to provide the requested right-of-way for the required improvements. viii. Restripe Murrieta Hot Springs Rd full width as directed by the Traffic Engineer and as approved by the City Engineer.
1. Transition striping from the proposed frontage may be required to commence at the project boundary and extend offsite to the satisfaction of the City Engineer.
142. All street improvements shall be designed to provide adequate right-of-way and transitions to existing improvements.
143. Proper right-of-way shall be dedicated, beyond that required per City Standard Drawing #102A, along the entire Murrieta Hot Springs frontage, to accommodate the new parkway improvements, along with all access driveways to include the pedestrian Draft Conditions of Approval
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improvements/pathways.
144. Improvement plans shall show all existing and proposed drainage and stormwater facilities, including surface and subsurface construction. 145. The Permittee/Owner shall provide a design to construct/reconstruct handicap access -of-way to current ADA requirements (e.g.,
ramps with truncated domes/warning detection systems). Title II of the American Disabilities Act prohibits local governments from discriminating against persons with disabilities. This may include providing handicap access ramps across the street or satisfaction of the City Engineer.
a. Sidewalks and pedestrian ramps fronting, adjacent to, and/or near the project shall be improved/provided to current ADA standards, to the satisfaction of the City Engineer.
b. Pedestrian sidewalks and ramps, fronting, adjacent to, and near the project, shall be improved/provided, to ensure continuous connectivity to the nearest RTA bus stop and to current ADA standards, to the satisfaction of the City Engineer. 146. If applicable, the Permittee/Owner shall provide a design to construct/reconstruct handicap access ramps within the public right-of-way, and adjacent to the project, to current ADA requirements (e.g., ramps with truncated domes/warning detection systems). Title II of the American Disabilities Act prohibits local governments from discriminating against persons with disabilities. This may include providing handicap access ramps across the street or driveway to ensure public safety, to the satisfaction of the City Engineer.
147. The Permittee/Owner shall provide a design for bus turnouts with shelters at all existing and proposed bus stops as determined by the Engineering Department and the Riverside Transit Agency. The bus turnout may not be required if located within a right- turn lane for access onto the site, as approved by the City Engineer.
A. Existing bus stops within proposed right-turn lanes shall be relocated to the satisfaction of the City Engineer.
B. Details for the bus stop, shelter, and appurtenances shall be provided on the plans..
148. City-maintained drainage facilities located outside of city right-of-way shall be accompanied with proper public drainage easements and monumentation for review and approval by the City, and recorded on a city-approved format. 149.
easement width chart and have a maximum cross slope of 5%. 150. The parkway cross slope in the public right-of-way shall not exceed two percent, unless otherwise approved by the City Engineer.
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151. Driveways and Site Access shall conform to Development Code 16.34.080. 152. Corner Site Distance and Stopping Sight Distance for the installation of pedestrian and traffic control facilities shall be provided at all street intersections and entrances in accordance with City Standards, as directed by the Traffic Engineer, to the satisfaction of the City Engineer. The line of sight shall be shown on all grading, street improvement, and landscape plans in accordance with Std. 214. Signs are not allowed within the Limited Use Area.
153. The Murrieta Hot Springs Rd and Monroe Ave pre-development drive lanes, paint, Engineer, to the satisfaction of the City Engineer.
154. The exact alignment, width, and design of all turning lanes, travel lanes, driveways, striping, and all other traffic control devices and measures, including turnouts, bike lanes, and width transitions, shall be approved by the City Engineer. 155. A light emitting diode for the public and private street lighting system shall be shown on the street improvement plans and shall be installed at locations specified by the City Engineer at no cost to the public.
Street Lighting Standards, 619, 620, and 620C.
156. If the project is to be phased, the Permittee/Owner shall submit detailed plans describing activities for the entire phase(s). A Phasing Plan shall be reviewed and approved by the City Engineer and Planning Division Director. The plans shall address, in detail, the following, but not limited to, items:
a. The Permittee/Owner shall implement the requirements of the current General Construction Permit at all times to prevent discharge from the site for all phases of construction (e.g., demolition, grading, vertical construction, landscape/hardscape).
Sediment and erosion controls shall be appropriately applied for the risk level assigned to the project.
b. Submit a landscape plan to the Planning Division that addresses both short term and long term slope stability and dust control including all temporary and storm water design features.
c. Should the Permittee/Owner decide to develop phases out of numerical sequence with the approved phasing as shown on the plan, all conditions required of the proceeding phases shall be completed unless otherwise approved by the City Engineer and the Director of Planning. Other conditions may be imposed by the City Engineer and Planning Division Director to allow phased construction. d. The Water Quality Improvement Plans (WQIP), approved as part of the grading each phase of development. The WQIP shall include an overview of project phasing that shows each project phase, prior to activation of the area for use in accordance with Order R9-2013-0001, that 100% of the impervious area for that Draft Conditions of Approval
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phase will be treated and retained to meet water quality and hydro-modification requirements.
157. All existing street monuments within or abutting this project site shall be preserved. If such monuments are damaged or destroyed, the Permittee/Owner shall retain a licensed land surveyor or a qualified registered civil engineer to reset those monuments per City Standards 617a, 617b, and 617c, and file the necessary information with the County 8771. If damaged, existing monuments that are no longer relevant do not have to be replaced, subject to approval by the City Engineer.
158. If reconstructing an existing street or existing intersection, the Permittee/Owner shall provide a design with callouts for street centerline monuments to be set per City Std. 617a, 617b, and 617c, and elevations provided, unless specified otherwise by the City Engineer, or assignees.
A. Set street centerline monumentation for the following street(s) and/or following intersection(s):
i) Murrieta Hot Springs Rd & Monroe Ave
159. Centerline tie notes may be provided, when applicable as noted on City Std. 616, on 8.5 x 11 mylar sheets (identify locations if possible). Prior to installation, each location where tie notes may apply shall be reviewed and approved by the City Engineer, or assignees, to determine monument type to be used.
Traffic
160. Permittee/Owner shall provide a Street Improvement Plan prepared by a registered Civil Engineer in accordance with City standards, California Highway Design Manual standards, and MUTCD requirements, with all improvements subject to the approval of the City Engineer.
161. The Permittee/Owner shall provide a Signing and Striping plan, designed by a registered Civil Engineer and included with the street improvement plans for the project. 162. Traffic signal improvements shall be designed to coincide with the street improvement plans. Right-or-way acquisition necessary for street and traffic signal improvements shall be the responsibility of the Permittee/Owner. Traffic signals are not eligible for DIF credit.
163. Permittee/Owner shall design Traffic Signal Modifications to the existing signals on Murrieta Hot Springs Rd frontage. Designs shall be prepared by a registered Civil Engineer in accordance with City Standards with all improvements subject to the approval of the City Engineer.
164. Prior to issuance of Certificate of Occupancy permits for Phase 1A uses, design, furnish, and construct the following (MMRP PDF 10-1):
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Driveway 1 (Monroe Avenue) at Murrieta Hot Springs Road
Northbound approach: 2 left-turn lanes, 2 through lanes with shared right-turn lane Southbound approach: 2 left-turn lanes, 2 through lanes with shared right-turn lane Eastbound approach: 2 left-turn lanes, 4 through lanes, 1 right-turn lane Westbound approach: 2 left-turn lanes, 4 through lanes with shared right-turn lane Install traffic signal
Driveway 2 at Murrieta Hot Springs Road
Northbound approach: 1 right-turn lane
Eastbound approach: 4 through lanes, 1 right-turn lane (200 feet minimum storage) Westbound approach: 4 through lanes with shared right-turn lane
Driveway 3 (Hancock Avenue) at Murrieta Hot Springs Road
Northbound approach: 2 left-turn lanes, 2 through lanes with shared right-turn lane, 1 right-turn lane
Southbound approach: 2 left-turn lanes, 2 through lanes with shared right-turn lane Eastbound approach: 2 left-turn lanes, 4 through lanes, 1 right-turn lane Westbound approach: 2 left-turn lanes, 4 through lanes with shared right-turn lane Modify traffic signal
165. Project shall comply with and provide documentation demonstrating compliance with Mitigation Monitoring & Reporting Program (MMRP) Mitigation Measures 10-1, 10-2, and 10-4.
166.
traffic impact fee (Fair Share Impact Fee established as a dollar amount per square foot of gross building area) as follows:
Building Square Foot Threshold Traffic Fee per square foot 1 - 537,496 $0.37
537,497 - 1,240,556 $3.21
1,240,557 1,767,914 $0.80
This fee implements the fair share fee required to mitigate impacts to specified intersections identified part of MM 10-2.
Sewer & Water
167. Verify capacity of proposed sewer and water systems and provide approval from the Health Department or the governing Sewer and Water District that the proposed sewer
168. The Permittee/Owner shall design and guarantee the construction of all sewer and water improvements necessary to serve this project. Private sewer force mains are not allowed in the public right-of-way unless otherwise approved by the City Engineer.
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Utilities
169. The Permittee/Owner shall provide a design to install all existing and proposed utility systems underground. Utility systems include, but may not be limited to, electric lines 32kv and lower, telephone, and cable TV. The utilities shall be designed in accordance with City Codes and utility provider(s).
A. All applicable appurtenances shall also be coordinated with the building department and engineering department for review of proposed locations.
Easements shall also be provided as required.
B. If there are any electric lines 33kv and higher, those existing lines will not be required to be placed underground.
C. Electric lines not required to be underground shall be relocated to accommodate required public roadway/parkway improvements.
170. Above-ground Edison transformers shall be located behind the right-of-way line. If necessary, retaining walls shall also be located behind the right-of-way and limited to maximum five feet in height. Safety railing is required for retaining wall heights above thirty inches.
171. Permittee/Owner shall provide a design identifying location of all wet utilities (e.g., water, sewer, storm drain, recycled, etc.).
Grading
172. The Permittee/Owner shall provide the following items, but may be required to provide additional items to substantiate the proposed design:
a. A Grading Plan prepared by a registered Civil Engineer in accordance with currently accepted design standards. The plan shall incorporate Grading Information, Erosion & Sediment Control Measures, Mitigation Measures as applicable, and Site Design & Source Control (Low Impact Development (LID)), as well as Pollutant Control and Hydromodification as applicable. i. The Grading Plan shall include within it the following:
1. A Water Quality Improvement Plan prepared by a registered Civil Engineer in accordance with City standards and approved by the Engineering Department.
2. A Storm Drain Improvement Plan prepared by a registered Civil Engineer in accordance with City standards and approved by the Engineering Department.
3. An Erosion Control Plan prepared by a registered Civil Engineer in accordance with City standards and approved by the Engineering Department.
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b. A Cost Estimate prepared, signed, and stamped, by a registered civil engineer.
The cost estimate shall include all costs but not limited to plan preparation, plan check fees, permit fees, bonding, staking, construction costs, erosion control, soils engineering; construction management, etc.
173. The Grading Plan shall be prepared to the satisfaction of the City Engineer and shall also include, but may not be limited to:
a. Include a topographic map prepared by a Registered Civil Engineer or a Licensed Land Surveyor. The topographic map shall indicate property lines, topographic features and existing and/or proposed structures. Said map shall include two-foot contour lines and/or sufficient spot elevations to clearly represent existing and proposed topographical features, and existing and proposed drainage patterns.
Survey shall extend a minimum of 100 feet beyond limits of work. Said map shall also show entire property boundary including any assumed found monuments, and bearings and distances based on record information.
b. Depict the limits of grading and provide cross sections as needed.
c. Incorporate all recommendations pursuant to the Hydrology/Hydraulic Report prepared for the project.
d. Incorporate all stormwater best management practices as quantified in the Water Quality Management Plan.
e. Include mitigation measures and project modifications as recommended in the required Geotechnical Report prepared for the project.
f. Depict the location of existing or proposed easements within the property boundary, as well as adjacent easement(s) which may impact, or may be impacted by, the project.
174. All onsite storm drain systems shall be privately owned and maintained. Private storm drain systems may connect to public storm drain facilities by installing cleanouts situated immediately adjacent to, and within, the public right-of-way. 175. Pay to City all County of Riverside Development Impact Fees applicable at time of grading permit issuance or as otherwise approved by ordinance. In the event these fees have been previously paid, the Permittee/Owner shall provide proof of payment. Said fees may include, but are also not limited to, the following:
A. Riverside County Area Drainage Fee
B. Kangaroo Rat Fee
C. Multiple Species Habitat Conversation Plan (MSHCP) Fee
176. Obtain written clearance, as deemed necessary by the Engineering Department, from the following departments/agencies:
A. Planning Division
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B. Community Services Department
C. Building Division
D. Fire Department
E. Landscape (Planning Division)
F. Sewer and Water District(s)
177. If applicable, the Permittee/Owner shall obtain and provide the City with written clearance or a non-interference letter from Southern California Edison (SCE) prior to grading plan approval. Permittee/Owner shall submit directly to SCE. 178. Loading ramps or truck wells shall be profiled showing the ramp, ramp transitions, and overhead clearances. Drainage collection sump areas shall conform to clean water runoff standards. Loading, unloading, and truck turning movements onsite, along with contiguous adjacent public streets, shall be shown on the grading plan. 179. Development Standards for Off-Street Parking shall conform to Development Code
16.34.070.
180. If blasting of rock is required, a blasting permit will be required as part of the grading permit process. A blasting permit shall be obtained through the Riverside County and Fire Departments prior to blasting.
181. If any water wells are found onsite, the intent shall be identified on the grading plan (e.g., protected in place, easements may apply. Additionally, if to be abandoned, they shall be abandoned in a manner approved by the State Department of Water Resources and Riverside County Health Department. Confirmation of abandonment approval shall be provided to the City.
182. If applicable, a qualified biologist shall delineate jurisdiction areas that are not to be disturbed. Identify the installation of some type of barrier fence to delineate the areas of avoidance.
183. Construction fencing shall be placed so as not to interfere with sight distance and comply with City Std. No. 214.
184. City-maintained drainage facilities located outside of city right-of-way shall be accompanied with proper public drainage easements to be reviewed and approved by the City and recorded on a city-approved format.
A.
easement width chart and have a maximum cross slope of 5%. 185. All existing property monuments within or abutting this project site shall be preserved. If such monuments are damaged or destroyed, the Permittee/Owner shall retain a licensed land surveyor or a qualified registered civil engineer to reset those monuments per City required by California Business and Professions Code Section 8771. If damaged, Draft Conditions of Approval
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existing monuments that are no longer relevant do not have to be replaced, subject to approval by the City Engineer.
Geotechnical
186. A comprehensive geotechnical report shall be prepared by a registered Geotechnical Engineer and submitted to the engineering department as part of the initial grading plan check.
A. The report shall address in-situ soils conditions; shall provide the following, but not be limited to:
i) a percolation/infiltration analysis;
ii) identify any geotechnical hazards for the site;
iii) provide recommendations for the construction of engineered structures, iv) provide preliminary pavement sections,
v) provide slope stability analysis,
vi) identify faults that may affect the proposed project and confirm buildings meet setback requirements, as applicable.
vii) evaluate slope stability and potential effect of proposed construction on nearby slopes, public right-of-way and neighboring properties.
viii) Address the feasibility of long-term infiltration of stormwater runoff onsite, and if subdrains will be required for any proposed infiltration BMPs.
ix) Provide recommendations for any special construction methods as necessary.
B. All recommended measures identified in the report shall be incorporated into the project design. If located in a Geologic Special Study Zone, the report may, at the discretion of the City Engineer, be subject to a third-party review. If third party review is required, the Permittee/Owner must submit an application and schedule to have any open trenches inspected by a City-approved third-party reviewing consultant.
187. If
civil engineer, certified engineering geologist or certified hydrogeologist shall prepare a percolation analysis and determine infiltration rates for the purpose of determining water quality best management practices (i.e., Water Quality Management Plan).
A. See Appendix A, Section 1.8 Final Report, of the Riverside County Low Impact Development BMP Design Handbook, as a guide for preparing the analysis.
B. Infiltration testing requirements shall adhere to Appendix A Infiltration Testing, of the Riverside County Low Impact Development BMP Design Handbook (e.g. Table 1 Infiltration Testing Requirements).
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C. A note shall be added on the grading plan identifying the infiltration rates used in the WQMP. If BMP locations differ, laterally and/or vertically, from the WQMP, additional infiltration tests may be required to be conducted and submitted for review and approval by the City.
Water Quality Management Plan (WQMP)
188. The Permittee/Owner shall provide a Water Quality Management Plan (Report) prepared by a registered Civil Engineer in accordance with currently accepted design standards. 189. Water Quality Improvement Plans (WQIP) shall be integrated with the grading plans and included as part of the grading plans. Prior to final approval of the grading plans, the grading plans shall be in conformance with the Project-Specific WQMP. 190. A Final Project-Specific WQMP shall be submitted to the City for approval with the grading plan check application and approved by the Engineering Department prior to issuance of a grading permit. The WQMP shall include, but not be limited to, the following:
A. The Permittee/Owner, assigns, or heirs shall allow the City to enter the premises to conduct periodic inspections to ensure that the WQMP is being implemented, maintained, and to review the inspection and maintenance records.
B. Prepare a hydromodification analysis utilizing continuous simulation of the geomorphically significant flows starting at 10% of the 2-year runoff and up to the 10-year runoff (85th percentile Design Capture Volume (DCV)). The analysis must have a maximum interval of 1-hour, or 15-minutes, and contain a minimum of 37 years of data.
C. The 85th percentile DCV of on-site drainage shall be treated on site in accordance Management Plan. The drainage shall be treated onsite prior to entering public right-of-way.
D. When continuous simulation is prepared, and acceptable, the continuous simulation may be used in-lieu of the 1, 3, 6 and 24-hour duration for the 2, 5, and 10-year frequency storms, if applicable.
E. The WQMP shall incorporate, but not be limited to, the following:
i)
ii)
iii) Pollutant
iv) Hydromodification
v) The WQMP shall identify affected and 303(d) receiving water bodies, applicable water-quality objectives, total maximum daily loads (TMDLS), pollutants of concern for the project type, and estimates for post-construction discharge rates (with all BMPs in place), and demonstrate that the project Draft Conditions of Approval
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pollutant loads will be treated in accordance with the most current NPDES MS4 permit and will not cause a violation of the water quality objectives. The structural treatment and hydro-modification controls shall remove project pollutants anticipated to be generated by the project for the benefit of downstream impaired water bodies listed by the SWRCB 303(d) to a medium removal efficiency or better for the pollutants of concern. vi) Long term operation and maintenance requirements, inspection and maintenance checklist;
vii) Record a restrictive covenant to ensure operation, maintenance, funding, and transfer of requirements.
viii) The post-construction best management practices (BMPs) outlined in the approved Final project-specific WQMP shall be incorporated in the grading plans.
F. A Water Quality Maintenance Agreement shall be recorded with the County Recorder and proof of the recordation shall be provided to the City. The agreement shall include summaries of water quality/hydromodification facilities and operations & maintenance.
i) The Maintenance Agreement shall identify public BMPs to be maintained by
ii)
maintain said BMP(s) the City is authorized to maintain or replace BMP(s) for continued compliance and shall be reimbursed by the assigned entity.
G. A copy of the Final Project-Specific WQMP shall be kept onsite at all times. The Permittee/Owner shall make the occupants, tenants, staff, employees, and contractors aware of this document and educate them on the contents.
191. The project shall demonstrate infiltration abilities by converting the percolation tests taken at locations of proposed infiltration/biofiltration BMPs. Proposed BMPs shall be per Management Plan and the most current order under the National Pollutant Discharge Elimination System (NPDES) Permit initiated under section 2 of the Federal Clean Water Act. The most current order shall be incorporated, as applicable. 192. The grading plan shall add a note to confirm the infiltration rates coincide with the rates used in the Water Quality Management Plan. If BMPs are to be placed in areas and/or depths different from the original infiltration testing, thereby posing potentially different infiltration rates from those originally obtained, new infiltration testing may be required, and BMP designs may be impacted.
193. It is the responsibility of the Permittee/Owner to ensure all applicable BMPs are correctly utilized as referenced in the California Stormwater Quality Association (CASQA) BMP Fact Sheet, and all maintenance measures implemented.
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194. Where applicable, provide 12 foot wide x 6 inch thick concrete paved access to storm drain facilities with 12 percent maximum grade. Turnarounds are required, but may be waived depending on overall accessibility and, at the discretion of the Public Works Director.
195. The Permittee/Owner shall submit, for City review and approval, a mechanism ensuring ongoing long-term maintenance for the onsite post-construction Best Management Practices (BMPs).
Hydrology & Hydraulics
196. The Permittee/Owner shall provide a Hydrology & Hydraulics Reports prepared by a registered Civil Engineer in accordance with currently accepted design standards. 197. Ensure the Report addresses any proposed commingled flows from adjacent properties, unless procedures are incorporated to otherwise convey and properly dispose of the flows without commingling.
198. Alteration to the existing drainage pattern, including concentration or diversion of flows, are not allowed, unless the Permittee/Owner obtains permission and/or agreements from the affected property owner(s). This may involve, but is not limited to, obtaining notarized/recorded letters of permission and/or agreements, securing drainage easements and/or ponding easements, constructing adequate drainage improvements, and providing a maintenance mechanism for private drainage facilities. 199. The Permittee/Owner shall be responsible for mitigating impacts created by changes in drainage runoff course, water quality, hydro-modification, concentration, or quantity to the satisfaction of the City Engineer for both on-site and off-site drainage.
200. Accept and properly dispose of all offsite drainage currently flowing onto and/or through the site.
201. If possible, all drainage shall be conveyed onto public property. Cross lot drainage shall not be allowed. Where unavoidable, proper permissions, agreements, and easements shall be obtained by the Permittee/Owner.
202. The report shall show all existing and proposed onsite and/or offsite public and/or private drainage facilities intended to discharge the runoff. The study shall include a capacity analysis verifying the adequacy of the drainage facilities. Runoff from the development or partial phase of development of the property shall meet the following criteria:
A. Permittee/Owner shall be responsible for mitigating impacts created to changes in drainage runoff course or quantity, for both on-site and off-site drainage, to the satisfaction of the City Engineer.
B. Do not significantly exceed the existing natural discharge quantities.
C. Street storm flows shall not exceed top of curb for the 10-year storm event.
D. Must contain storm flows within the street right-of-way for the 100-year event.
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E. All inlets, outlets, pipes, channels, basins, etc. must be capable of conveying the 100-year storm.
F. Sump conditions shall be designed to convey the 100-year storm flows G. Secondary emergency escape path shall be provided.
H. If the project discharges/connects to an off-site detention basin, provide permission to drain/connect from the owner of basin or system. Off-site detention basins require a Declaration of Dedication. All detention measures shall have positive drainage with a minimum 48-hr draw-down time and be empty within 72 hours.
I. Standing water is not permitted.
J. Detention for projects that are 10 acres or greater shall analyze for the 1, 3, 6 and 24-hour duration for the 2, 5, and 10-year frequency storms. 203. When continuous simulation is prepared (see Water Quality Management Plan section), and acceptable, the continuous simulation may be used in-lieu of the 1, 3, 6 and 24-hour duration for the 2, 5, and 10-year frequency storms, if applicable.
Storm Water Pollution Prevention Plan (SWPPP)
204. The development shall comply with all applicable regulations established by the United States Environmental Protection Agency (USEPA) as set forth in the National Pollution Discharge Elimination System (NPDES) permit requirements for urban runoff and stormwater discharge and any regulations adopted by the City pursuant to the NPDES regulations and/or requirements. Furthermore, the Permittee/Owner may be required to file a Notice of Intent with the State Water Resources Control Board to obtain coverage under the NPDES General Permit for Storm Water Discharges Associated with Construction Activity and may be required to implement a SWPPP concurrent with the commencement of grading activities. SWPPPs shall include construction pollution prevention and pollution control measures. The applicant shall comply with all the provisions of the Clean Water Program during and after all phases of the development process, including but not limited to: mass grading, rough grading, construction of street and landscaping improvements, and construction of structures. 205. An adequate SWPPP shall be available to State and City Inspectors at the job site prior to commencing construction. The Permittee/Owner shall be responsible for implementation, monitoring, operation, and maintenance of the SWPPP until all construction is completed and improvements have been accepted by the City. 206. This document must minimize the disturbed area, label the total disturbed area, and identify equipment and material storage areas.
207. All grading activities shall minimize dust through compliance with AQMD Rule 403, which requires watering during earth moving operations. 208. All open or undeveloped land shall be maintained to prevent wind/water erosion of said land. All disturbed undeveloped land shall be planted with interim landscaping or stabilized with other erosion control measures.
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209. The Permittee/Owner shall design and install the irrigation system so runoff does not discharge into the street or storm drain system.
210.
occur as necessary for compliance with the Santa Margarita Region MS4 Permit. 211. A copy of the Notice of Intent (NOI) and Waste Discharge Identification (WDID) number from the State Water Resources Control Board shall be identified on the SWPPP. 212. A Notice of Termination (NOT) can then be filed with the State Water Resources Control that may occur as necessary for compliance with the Santa Margarita Region MS4 Permit. This document must minimize the disturbed area, label the maximum disturbed area, and identify equipment and material storage areas. 213. Erosion and sediment control details shall be submitted on the grading plans to the City's Engineering Division for review and approval. The details shall conform to City standards, codes and ordinances, and the current State Water Resources Control Board (SWRCB) General Construction Permit (GCP), as applicable. The details shall include landscaping and irrigation systems on exposed slopes to achieve the General Construction Permit required coverage criteria, and for acceptance by the City's Engineering Department.
Final Map
214. The Permittee/Owner shall submit a Final Map prepared in accordance with the City of Murrieta Development Code and California Subdivision Map Act. The final map shall be prepared by a licensed land surveyor or qualified registered civil engineer. 215.
improvements prior to city-specified benchmarks (e.g., any permit issuance), in accordance with the Subdivision Map Act Section 66411.1. The following improvements notes shall be added on the Final Map:
A. All public improvements, as identified per the conditions of approval and/or approved per the improvement plans, shall be completed, and accepted/as-built, prior to the first certificate of occupancy.
216.
the effect that the property owner is responsible for the maintenance of the parkway lighting, landscaping and irrigation, and any applicable water quality treatment facilities/devices.
217. On-site public drainage facilities located outside of public right-of-way shall be contained within public drainage easements as determined to be necessary. A note shall be added drainage easements shall be kept free of buildings and
218. Prior to approval of the Final Map, the Permittee/Owner shall submit an application and Draft Conditions of Approval
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pay a fee for the city administrator to reapportion any existing assessment district liens.
The fee proposal from Willdan Financial Services includes a base amount and per parcel charge so the total amount will vary depending on number of parcels. 219. Easements, when required for roadway, slopes, landscaping, drainage facilities, utilities, etc., for either onsite or offsite, shall be shown on the Final Map. The Permittee/Owner shall incur all costs associated with the formation of a suitable maintenance district or other mechanism to maintain all associated roadway, slope, landscape, and drainage easements, including access.
220. All offers of dedication and conveyances shall be submitted for review and approval, and recorded as directed by the Engineering Department.
221. All easements and/or right-of-way dedications shall be offered on the Final Map to the City, or other appropriate agency, and shall continue in force until the City, or other agency, accepts or abandons/rejects such offer(s). All dedications shall be free from all encumbrances as approved by the Engineering Department. 222.
excepting those areas as shown on the approved tentative map. 223. Any proposed vacation(s) and/or abandonment(s) of existing right of way or public easements shall be shown on the Final Map, or per separate document(s) as approved by the City Engineer. Vacations and/or abandonments may be required to be approved prior to issuance of a grading permit.
224. Proof of payment of any, and all, delinquent property taxes shall be provided prior to recordation of the Final Map.
225. Provide an electronic copy of the Final Map in a PDF format and AutoCAD format, to the
PRIOR TO ISSUANCE OF BUILDING PERMITS
226.
approved/signed grading and/or improvement plans and grade/construct per said plans, as approved by the City Engineer.
227. The Permittee/Owner shall provide a copy of the recorded map and/or agreements to the Building Department and Engineering Department. Electronic and hard copies may be required, at the discretion of the City Engineer.
228. All easements, agreements of improvements, and dedications for required rights-of-way shall be approved by the Engineering Department.
229. Grading plans, with building pad location and elevation information, shall be approved, to the satisfaction of the City Engineer.
230. The building pad shall be certified by a registered Civil Engineer for location and Draft Conditions of Approval
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elevation. Additionally, the Soils Engineer shall issue a Final Soils Report addressing compaction and site conditions.
231. The Permittee/Owner shall pay to the City all applicable Development Impact Fees as required by, and in accordance with, City Ordinance 196-98, Resolution No. 08-2107 and Resolution No. 16-3602, or most recently adopted DIF Resolution. 232. The Permittee/Owner shall pay to the City the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) based on the applicable rates at time of permit.
DURING CONSTRUCTION
233.
approved/signed grading and/or improvement plans and grade/construct per said plans, as approved by the City Engineer.
234. Permittee/Owner shall construct all public improvements, per the approved and bonded improvement plans, as approved by the City Engineer.
a.
b. Changes other than minor shall be submitted to the engineering department as a construction change submittal for review by engineering and approval by the City Engineer.
235. The Permittee/Owner shall construct all onsite grading improvements, per the approved and bonded grading plans, as approved by the City Engineer. a.
b. Changes other than minor shall be submitted to the engineering department as a construction change submittal for review by engineering and approval by the City Engineer.
236. If applicable, a qualified biologist shall delineate jurisdictional areas that are not to be disturbed. Barrier fencing shall be installed, as approved, delineating the areas of avoidance. Once construction is completed, the same qualified biologist shall certify that no jurisdictional area was disturbed or damaged.
237. Construction fencing shall be placed so as not to interfere with sight distance and comply with City Std. No. 214.
238. If dirt or construction debris is to be transported into, or off, the site, a haul permit will be required as part of the grading permit process. Both import and export locations must be permitted sites. If so, submit a proposed haul route plan and comply with all conditions and requirements the City Engineer may impose to the hauling operation. 239. The exact depth of street structural section and subgrade requirement shall be based on subgrade "R" value tests in the field and the appropriate Traffic Index for the type of street, as determined by the Geotechnical Engineer and the City Standards, whichever Draft Conditions of Approval
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is greater.
240. If any water wells are found onsite, they shall be protected in place or abandoned, as approved by the State Department of Water Resources and Riverside County Health Department. Confirmation of abandonment approval shall be provided to the City. 241. The Permittee/owner shall confirm the infiltration rates coincide with the rates used in the Water Quality Management Plan. If BMPs are to be placed in areas and/or depths different from the original infiltration testing, thereby posing potentially different infiltration rates from those originally obtained, new infiltration testing may be required and BMP designs may be impacted.
242. The Permittee/Owner shall construct all sewer and water improvements necessary to serve this project. Private sewer force mains are not allowed in the public right-of-way unless otherwise approved by the City Engineer.
243. The Permittee/Owner shall install all existing and proposed utility systems underground, including electric lines 32kv and lower (as applicable), telephone, and cable TV, in accordance with City Codes, the utility provider, and as approved by the City Engineer.
All applicable appurtenances shall also be installed. Easements shall also be provided as required.
244. Above ground Edison transformers shall be installed behind the right-of-way line, as approved.
245. Obtain clearance from the dry utility companies and gas company. a. Permittee/Owner shall install all dry, wet, and gas utilities prior to the placement of final cap or lift of asphalt pavement to avoid new street improvements from being marred by saw cuts, potholes, equipment, etc.
246. The building pad shall be certified by a registered Civil Engineer for location and elevation. Additionally, the Soils Engineer shall issue a Final Soils Report addressing compaction and site conditions.
a. Building pad certification shall be obtained prior to building footing inspection. b. Building pad certification shall be obtained prior to building foundation cement pour.
247. The approved Storm Water Pollution Plan (SWPPP) shall be available onsite at all times from the Notice to Proceed until the issuance Notice of Termination. Moreover, the Permittee/Owner shall be responsible for implementation, monitoring, operation and maintenance of the SWPPP until all construction is completed and improvements have been accepted by the City.
248. The Permittee/Owner shall provide a construction area Traffic Control Plan, if required by the Traffic Engineer. The plan shall be prepared by a registered Civil Engineer in accordance with City standards and approved by the Engineering Department. The Draft Conditions of Approval
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Traffic Control Plan shall address roadway widening / street closures / median improvement, detour or other disruption to traffic circulation as required by the Engineering Department.
249. Traffic signal improvements shall be installed/constructed to coincide with the street improvements as approved by the City Engineer.
250. Permittee/Owner shall provide proof of dedication of easement to the City for access and maintenance of any traffic equipment.
251. The Permittee/Owner shall reconstruct existing handicap access ramps within the public right-of-way, and adjacent to the project, to current ADA requirements, as approved by the City Engineer.
252. All existing street monuments within or abutting this project site shall be preserved. If such monuments are damaged or destroyed, the Permittee/Owner shall retain a licensed land surveyor or a qualified registered civil engineer to reset those monuments per City Standards 617a, 617b, 617c, and file the necessary information with the County 8771. If damaged, existing monuments that are no longer relevant do not have to be replaced, subject to approval by the City Engineer.
253. For reconstructed existing street(s) and/or intersection(s), street centerline monuments shall be set per City Std. 617a, 617b, and 617c, and elevations provided, unless specified otherwise by the City Engineer, or assignees.
A. Set street centerline monumentation for the following street(s) and/or following intersection(s):
i) Murrieta Hot Springs Rd & Monroe Ave.
254. Centerline tie notes may be provided, when applicable as noted on City Std. 616, on 8.5 x 11 mylar sheets (identify locations if possible). Prior to installation, each location where tie notes may apply shall be reviewed and approved by the City Engineer, or assignees, to determine monument type to be used.
PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY
255. Prior to the issuance of the first (1st) certificate of occupancy, all public improvements, per the approved public improvement plan(s), shall be constructed, completed, and accepted/as-built, to the satisfaction of the City Engineer.
256. Prior to, but not necessarily the last, issuance of all certificates of occupancy, final grading of the subject property shall be constructed, completed, and accepted/as-built, to the satisfaction of the City Engineer.
257. All sewer and water improvements shall be constructed, completed, and accepted in accordance with the Sewer and Water District standards.
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258. All existing and proposed dry, wet, and gas utility lines have been undergrounded and/or relocated, and/or easements provided, as necessary.
259. Final Map shall have been recorded, accepted by County, and a copy provided to the City Engineer, in the format requested.
260. If applicable, provide elevations for set Street Centerline Monuments. If approved, provide centerline tie notes per City Std. 616 on 8.5 x 11 mylar sheets for all monuments set.
261. -specific
WQMP have been constructed and installed in conformance with the approved plans in the approved Final project-specific WQMP.
262. The Permittee/Owner shall prepare and provide an as-built project specific Final WQMP (updated to include any changes made during construction) and demonstrate that an adequate number of copies are available for the future owners / occupants. a. One (1) electronic format shall also be provided to the Department of Engineering, and/or a hard copy as requested.
263. The Permittee/Owner shall demonstrate that the irrigation controller and heads are set so irrigation runoff does not enter the street or storm drain systems. 264. The Permittee/Owner shall disclose to any other property owner(s) they are responsible for the maintenance of the parkway landscaping. And any other work within the public right-of-way will require an encroachment permit from the Engineering Department.
265. The Permittee/Owner shall provide one set of Mylars, scanned copy, and electronic copy - The electronic copy shall
2. Coordinate
system shall be NAD 1983 State plane California Zone V1 FIPS 0406 Feet.
a. The Permittee/Owner shall provide electronic copies (e.g., thumb drive) of the approved WQMP, Hydrology/Hydraulic Report, Final Geotechnical Report, and any other applicable document(s). Said Electronic copies shall be in a Word.doc, PDF format, and/or other acceptable Microsoft format.
b. -
dry, wet, and gas utilities.
266. Obtain written clearance, as deemed necessary by the Engineering Department, from the following agencies:
A. Planning Division
B. Engineering Department
C. Building & Safety Division
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D. Fire Department
E. Landscape (Planning)
F. Community Services Department
G. Sewer and Water District(s)
H. Utility Companies
I. Southern California Edison Company
BUILDING DIVISION
General
267. All construction shall comply with the current California Building Codes (CBC), and related Codes and Ordinances of the City of Murrieta, as follows: The California Model Codes currently in effect are the 2022 California Codes, based on the 2021 International Residential Code (IRC), 2021 Uniform Plumbing and Mechanical Codes (UPC, UMC), 2020 National Electric Code(NEC), 2021 International Building Code (IBC), 2021 International Fire Code (IFC) and the 2022 California Energy Code, 2022 California Green Building Standard Code ("Cal Green"}; and the City of Murrieta Ordinance for Universal Design Residential Dwellings, to include applicable Murrieta City municipal codes.
268. Digital sets of plans shall be submitted for all building and exterior site improvements; and shall include building data, building use/occupancy, construction type, actual building square foot area and related building means of egress and ensuing egress discharge to the public right-of-way.
269. Architectural site and on-site civil design shall correlate, and details shall comply with accessibility standards of the State of California during plan review. 270. Construction plan submittals shall be subject to the current California Green Building Standards Code, wherein provisions for means of achieving material conservation and resource efficiency through construction waste reduction of at least 65% recycling and/or salvage for reuse, diversion, and employment of techniques to reduce pollution through recycling of materials.
271. Any proposed exterior lighting shall be shown on building permit plans and shall comply Standards and/or equal. LED limits are 4050 lumens maximum per fixture and 3000K kelvin color rendition. Photometric plans are required. 272. Separate permits shall be obtained from the City of Murrieta Building & Safety Department, for individual structures and appurtenances e.g., construction trailer(s), parking lot lighting, masonry walls, retaining walls, monument signs, building and monument wall signs, site amenities, EV chargers, temporary power etc. Temporary power and temporary wiring shall comply with the current California Electrical Code.
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273. Plans submitted during the permitting process, including but not limited to, site plan, precise grade plans and building architectural features, shall not vary substantially from plans previously reviewed and approved by the Planning, Engineering or other City Departments, without prior authorization from the City Planner, City Engineer and/or Director of Building and Safety.
274. Detectable warnings shall be cast in place and comply with the following:
A) Detectable warning surfaces shall be yellow and approximate FS 33538 of SAE AMS-STD-595A. (CBC 11B-705.1.1.3.1)
B) Detectable Warnings Shall be referenced at all outside curbs and drive lanes. 275.
inches in width, but when parked vehicles (head-in) abut to walkways, they shall be a -end overhang) or, wheel stops shall be used at those
vehicle parking spaces. Complete dimensions shall be clearly identified on plans. 276. All Exterior Path of Travels Shall conform to current CA Building Codes and Accessible Standards.
277.
planters. Construction Details will be required during plan review. 278. All required Accessible spaces shall not be obstructed by landscaping and landscaping diamond/triangle feature areas and these shall not project into required parking space(s) accessibility dimensions.
279. Access to all required Accessible and EV Charging equipment from parking space(s) shall not be obstructed or blocked by any landscaping diamond/triangle areas or any similar physical barriers, such as landscaping features, etc. 280.
building or facility shall be located on an accessible route to an accessible entrance. 281. Van accessible spaces as required by the current California Building Code Chapter 11B the passenger side of the parking space. See clarification below, and note that requirements will be required during plan review:
a. Required detailed dimensions for Accessible parking spaces shall comply with
b. Note that striping for EV access aisles that serve only the EV spaces shall not be Blue color used for accessible spaces. The preferred color is Green. c. Typical length of all parking spaces shall be a minimum of 18 feet.
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d.
282.
referenced/superimposed on the site plan.
283. A pre-construction meeting shall be scheduled with the City of Murrieta Inspector of Record, prior to the first requested inspection.
Building Permit Application:
284. Digital sets of building construction plans shall be submitted, including a set of supplemental current soil report, structural calculations, energy calculations, etc.
Submittals shall conform to the Electronic Plan Check Submittal Guide (Building Form IB-110). Plans must conform to Digital Submittal Requirements (Building Form DS-162).
Plans shall conform to submittal requirements for new commercial structures (Form DS- 136).
285. Plans submitted for building construction shall contain a full-size copy of the Final Approved set of city departments Conditions of Approval. 286. Submit a construction waste management plan (Building Form DS-153) for diversion of materials.
287. Will serve or first release forms from the governing water and sewer districts will be required.
288. Property and/or Building addressing shall be assigned by Planning and incorporated into the plan set, application and all related documents at time of building plan submission.
Prior to Permit Issuance:
289. A Waste Management Plan (Building Form DS-153), which may include a C & D letter from the Waste Management Company for the recycling, reuse and diversion of construction waste materials from landfills is required prior to the permit issuance. 290. All applicable fees and forms shall be paid. This may include TUMF, School, DIF, etc. 291. Verification of an approved, stamped and signed by the City of Murrieta Engineer, grading plan.
292. A fire access plan shall be approved by Murrieta City Fire Marshal and a copy or notice of approval by the City Fire Marshal shall be received by Building & Safety.
Prior to Building Final:
293. Final permit approvals shall be obtained, and any outstanding fees shall be paid to all City Departments, which may include Fire, Planning, Engineering, Building & Safety, and the City Landscape Architect prior to the issuance of a Certificate of Occupancy from the City of Murrieta Building and Safety Division.
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294. TCO requests Shall be submitted Seven business days prior to the TCO occupancy request Date (DS-130 Bulletin).
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FIRE DEPARTMENT
General:
295. The project shall comply with all requirements set forth by the California Code of Regulations Title 24 Parts 1-12 respectively.
296. The adopted edition of the California Code of Regulations, Title 24, Parts 1 through 12, and the Murrieta Municipal Code shall apply at the time the architectural plans are submitted for construction permits.
297. Prior to the issuance of any grading permit, the applicant shall provide evidence of sufficient fire flow of 3,000 GPM for 3 hours to the City of Murrieta Fire & Rescue.
Murrieta Fire & Rescue Water Available/Fire Flow Form shall be utilized. The fire flow report shall be completed within 6 months of the time of submittal.
298. Prior to the issuance of any grading permit, the applicant shall provide a fire department access plan to the City of Murrieta Fire & Rescue for review and approval. The fire department access plan shall comply with the requirements specified by Murrieta Municipal Code, California Fire Code (CFC), Chapter 5 and Appendix D.
a. Add a note to the fire access plans that all planter areas adjacent to any fire lane that the planting of trees and landscape shall not encroach into the fire lane and -
b. Add a note on the plans that all required fire hydrants shall be readily visible and immediately accessible. A clear space of not less than 5-feet shall be maintained at all times. Fire Hydrants shall be centered in a 4-foot x 4-foot concrete pad.
299. Prior to the issuance of any grading permit, the applicant shall submit water improvement plans to the City of Murrieta Fire & Rescue for review and approval. The Developer shall furnish Murrieta Fire & Rescue with three (3) copies of the water improvement plans designed by a Registered Engineer and/or Licensed Contractor. On- site private fire service mains shall have a minimum of eight (8) inch water mains with six (6) inch laterals and risers. Larger pipes may be required to meet required fire flow - 2 ½ ports and must be an
approved fire hydrant type. The private fire hydrant system must be approved, installed, tested, and accepted, prior to combustible construction.
300. Prior to the issuance of any building permit, the applicant shall install all required fire hydrants and water supplies with the following specific items:
a. The fire hydrants shall be operational prior lumber drop and building construction.
All fire hydrants shall remain operational during construction.
b. All required fire hydrants shall be readily visible and immediately accessible and adjacent to the approved fire access road. A clear space of not less than 5 feet shall be maintained. Fire Hydrants shall be centered in a 4-foot x 4-foot concrete pad.
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c. Fire hydrants shall be installed at intersections, at the beginning radius of cul-de- sacs, and every 300 feet of fire access roadways, regardless of parcel size. The size of fire hydrant outlets shall be a minimum of one 4 inch and two 2-½ inch NST outlet as required by the Fire Code official.
d. A minimum of two points of connection to public water shall be provided for the private fire-line water.
e. The private underground fire-line system shall be a looped design.
f. The private underground fire-line system shall have indicating sectional valves for every five (5) appurtenances.
g. The Fire Department Connection (FDC) shall be located within 50 feet of a public fire hydrant. The fire hydrant shall be on the same side of the street as the FDC.
A vehicle access roadway/approach shall not be placed between the FDC and fire hydrant. A private hydrant may be used to support the FDC provided that an aboveground check valve is installed in a manner that prevents water from the FDC circulating back to the fire hydrant.
301. Prior to the issuance of any building permit, the applicant shall submit fire sprinkler system plans per NFPA13 for review and approval by the City of Murrieta Fire & Rescue.
302. Prior to lumber drop and construction, the general contractor shall install and post a temporary address sign which is clearly visible from the street.
303. Prior to certificate of occupancy, a permanent building address shall be provided and either internally or externally lit during hours of darkness (Mt Palomar lighting requirements apply). The address shall be clearly visible from the street fronting the
The background and numbers shall be highly contrasting.
304. Prior to building final, the building shall be provided with a Knox Lock key box located no more than 6-feet above the finished surfaced and near the main entrance door. 305. For all buildings greater than 10,000 square feet, prior to the issuance of a Certificate of Occupancy each building shall be provided with an emergency radio communication enhancement system that complies with CFC § 510 and MMC § 15.24.200. Plans for the emergency radio communication enhancement system shall be submitted to Murrieta Fire & Rescue for review and approval prior to installation. The system shall be installed and inspected by the Murrieta Fire & Rescue before the Certificate of Occupancy is issued. The requirement can be waived by the Fire Marshal if the building is evaluated by an Emergency Radio Communication Specialist licensed by the FCC, who certifies the building meets the emergency communications capability as specified by the CFC § 510 and MMC § 15.24.200. The certification shall be in the form of a written report which outlines the analysis used in determining the building meets the emergency communications without an enhancement system.
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306. Murrieta Fire & Rescue approval shall be obtained prior to the storage and/or use of hazardous materials as defined by the CFC.
307. Murrieta Fire & Rescue approval shall be obtained prior to any high pile storage (HPS) as defined by the CFC.
308. A lighted directory map, meeting current fire department standards, shall be installed at the driveway entrance.
COMMUNITY SERVICE DEPARTMENT
309. Prior to approval of street improvement plans, the permittee shall prepare landscape plans for any Murrieta Community Service Department (MCSD) maintained areas.
310. Street improvements trigger the developer to install and modify the existing raised landscape medians along Murrieta Hot Springs Road. All landscaping within the raised median shall be
Specifications Book. The Standards and Specifications Book can be found online at http://www.murrietaca.gov/DocumentCenter/View/1259/Community-Services- Department-Standards-and-Specifications-Book-PDF?bidId. Median landscape plans shall be included with the street improvement plans and reviewed by Public Works /MCSD. Please contact the Parks and Recreation Department at 951-461-6124 to set up an appointment for landscape plan review.
311. The applicant shall have in place an Association and/or Property Management to maintain all common areas, irrigation and landscape along the roadways as shown on plan. There appears that no areas will be maintained by the City of Murrieta, Community Services District.
312. The applicant shall contact the Murrieta Community Services Department (MCSD) prior to any construction in the existing landscape public right of way area maintained by the MCSD.
POLICE DEPARTMENT
General Conditions
313. Prior to building permit issuance, the Permittee/Owner shall coordinate with the Police Department to implement Mitigation Measure 9-1.
314. Roof Address Numbering: The number of each independently addressed building on the property shall be marked with a reflective material (vinyl or paint), or in a color that contrasts the color of the roofing material. The lettering must be at least 24 inches in height so that the address can be viewed from the sky and is on the flat portion of the roof of the building and does not negatively impact the aesthetics of the project. The Draft Conditions of Approval
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lettering must be positioned so that the address faces the direction of the corresponding street for which the address is assigned.
315. business in
compliance with 5.23.060(a) MMC and referencing this section to prevent smoking within sign and section 5.23.040(a) MMC referenced on the sign.
WATER DISTRICT
316. The Permittee/Owner shall meet all requirements established by the Eastern Municipal Water District. Prior to issuance of building permits, the permittee shall meet with the Eastern Municipal Water District to develop a plan of service, which shall detail water, wastewater and recycled water requirements to serve the project.
SCHOOL DISTRICT
317. Prior to the issuance of building permits, the Permittee/Owner shall pay the school district the required mitigation fee in effect at the time of request.
END CONDITIONS
DRAFT CONDITIONS OF APPROVAL
FOR
TENTATIVE TRACT MAP NO. 38622 (TTM-2022-2706) (EP&L # MAP-2023-00013) (ASSOC W/DP-2022-2705 (EPL # DP-2023-00017)
AUGUST 20, 2024
GENERAL:
Tentative Tract Map 38622 represents the subdivision of a 64.28-gross acres parcel into twenty- three (23) parcels totaling 63.56 acres and five (5) lettered parcels totaling 0.72 acres within Specific Plan 276 (The Triangle), (APNs: 910-390-001 through 910-390-003, 910-400-001 through -018, 910-390-008 through -022) in conjunction with Development Plan 2022-2705 . This permit runs with the land and shall be binding upon Permittee/Owner of the subject property and all subsequent successors in interest to the Permittee/Owner as to such land.
1. The Subdivider/Owner shall defend (with attorneys approved by the City), indemnify and hold harmless the City of Murrieta, its agents, officers, and employees from any claims, damages, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning this approval of Tentative Tract Map 2022-2706.
The City will promptly notify the Permittee/Owner of any such claim, action, or proceeding against the City and will cooperate fully in the defense.
2. Any fees due the City of Murrieta for processing this project shall be paid to the City within thirty (30) calendar days of final action by the approval authority .
Failure to pay such outstanding fees within the time specified shall invalidate any approval or conditional approval granted. No permits, site work, or other actions authorized by this action shall be processed by the City, nor permitted, authorized or commenced until all outstanding fees are paid to the City.
3. The land division hereby permitted is to subdivide an existing 64.28-gross acre project area consisting of multiple existing parcels into twenty-three (23) parcels. Any proposed change substantially different than the approved tentative map shall require an amendment to this approval in accordance with the Triangle Specific Plan 276.
4. The project shall be in substantial conformance with all adopted environmental mitigation measures, any written project proposal information and any verbal agreements or representations made by applicant to the decision making body as part of its consideration of the project that are incorporated into the final written conditions of approval. Any proposed change substantially different than the approved project shall require an amendment to this approval in accordance with the Development Code.
5. Pursuant to Section 711.4 of the State of California Fish and Game Code, the permittee is required to pay a $50.00 handling fee and a certification fee for the filing of a Notice of Determination related to the Triangle (Murrieta Springs Mall) Subsequent EIR. Said fees shall be paid to the Clerk/Recorder of the County of Riverside at the time the Notice of Determination is filed pursuant to Section 21152 of the Public Resources Code. If this fee is not paid, the approval of this project shall not be operative, vested, or final. To comply with State-mandated timelines for filing a Notice of Determination, the applicant Draft Conditions of Approval
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shall file the NOD
to remit the required fee in full within the time specified above will result in a delay of the start of the 180-day statute of limitations (SOL) on Court challenges to the approval under CEQA, whereas recordation of the NOD within five (5) days of project approval limits the SOL to 35 days. In order to comply with State mandated timelines for filing of a Notice of Determination, the above fee must be paid within five (5) days after the date of final approval.
6. Tentative Tract Map 38622 shall record within three (3) years from the date of the approval or it shall become null and void unless an extension of time is granted pursuant to City requirements.
7. Prior to the expiration of this approval, the Permittee/Owner may request an extension of time in accordance with The Triangle Specific Plan 276 Section 4.2.2.
8. The development of the premises shall comply with the standards of The Triangle Specific Plan,
Codes.
9. Subsequent modifications of this map approval shall be pursuant to The Triangle Specific Plan Section 4.2.2. and Development Code Section 18.86-Subdivisions.
10. The Subdivider/Owner shall pay all applicable impact and/or mitigation fees or provide proof that all required fees have been paid in accordance with City policies and ordinances in effect at the time of permit issuance.
11. In the event the use(s) hereby permitted under this permit is: (a) found to be in violation of the terms and conditions of this permit; (b) found to have been obtained by fraud or perjured testimony; or (c) found to be detrimental to the public health, safety or general welfare, or a public nuisance; this permit shall be subject to the revocation procedures in Section 16.82 of the Development Code.
12. This land division shall comply with the State of California Subdivision Map Act and with Federal codes.
13. The Permittee/Owner shall obtain approval of all necessary plans for the construction of the new structure proposed by the project on the subject property in accordance with the Murrieta Development Code. Such plans include, but are not limited to, site plans, floor plans, building elevations, grading plans and landscaping plans.
14. The City is located within the Mt. Palomar Special Lighting Area, as defined in Section
16.18.110 of the Development Code, low pressure sodium vapor lighting or overhead high-pressure sodium vapor lighting with shields or cut off luminaries, or other complying lighting shall be utilized.
15. The Permittee/Owner shall comply with and implement all applicable Mitigation Measures (MM) and Project Design Features (PDF) contained in the Mitigation Draft Conditions of Approval
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Monitoring & Reporting Program (MMRP), as identified in the Subsequent Environmental Impact Report (SEIR).
For each permit request, the applicant shall submit a Mitigation Monitoring & Reporting Program (MMRP) Compliance Plan indicating the items that are being implemented or satisfied, accompanied by the proof of how the mitigation measure is satisfied. The format shall be in the form of a binder containing the following: (1) cover sheet indicating the permit request phase, (2) table of contents, (3) copy of the MMRP filled out indicating items addressed, (4) supporting information demonstrating compliance
16. Applicant's conceptual plans for various improvements, including but not limited to all off- site improvements, emergency access, building elevations, floor plans, landscaping and irrigation, site grading and drainage, ADA accessibility, sight lighting, and on-site parking and circulation. Prior to issuance of any permits, the Applicant shall submit final design plans to the City for review and approval. The plans shall meet or exceed the receive the required permits and any subsequent approvals.
17. The Subdivider, or any successor-in-interest to the land divider, shall be responsible for maintenance and upkeep of the proposed parcel and any slopes, landscaped areas and irrigation systems on the subject property.
18. Walls or retaining walls proposed on-site shall be decorative and be comprised of a split face or other decorative block material or approved geofabric interlocking landscape walls. All proposed walls shall comply with The Triangle Specific Plan and Development Code (Section 16.22) with regards to setbacks and height limitations.
19. The project shall comply with the provisions pertaining to construction activity as stated in Section 16.30.130 of the City of Murrieta Municipal Code:
a. The operation of tools or equipment used in construction, drilling, repair, alteration, or demolition work is prohibited between Monday through Saturday, from 7 P.M. and 7 A.M., or at any time on Sundays or holidays. b. Construction activities must be conducted in a manner that the maximum noise levels at the affected structures would not exceed those listed in section 16.30.130.
c. All mobile or stationary internal combustion engine powered equipment or machinery shall be equipped with suitable exhaust and air-intake silencers in proper working order.
Prior to Grading Permit Issuance
20. Grading plans must be reviewed by the Planning Division for compliance with the approved site plan.
21. Prior to the issuance of grading permits, the project Subdivider shall comply with the provisions of any existing City ordinance that has been established as a mitigation Draft Conditions of Approval
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measure for the Stephens' Kangaroo Rat. These ordinances may include fee schedules, mechanisms for protecting habitat, or a combination thereof.
22. If the project is to be phased, a phasing plan shall be submitted and approved prior to grading permit issuance.
23. A minimum of 30-days prior to the placement of a construction trailer, a Temporary Use Permit application shall be submitted for review and approval.
24. Prior to issuance of a street improvement plan, plans shall show the location of a bus turnout on Murrieta Hot Springs Road (MMRP PDF 2-3/ PDF 10-7) The bus turnout and shelters located on Murrieta Hot Springs Road shall include a roof canopy, seating, and shade trees nearby to provide shelter for riders.
25. Prior to any ground disturbance or issuance of any grading plan, the Permittee shall submit a report prepared by a qualified biologist to the City documenting absence of bumble bee from the project site.
Prior to Final Map Recordation
26. After approval of the Tentative Map and prior to the expiration of the map, the Subdivider shall cause the real property included within the Tentative Map, or any part thereof, to be surveyed and a Final Map (application) be submitted to the Engineering Department for review and approval.
27. The Final Map shall include easements and documentation for emergency access, legal access to each parcel, reciprocal access, and parking, including provisions for shared parking (if applicable).
28. The land divider shall prepare an Environmental Constraints Sheet (ECS) in accordance simultaneously with the plan check review of the final map. A note shall be placed below
Sheet Affecting this map is on file in the E.C.S. Book__ , Page____. This
29. T
informational purposes describing conditions as of the date of filing and is not intended to affect record title interest. This information is derived from public records or reports and does not imply the correctness or sufficiency
30. The following notes shall be placed on the Environmental Constraints Sheet:
Draft Conditions of Approval
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a. "This property is subject to lighting restrictions as required by Murrieta Municipal Code (MMC) Title 16.18.110 (Mount Palomar Lighting), which are intended to reduce the effects of night lighting on the Mount Palomar Observatory. All proposed outdoor lighting systems shall be in conformance with MMC
b. The natural watercourse that traverses Parcels 19, 20, 21, 22, and 23 shall be delineated and labeled on the environmental constraint sheet to accompany the final map. Notes shall be placed on the environmental constraint sheet stating that unless otherwise permitted pursuant to separate approvals by the appropriate state and federal regulatory agencies:
i.
and
ii. "No disturbances may occur within the boundaries of the of the constraint areas."
iii.
c. "A cultural resources assessment was prepared for this property on July 16, 2008, by and is on file at the City of
Murrieta Planning Division. The property is subject to surface alteration restrictions based on the results of the report."
31. The permittee/owner shall submit the following documents to the City for review and approval by the City Attorney. The intent is to establish a Declaration to insure maintenance of the landscaping, parking spaces (lot), detention basin(s) (drainage), common area(s) and reciprocal access and shared parking requirements.
a. A cover letter identifying the project for which approval is sought;
b. A signed and notarized declaration of covenants, conditions, and restrictions ; and
c. A sample document conveying title to the purchaser of an individual lot or unit which provides that the lot is subject to the Declaration.
d. The Declaration submitted for review shall (a) provide for a minimum term of 60 years, (b) provide reciprocal easements for ingress, egress, and parking, including shared parking (c) provide the Declarant to maintain the common areas and improvements, and (d) contain the following provisions verbatim:
i.
following provision shall apply:
ii. The Declarant
area, parking spaces (lot), detention basin(s) (drainage), and common area(s) set forth in the.
iii. The Declarant shall have the right to assess the owners of each individual parcel for the reasonable cost of maintaining the Common Areas and Common Area Improvements and shall have the right to lien the property of any such owner who defaults in the payment of a maintenance Draft Conditions of Approval
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assessment. An assessment lien, once created, shall be prior to all other liens recorded subsequent to the notice of assessment or other document creating the assessment lien.
iv. The provisions of the Declaration set forth above shall not be terminated, substantially amended, or property deannexed therefrom absent the prior written consent of the Development Services Director of the City of -in-interest.
v. A proposed amendment shall be considered substantial if it affects the legal access,
emergency access, or reciprocal easement established pursuant to the
In the event of any conflict between this Declaration and the Articles of Incorporation, the Bylaws or the property owners association Rules and Regulations, if any, this declaration shall control.
Once approved by the City Attorney, the Declaration shall be recorded prior to final map recordation. A copy of the Declaration shall be provided to the City and retained for the project file at City Hall.
Prior to Building Permit Issuance
32. Tentative Tract Map 38622 shall be recorded. For any proposed buildings crossing over property lines, a lot line adjustment or parcel map shall be recorded.
33. Project shall demonstrate the tentative map/final map is consistent with Development Plan 2022-2705 or any subsequent approved Development Plan or revision thereof.
General Plan Mitigation Measures
34. (AES-2) During Pre-Construction and Construction-Construction documents shall include language requiring that construction vehicles be kept clean and free of mud and dust prior to leaving the development site. Streets surrounding the development site shall be swept daily and maintained free of dirt and debris.
35. (AES-3) During Pre-Construction and Construction-Construction worker parking may be located off-site with prior approval by the City. On-street parking of construction worker vehicles on residential streets shall be prohibited.
36. (CR-2) During Excavation and Grading Activities-In the event that cultural resources (archaeological, historical, paleontological) resources are inadvertently unearthed during excavation and grading activities of any future development project, the contractor shall cease all earth-disturbing activities within a 100-foot radius of the area of discovery. If not already retained due to conditions present pursuant to Mitigation Measure CR-1, the project proponent shall retain a qualified professional (i.e., archaeologist, Native American Tribal monitor), subject to approval by the City of Murrieta to evaluate the Draft Conditions of Approval
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significance of the find and appropriate course of action (refer to Mitigation Measures CR-1 and CR-3). If avoidance of the resources is not feasible, requirements pursuant to Section 15064.5 of the CEQA Guidelines shall be followed. After the find(s) has been appropriately avoided or mitigated, work in the area may resume.
37. (CR-3) During Excavation and Grading Activities-In the event that human remains are unearthed during excavation and grading activities of any future development project, all activity shall cease immediately. Pursuant to State Health and Safety Code Section 7050.5, no further disturbance shall occur until the County coroner has made the necessary findings as to origin and disposition pursuant to Public Resources Code Section 5097.98. If the remains are determined to be of Native American descent, the coroner shall within 24 hours notify the Native American Heritage Commission (NAHC).
The NAHC shall then contact the most likely descendant of the deceased Native American, who shall serve as consultant on how to proceed with the remains.
38. (WW-2) Prior to issuance of a building permit for any future development project, the Project Applicant shall prepare an engineering study to support the adequacy of the sewer systems and submit the engineering study to the City for review and approval.
Any improvements recommended in the engineering study shall be installed prior to the certificate of occupancy for the development project.
39. (WW-3) Prior to issuance of a building permit for any future development project, the Project Applicant shall provide evidence that the RCWD, EVMWD, WMWD, or EMWD has sufficient wastewater transmission and treatment plant capacity to accept sewage flows from buildings for which building permits are being requested.
40. (WW-1) Prior to issuance of a wastewater permit for any future development project, the Project Applicant shall pay applicable connection and/or user fees to RCWD, EVMWD, WMWD, or EMWD.
41. (FP-2) Prior to Initiation of Construction Activities-Brush clearance shall be conducted prior to initiation of construction activities in accordance with Murrieta Fire Department requirements.
42. (FP-3) During Construction-Adequate access to all buildings on the project site shall be provided for emergency vehicles during the building construction process.
43. (FP-4) During Construction-Adequate water availability shall be provided to service construction activities.
LANDSCAPING
Prior to the issuance of building permits
44. Project shall comply with the Triangle Specific Plan 276 including all relevant exhibits, landscape requirements, and other requirements, as applicable.
45. comply with the requirements of Title 16.42 Tree Preservation. This chapter provides Draft Conditions of Approval
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regulations for the protection, preservation, and maintenance of significant tree resources and establishes minimum mitigation measures for trees removed as a result of new development.
46. website under Planning Division, Applications and Forms, Landscape Handouts. A combination of erosion control groundcover, shrubs, and trees shall be provided.
DEPARTMENT OF PUBLIC WORKS
47. Since the project consists of multiple discretionary reviews and conditions of approval, (DP 2022-2705, TTM 2022-
48. Any alteration to the final conditions of approval by the Permittee/Owner shall be reviewed by staff to determine whether approval of alteration shall be subject to M.M.C.
Section 16.80.070, Changes to an Approved Project.
49. All items required to be submitted shall be, at a minimum, in electronic format (e.g., PDF, Word). Hard copies may also be required.
50. All conditions as approved shall be completed by the Permittee/Owner at no cost to the City, unless specified otherwise.
51. All designs shall conform, at a minimum, to the City of Murrieta Municipal Code, Development Code, Standard Drawings, Circulation Element, California Highway Design Manual, and Manual on Uniform Traffic Control Devices (MUTCD).
52. Prior to any permit issuance, all relevant plans and their associated bonds, reports, and supporting documents shall be prepared in accordance with the Murrieta Municipal Code, reviewed, all applicable fees paid, and approved by the City Engineer.
53. Future extensions are subject to any, and all, local, state, and federal current regulations not previously identified in the original conditions of approval. Revisions/Updates to the be at the discretion of the City Engineer. Regardless of revisions/updates to future extensions, revised/updated exhibits, plans, reports, etc., shall be submitted for review and approval for discretionary review and approval prior to submittal of construction documents (e.g., exhibits, plans, reports, etc.). The approved discretionary documents, and all applicable conditions of approval, shall then be submitted along with the construction documents for any permit issuance.
54. As part of the initial submittal of plans, reports, etc., for any grading permit or any other grant of approval, the Permittee/Owner shall submit the approved discretionary plans and reports (e.g., Tentative Map, Preliminary Grading Plan, Preliminary Water Quality Management Plan, Preliminary Hydrology Study, etc.) that were approved as part of the Discretionary Review Process, in addition to all applicable onsite and offsite plans, reports, reference documents, and/or document(s) deemed relevant for the issuance of Draft Conditions of Approval
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a permit. All discretionary documents shall serve as a reference for final document preparation and approval and are subject to revision to ensure compliance with all local, state, and federal requirements, as applicable.
55. The conditions herein, when addressing grading plans, implies precise grading plans for the front half of the project and mass grading plans for the back half of the project. Any other type of grading plan will be explicitly named when applicable. Moreover, grading plans not specifically identified herein are not approved as part of these conditions of approval.
56. st submittal, for the front half with building pad location and elevation st submittal.
st st
nd submittal shall incorporate all applicable 1st
57. Prior to the issuance of any occupancy permit, including temporary certificate(s) of occupancy, all public improvement conditions set forth in these Conditions of Approval shall be completed and accepted/as-built.
58. In addition to any applicable permit issuance, an Encroachment Permit shall also be obtained from the Engineering Department prior to commencement of any construction within City right-of-way or public jurisdiction easements.
59. If applicable, an Encroachment Permit, or any other applicable type of permit or allowance, shall be obtained from CalTrans, Riverside County Flood Control and Water Conservation District, etc. prior to commencement of any construction within their right- of-way. Proof of permit issuance, or verification of acknowledgement with no permit issuance requirement, shall be submitted prior to city-issued permit issuance affecting said easement(s). Additionally, said approvals/acknowledgements shall be identified on the subject grading and/or improvement plans, as applicable.
60. The Permittee/Owner shall submit a current hyperlinked Preliminary Title Report (PTR) with active connectivity to all referenced recorded documents identified within the Preliminary Title Report.
a. In addition to the hyperlinked PTR, all referenced recorded documents shall also be submitted, in PDF format.
61. It is understood that the Final Map will correctly show all existing and proposed easements, travel ways, grading, drainage courses, etc., and that any omission may require the resubmittal of documents and/or plans associated with this application for additional consideration.
62. All Engineering Plans (e.g., Improvement Plans, Grading Plans) shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City-formatted bond sheets. The Permittee/Owner shall review all plan check comments, make certain their consultants Draft Conditions of Approval
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address all comments in each subsequent submittal, and return all plan check comments with each subsequent submittal. Failure to do so may result in additional plan check fees due to additional review time.
63. The Permittee/Owner shall comply with all current and applicable requirements set forth in Ordinances, Policies, and Resolutions, along with all applicable State (e.g., State Water Resources Control Board) and Federal regulations, whether or not such provisions or requirements have been specifically set forth in these conditions, all of which are now incorporated herein by reference, and fully set forth at this point.
64. Prior to approval of any plans, reports, or legal documents and/or permit issuance, the Permittee/Owner shall pay, at a minimum, all outstanding plan check and processing fees.
65. Security bonds, for a portion of the construction costs as outlined in the final cost estimate(s), shall be in the form of a cash deposit, as approved by the City Engineer.
PRIOR TO ISSUANCE OF ANY PERMIT, THE PERMITTEE/OWNER SHALL COMPLETE
THE FOLLOWING
Acquiring Offsite Property/Easement
66. Prior to any permit issuance, the Permittee/Owner shall coordinate with adjacent property owners affected by proposed onsite and/or offsite improvements. The Permittee/Owner shall be solely responsible for acquisition of any necessary easements, agreements, etc. prior to plan approval. All easements, agreements, etc. shall be notarized and recorded in a format acceptable to the City Engineer. Agreements and/or easements shall designate maintenance responsibilities conforming to those associated/identified on the approved Tentative Map. The agreements and/or easements shall also address uninterrupted access and utility services to affected existing properties during construction, and show the recording information (instrument number and date) on the appropriate plan(s).
67. Upon property/easement acquisition, the Permittee/Owner shall complete the improvements as approved by the City Engineer.
68. Property/Easement acquisition necessary for public improvements shall be obtained, signed, notarized, and recorded, and copy submitted to the City, prior to approval of the improvement plans (bonding approved) and final map. Recordation of said property/easement acquisition may occur:
a. prior to improvement plan approval with a deferred map if applicable, b. but not with a final map approval with a deferred improvement plan.
69. The Permittee/Owner shall obtain the required area from APN 910-031-020 and 910- 031-011, to accommodate public improvements for the purpose of the traffic signal modifications and intersection improvements at Murrieta Hot Springs Rd and Monroe Ave. City-owned.
Draft Conditions of Approval
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a. The Permittee/Owner shall complete the property acquisition process with the City in a timely manner to ensure the proposed design meets all requirements. b. Upon completion of the property acquisition, the Permittee/Owner shall complete the improvements as approved by the City Engineer.
c. If the Permittee/Owner does not acquire the City-owned parcel, the Permittee/Owner shall provide a redesign of the project ensuring connectivity between Murrieta Hot Springs Rd and Monroe Ave.
Grants of Easements
70. Dedications, grants of easements, and/or right-of-way dedications, shall occur via this
71. All offers of dedication and conveyances shall be submitted for review and recorded as directed by the Engineering Department. The Permittee/Owner shall incur all costs associated with the formation of a suitable maintenance district for all associated easements.
72. All easements and/or right-of-way dedications shall be offered via an Irrevocable Offer of Dedication to the City or other appropriate agency and shall continue in force until the City or other agency accepts or abandons/rejects such offer(s). All dedications shall be free from all encumbrances as approved by the Engineering Department.
73. Easements, when required for roadways, slopes, landscaping, drainage, utilities, etc., both onsite and offsite, shall be shown on a final map, or per separate document(s) as approved by the City Engineer. All grants of easements shall be approved prior to issuance of a grading permit.
Vacation or Abandonment of Easements
74. per separate instrument(s), as approved by the City Engineer.
75. Proposed vacations or abandonments of existing public right-of-way or easements shall be completed prior to plan approval, or as approved otherwise by the City Engineer.
76. Any proposed vacation(s) and/or abandonment(s) of existing right of way or public easements shall be shown on a final map, or per separate instrument(s) as approved by the City Engineer.
77. All vacations and/or abandonments, shall be submitted for review and approval by the Engineering Department and/or City Council, prior to being signed, notarized, and recorded. A copy of the notarized and recorded copy shall be provided to the City.
78. Subject to the discretion of, and final approval by, the City Council, the City shall Draft Conditions of Approval
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-of-way.
a. Sparkman Court, aka Monroe Ave
b. If the vacation/abandonment is unsuccessful, Permittee/Owner shall submit revised plans for substantial conformance review as required by the City of Murrieta Development Code.
Street Improvement Plans
79. The Street
required improvements prior to first occupancy:
a.
approved public street improvement plans, shall be constructed/completed and accepted/as-built prior to first certificate of occupancy.
80. The Permittee/Owner shall provide the following items, but may be required to provide additional items to substantiate the proposed design:
a. A Street Improvement Plan prepared by a registered Civil Engineer, or licensed specialist, in accordance with City standards, California Highway Design Manual, and/or MUTCD requirements, with all improvements subject to the approval by the City Engineer.
i. The Street Improvement Plan may include within it, but may not be limited to, the following:
1. Standard section(s), plan(s), profile(s), station values, elevations, dimensions.
2. Signing and Striping plan, included with the street improvement plans for the project.
3. Traffic Signal Plan included with the street improvement plans for the project.
4. Wet Utility Plans (e.g., storm drain, water, sewer) included with the street improvement plans for the project.
b. A Cost Estimate, prepared, signed, and stamped, by the registered civil engineer preparing the plans. The cost estimate shall include all costs, but not limited to, plan preparation, plan check fees, permit fees, bonding, staking, construction costs, stormwater best management practices, erosion control, soils engineering, construction management, etc.
81. The Permittee/Owner shall design, for the guarantee of construction, the following public improvements to the current City of Murrieta Circulation Element and corresponding City standards. Improvements may include, but are not limited to: paving, curb and gutter; sidewalk; street lights; drainage facilities; water quality best management practices; Draft Conditions of Approval
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signing and striping; utilities, including but not limited to, water and sewer; landscaping; with all improvements subject to the approval by the City Engineer. a. Design Murrieta Hot Springs Rd frontage to be improved to a half width of seventy- -of-way, per Augmented Urban Arterial City
Standard Drawing #102A. The following shall be provided, but may not be limited to:
i. An additional width, greater than the seventy- -
of-way, shall be provided to accommodate the right-turn/decel lane, per Traffic Engineering requirements, to the satisfaction of the City Engineer. ii. The required improvements shall include, and clearly show, connectivity to property line(s), as well as Monroe Ave.
iii. The required improvements shall include connectivity to improvements existing opposite legal centerline.
iv. Provide a design identifying improvements, including but not limited to: a bike lane; eastbound trave/turn/decel lanes; westbound travel/turn lanes; existing/proposed raised/painted medians; existing eastbound parkway improvements; all as directed by the Traffic Engineer, and subject to approval by the City Engineer.
v.
the enhanced parkway landscape, between the curb & gutter and the right-of- way line.
vi. The project shall provide a design to tie into existing medians and provide full westerly property line to the most easterly property line, except for the areas for turning lanes at the following intersections:
1. Murrieta Hot Springs Rd & Monroe Ave
2. Murrieta Hot Springs Rd & Hancock Avenue
vii. As applicable, callout right-of-way dedication/vacation along the frontage to provide the requested right-of-way for the required improvements. viii. Restripe Murrieta Hot Springs Rd full width as directed by the Traffic Engineer and as approved by the City Engineer.
1. Transition striping from the proposed frontage may be required to commence at the project boundary and extend offsite to the satisfaction of the City Engineer.
82. All street improvements shall be designed to provide adequate right-of-way and transitions to existing improvements.
Draft Conditions of Approval
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83. Proper right-of-way shall be dedicated, beyond that required per City Standard Drawing #102A, along the entire Murrieta Hot Springs frontage, to accommodate the new parkway improvements, along with all access driveways to include the pedestrian improvements/pathways.
84. Improvement plans shall show all existing and proposed drainage and stormwater facilities, including surface and subsurface construction.
85. The Permittee/Owner shall provide a design to construct/reconstruct handicap access -of-way to current ADA requirements (e.g.,
ramps with truncated domes/warning detection systems). Title II of the American Disabilities Act prohibits local governments from discriminating against persons with disabilities. This may include providing handicap access ramps across the street or satisfaction of the City Engineer.
a. Sidewalks and pedestrian ramps fronting, adjacent to, and/or near the project shall be improved/provided to current ADA standards, to the satisfaction of the City Engineer.
b. Pedestrian sidewalks and ramps, fronting, adjacent to, and near the project, shall be improved/provided, to ensure continuous connectivity to the nearest RTA bus stop and to current ADA standards, to the satisfaction of the City Engineer.
86. If applicable, the Permittee/Owner shall provide a design to construct/reconstruct handicap access ramps within the public right-of-way, and adjacent to the project, to current ADA requirements (e.g., ramps with truncated domes/warning detection systems). Title II of the American Disabilities Act prohibits local governments from discriminating against persons with disabilities. This may include providing handicap access ramps across the street or driveway to ensure public safety, to the satisfaction of the City Engineer.
87. The Permittee/Owner shall provide a design for bus turnouts with shelter at all existing and proposed bus stops as determined by the Engineering Department and the Riverside Transit Agency. The bus turnout may not be required if located within a right- turn lane for access onto the site, as approved by the City Engineer.
A. Existing bus stops within proposed right-turn lanes shall be relocated to the satisfaction of the City Engineer.
B. Details for the bus stop, shelter, and appurtenances shall be provided on the plans.
88. City-maintained drainage facilities located outside of city right-of-way shall be accompanied with proper public drainage easements and monumentation for review and approval by the City and recorded on a city-approved format.
89. All storm
easement width chart and have a maximum cross slope of 5%.
Draft Conditions of Approval
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90. The parkway cross slope in the public right-of-way shall not exceed two percent, unless otherwise approved by the City Engineer.
91. Driveways and Site Access shall conform to Development Code 16.34.080.
92. Corner Site Distance and Stopping Sight Distance for the installation of pedestrian and traffic control facilities shall be provided at all street intersections and entrances in accordance with City Standards, as directed by the Traffic Engineer, to the satisfaction of the City Engineer. The line of sight shall be shown on all grading, street improvement, and landscape plans in accordance with Std. 214. Signs are not allowed within the Limited Use Area.
93. The Murrieta Hot Springs Rd and Monroe Ave pre-development drive lanes, paint, Engineer, to the satisfaction of the City Engineer.
94. The exact alignment, width, and design of all turning lanes, travel lanes, driveways, striping, and all other traffic control devices and measures, including turnouts, bike lanes, and width transitions, shall be approved by the City Engineer.
95. A light emitting diode for the public and private street lighting system shall be shown on the street improvement plans and shall be installed at locations specified by the City Engineer at no cost to the public.
Street Lighting Standards, 619, 620, and 620C.
96. If the project is to be phased, the Permittee/Owner shall submit detailed plans describing activities for the entire phase(s). A Phasing Plan shall be reviewed and approved by the City Engineer and Planning Division Director. The plans shall address, in detail, the following, but not limited to, items:
a. The Permittee/Owner shall implement the requirements of the current General Construction Permit at all times to prevent discharge from the site for all phases of construction (e.g., demolition, grading, vertical construction, landscape/hardscape).
Sediment and erosion controls shall be appropriately applied for the risk level assigned to the project.
b. Submit a landscape plan to the Planning Division that addresses both short term and long-term slope stability and dust control including all temporary and storm water design features.
c. Should the Permittee/Owner decide to develop phases out of numerical sequence with the approved phasing as shown on the plan, all conditions required of the proceeding phases shall be completed unless otherwise approved by the City Engineer and the Director of Planning. Other conditions may be imposed by the City Engineer and Planning Division Director to allow phased construction. d. The Water Quality Improvement Plans (WQIP), approved as part of the grading Draft Conditions of Approval
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each phase of development. The WQIP shall include an overview of project phasing that shows each project phase, prior to activation of the area for use in accordance with Order R9-2013-0001, that 100% of the impervious area for that phase will be treated and retained to meet water quality and hydro-modification requirements.
97. All existing street monuments within or abutting this project site shall be preserved. If such monuments are damaged or destroyed, the Permittee/Owner shall retain a licensed land surveyor or a qualified registered civil engineer to reset those monuments per City Standards 617a, 617b, and 617c, and file the necessary information with the County 8771. If damaged, existing monuments that are no longer relevant do not have to be replaced, subject to approval by the City Engineer.
98. If reconstructing an existing street or existing intersection, the Permittee/Owner shall provide a design with callouts for street centerline monuments to be set per City Std. 617a, 617b, and 617c, and elevations provided, unless specified otherwise by the City Engineer, or assignees.
A. Set street centerline monumentation for the following street(s) and/or following intersection(s):
i) Murrieta Hot Springs Rd & Monroe Ave
99. Centerline tie notes may be provided, when applicable as noted on City Std. 616, on 8.5 x 11 mylar sheets (identify locations if possible). Prior to installation, each location where tie notes may apply shall be reviewed and approved by the City Engineer, or assignees, to determine monument type to be used.
Traffic
100. Permittee/Owner shall provide a Street Improvement Plan prepared by a registered Civil Engineer in accordance with City standards, California Highway Design Manual standards, and MUTCD requirements, with all improvements subject to the approval of the City Engineer.
101. The Permittee/Owner shall provide a Signing and Striping plan, designed by a registered Civil Engineer and included with the street improvement plans for the project. 102. Traffic signal improvements shall be designed to coincide with the street improvement plans. Right-or-way acquisition necessary for street and traffic signal improvements shall be the responsibility of the Permittee/Owner. Traffic signals are not eligible for DIF credit.
103. Permittee/Owner shall design Traffic Signal Modifications to the existing signals on Murrieta Hot Springs Rd frontage. Designs shall be prepared by a registered Civil Engineer in accordance with City Standards with all improvements subject to the approval of the City Engineer.
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104. Prior to issuance of Certificate of Occupancy permits for Phase 1 uses, design, furnish, and construct the following (MMRP PDF 10-1):
Driveway 1 (Monroe Avenue) at Murrieta Hot Springs Road
Northbound approach: 2 left-turn lanes, 2 through lanes with shared right-turn lane Southbound approach: 2 left-turn lanes, 2 through lanes with shared right-turn lane Eastbound approach: 2 left-turn lanes, 4 through lanes, 1 right-turn lane Westbound approach: 2 left-turn lanes, 4 through lanes with shared right-turn lane Install traffic signal
Driveway 2 at Murrieta Hot Springs Road
Northbound approach: 1 right-turn lane
Eastbound approach: 4 through lanes, 1 right-turn lane (200 feet minimum storage) Westbound approach: 4 through lanes with shared right-turn lane
Driveway 3 (Hancock Avenue) at Murrieta Hot Springs Road
Northbound approach: 2 left-turn lanes, 2 through lanes with shared right-turn lane, 1 right-turn lane
Southbound approach: 2 left-turn lanes, 2 through lanes with shared right-turn lane Eastbound approach: 2 left-turn lanes, 4 through lanes, 1 right-turn lane Westbound approach: 2 left-turn lanes, 4 through lanes with shared right-turn lane Modify traffic signal
105. Project shall comply with and provide documentation demonstrating compliance with Mitigation Monitoring & Reporting Program (MMRP) Mitigation Measures 10-1, 10-2, and 10-4.
106.
traffic impact fee (Fair Share Impact Fee established as a dollar amount per square foot of gross building area) as follows:
Building Square Foot Threshold Traffic Fee per square foot 1 - 537,496 $0.37
537,497 - 1,240,556 $3.21
1,240,557 1,767,914 $0.80
This fee implements the fair share fee required to mitigate impacts to specified intersections identified part of MM 10-2.
Sewer & Water
107. Verify capacity of proposed sewer and water systems and provide approval from the Health Department or the governing Sewer and Water District that the proposed sewer
108. The Permittee/Owner shall design and guarantee the construction of all sewer and water Draft Conditions of Approval
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improvements necessary to serve this project. Private sewer force mains are not allowed in the public right-of-way unless otherwise approved by the City Engineer.
Utilities
109. The Permittee/Owner shall provide a design to install all existing and proposed utility systems underground. Utility systems include, but may not be limited to, electric lines 32kv and lower, telephone, and cable TV. The utilities shall be designed in accordance with City Codes and utility provider(s).
A. All applicable appurtenances shall also be coordinated with the building department and engineering department for review of proposed locations.
Easements shall also be provided as required.
B. If there are any electric lines 33kv and higher, those existing lines will not be required to be placed underground.
C. Electric lines not required to be underground shall be relocated to accommodate required public roadway/parkway improvements.
110. Above-ground Edison transformers shall be located behind the right-of-way line. If necessary, retaining walls shall also be located behind the right-of-way and limited to maximum five feet in height. Safety railing is required for retaining wall heights above thirty inches.
111. Permittee/Owner shall provide a design identifying location of all wet utilities (e.g., water, sewer, storm drain, recycled, etc.).
Grading
112. The Permittee/Owner shall provide the following items, but may be required to provide additional items to substantiate the proposed design:
a. A Grading Plan prepared by a registered Civil Engineer in accordance with currently accepted design standards. The plan shall incorporate Grading Information, Erosion & Sediment Control Measures, Mitigation Measures as applicable, and Site Design & Source Control (Low Impact Development (LID)), as well as Pollutant Control and Hydromodification as applicable. i. The Grading Plan shall include within it the following:
1. A Water Quality Improvement Plan prepared by a registered Civil Engineer in accordance with City standards and approved by the Engineering Department.
2. A Storm Drain Improvement Plan prepared by a registered Civil Engineer in accordance with City standards and approved by the Engineering Department.
3. An Erosion Control Plan prepared by a registered Civil Engineer in Draft Conditions of Approval
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accordance with City standards and approved by the Engineering Department.
b. A Cost Estimate prepared, signed, and stamped, by a registered civil engineer.
The cost estimate shall include all costs but not limited to plan preparation, plan check fees, permit fees, bonding, staking, construction costs, erosion control, soils engineering, construction management, etc.
113. The Grading Plan shall be prepared to the satisfaction of the City Engineer and shall also include, but may not be limited to:
a. Include a topographic map prepared by a Registered Civil Engineer or a Licensed Land Surveyor. The topographic map shall indicate property lines, topographic features and existing and/or proposed structures. Said map shall include two-foot contour lines and/or sufficient spot elevations to clearly represent existing and proposed topographical features, and existing and proposed drainage patterns.
Survey shall extend a minimum of 100 feet beyond limits of work. Said map shall also show entire property boundary including any assumed found monuments, and bearings and distances based on record information.
b. Depict the limits of grading and provide cross sections as needed.
c. Incorporate all recommendations pursuant to the Hydrology/Hydraulic Report prepared for the project.
d. Incorporate all stormwater best management practices as quantified in the Water Quality Management Plan.
e. Include mitigation measures and project modifications as recommended in the required Geotechnical Report prepared for the project.
f. Depict the location of existing or proposed easements within the property boundary, as well as adjacent easement(s) which may impact, or may be impacted by, the project.
114. All onsite storm drain systems shall be privately owned and maintained. Private storm drain systems may connect to public storm drain facilities by installing cleanouts situated immediately adjacent to, and within, the public right-of-way. 115. Pay to City all County of Riverside Development Impact Fees applicable at time of grading permit issuance or as otherwise approved by ordinance. In the event these fees have been previously paid, the Permittee/Owner shall provide proof of payment. Said fees may include, but are also not limited to, the following:
A. Riverside County Area Drainage Fee
B. Kangaroo Rat Fee
C. Multiple Species Habitat Conversation Plan (MSHCP) Fee
116. Obtain written clearance, as deemed necessary by the Engineering Department, from Draft Conditions of Approval
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the following departments/agencies:
A. Planning Division
B. Community Services Department
C. Building Division
D. Fire Department
E. Landscape (Planning)
F. Sewer and Water District(s)
117. If applicable, the Permittee/Owner shall obtain and provide the City with written clearance or a non-interference letter from Southern California Edison (SCE) prior to grading plan approval. Permittee/Owner shall submit directly to SCE. 118. Loading ramps or truck wells shall be profiled showing the ramp, ramp transitions, and overhead clearances. Drainage collection sump areas shall conform to clean water runoff standards. Loading, unloading, and truck turning movements onsite, along with contiguous adjacent public streets, shall be shown on the grading plan. 119. Development Standards for Off-Street Parking shall conform to Development Code
16.34.070.
120. If blasting of rock is required, a blasting permit will be required as part of the grading permit process. A blasting permit shall be obtained through the Riverside County and Fire Departments prior to blasting.
121. If any water wells are found onsite, the intent shall be identified on the grading plan (e.g., protected in place, easements may apply. Additionally, if to be abandoned, they shall be abandoned in a manner approved by the State Department of Water Resources and Riverside County Health Department. Confirmation of abandonment approval shall be provided to the City.
122. If applicable, a qualified biologist shall delineate jurisdiction areas that are not to be disturbed. Identify the installation of some type of barrier fence to delineate the areas of avoidance.
123. Construction fencing shall be placed so as not to interfere with sight distance and comply with City Std. No. 214.
124. City-maintained drainage facilities located outside of city right-of-way shall be accompanied with proper public drainage easements to be reviewed and approved by the City and recorded on a city-approved format.
A.
easement width chart and have a maximum cross slope of 5%. 125. All existing property monuments within or abutting this project site shall be preserved. If such monuments are damaged or destroyed, the Permittee/Owner shall retain a licensed Draft Conditions of Approval
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land surveyor or a qualified registered civil engineer to reset those monuments per City required by California Business and Professions Code Section 8771. If damaged, existing monuments that are no longer relevant do not have to be replaced, subject to approval by the City Engineer.
Geotechnical
126. A comprehensive geotechnical report shall be prepared by a registered Geotechnical Engineer and submitted to the engineering department as part of the initial grading plan check.
A. The report shall address in-situ soils conditions; shall provide the following, but not be limited to:
i) a percolation/infiltration analysis;
ii) identify any geotechnical hazards for the site;
iii) provide recommendations for the construction of engineered structures, iv) provide preliminary pavement sections,
v) provide slope stability analysis,
vi) identify faults that may affect the proposed project and confirm buildings meet setback requirements, as applicable.
vii) evaluate slope stability and potential effect of proposed construction on nearby slopes, public right-of-way and neighboring properties.
viii) Address the feasibility of long-term infiltration of stormwater runoff onsite, and if subdrains will be required for any proposed infiltration BMPs.
ix) Provide recommendations for any special construction methods as necessary.
B. All recommended measures identified in the report shall be incorporated into the project design. If located in a Geologic Special Study Zone, the report may, at the discretion of the City Engineer, be subject to a third-party review. If third party review is required, the Permittee/Owner must submit an application and schedule to have any open trenches inspected by a City-approved third-party reviewing consultant.
127. If
civil engineer, certified engineering geologist or certified hydrogeologist shall prepare a percolation analysis and determine infiltration rates for the purpose of determining water quality best management practices (i.e., Water Quality Management Plan).
A. See Appendix A, Section 1.8 Final Report, of the Riverside County Low Impact Development BMP Design Handbook, as a guide for preparing the analysis.
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B. Infiltration testing requirements shall adhere to Appendix A Infiltration Testing, of the Riverside County Low Impact Development BMP Design Handbook (e.g. Table 1 Infiltration Testing Requirements).
C. A note shall be added on the grading plan identifying the infiltration rates used in the WQMP. If BMP locations differ, laterally and/or vertically, from the WQMP, additional infiltration tests may be required to be conducted and submitted for review and approval by the City.
Water Quality Management Plan (WQMP)
128. The Permittee/Owner shall provide a Water Quality Management Plan (Report) prepared by a registered Civil Engineer in accordance with currently accepted design standards. 129. Water Quality Improvement Plans (WQIP) shall be integrated with the grading plans and included as part of the grading plans. Prior to final approval of the grading plans, the grading plans shall be in conformance with the Project-Specific WQMP. 130. A Final Project-Specific WQMP shall be submitted to the City for approval with the grading plan check application and approved by the Engineering Department prior to issuance of a grading permit. The WQMP shall include, but not be limited to, the following:
A. The Permittee/Owner, assigns, or heirs shall allow the City to enter the premises to conduct periodic inspections to ensure that the WQMP is being implemented, maintained, and to review the inspection and maintenance records.
B. Prepare a hydromodification analysis utilizing continuous simulation of the geomorphically significant flows starting at 10% of the 2-year runoff and up to the 10-year runoff (85th percentile Design Capture Volume (DCV)). The analysis must have a maximum interval of 1-hour, or 15-minutes, and contain a minimum of 37 years of data.
C. The 85th percentile DCV of on-site drainage shall be treated on site in accordance Management Plan. The drainage shall be treated onsite prior to entering public right-of-way.
D. When continuous simulation is prepared, and acceptable, the continuous simulation may be used in-lieu of the 1, 3, 6 and 24-hour duration for the 2, 5, and 10-year frequency storms, if applicable.
E. The WQMP shall incorporate, but not be limited to, the following:
i)
ii)
iii)
iv) Hydromodification
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v) The WQMP shall identify affected and 303(d) receiving water bodies, applicable water-quality objectives, total maximum daily loads (TMDLS), pollutants of concern for the project type, and estimates for post-construction discharge rates (with all BMPs in place), and demonstrate that the project pollutant loads will be treated in accordance with the most current NPDES MS4 permit and will not cause a violation of the water quality objectives. The structural treatment and hydro-modification controls shall remove project pollutants anticipated to be generated by the project for the benefit of downstream impaired water bodies listed by the SWRCB 303(d) to a medium removal efficiency or better for the pollutants of concern. vi) Long term operation and maintenance requirements, inspection and maintenance checklist;
vii) Record a restrictive covenant to ensure operation, maintenance, funding, and transfer of requirements.
viii) The post-construction best management practices (BMPs) outlined in the approved Final project-specific WQMP shall be incorporated in the grading plans.
F. A Water Quality Maintenance Agreement shall be recorded with the County Recorder and proof of the recordation shall be provided to the City. The agreement shall include summaries of water quality/hydromodification facilities and operations & maintenance.
i) The Maintenance Agreement shall identify public BMPs to be maintained by
ii)
maintain said BMP(s) the City is authorized to maintain or replace BMP(s) for continued compliance and shall be reimbursed by the assigned entity.
G. A copy of the Final Project-Specific WQMP shall be kept onsite at all times. The Permittee/Owner shall make the occupants, tenants, staff, employees, and contractors aware of this document and educate them on the contents.
131. The project shall demonstrate infiltration abilities by converting the percolation tests taken at locations of proposed infiltration/biofiltration BMPs. Proposed BMPs shall be per Management Plan and the most current order under the National Pollutant Discharge Elimination System (NPDES) Permit initiated under section 2 of the Federal Clean Water Act. The most current order shall be incorporated, as applicable. 132. The grading plan shall add a note to confirm the infiltration rates coincide with the rates used in the Water Quality Management Plan. If BMPs are to be placed in areas and/or depths different from the original infiltration testing, thereby posing potentially different infiltration rates from those originally obtained, new infiltration testing may be required, and BMP designs may be impacted.
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133. It is the responsibility of the Permittee/Owner to ensure all applicable BMPs are correctly utilized as referenced in the California Stormwater Quality Association (CASQA) BMP Fact Sheet, and all maintenance measures implemented.
134. Where applicable, provide 12 foot wide x 6 inch thick concrete paved access to storm drain facilities with 12 percent maximum grade. Turnarounds are required, but may be waived depending on overall accessibility and at the discretion of the Public Works Director.
135. The Permittee/Owner shall submit, for City review and approval, a mechanism ensuring ongoing long-term maintenance for the onsite post-construction Best Management Practices (BMPs).
Hydrology & Hydraulics
136. The Permittee/Owner shall provide a Hydrology & Hydraulics Reports prepared by a registered Civil Engineer in accordance with currently accepted design standards. 137. Ensure the Report addresses any proposed commingled flows from adjacent properties, unless procedures are incorporated to otherwise convey and properly dispose of the flows without commingling.
138. Alteration to the existing drainage pattern, including concentration or diversion of flows, are not allowed, unless the Permittee/Owner obtains permission and/or agreements from the affected property owner(s). This may involve, but is not limited to, obtaining notarized/recorded letters of permission and/or agreements, securing drainage easements and/or ponding easements, constructing adequate drainage improvements, and providing a maintenance mechanism for private drainage facilities. 139. The Permittee/Owner shall be responsible for mitigating impacts created by changes in drainage runoff course, water quality, hydro-modification, concentration, or quantity to the satisfaction of the City Engineer for both on-site and off-site drainage.
140. Accept and properly dispose of all offsite drainage currently flowing onto and/or through the site.
141. If possible, all drainage shall be conveyed onto public property. Cross lot drainage shall not be allowed. Where unavoidable, proper permissions, agreements, and easements shall be obtained by the Permittee/Owner.
142. The report shall show all existing and proposed onsite and/or offsite public and/or private drainage facilities intended to discharge the runoff. The study shall include a capacity analysis verifying the adequacy of the drainage facilities. Runoff from the development or partial phase of development of the property shall meet the following criteria:
A. Permittee/Owner shall be responsible for mitigating impacts created to changes in drainage runoff course or quantity, for both on-site and off-site drainage, to the satisfaction of the City Engineer.
B. Do not significantly exceed the existing natural discharge quantities.
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C. Street storm flows shall not exceed top of curb for the 10-year storm event.
D. Must contain storm flows within the street right-of-way for the 100-year event.
E. All inlets, outlets, pipes, channels, basins, etc. must be capable of conveying the 100-year storm.
F. Sump conditions shall be designed to convey the 100-year storm flows G. Secondary emergency escape path shall be provided.
H. If the project discharges/connects to an off-site detention basin, provide permission to drain/connect from the owner of basin or system. Off-site detention basins require a Declaration of Dedication. All detention measures shall have positive drainage with a minimum 48-hr draw-down time and be empty within 72 hours.
I. Standing water is not permitted.
J. Detention for projects that are 10 acres or greater shall analyze for the 1, 3, 6 and 24-hour duration for the 2, 5, and 10-year frequency storms. 143. When continuous simulation is prepared (see Water Quality Management Plan section), and acceptable, the continuous simulation may be used in-lieu of the 1, 3, 6 and 24-hour duration for the 2, 5, and 10-year frequency storms, if applicable.
Storm Water Pollution Prevention Plan (SWPPP)
144. The development shall comply with all applicable regulations established by the United States Environmental Protection Agency (USEPA) as set forth in the National Pollution Discharge Elimination System (NPDES) permit requirements for urban runoff and stormwater discharge and any regulations adopted by the City pursuant to the NPDES regulations and/or requirements. Furthermore, the Permittee/Owner may be required to file a Notice of Intent with the State Water Resources Control Board to obtain coverage under the NPDES General Permit for Storm Water Discharges Associated with Construction Activity and may be required to implement a SWPPP concurrent with the commencement of grading activities. SWPPPs shall include construction pollution prevention and pollution control measures. The applicant shall comply with all the provisions of the Clean Water Program during and after all phases of the development process, including but not limited to: mass grading, rough grading, construction of street and landscaping improvements, and construction of structures. 145. An adequate SWPPP shall be available to State and City Inspectors at the job site prior to commencing construction. The Permittee/Owner shall be responsible for implementation, monitoring, operation, and maintenance of the SWPPP until all construction is completed and improvements have been accepted by the City. 146. This document must minimize the disturbed area, label the total disturbed area, and identify equipment and material storage areas.
147. All grading activities shall minimize dust through compliance with AQMD Rule 403, which requires watering during earth moving operations. 148. All open or undeveloped land shall be maintained to prevent wind/water erosion of said Draft Conditions of Approval
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land. All disturbed undeveloped land shall be planted with interim landscaping or stabilized with other erosion control measures.
149. The Permittee/Owner shall design and install the irrigation system so runoff does not discharge into the street or storm drain system.
150.
occur as necessary for compliance with the Santa Margarita Region MS4 Permit. 151. A copy of the Notice of Intent (NOI) and Waste Discharge Identification (WDID) number from the State Water Resources Control Board shall be identified on the SWPPP. 152. A Notice of Termination (NOT) can then be filed with the State Water Resources Control that may occur as necessary for compliance with the Santa Margarita Region MS4 Permit. This document must minimize the disturbed area, label the maximum disturbed area, and identify equipment and material storage areas. 153. Erosion and sediment control details shall be submitted on the grading plans to the City's Engineering Division for review and approval. The details shall conform to City standards, codes and ordinances, and the current State Water Resources Control Board (SWRCB) General Construction Permit (GCP), as applicable. The details shall include landscaping and irrigation systems on exposed slopes to achieve the General Construction Permit required coverage criteria, and for acceptance by the City's Engineering Department.
Final Map
154. The Permittee/Owner shall submit a Final Map prepared in accordance to the City of Murrieta Development Code and California Subdivision Map Act. The final map shall be prepared by a licensed land surveyor or qualified registered civil engineer. 155. identify required
improvements prior to city-specified benchmarks (e.g., any permit issuance), in accordance with the Subdivision Map Act 66411.1. The following improvements notes shall be added on the Final Map:
A. All public improvements, as identified per the conditions of approval and/or approved per the improvement plans, shall be completed, and accepted/as-built, prior to the first certificate of occupancy.
156.
the effect that the property owner is responsible for the maintenance of the parkway lighting, landscaping and irrigation, and any applicable water quality treatment facilities/devices.
157. On-site public drainage facilities located outside of public right-of-way shall be contained within public drainage easements as determined to be necessary. A note shall be added drainage easements shall be kept free of buildings and
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158. Prior to approval of the Final Map, the Permittee/Owner shall submit an application and pay a fee for the city administrator to reapportion any existing assessment district liens.
The fee proposal from Willdan Financial Services includes a base amount and per parcel charge so the total amount will vary depending on the number of parcels. 159. Easements, when required for roadway, slopes, landscaping, drainage facilities, utilities, etc., for either onsite or offsite, shall be shown on the Final Map. The Permittee/Owner shall incur all costs associated with the formation of a suitable maintenance district or other mechanism to maintain all associated roadway, slope, landscape, and drainage easements, including access.
160. All offers of dedication and conveyances shall be submitted for review and approval and recorded as directed by the Engineering Department.
161. All easements and/or right-of-way dedications shall be offered on the Final Map to the City, or other appropriate agency, and shall continue in force until the City, or other agency, accepts or abandons/rejects such offer(s). All dedications shall be free from all encumbrances as approved by the Engineering Department. 162.
excepting those areas as shown on the approved tentative map. 163. Any proposed vacation(s) and/or abandonment(s) of existing right of way or public easements shall be shown on the Final Map, or per separate document(s) as approved by the City Engineer. Vacations and/or abandonments may be required to be approved prior to issuance of a grading permit.
164. Proof of payment of any, and all, delinquent property taxes shall be provided prior to recordation of the Final Map.
165. Provide an electronic copy of the Final Map in a PDF format and AutoCAD format, to the
PRIOR TO ISSUANCE OF BUILDING PERMITS
166.
approved/signed grading and/or improvement plans and grade/construct per said plans, as approved by the City Engineer.
167. The Permittee/Owner shall provide a copy of the recorded map and/or agreements to the Building Division and Engineering Department. Electronic and hard copies may be required, at the discretion of the City Engineer.
168. All easements, agreements of improvements, and dedications for required rights-of-way shall be approved by the Engineering Department.
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169. Grading plans, with building pad location and elevation information, shall be approved, to the satisfaction of the City Engineer.
170. The building pad shall be certified by a registered Civil Engineer for location and elevation. Additionally, the Soils Engineer shall issue a Final Soils Report addressing compaction and site conditions.
171. The Permittee/Owner shall pay to the City all applicable Development Impact Fees as required by, and in accordance with, City Ordinance 196-98, Resolution No. 08-2107 and Resolution No. 16-3602, or most recently adopted DIF Resolution. 172. The Permittee/Owner shall pay to the City the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) based on the applicable rates at time of permit.
DURING CONSTRUCTION
173. The Permittee/Owner shall coordinate with the
approved/signed grading and/or improvement plans and grade/construct per said plans, as approved by the City Engineer.
174. Permittee/Owner shall construct all public improvements, per the approved and bonded improvement plans, as approved by the City Engineer.
a.
b. Changes other than minor shall be submitted to the engineering department as a construction change submittal for review by engineering and approval by the City Engineer.
175. The Permittee/Owner shall construct all onsite grading improvements, per the approved and bonded grading plans, as approved by the City Engineer. a. Construction Manager.
b. Changes other than minor shall be submitted to the engineering department as a construction change submittal for review by engineering and approval by the City Engineer.
176. If applicable, a qualified biologist shall delineate jurisdictional areas that are not to be disturbed. Barrier fencing shall be installed, as approved, delineating the areas of avoidance. Once construction is completed, the same qualified biologist shall certify that no jurisdictional area was disturbed or damaged.
177. Construction fencing shall be placed so as not to interfere with sight distance and comply with City Std. No. 214.
178. If dirt or construction debris is to be transported into, or off, the site, a haul permit will be required as part of the grading permit process. Both import and export locations must be permitted sites. If so, submit a proposed haul route plan and comply with all conditions and requirements the City Engineer may impose to the hauling operation.
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179. The exact depth of street structural section and subgrade requirement shall be based on subgrade "R" value tests in the field and the appropriate Traffic Index for the type of street, as determined by the Geotechnical Engineer and the City Standards, whichever is greater.
180. If any water wells are found onsite, they shall be protected in place or abandoned, as approved by the State Department of Water Resources and Riverside County Health Department. Confirmation of abandonment approval shall be provided to the City. 181. The Permittee/owner shall confirm the infiltration rates coincide with the rates used in the Water Quality Management Plan. If BMPs are to be placed in areas and/or depths different from the original infiltration testing, thereby posing potentially different infiltration rates from those originally obtained, new infiltration testing may be required and BMP designs may be impacted.
182. The Permittee/Owner shall construct all sewer and water improvements necessary to serve this project. Private sewer force mains are not allowed in the public right-of-way unless otherwise approved by the City Engineer.
183. The Permittee/Owner shall install all existing and proposed utility systems underground, including electric lines 32kv and lower (as applicable), telephone, and cable TV, in accordance with City Codes, the utility provider, and as approved by the City Engineer.
All applicable appurtenances shall also be installed. Easements shall also be provided as required.
184. Above ground Edison transformers shall be installed behind the right-of-way line, as approved.
185. Obtain clearance from the dry utility companies and gas company. a. Permittee/Owner shall install all dry, wet, and gas utilities prior to the placement of final cap or lift of asphalt pavement to avoid new street improvements from being marred by saw cuts, potholes, equipment, etc.
186. The building pad shall be certified by a registered Civil Engineer for location and elevation. Additionally, the Soils Engineer shall issue a Final Soils Report addressing compaction and site conditions.
a. Building pad certification shall be obtained prior to building footing inspection. b. Building pad certification shall be obtained prior to building foundation cement pour.
187. The approved Storm Water Pollution Plan (SWPPP) shall be available onsite at all times from the Notice to Proceed until the issuance Notice of Termination. Moreover, the Permittee/Owner shall be responsible for implementation, monitoring, operation and maintenance of the SWPPP until all construction is completed and improvements have been accepted by the City.
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188. The Permittee/Owner shall provide a construction area Traffic Control Plan, if required by the Traffic Engineer. The plan shall be prepared by a registered Civil Engineer in accordance with City standards and approved by the Engineering Department. The Traffic Control Plan shall address roadway widening / street closures / median improvement, detour or other disruption to traffic circulation as required by the Engineering Department.
189. Traffic signal improvements shall be installed/constructed to coincide with the street improvements as approved by the City Engineer.
190. Permittee/Owner shall provide proof of dedication of easement to the City for access and maintenance of any traffic equipment.
191. The Permittee/Owner shall reconstruct existing handicap access ramps within the public right-of-way, and adjacent to the project, to current ADA requirements, as approved by the City Engineer.
192. All existing street monuments within or abutting this project site shall be preserved. If such monuments are damaged or destroyed, the Permittee/Owner shall retain a licensed land surveyor or a qualified registered civil engineer to reset those monuments per City Standards 617a, 617b, 617c, and file the necessary information with the County 8771. If damaged, existing monuments that are no longer relevant do not have to be replaced, subject to approval by the City Engineer.
193. For reconstructed existing street(s) and/or intersection(s), street centerline monuments shall be set per City Std. 617a, 617b, and 617c, and elevations provided, unless specified otherwise by the City Engineer, or assignees.
A. Set street centerline monumentation for the following street(s) and/or following intersection(s):
i) Murrieta Hot Springs Rd & Monroe Ave.
194. Centerline tie notes may be provided, when applicable as noted on City Std. 616, on 8.5 x 11 mylar sheets (identify locations if possible). Prior to installation, each location where tie notes may apply shall be reviewed and approved by the City Engineer, or assignees, to determine monument type to be used.
PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY
195. Prior to the issuance of the first (1st) certificate of occupancy, all public improvements, per the approved public improvement plan(s), shall be constructed, completed, and accepted/as-built, to the satisfaction of the City Engineer.
196. Prior to, but not necessarily the last, issuance of all certificates of occupancy, final grading of the subject property shall be constructed, completed, and accepted/as-built, to the satisfaction of the City Engineer.
Draft Conditions of Approval
Case No. TTM 38622 (TTM-2022-2706)
August 20, 2024
197. All sewer and water improvements shall be constructed, completed, and accepted in accordance with the Sewer and Water District standards.
198. All existing and proposed dry, wet, and gas utility lines have been undergrounded and/or relocated, and/or easements provided, as necessary.
199. Final Map shall have been recorded, accepted by County, and a copy provided to the City Engineer, in the format requested.
200. If applicable, provide elevations for set Street Centerline Monuments. If approved, provide centerline tie notes per City Std. 616 on 8.5 x 11 mylar sheets for all monuments set.
201. -specific
WQMP have been constructed and installed in conformance with the approved plans in the approved Final project-specific WQMP.
202. The Permittee/Owner shall prepare and provide an as-built project specific Final WQMP (updated to include any changes made during construction) and demonstrate that an adequate number of copies are available for the future owners / occupants. a. One (1) electronic format shall also be provided to the Department of Engineering, and/or a hard copy as requested.
203. The Permittee/Owner shall demonstrate that the irrigation controller and heads are set so irrigation runoff does not enter the street or storm drain systems. 204. The Permittee/Owner shall disclose to any other property owner(s) they are responsible for the maintenance of the parkway landscaping. And any other work within the public right-of-way will require an encroachment permit from the Engineering Department.
205. The Permittee/Owner shall provide one set of Mylars, scanned copy, and electronic copy - The electronic copy shall
2. Coordinate
system shall be NAD 1983 State plane California Zone V1 FIPS 0406 Feet.
a. The Permittee/Owner shall provide electronic copies (e.g., thumb drive) of the approved WQMP, Hydrology/Hydraulic Report, Final Geotechnical Report, and any other applicable document(s). Said Electronic copies shall be in a Word.doc, PDF format, and/or other acceptable Microsoft format.
b. -
dry, wet, and gas utilities.
206. Obtain written clearance, as deemed necessary by the Engineering Department, from the following agencies:
A. Planning Division
Draft Conditions of Approval
Case No. TTM 38622 (TTM-2022-2706)
August 20, 2024
B. Engineering Department
C. Building Division
D. Fire Department
E. Landscape (Planning)
F. Community Services Department
G. Sewer and Water District(s)
H. Utility Companies
I. Southern California Edison Company
FIRE DEPARTMENT
General:
207. The project shall comply with all requirements set forth by the California Code of Regulations Title 24 Parts 1-12 respectively.
208. The adopted edition of the California Code of Regulations, Title 24, Parts 1 through 12, and the Murrieta Municipal Code shall apply at the time the architectural plans are submitted for construction permits.
209. Prior to the issuance of any grading permit, the applicant shall provide evidence of sufficient fire flow of 3,000 GPM for 3 hours to the City of Murrieta Fire & Rescue.
Murrieta Fire & Rescue Water Available/Fire Flow Form shall be utilized. The fire flow report shall be completed within 6 months of the time of submittal.
210. Prior to the issuance of any grading permit, the applicant shall provide a fire department access plan to the City of Murrieta Fire & Rescue for review and approval. The fire department access plan shall comply with the requirements specified by Murrieta Municipal Code, California Fire Code (CFC), Chapter 5 and Appendix D.
a. Add a note to the fire access plans that all planter areas adjacent to any fire lane that the planting of trees and landscape shall not encroach into the fire lane and -
b. Add a note on the plans that all required fire hydrants shall be readily visible and immediately accessible. A clear space of not less than 5-feet shall be maintained at all times. Fire Hydrants shall be centered in a 4-foot x 4-foot concrete pad.
211. Prior to the issuance of any grading permit, the applicant shall submit water improvement plans to the City of Murrieta Fire & Rescue for review and approval. The Developer shall furnish Murrieta Fire & Rescue with three (3) copies of the water improvement plans designed by a Registered Engineer and/or Licensed Contractor. On- site private fire service mains shall have a minimum of eight (8) inch water mains with six (6) inch laterals and risers. Larger pipes may be required to meet required fire flow Draft Conditions of Approval
Case No. TTM 38622 (TTM-2022-2706)
August 20, 2024
- 2 ½ ports and must be an
approved fire hydrant type. The private fire hydrant system must be approved, installed, tested, and accepted, prior to combustible construction.
212. Prior to the issuance of any building permit, the applicant shall install all required fire hydrants and water supplies with the following specific items:
a. The fire hydrants shall be operational prior lumber drop and building construction.
All fire hydrants shall remain operational during construction.
b. All required fire hydrants shall be readily visible and immediately accessible and adjacent to the approved fire access road. A clear space of not less than 5 feet shall be maintained. Fire Hydrants shall be centered in a 4-foot x 4-foot concrete pad.
c. Fire hydrants shall be installed at intersections, at the beginning radius of cul-de- sacs, and every 300 feet of fire access roadways, regardless of parcel size. The size of fire hydrant outlets shall be a minimum of one 4 inch and two 2-½ inch NST outlet as required by the Fire Code official.
d. A minimum of two points of connection to public water shall be provided for the private fire-line water.
e. The private underground fire-line system shall be a looped design.
f. The private underground fire-line system shall have indicating sectional valves for every five (5) appurtenances.
g. The Fire Department Connection (FDC) shall be located within 50 feet of a public fire hydrant. The fire hydrant shall be on the same side of the street as the FDC.
A vehicle access roadway/approach shall not be placed between the FDC and fire hydrant. A private hydrant may be used to support the FDC provided that an aboveground check valve is installed in a manner that prevents water from the FDC circulating back to the fire hydrant.
213. Prior to the issuance of any building permit, the applicant shall submit fire sprinkler system plans per NFPA13 for review and approval by the City of Murrieta Fire & Rescue.
214. Prior to lumber drop and construction, the general contractor shall install and post a temporary address sign which is clearly visible from the street.
215. Prior to certificate of occupancy, a permanent building address shall be provided and either internally or externally lit during hours of darkness (Mt Palomar lighting requirements apply). The address shall be clearly visible from the street fronting the
The background and numbers shall be highly contrasting.
216. Prior to building final, the building shall be provided with a Knox Lock key box located no more than 6-feet above the finished surfaced and near the main entrance door.
Draft Conditions of Approval
Case No. TTM 38622 (TTM-2022-2706)
August 20, 2024
217. For all buildings greater than 10,000 square feet, prior to the issuance of a Certificate of Occupancy each building shall be provided with an emergency radio communication enhancement system that complies with CFC § 510 and MMC § 15.24.200. Plans for the emergency radio communication enhancement system shall be submitted to Murrieta Fire & Rescue for review and approval prior to installation. The system shall be installed and inspected by the Murrieta Fire & Rescue before the Certificate of Occupancy is issued. The requirement can be waived by the Fire Marshal if the building is evaluated by an Emergency Radio Communication Specialist licensed by the FCC, who certifies the building meets the emergency communications capability as specified by the CFC § 510 and MMC § 15.24.200. The certification shall be in the form of a written report which outlines the analysis used in determining the building meets the emergency communications without an enhancement system.
218. Murrieta Fire & Rescue approval shall be obtained prior to the storage and/or use of hazardous materials as defined by the CFC.
219. Murrieta Fire & Rescue approval shall be obtained prior to any high pile storage (HPS) as defined by the CFC.
220. A lighted directory map, meeting current fire department standards, shall be installed at the driveway entrance.
COMMUNITY SERVICE DEPARTMENT
221. Prior to approval of street improvement plans, the permittee shall prepare landscape plans for any Murrieta Community Service Department (MCSD) maintained areas.
222. Street improvements trigger the developer to install and modify the existing raised landscape medians along Murrieta Hot Springs Road. All landscaping within the raised median shall be
Specifications Book. The Standards and Specifications Book can be found online at http://www.murrietaca.gov/DocumentCenter/View/1259/Community-Services- Department-Standards-and-Specifications-Book-PDF?bidId. Median landscape plans shall be included with the street improvement plans and reviewed by Public Works /MCSD. Please contact the Parks and Recreation Department at 951-461-6124 to set up an appointment for landscape plan review.
223. The applicant shall have in place an Association and/or Property Management to maintain all common areas, irrigation and landscape along the roadways as shown on plan. There appears that no areas will be maintained by the City of Murrieta, Community Services District.
224. The applicant shall contact the Murrieta Community Services Department (MCSD) prior to any construction in the existing landscape public right of way area maintained by the MCSD.
Draft Conditions of Approval
Case No. TTM 38622 (TTM-2022-2706)
August 20, 2024
WATER DISTRICT
225. The Permittee/Owner shall meet all requirements established by the Eastern Municipal Water District. Prior to issuance of building permits, the permittee shall meet with the Eastern Municipal Water District to develop a plan of service, which shall detail water, wastewater and recycled water requirements to serve the project.
END CONDITIONS
01375.0031/1004613.4
EXHIBIT C
Addendum to the Supplemental Environmental
Impact Report Prepared for
The Triangle Specific Plan (SP0-007-2452)
SCH Number: 2008061104
Addendum to the
Subsequent Environmental Impact Report
Prepared for
The Triangle Specific Plan (SP0-007-2452)
SCH Number: 2008061104
Prepared to Evaluate:
The Shops at the Triangle
Planning Applications:
Specific Plan Amendment (SP) 2023-00003
Development Plan (DP)2022-2705
Tentative Tract Map (TTM) 2022-2706
Development Agreement 2023-00003
Prepared for Tres Estrellas, LLC
618 West Baseline Road
Claremont, California 91711
Prepared by Psomas
5 Hutton Centre Drive, Suite 300
Santa Ana, California 92707
August 2024
Addendum to the Subsequent Environmental Impact Report
Prepared for The Triangle Specific Plan
S:\3CLA100100 - Triangle Retail\Consistency Evaluation\20240815_Fourth-Submittal\Triangle-SP_Addendum-081524.docx i Table of Contents
TABLE OF CONTENTS
Section Page
Section 1.0 Purpose and Background ................................ ................................ ........................ 1-1
1.1 Purpose ............................................................................................................... 1-1
1.2 Background ......................................................................................................... 1-1
1.2.1 Certified Final Environmental Impact Report ......................................... 1-1 Section 2.0 Project Setting ................................ ................................ ................................ ....... 2-1
2.1 Regulatory Setting ............................................................................................... 2-1 Section 3.0 Project Description................................ ................................ ................................ . 3-1 Section 4.0 Evaluation Pursuant to Section 21166 ................................ ................................ ..... 4-1
4.1 Aesthetics ............................................................................................................ 4-1
4.2 Agricultural and Forestry Resources ................................................................... 4-5
4.3 Air Quality ........................................................................................................... 4-6
4.4 Biological Resources .......................................................................................... 4-14
4.5 Cultural Resources ............................................................................................ 4-21
4.6 Energy ............................................................................................................... 4-22
4.7 Geology and Soils .............................................................................................. 4-23
4.8 Greenhouse Gas Emissions ............................................................................... 4-27
4.9 Hazards and Hazardous Materials .................................................................... 4-29
4.10 Hydrology and Water Quality ........................................................................... 4-33
4.11 Land Use and Planning ...................................................................................... 4-37
4.12 Mineral Resources ............................................................................................ 4-38
4.13 Noise ................................................................................................................. 4-40
4.14 Population and Housing .................................................................................... 4-42
4.15 Public Services .................................................................................................. 4-44
4.16 Recreation ......................................................................................................... 4-47
4.17 Transportation ................................................................................................... 4-48
4.18 Tribal Cultural Resources .................................................................................. 4-52 Addendum to the Subsequent Environmental Impact Report
Prepared for The Triangle Specific Plan
S:\3CLA100100 - Triangle Retail\Consistency Evaluation\20240815_Fourth-Submittal\Triangle-SP_Addendum-081524.docx ii Table of Contents
4.19 Utilities and Service Systems ............................................................................ 4-55
4.20 Wildfire ............................................................................................................. 4-59 Section 5.0 Conclusions ................................ ................................ ................................ ........... 5-1 Section 6.0 References ................................ ................................ ................................ ............. 6-1
Addendum to the Subsequent Environmental Impact Report
Prepared for The Triangle Specific Plan
S:\3CLA100100 - Triangle Retail\Consistency Evaluation\20240815_Fourth-Submittal\Triangle-SP_Addendum-081524.docx iii Table of Contents TABLES
Table Page
1 Statistical Land Use Summary for the Triangle Specific Plan ........................................................ 1-2
APPENDICES
Appendix
A Site Plan
B Mitigation Monitoring and Reporting Program (MMRP)
C Biological Site Reconnaissance Memorandum – Hernandez Environmental Services (January 2023) D Climate Action Plan Consistency Checklist
E Focused Traffic Analysis – Rick Engineering Company (June 2023) F Updated Trip Generation Evaluation – Claremont Law Group, Inc. (July 2024) G Transportation Demand Management Memorandum – RK Engineering Group, Inc. (July 2024)
Addendum to the Subsequent Environmental Impact Report
Prepared for The Triangle Specific Plan
S:\3CLA100100 - Triangle Retail\Consistency Evaluation\20240815_Fourth-Submittal\Triangle-SP_Addendum-081524.docx 1-1 Purpose and Background SECTION 1.0 PURPOSE AND BACKGROUND
1.1 PURPOSE
The overall Triangle Specific Plan was analyzed in a Subsequent Environmental Impact Report (SEIR) (State Clearinghouse [SCH] No. 2008061104). The SEIR was circulated in February 2013 and was certified by the City of Murrieta in October 2013 (City of Murrieta 2013a and 2013b).
The purpose of this evaluation is to assess, in light of the requirements of Public Resources Code (PRC) Section 21166, the consistency of The Shops at the Triangle Project (the Project or the current Project ) with the SEIR prepared in compliance with the California Environmental Quality Act (CEQA).
1.2 BACKGROUND
This Addendum incorporates information from the SEIR to demonstrate that none of the events specified in PRC Section 21166 requiring subsequent environmental documentation have occurred. The following information provides context to the current Project.
1.2.1 CERTIFIED SUBSEQUENT ENVIRONMENTAL IMPACT REPORT
Project Location and Setting
The Triangle Specific Plan Project site is an approximate 64-acre, triangular-shaped property located in the City of Murrieta. The Project site is bordered by Murrieta Hot Springs Road to the north, Interstate (I) 15 to the southwest, and I-215 to the east. Regional access to the Project site is provided by I-15 and I-215.
The topography on the Project site slopes from north to the south. Elevations on the Project site range from approximately 1,112 feet above mean sea level (AMSL) near the northeastern corner to approximately 1,152 feet above AMSL near the northwestern corner. The Project site consists of vacant lands that have been previously graded. The Project site is regularly disturbed by weed abatement activities. A cleared dirt and gravel lot is located in the northwestern portion of the Project site. Gravel trails cross the Project site and several lined basins with lined spillways are scattered throughout. T here are no permanent structures on the Project site; however, there are some temporary structures including for a seasonal strawberry stand and a Christmas tree lot /pumpkin patch, and two billboards that are located along the Project site’s perimeter.
Vegetation within the Project site include s disturbed/developed areas, ruderal areas, and disturbed buckwheat scrub habitat (Hernandez Environmental Services 2023).
The Project site contains a small, unnamed tributary to Murrieta Creek that conveys runoff from I -215 across the southern corner of the Project site. The drainage enters the Project site along the southeastern boundary and meanders through the southern portion of the Project site for approximately 524 feet until it exits at the southern boundary of the Project site. The drainage continues off-site for approximately 70 feet before it flows into a culvert and continues under the I -15 Freeway and outlet s 0.12 mile north of Addendum to the Subsequent Environmental Impact Report
Prepared for The Triangle Specific Plan
S:\3CLA100100 - Triangle Retail\Consistency Evaluation\20240815_Fourth-Submittal\Triangle-SP_Addendum-081524.docx 1-2 Purpose and Background Monroe Avenue and continues for approximately 1 mile via storm drains until it connects to Murrieta Creek, which ultimately drains into the Santa Margarita River.
Land uses surrounding the Project site are primarily commercial, but also include office, light industrial, institutional, and residential. The Rancho Springs Medical Center is located north of the Project site along with several medical office buildings. Larger, big box retail stores are located east and west of the Project site along Murrieta Hot Springs Road, and limited residential development exists beyond that. West of I - 15 and south of the WalMart center along Murrieta Hot Springs Road, development c onsists of a mix of rural residential and light industrial uses.
The Project site drains to Murrieta Creek and ultimately to the Santa Margarita River. Storm water from an approximate 38-acre off-site area enter the Project site from the east via three culverts that cross under I- 215 and discharge via one culvert inlet onto the northeast corner of the Project site.
Project Description for the Overall Triangle Specific Plan The overall Triangle Specific Plan consists of approximately 64.3 acres of mixed -use development that feature an open-air retail commercial district. Approved uses include retail uses in one or more shopping areas that blend restaurants, a mix of small and large retail stores, entertainment uses, and possibly offices located above retail uses; mid- and high-rise professional office space, served by parking structures; and hospitality uses that may include hotel rooms, conference and meeting space, dining, and its own recreational amenities. The intensity of development approved for The Triangle Specific Plan is regulated by the maximum gross building area for the sit e, building heights, property setbacks and parking requirements. Table 1 provides a summary of the maximum gross building area for approved land uses.
TABLE 1
STATISTICAL LAND USE SUMMARY FOR THE TRIANGLE SPECIFIC PLAN Land Use
Phase 1A
(gsf) Phase 1B (gsf) Phase 1C (gsf)
Phase 2
(gsf)
Phase 3
(gsf)
Buildout
(gsf)
Restaurant 49,392 25,730 – – 50,136 125,258
Commercial/
Retail
– 184,486 155,228 99,060 202,140 640,914
Theater – 74,660 – – – 74,660
Hotel (220 rooms) – – – 148,000 – 148,000
Officea – 48,000 – 482,000 249,082 779,082
Total Maximum Gross
Building Areab 49,392 322,876 155,228 729,060 501,358 1,767,914 gsf: gross square feet
Addendum to the Subsequent Environmental Impact Report
Prepared for The Triangle Specific Plan
S:\3CLA100100 - Triangle Retail\Consistency Evaluation\20240815_Fourth-Submittal\Triangle-SP_Addendum-081524.docx 1-3 Purpose and Background Land Use
Phase 1A
(gsf) Phase 1B (gsf) Phase 1C (gsf)
Phase 2
(gsf)
Phase 3
(gsf)
Buildout
(gsf)
a The office building use may include approximately 80,000 gsf of office space that may be located above retail. b The individual building use gross building areas are approximate only and subject to change. In no case will the total maximum gross building area for the Project exceed 1,767,914 gsf.
Source: City of Murrieta 2013a and 2013b.
The Triangle Specific Plan was anticipated to be developed in phases based on market demand. Utility infrastructure for the overall Triangle Specific Plan was planned to be developed during Phase 1a. The SEIR assumed that the Specific Plan land uses would be built out over approximately 7 years . Phase 1a was anticipated to be completed in 2014, Phases 1b and 1c were expected to be completed by 2015, Phase 2 by 2019, and Phase 3 by 2021. This Addendum includes discussion where applicable regarding the Project’s delayed implementation and how this might affect the environmental analysis and conclusions previously made by the City in the SEIR.
The Property Owner/Developer is concurrently processing an amendment to the Specific Plan (Planning Case No. SP-2023-00003) to update the Specific Plan and to modify the Conditions of Approval applicable to the Project site to (a) authorize drive through food uses, (b) to modify setbacks, landscape requirements, and similar site related conditions and standards to improve site conditions, enhance public spaces and allow greater flexibility in development to facilitate the synergy of best in class regional tenants, and (c) to update, clarify, modernize, enhance and increase the availability of signage and to add electronic signage to increase the visibility of the Project.
Addendum to the Subsequent Environmental Impact Report
Prepared for The Triangle Specific Plan
S:\3CLA100100 - Triangle Retail\Consistency Evaluation\20240815_Fourth-Submittal\Triangle-SP_Addendum-081524.docx 2-1 Project Setting SECTION 2.0 PROJECT SETTING
2.1 REGULATORY SETTING
The consistency evaluation in this Addendum is prepared in accordance with the requirements contained in Section 21166 of the Public Resources Code . Th is Addendum contains an evaluation compares the current Project with the analysis and conclusions contained within the SEIR for the Triangle Specific Plan.
Section 21166 of the Public Resources Code states:
“When an environmental impact report has been prepared for a project pursuant to this division, no subsequent or supplemental environmental impact report shall be required by the lead agency or by any responsible agency, unless one or more of the following events occurs”:
1. Substantial changes are proposed in the project which will require major revisions of the environmental impact report.
2. Substantial changes occur with respect to the circumstances under which the project is being undertaken which will require major revisions in the environmental impact report.
3. New information, which was not known and could not have been known at the time the environmental impact report was certified as complete, becomes available.
If any of these three conditions apply, then subsequent environmental documentation would be required. The State CEQA Guidelines, specifically, Section 15162, provides more detail on how to assess the applicability of these standards. These parameters, summarized as follows, have been applied in the consistency evaluation that is provided in Section 4 of this Addendum. (a) Substantial changes are proposed in the project which will require major revisions of the EIR.
The following four conditions must be found to exist for a finding that the first part of the test applies:
The change in the project is substantial;
The change involves new significant environmental impacts or a substantial increase in the severity of previously identified significant environmental impacts; The change will require major revisions to the previous EIR based on the new or more severe significant environmental impacts; and
The new or more severe impacts were not considered in the previous EIR (b) Substantial changes occur with respect to the circumstances under which the project is being undertaken which will require major revisions in the EIR.
Four conditions must be found to exist for a finding that the second part of the test applies:
Addendum to the Subsequent Environmental Impact Report
Prepared for The Triangle Specific Plan
S:\3CLA100100 - Triangle Retail\Consistency Evaluation\20240815_Fourth-Submittal\Triangle-SP_Addendum-081524.docx 2-2 Project Setting The change in circumstances is substantial;
The change involves new significant environmental impacts or a substantial increase in the severity of previously identified significant environmental impacts; The change will require major revisions to the previous EIR based on the new or more severe significant environmental impacts; and
The new or more severe impacts were not considered in the previous EIR (c) New information of substantial importa nce, which was not known and could not have been known at the time the EIR was certified, becomes available.
New information must show one of the following for the third part of the test to apply:
The project will have significant effects not evaluated in the prior EIR; Significant effects previously examined will be substantially more severe than shown in the prior EIR;
Mitigation measures or alternatives previously found infeasible are in fact feasible and would substantially reduce significant effects of the project, but the project proponent declines to adopt the mitigation measure or alternative; or Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce significant effects of the project, but the project proponent declines to adopt the mitigation measure or alternative.
Addendum to the Subsequent Environmental Impact Report
Prepared for The Triangle Specific Plan
S:\3CLA100100 - Triangle Retail\Consistency Evaluation\20240815_Fourth-Submittal\Triangle-SP_Addendum-081524.docx 3-1 Project Description SECTION 3.0 PROJECT DESCRIPTION
Summary
The Property Owner/Developer is requesting a Specific Plan Amendment (SPA) be approved by the City, which is necessary to better reflect the current site plan proposal, current market trends, and to provide more flexibility in implementing the Specific Plan without requiring the overhaul of the entire Specific Plan document.
The current Project, The Shops at the Triangle, consists of approximately 279,500 square feet of retail development. The development would be built on the northern portion of the triangular Project site on approximately 36.46 acres that generally front Murrieta Hot Springs Road.
Changes to the Specific Plan
Changes to the allowed uses in “Use Table 2-1”
▪ Allow drive through restaurant/fast food uses with limitations. o Planning Area 3 – Must be 200 feet back from Murrieta Hot Springs Road ▪ Adds “Vehicle Rental” as an allowed use, as an office only. ▪ Adds “Golf Driving Ranges (with or without restaurants) subject to a Minor CUP ▪ Changes “Outdoor Recreation, Commercial” from a CUP to a Minor CUP . ▪ Adds Hospitals, subject to a CUP
▪ Adds Extended Care Facilities (less than 30 day stay), subject to a Minor CUP . ▪ Modifies criteria for “Warehouse Retail Stores” to state “greater than 70,000 sf” and subject to a Minor CUP
▪ Amend “Veterinary Clinics, Animal Hospitals, Kennels and Boarding Facilities” from a permitted use to a Minor CUP and to remove the restriction that the facility be within a retail business and cannot exceed 40% of the business floor space.
Changes to Development Standards
▪ Change the 60-foot landscape setback along Murrieta Hot Springs Road to 15 feet for parking areas and 25 feet for buildings, with allowances for certain exceptions (For reference, See Exhibit 2 -28 through 2-31 and Section 2.5.3-Office, Section 2.5.4-Retail & Restaurant, and Section 2.5.5-Hotel) (Section 2).
▪ Reduce various building and landscape setback requirements within the interior of the specific plan area (Section 2).
▪ Modify various setback standards as a result of changing the setbacks from the landscape setback to a more conventional method of applying setbacks from property lines (Section 2).
Addendum to the Subsequent Environmental Impact Report
Prepared for The Triangle Specific Plan
S:\3CLA100100 - Triangle Retail\Consistency Evaluation\20240815_Fourth-Submittal\Triangle-SP_Addendum-081524.docx 3-2 Project Description ▪ Reduce parking garage setbacks from Murrieta Hot Springs Road from 100 feet to 25 feet when less than two stories (Section 2).
▪ Include provisions for the replacement of the two existing billboards for two electronic billboards (Section 4).
▪ Increasing the allowances for additional freeway and pylon signs, increased heights, larger sign area, and larger area for on-site digital signage (Section 4). ▪ Authorize the Development Services Director to consider reductions to various setbacks within the specific plan, either through a set 25% reduction, or through specified changes identified as Minor Exceptions (Section 4).
Tentative Tract Map 38622
A second component of the project is Tentative Tract Map 38622 which covers the entire 64.3-acre specific plan area. The map proposes to create 23 lots/parcels. There are five (5) lettered lots shown on the map which are required in order to dedicate spe cified areas along Murrieta Hot Springs Road to provide appropriate road right-of-way to meet city standard 102A, which is a 150 foot wide road width. Additional width is also necessary in areas where a deceleration lane is designed. The map includes a re quest for a vacation of a previously dedicated road, Rogers Dale Avenue. An access easement is shown providing appropriate legal and emergency/public access to all lots within the subdivision.
Development Plan 2022-2075
The project proposes approximately 279,500 square feet of retail development on 36.46 acres to begin development in this initial phase, accounting for approximately 25 buildings with twelve (12) of the buildings being pad buildings (a building or two buildings typically located in a separated area away from the primary shopping center buildings (in-line) surrounded by parking, drive aisles, landscaping) and the remaining considered to be in-line buildings (buildings typically aligned directly adjacent to each other, in many cases appearing as a single building). Eight of the twelve (12) pad buildings are located along Murrieta Hot Springs Road and the most easterly building proposed as a fast -food drive through. The development is focused on the northerly portion of the site in this initial phase as future phases would occur on the southerly portion. Specifically, there is 197,191 square feet of retail uses and 82,347 square feet of food/restaurant uses with 11,100 square feet of outdoor dining area. There are two primary access points into the center, one across from future Monroe Avenue (current Sparkman Court) and the other is across from existing Hancock Avenue, both of which will be signalized. Additional access will be provided in between the two pri mary access drives and will be limited to right -in and right -out vehicle turning movements. A total of 1,675 parking spaces are provided, which is more than would be required for this amount of retail development utilizing City standards in the Development Code.
Infrastructure improvements would consist of widening of Murrieta Hot Springs Road primarily to accommodate deceleration lanes into the project site and the installation of traffic signals at Hancock and Monroe Avenue. A sewer line will be extended from t he north side of Monroe through the project site, under I-15 and connect to an existing line on the west side of I -15. Monroe Avenue on the north side of Addendum to the Subsequent Environmental Impact Report
Prepared for The Triangle Specific Plan
S:\3CLA100100 - Triangle Retail\Consistency Evaluation\20240815_Fourth-Submittal\Triangle-SP_Addendum-081524.docx 3-3 Project Description Murrieta Hot Springs Road will also be realigned and widened to be more perpendicular to Murrieta Hot Springs Road and to accommodate proper lane configuration from the south side.
The proposed Development Plan anticipates being constructed in phases. All infrastructure (roads, signals, water/sewer, utilities) would be constructed prior to occupancy of any buildings within the first phase.
Development Agreement
The current Project includes the approval of a Development Agreement for the Project that includes specific details on the payment of development impact fees, payment for off-site improvements, and on the removal and replacement of billboards in the Project Site. The Project Site currently includes two double sided static billboards. The Development Agreement would allow the Property Owner/Developer to apply for a billboard relocation agreement pursuant to Title 16 of the Murrieta Municipal Code which, if approved, would memorialize the terms and conditions upon which Developer would have the right to relocate and reconstruct certain legally existing billboards within the Property (“Relocation Agreement”).
At a maximum, two (2) new digital billboards would be relocated/reconstructed on the Project Sit and the existing non-conforming double-sided static billboards would be removed from the Project Site. No other aspects of the Development Agreement would have the potential to result in an environmental impact.
Phasing
The current Project consists of a portion of the development allowed for in the Triangle Specific Plan and that is generally proportional to the allotments shown above in Table 1 for Phases 1A , 1B, and 1C of the overall Triangle Specific Plan. There are a few minor differences between the phasing that was anticipated in the SEIR for the overall Triangle Specific Plan and the current Project, which are noted below. The Triangle Specific Plan and the SEIR assumed and allowed for minor deviations from the phasing based on market demand. Primary differences between the approved Triangle Specific Plan and current Project include the following:
• Overall, the Project would develop 279,500 gsf, which is approximately 247,996 gsf less of development than the 527,496 gsf of development that is approved for Phases 1A, 1B, and 1C of the Project, as shown in the SEIR.
• The Project would develop approximately 82,347 gsf of food/restaurant uses earlier than was expected for Phases 1A, 1B, and 1C in the SEIR; however, overall the Project would still be well below the 125,258 gsf of restaurant uses assumed for buildout. • The Project would develop approximately 197,191 of retail uses, which is approximately 142,523 gsf fewer of commercial/retail uses than the 339,714 gsf that was expected of commercial/retail uses for Phases 1A, 1B, and 1C in the SEIR.
• No theater uses are currently proposed by the Project, whereas the SEIR assumed that all 74,660 sf of a theater would be built in Phase 1B.
Addendum to the Subsequent Environmental Impact Report
Prepared for The Triangle Specific Plan
S:\3CLA100100 - Triangle Retail\Consistency Evaluation\20240815_Fourth-Submittal\Triangle-SP_Addendum-081524.docx 3-4 Project Description Infrastructure
As anticipated in the SEIR, as the first phase of development within the Project site, the current Project will install the basic infrastructure that would be needed for the overall development. This includes the installation of the electrical, potable water, sewer, and stormwater drainage mainline systems for the overall development. Similarly, a portion of the internal connector road would be fully built out as part of the current Project, as anticipated in the SEIR. The current Project will also include roadway improvements, as discussed in PDF 10-1, including the installation of a signal on Murrieta Hot Springs Road and Monroe Avenue (i.e., Sparkman Court) and signal modifications at the existing intersection of Murrieta Hot Springs Road and Hancock Avenue.
Configuration of Development
The Project maintains the four separate planning areas, and general alignment of the internal connector road that were identified in the SEIR, although the SEIR allowed for the boundaries of the planning areas and alignment of the internal connector road may be reconfigured through review of the future Development Plans if desired by the Property Owner/Developer.
New Discretionary Approvals
The Project would require discretionary actions including: a Development Plan; a Tentative Tract Map; a Specific Plan Amendment; and a Development Agreement.
New land uses are proposed as part of the current Project that would be compatible with the uses allowed within the Specific Plan, and which are typical of a modern retail center.
Climate Action Plan Requirements
The following requirements apply to the current Project in accordance with the City’s Climate Action Plan.
For more details, see Appendix D, Climate Action Plan Consistency Checklist. • Consistent with City requirements, the Project would recycle and/or salvage for reuse a minimum of 80 percent of the nonhazardous construction and demolition waste in accordance with either Section 5.408.1.1, 5.408.1.2 or 5.408.1.3 of the California Code of Regulations, Title 24. • A transportation demand management plan has been prepared for the Project that meets requirements of Section 16.40 “Transportation Demand Management” of the City’s Municipal Code and has been reviewed and approved by the City of Murrieta Public Works Department (RK Engineering Group, Inc. 202 4). This Transportation Demand Management Memorandum is provided as Appendix G. The Transportation Demand Management Memorandum was prepared to develop strategies to reduce single-occupancy employee vehicle trips to and from the Project Site. The Transportation Demand Management Memorandum provides an evaluation of the number of empl oyees that would work within the Project Site, and it describes the alternative transportation options that are available to employees that will travel to the Project Site. The memorandum provides Transportation Demand Management recommendations for the Project, including: providing flexible schedules to allow for use of public transit and carpooling; providing Addendum to the Subsequent Environmental Impact Report
Prepared for The Triangle Specific Plan
S:\3CLA100100 - Triangle Retail\Consistency Evaluation\20240815_Fourth-Submittal\Triangle-SP_Addendum-081524.docx 3-5 Project Description preferential parking for employees that carpool; providing a transit information center for employees; and providing secure bicycle parking.
• Twenty percent of the total parking spaces required include Electric Vehicle Service Equipment (EVSE) to allow for electric vehicle charging by the occupant(s). • The Project would include the planting of new trees where required by Section 16.2 8 “Landscaping Standards and Water Efficient Landscaping” of the City’s Municipal Code.
Addendum to the Subsequent Environmental Impact Report
Prepared for The Triangle Specific Plan
S:\3CLA100100 - Triangle Retail\Consistency Evaluation\20240815_Fourth-Submittal\Triangle-SP_Addendum-081524.docx 4-1 Consistency Evaluation Pursuant to PRC Section 21166 SECTION 4.0 EVALUATION PURSUANT TO SECTION 21166
The discussion and analysis in this consistency document evaluates if the Project would result in any of the conditions identified in the three-part test in Section 21166 of the Public Resources Code (see Section
2.1 of this evaluation for the discussion of Section 21166 standards ). To ensure this analysis is comprehensive, the topical areas identified in the most recent updates to the State CEQA Guidelines Environmental Checklist (Checklist) are used as guidance for this evaluation. This comparative analys is provides the City of Murrieta with the factual basis for determining whether any changes in the Project, any changes in circumstances, or any new information since the SEIR was certified, rise to the level that would require substantial revisions to the SEIR.
The analysis in this document includes a brief discussion of the environmental topics provided in the SEIR and how and if major revisions of the SEIR are required in light of modifications to the Project description, changed circumstances, and availability of information that was not known before . In addition to this discussion, the Project is evaluated in light of the criteria outlined in Section 21166 of Public Resources Code. Findings will be made as to the significance of changes to the Project and if those changes would require significant revisions of the SEIR; if there have been significant changes in circumstance under which the Project is implemented that would require major revisions in the SEIR; and if there is new information that was not known before that would become available.
The site plan for the current Project that was utilized in this analysis is provided as Appendix A.
Applicable mitigation measures for the current Project that were specified in the certified SEIR are provided within the Mitigation Monitoring and Reporting Program (MMRP) provided as Appendix B.
To summarize the analysis in this Section 4.0, there are no changes to the Project that would require significant revisions to the SEIR, no changes in circumstances that would require major revisions to the SEIR, and no new information that would require major revisions to the EIR.
4.1 AESTHETICS
Consistency Evaluation
Would the Project:
a) Have a substantial adverse effect on a scenic vista? No New or More Severe Impacts/No Changes or New Information Requiring Preparation of an EIR Substantial changes proposed in Project, which will require major revisions to the EIR? The Project would not exceed the height allowances for buildings that are defined within the SEIR. The topography and layout of the planning areas and the internal road that are proposed as part of the Project are generally the same as what was described for the Triangle Specific Plan in the SEIR. The Project would include the removal of two existing static billboards and the construction of two replacement Addendum to the Subsequent Environmental Impact Report
Prepared for The Triangle Specific Plan
S:\3CLA100100 - Triangle Retail\Consistency Evaluation\20240815_Fourth-Submittal\Triangle-SP_Addendum-081524.docx 4-2 Consistency Evaluation Pursuant to PRC Section 21166 electronic/digital billboards that were not evaluated within the SEIR. Given the number of billboards would not increase with the Project from existing conditions, the Project would not result in substantial damage to scenic vistas. The two replacement electronic/digital billboards would be reviewed by the City to ensure compliance with applicable City requirements including the Mt. Palomar lighting standards contained in Murrieta Municipal Code Section 16.18.110. Also, a highway advertising permit would need to be acquired from Caltrans. During the permitting process, Caltrans will review the billboards to ensure compliance with other applicable requirements including the State’s Outdoor Advertising Act requirements and the Federal Highway Beautification Requirements . There are no other aspects of the Project that have changed substantially that could increase impacts to scenic vistas.
Similar to as identified in the SEIR, the Project would alter the existing visual condition of the Project site through introduction of development on a previously disturbed, undeveloped site. With implementation of PDFs 1 -1 through 1 -5, 1-9, and 1 -10 the visual appearance of the Project would represent a unified, cohesive development. Adherence to the Development Standards identified in The Triangle Specific Plan, and implementation of The Triangle Design Guidelines which incorporate provisions of City’s Commercial Districts Design Standards would ensure that proposed development would not degrade the visual character or quality of the Project site or surrounding areas.
No deviation from the standards mentioned above are proposed as part of the Project.
Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
The conditions within the Project site are similar to the conditions that were described in the SEIR, including disturbed topography and vegetation. The Project site is disturbed/previously graded with no scenic resources and there are no scenic vistas within the Project site.
New information (which was not known and could not have been known at the time the EIR was certified) available?
There is no new information related to this threshold.
b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway?
No New or More Severe Impacts/No Changes or New Information Requiring Preparation of an EIR Substantial changes proposed in Project, which will require major revisions to the EIR? The Project would include the removal of two existing billboards and the construction of two replacement electronic billboards that were not evaluated within the SEIR. Given the number of billboards would not increase with the Project from existing conditions, the Project would not result in substantial damage to scenic resources. Also, the two replacement electronic/digital billboards would be reviewed by the City to ensure compliance with applicable City requirements including the Mt. Palomar lighting standards contained in Murrieta Municipal Code Section 16.18.110. Also, a highway advertising permit would need Addendum to the Subsequent Environmental Impact Report
Prepared for The Triangle Specific Plan
S:\3CLA100100 - Triangle Retail\Consistency Evaluation\20240815_Fourth-Submittal\Triangle-SP_Addendum-081524.docx 4-3 Consistency Evaluation Pursuant to PRC Section 21166 to be acquired from Caltrans. During the permitting process, Caltrans will review the billboards to ensure compliance with other applicable requirements including the State’s Outdoor Advertising Act requirements and the Federal Highway Beautification Requi rements. No other aspects of the Project would result in increased impacts to scenic resources.
Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
The conditions within the Project site are similar to the conditions that existed at the time the SEIR was certified, including land use, topography, vegetation coverage, etc. not contain any scenic resources.
Consistent with the SEIR, the Project site is not visible from a State scenic highway. There are presently no officially designated State Scenic Highways that traverse Murrieta. I-15, which traverses the southwestern portion of Murrieta, is still an “Eligible State Scenic Highway” as it was at the time the SEIR was certified (Caltrans 2023).
New information (which was not known and could not have been known at the time the EIR was certified) available?
There is no new information related to this threshold.
c) In non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? No New or More Severe Impacts/No Changes or New Information Requiring Preparation of an EIR Substantial changes proposed in Project, which will require major revisions to the EIR? This threshold has been modified in the current State CEQA Guidelines since certification of the SEIR.
Previously, the threshold solely focused on whether a Project would substantially degrade the existing visual character or quality of the site and its surroundings. As written above, the current State CEQA threshold has been written to eliminate the requirement to evaluate whether a Project would degrade the existing visual character and quality of the Project site and its surroundings. For Projects within urbanized areas, such as the Project site, significance related to this threshold is determined solely based on whether the Project would conflict with applicable zoning and other regulations governing scenic quality. The Project is consistent with the current zoning for the Project site and would therefore be presumed to have a less than significant impact related to the updated threshold.
Related to the former threshold, consistent with the findings in the SEIR, the Project would alter the existing visual condition of the Project site through introduction of development on a previously disturbed, undeveloped site. Project Design Features (PDFs) 1 -1 through 1-5, 1-9, and 1-10 would be implemented as part of the Project so that the overall Project site represents a unified, cohesive development.
Adherence to the Development Standards identified in The Triangle Specific Plan, and implementation of Addendum to the Subsequent Environmental Impact Report
Prepared for The Triangle Specific Plan
S:\3CLA100100 - Triangle Retail\Consistency Evaluation\20240815_Fourth-Submittal\Triangle-SP_Addendum-081524.docx 4-4 Consistency Evaluation Pursuant to PRC Section 21166 The Triangle Design Guidelines which incorporate provisions of City’s Commercial Districts Design Standards would ensure that proposed development would not degrade the visual character or quality of the Project site or surrounding areas. The Project would involve minor revisions to the applicable development standards, including updates to Section 2.8.5, Billboard Replacement of the Triangle Specific Plan. This Specific Plan Amendment change would then provide a mechanism to allow for the construction of the two proposed replacement electronic billboards and would not result in any substantial changes to existing visual character or quality.
Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
The conditions within the Project site are similar to the conditions that were described in the SEIR. Zoning for the Project site has not changed since the SEIR was certified. There has been minimal development on parcels near the Project site; therefore, the visual character of the vicinity has not changed substantially since the SEIR was certified. Several residential projects are being developed north of the Project Site , which are further urbanizing the Project vicinity.
New information (which was not known and could not have been known at the time the EIR was certified) available?
There is no new information related to this threshold.
d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area?
No New or More Severe Impacts/No Changes or New Information Requiring Preparation of an EIR Substantial changes proposed in Project, which will require major revisions to the EIR? The Project involves outdoor lighting, similar to what was assumed in the SEIR. As required by PDF 1-6, a Lighting Plan will be developed and submitted for review prior to approval of the Project that will demonstrate that the development standards identified in The Triangle Specific Plan as outlined in PDF 1- 7 have been implemented. As required by PDF 1-7, 1-8, and 1 -9, prior to approval of the Project, the Property Owner/Developer will be required to demonstrate to the City consistency with appli cable standards related to exterior lighting and colors and materials. Also, as required by Mitigation Measure MM 358 AES -1, prior to site plan approval, the Property Owner/Developer will demonstrate to the satisfaction of the City of Murrieta Community Development Director or his/her designee, that no lighting will create a safety hazard or nuisance to off -site vehicular traffic or adjacent land uses. Measures to mitigate potential effects involve building design, building setbacks and screening direct lig hting so as to avoid safety and nuisance hazards. The Project would involve the removal of two existing billboards within the Project Site and their replacement with two new electronic billboards that would be approximately 60 feet tall. To avoid the potential for the increased lighting from these billboards to result in light pollution, the two replacement electronic/digital billboards would be reviewed by the City to ensure compliance with applicable City requirements including the Mt. Palomar lighting standards contained in Murrieta Municipal Code Section 16.18.110. Also, a highway adve rtising permit would need to be acquired from Addendum to the Subsequent Environmental Impact Report
Prepared for The Triangle Specific Plan
S:\3CLA100100 - Triangle Retail\Consistency Evaluation\20240815_Fourth-Submittal\Triangle-SP_Addendum-081524.docx 4-5 Consistency Evaluation Pursuant to PRC Section 21166 Caltrans. During the permitting process, Caltrans will review the billboards to ensure compliance with other applicable requirements including the State’s Outdoor Advertising Act requirements and the Federal Highway Beautification Requirements. All of the PDFs and the MM identified above would still be applicable and implemented as part of the Project.
Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
The conditions within the Project site are similar to the conditions that were described in the SEIR. The existing exterior lighting environment is similar to the conditions that existed when the SEIR was certified except that additional lighting is being added associated with nearby development north of the Project Site.
New information (which was not known and could not have been known at the time the EIR was certified) available?
There is no new information related to this threshold.
Applicable Measures from the MMRP:
As outlined in the MMRP provided as Appendix B, the following are applicable to the Project:
• Project Design Features (PDFs) 1-1, 1-2, 1-3, 1-4, 1-5, 1-6, 1-7, 1-8, 1-9, 1-10; • Standard Condition (SC) 1-1; and
• Mitigation Measure (MM) AES-1.
4.2 AGRICULTURAL AND FORESTRY RESOURCES
Consistency Evaluation
Would the Project:
a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use?
b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code Section 12220[g]), timberland (as defined by Public Resources Code Section 4526), or timberland zoned Timberland Production (as defined by Government Code Section 51104[g])? d) Result in the loss of forest land or conversion of forest land to non-forest use? e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use?
Addendum to the Subsequent Environmental Impact Report
Prepared for The Triangle Specific Plan
S:\3CLA100100 - Triangle Retail\Consistency Evaluation\20240815_Fourth-Submittal\Triangle-SP_Addendum-081524.docx 4-6 Consistency Evaluation Pursuant to PRC Section 21166 No New or More Severe Impacts/No Changes or New Information Requiring Preparation of an EIR Substantial changes proposed in Project, which will require major revisions to the EIR? Most of the Project site is still designated as Farmland of Local Importance, except for the northwest portion of the Project site which is designated now as Urban and Built-Up Land, rather than Other Lands previously (DOC 2023). The Project site is used intermittently to sell pumpkins and Christmas trees; however, there is still no agricultural or forestry activities occurring on the Project site and nearby. There are no known Williamson Act contracts within the Project site or nearby vicinity. Therefore, no new impacts pertaining to farmland and forestry would result from the Project.
Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
The conditions within the Project site are similar to the conditions that were described in the SEIR. The existing land uses and vegetative coverage within the Project site is similar to the conditions that existed when the SEIR was certified.
New information (which was not known and could not have been known at the time the EIR was certified) available?
There is no new information related to these thresholds.
Applicable Measures from the MMRP:
There are no measures that are applicable to this resource topic.
4.3 AIR QUALITY
Consistency Evaluation
Would the Project:
a) Conflict with or obstruct implementation of the applicable air quality plan? No New or More Severe Impacts/No Changes or New Information Requiring Preparation of an EIR Substantial changes proposed in Project, which will require major revisions to the EIR? The overall Triangle Specific Plan was found in the SEIR to have a significant unavoidable impact related to this threshold with implementation of mitigation measures. Specifically, the SEIR determined that the overall Triangle Specific Plan would not be consistent with the AQMP because of forecasted significant and unavoidable long-term emissions exceeding SCAQMD thresholds.
The Project represents the first development within the Specific Plan area and will construct 279,500 gsf of development, which represents partial implementation of the Specific Plan that was evaluated in the Addendum to the Subsequent Environmental Impact Report
Prepared for The Triangle Specific Plan
S:\3CLA100100 - Triangle Retail\Consistency Evaluation\20240815_Fourth-Submittal\Triangle-SP_Addendum-081524.docx 4-7 Consistency Evaluation Pursuant to PRC Section 21166 SEIR for The Triangle Specific Plan. The Project would result in fewer operational air quality emissions than was previously analyzed in the SEIR given that the P roject would develop 279,500 gsf, which is approximately 247,996 gsf less of development than the 527,496 gsf of development that is approved for Phases 1A, 1B, and 1C of the Project as shown in the SEIR. According to the updated trip generation information prepared for the Project, the Project would result in fewer daily trips than the trips that were evaluated for Phases 1A, 1B, and 1C within the SEIR (Claremont Law Group, Inc 2024). Therefore, mobile source air quality emissions would be reduced with the Project from what was approved for the Triangle Specific Plan.
Vehicle queuing and idling related to drive -through fast food restaurants would result in air quality emissions; however, these emissions would not exceed the air quality emissions assumed for Phases 1A, 1B, and 1C given that the Project would only result in approximately 53 percent of the vehicular trips and resultant air quality emissions as was assumed for the Triangle Specific Plan in the SEIR. Also, the Triangle Specific Plan’s SEIR already assumed similar drive-through retail uses would be developed as part of the Project, which involve similar vehicular queuing. Further, new regulations have been implemented since approval of the SEIR that would further serve to reduce mobile source emissions for vehicles idling from what was previously analyzed in the SEIR. For example, California’s Advanced Clean Cars II Regulations ban the sale of all new light-duty gasoline powered cars after 2035 (California Energy Commission 2024a). As a result of these regulations, zero emission vehicle saturation in the vehicle fleet in California has been on the rise. In 2023 there were 1,516,107 zero emissions light duty vehicles in California compared to the 27,828,856 total non-zero emission light duty vehicles that existed in California in 2023 (California Energy Commission 2024b). By 2024 that number increased to 1,872,429 total zero emission vehicles in California.
In the first quarter of 2024, approximately 25% of the light duty vehicles sold in 2024 were zero emission vehicles (California Energy Commission 2024a). Therefore, the gradual transition of the light duty vehicle fleet to zero emission vehicles will further reduce operational air quality effects of the proposed driv e- through fast food restaurants.
As such, there are no substantial changes to the Project that would require major revisions to the SEIR and all applicable mitigation measures would be required for implementation of the Project.
Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
The advancement of technology and adoption of State programs, standards, and regulations have reduced air pollutant emissions from short -term (construction) and long -term (operational) activities, and therefore, construction and operation of the Project wo uld emit less criteria pollutants than previously assumed. No changes in Project context or circumstances beyond what was anticipated and analyzed in the SEIR have occurred that would result in new or more severe impacts pertaining to implementation of the applicable AQMP . Thus, no major revisions of the SEIR or new mitigation are required.
New information (which was not known and could not have been known at the time the EIR was certified) available?
There is no new information related to this threshold.
Addendum to the Subsequent Environmental Impact Report
Prepared for The Triangle Specific Plan
S:\3CLA100100 - Triangle Retail\Consistency Evaluation\20240815_Fourth-Submittal\Triangle-SP_Addendum-081524.docx 4-8 Consistency Evaluation Pursuant to PRC Section 21166 b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard? No New or More Severe Impacts/No Changes or New Information Requiring Preparation of an EIR Substantial changes proposed in Project, which will require major revisions to the EIR? When it was adopted in 2013, the overall Triangle Specific Plan was found in the SEIR to have a significant unavoidable impact related to this threshold with implementation of mitigation measures. Specifically, the SEIR determined that implementation of the overall Triangle Specific Plan would exceed regional thresholds established by the SCAQMD for VOCs during the peak Project construction day.
The Project represents the first development within the Specific Plan area and will construct 279,500 gsf of development, which represents partial implementation of the Specific Plan that was evaluated in the SEIR for The Triangle Specific Plan. The Project would result in fewer operational air quality emissions than was previously analyzed in the SEIR given that the P roject would develop 279,500 gsf, which is approximately 247,996 gsf less of development than the 527,496 gsf of development that is approved for Phases 1A, 1B, and 1C of the Project as shown in the SEIR. According to the updated trip generation information prepared for the Project, the Project would result in fewer daily trips than the trips that were evaluated for Phases 1A, 1B, and 1C within the SEIR (Claremont Law Group, Inc 2024). Therefore, mobile source air quality emissions would be reduced with the Project from what was approved for the Triangle Specific Plan.
Since the SEIR was adopted in 2013, the City has adopted an updated General Plan, Murrieta General Plan 2035. Murrieta General Plan 2035 contains an updated Air Quality Element. The Air Quality Element identifies key issues and challenges facing Murrieta in regards to air quality, its effects on the community, and how it can be addressed as the City continues to grow. The Element also contains a number of goals and policies intended to respond to the key issues and challenges identified within the Element. The Project
Goal AQ-1 Improved air quality through participation in regional and local efforts.
Goal AQ-3 Reduced emissions during construction activities.
Policy AQ -3.1 Ensure that construction activities follow current SCAQMD rules, regulations, and thresholds.
Policy AQ-3.2 Ensure all applicable best management practices are used in accordance with the SCAQMD to reduce emitting criteria pollutants during construction.
Policy AQ -3.3 Require all construction equipment for public and private projects comply with CARB’s vehicle standards. For projects that may exceed daily construction emissions established by the SCAQMD, Best Available Control Measures will be incorporated to reduce construction emissions to below daily emission standards established by the SCAQMD.
Addendum to the Subsequent Environmental Impact Report
Prepared for The Triangle Specific Plan
S:\3CLA100100 - Triangle Retail\Consistency Evaluation\20240815_Fourth-Submittal\Triangle-SP_Addendum-081524.docx 4-9 Consistency Evaluation Pursuant to PRC Section 21166 Policy AQ-3.4 Require project proponents to prepare and implement a Construction Management Plan, which will include Best Available Control Measures among others. Appropriate control measures will be determined on a project by project basis, and should be specific to the pollutant for which the daily threshold is exceeded.
GOAL AQ-4 Mobile source emissions are reduced by providing a balance of jobs and housing that serve the needs of the community
Goal AQ-5 Air quality is improved through an efficient circulation system, reduced traffic congestion, and reduced vehicle miles traveled.
Policy AQ-5.1 Encourage employers to implement transportation demand management (TDM) measures, such as the following programs to reduce trips and vehicle miles traveled: • Transit subsidies • Bicycle facilities • Alternating work schedules • Ridesharing • Telecommuting and work -at-home programs • Employee education • Preferential parking for carpools/vanpools Policy AQ-5.2 Re-designate truck routes away from sensitive land uses including schools, hospitals, elder and childcare facilities, or residences, where feasible.
Policy AQ-5.7 Reduce industrial truck idling by enforcing California’s 5 -minute maximum law, requiring warehouse and distribution facilities to provide adequate on site truck parking, and requiring refrigerated warehouses to provide generators for refrigerated trucks.
Goal AQ-6 Stationary source pollution (point source and area source) are minimized through existing and future regulations and new technology.
Policy AQ-6.7 During the design review process, encourage the use of measures to reduce indoor air quality impacts (i.e., air filtration systems, kitchen range top exhaust fans, and low-VOC paint and carpet for new developments and busy roadways with significant volumes of heavy truck traffic).
Goal AQ-7 Particulate matter and fugitive dust emissions are reduced throughout the City.
Policy AQ-7.4 Consider the suspension of all grading operations, not including dust control actions, at construction projects when the source represents a public nuisance or potential safety hazard due to reduced visibility on streets surrounding the property.
The Project would be consistent with the aforementioned rules and policies; specifically, the Project would comply with all current SCAQMD rules and regulations; specifically, the Project would comply with the following SCAQMD rules, as applicable: Rule 401 – Visible Emissions, Rule 402 – Nuisance, Rule 403 – Fugitive Dust, Rule 431.2 – Sulfur Content of Liquid Fuels , Rule 461 – Gasoline Transfer and Dispensing, Rule 1110.2 – Emissions from Gaseous- and Liquid-Fueled Engines, and Rule 1113 – Architectural Coatings.
Moreover, the SEIR for the Triangle Specific Plan found that the specific plan would result in reductions in vehicle miles traveled (VMT), although this particular threshold was not included in the State CEQA guidelines at the time. Specifically, the SEIR stated that proposed development would create jobs in the Addendum to the Subsequent Environmental Impact Report
Prepared for The Triangle Specific Plan
S:\3CLA100100 - Triangle Retail\Consistency Evaluation\20240815_Fourth-Submittal\Triangle-SP_Addendum-081524.docx 4-10 Consistency Evaluation Pursuant to PRC Section 21166 retail, restaurant, entertainment and hotel sectors and would attract business and jobs that would help to improve the jobs/housing balance and reducing VMT.
At the time the SEIR was adopted in 2013 the applicable SCAQMD Air Quality Management Plan (AQMP) was the 2012 AQMP . At that time, the Basin exceeded the pollutant concentration levels defined by the 8 and 1 hour ozone, 24 hour and annual PM2.5, and 24-hour PM10 National Ambient Air Quality Standards (NAAQS). The Basin was also a state nonattainment area for ozone, NO2, PM10, and PM2.5 based on the California Ambient Air Quality Standards (CAAQS).
Since then, the SCAQMD has adopted multiple updated AQMPs. The latest AQMP is the 2022 AQMP. As discussed in the 2022 AQMP , in the 2018 -2020 design value period, the Basin exceeded the pollutant concentration levels defined by the 8 and 1 hour ozone and annual PM2.5 NAAQS. The Basin also exceeded the pollutant concentration levels defined by the 8 and 1 hour ozone and annual PM10 and PM2.5 CAAQS.
As such, based on the latest 2022 AQMP , the Basin is not in nonattainment for any pollutants for which the Basin was in attainment for at the time the SEIR was adopted in 2013.
As such, there are no substantial changes to the Project that would require major revisions to the SEIR and all applicable mitigation measures would be required for implementation of the Project .
Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
Overall, the advancement of technology and adoption of State programs, standards, and regulations, have reduced air pollutant emissions from short-term and long-term activities, and therefore, construction and operation of the Project would emit less crite ria pollutants than previously projected in the SEIR. No changes in Project context or circumstances beyond what was anticipated and analyzed in the SEIR have occurred that would result in new or more severe impacts pertaining to cumulati vely considerable net increase of criteria pollutants for which the Project region is non-attainment under an applicable federal or State ambient air quality standard. Thus, no major revisions of the SEIR or new mitigation are required.
New information (which was not known and could not have been known at the time the EIR was certified) available?
There is no new information related to this threshold.
c) Expose sensitive receptors to substantial pollutant concentrations? No New or More Severe Impacts/No Changes or New Information Requiring Preparation of an EIR Substantial changes proposed in Project, which will require major revisions to the EIR? The overall Triangle Specific Plan was found in the SEIR to have a less than significant impact related to this threshold. Specifically, the SEIR determined that concentrations of criteria pollutants at off site receptors would not exceed SCAQMD thresholds for ambient air quality, and that no impacts related to exposure of sensitive receptors to potential CO “hot spots” would occur.
Addendum to the Subsequent Environmental Impact Report
Prepared for The Triangle Specific Plan
S:\3CLA100100 - Triangle Retail\Consistency Evaluation\20240815_Fourth-Submittal\Triangle-SP_Addendum-081524.docx 4-11 Consistency Evaluation Pursuant to PRC Section 21166 The Project represents the first development within the Specific Plan area and will construct 279,500 gsf of development, which represents partial implementation of the Specific Plan that was evaluated in the SEIR for The Triangle Specific Plan. The Project would result in fewer operational air quality emissions than was previously analyzed in the SEIR given that the P roject would develop 279,500 gsf, which is approximately 247,996 gsf less of development than the 527,496 gsf of development that is approved for Phases 1A, 1B, and 1C of the Project as shown in the SEIR. According to the updated trip generation information prepared for the Project, the Project would result in fewer daily trips than the trips that were evaluated for Phases 1A, 1B, and 1C within the SEIR (Claremont Law Group, Inc 2024). Therefore, mobile source air quality emissions would be reduced with the Project from what was approved for the Triangle Specific Plan.
Vehicle queuing and idling related to drive -through fast food restaurants would result in air quality emissions; however, these emissions would not exceed the air quality emissions assumed for Phases 1A, 1B, and 1C given that the Project would only result in approximately 53 percent of the vehicular trips and resultant air quality emissions as was assumed for the Triangle Specific Plan in the SEIR. Also, the Triangle Specific Plan’s SEIR already assumed similar drive-through retail uses would be developed as part of the Project, which involve similar vehicular queuing. Further, new regulations have been implemented since approval of the SEIR that would further serve to reduce mobile source emissions for vehicles idling from what was previously analyzed in the SEIR. For example, California’s Advanced Clean Cars II Regulations ban the sale of all new light-duty gasoline powered cars after 2035 (California Energy Commission 2024a). As a result of these regulations, zero emission vehicle saturation in the vehicle fleet in California has been on the rise. In 2023 there were 1,516,107 zero emissions light duty vehicles in California compared to the 27,828,856 total non-zero emission light duty vehicles that existed in California in 2023 (California Energy Commission 2024b). By 2024 that number increased to 1,872,429 total zero emission vehicles in California.
In the first quarter of 2024, approximately 25% of the light duty vehicles sold in 2024 were zero emission vehicles (California Energy Commission 2024a). Therefore, the gradual transition of the light duty vehicle fleet to zero emission vehicles will further reduce operational air quality effects of the proposed drive - through fast food restaurants.
A CO hot spot is a localized concentration of CO that is above the state or national 1 -hour or 8-hour CO ambient air standards. To verify that the Project would not cause or contribute to a violation of the 1-hour and 8 -hour CO standards, an evaluation of the potential for CO hot spots at nearby intersections was conducted as described in more detail below.
A Focused Traffic Analysis was prepared for the Project, which is included as Appendix E, to evaluate whether there would be any substantial changes in the LOS at the intersections that would be affected by the Project (Rick Engineering Company 2023). The Transportation Project-Level Carbon Monoxide Protocol (California Department of Transportation 1998) was followed to determine whether a CO hot spot is likely to form due to Project-generated traffic, based upon traffic volumes provided by the Project’s Focused Traffic Analysis.
In accordance with the Protocol, CO hot spots are typically evaluated when: (a) the LOS of an intersection decreases to a LOS E or worse; (b) signalization and/or channelization is added to an intersection; and Addendum to the Subsequent Environmental Impact Report
Prepared for The Triangle Specific Plan
S:\3CLA100100 - Triangle Retail\Consistency Evaluation\20240815_Fourth-Submittal\Triangle-SP_Addendum-081524.docx 4-12 Consistency Evaluation Pursuant to PRC Section 21166 (c) sensitive receptors such as residences, schools, hospitals, etc., are located in the vicinity of the affected intersection or roadway segment.
According to the Focused Traffic Analysis, all of the intersections evaluated would meet the criteria mentioned above given that they would either operate at or exceed the acceptable threshold of LOS D except for one. The intersection of Murrieta Hot Springs Road/Sparkman Court would operate at LOS F during the AM and PM peak hours under the existing + ambient + cumulative 2025 condition and would operate at LOS E in the AM peak hours and LOS F in the PM peak hours under the existing + ambient + Project + cumulative 2025 condition , which indicates that further analyses related to CO hotspots should be conducted.
Using conservative industry screening methods, a project would not result in a significant impact to local CO concentrations if it meets all of the below criteria:
• The affected intersection carries less than 31,600 vehicles per hour; • The project does not contribute traffic to a tunnel, parking garage, bridge underpass, urban street canyon, below-grade roadway, or other location where horizontal or vertical mixing of air would be substantially limited; and
• The affected intersection, which includes a mix of vehicle types, is not anticipated to be substantially different from the County average, as identified by EMFAC or CalEEMod models (SMAQMD 2009).
The greatest traffic volumes at the affected intersection are estimated to be 5,693 vehicles during the AM peak hour and 7,223 vehicles during the PM peak hour (RICK Engineering 2022). The intersections are not located in a tunnel, urban canyon, or similar area that would limit the mixing of air, nor is the vehicle mix anticipated to be substantially different than the County average. There would be no potential for a CO hot spot or exceedance of state or federal CO ambient air quality standards because the maximum traffic volume would be substantially less than the 31,600 vehicles per hour screening level. In addition, the congested intersection is located where mixing of air would not be limited; emission rates for CO have been reduced substantially to the point where the State of California has met the federal and State ambient air quality standards for the past decade. Th erefore, impacts from CO hot spots would be less than significant.
As such, there are no substantial changes to the Project that would require major revisions to the SEIR and all applicable mitigation measures would be required for implementation of the Project.
Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
Overall, the advancement of technology and adoption of State programs, standards, and regulations, have reduced air pollutant emissions from construction and operational activities, and therefore, construction and operation of the Project would emit less criteria pollutants than previously projected. No changes in Project context or circumstances beyond what was anticipated and analyzed in the SEIR have occurred that would result in new or more severe impacts pertaining to sensitive receptors. Thus, no major revisions of the SEIR or new mitigation are required.
Addendum to the Subsequent Environmental Impact Report
Prepared for The Triangle Specific Plan
S:\3CLA100100 - Triangle Retail\Consistency Evaluation\20240815_Fourth-Submittal\Triangle-SP_Addendum-081524.docx 4-13 Consistency Evaluation Pursuant to PRC Section 21166 New information (which was not known and could not have been known at the time the EIR was certified) available?
There is no new information related to this threshold.
d) Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people?
No New or More Severe Impacts/No Changes or New Information Requiring Preparation of an EIR Substantial changes proposed in Project, which will require Major revisions to the EIR? Odors were not required to be evaluated at the time the SEIR was certified; therefore, this threshold was not explicitly evaluated.
The Project represents the first development within the Specific Plan area and will construct 279,500 gsf of development, which represents partial implementation of the Specific Plan that was evaluated in the SEIR for The Triangle Specific Plan. The Project would result in fewer operational air quality emissions than was previously analyzed in the SEIR given that the P roject would develop 279,500 gsf, which is approximately 247,996 gsf less of development than the 527,496 gsf of development that is approved for Phases 1A, 1B, and 1C of the Project as shown in the SEIR. According to the updated trip generation information prepared for the Project, the Project would result in fewer daily trips than the trips that were evaluated for Phases 1A, 1B, and 1C within the SEIR (Claremont Law Group, Inc 2024). Therefore, mobile source air quality emissions would be reduced with the Project from what was approved for the Triangle Specific Plan.
The Project would involve the development of restaurant land uses that could result in off -site odors; however, the Project would not increase the overall square footage of restaurant land uses when compared to what was evaluated in the SEIR. The reduced setbacks proposed by the Project would not result in a substantial increase in odor s for off -site recep tors given the distance to these receptors, including the medical centers and residents to the north of the Project Site. Therefore, no changes above and beyond what was analyzed in the SEIR would result in significant new or more severe impacts requiring mitigation. Thus, major revisions of the SEIR are not required.
Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
There are no new land uses that have established since certification of the SEIR within the vicinity of the Project that would result in a substantial amount of additional people in the Project vicinity than what was assumed in the SEIR. There are expanded medical uses and residences entitled and under development north of the Project Site that were not considered when the SEIR was certified; however, these receptors are more than 185 feet away and would therefore not be substantially affected by odors from the Project due to the distance.
Addendum to the Subsequent Environmental Impact Report
Prepared for The Triangle Specific Plan
S:\3CLA100100 - Triangle Retail\Consistency Evaluation\20240815_Fourth-Submittal\Triangle-SP_Addendum-081524.docx 4-14 Consistency Evaluation Pursuant to PRC Section 21166 New information (which was not known and could not have been known at the time the EIR was certified) available?
Odors were not required to be evaluated at the time the SEIR was adopted; therefore, this threshold was not explicitly evaluated. There are expanded medical uses and residences entitled and under development north of the Project Site that were not considered when the SEIR was certified; however, these receptors are more than 185 feet away and would therefore not be substantially affected by odors from the Project due to the distance. Therefore, there is no substantial new information related to this threshold that could not have been known at the time the SEIR was certified.
Applicable Measures from the MMRP:
As outlined in the MMRP provided as Appendix B, the following are applicable to the Project:
• PDFs 2-1, 2-2, 2-3;
• SCs 2-1, 2-2, 2-3, 2-4, 2-5, 2-6, 2-7, and 2-8; and
• MMs 2-1, 2-2, 2-3, and 2-4.
4.4 BIOLOGICAL RESOURCES
Consistency Evaluation
Would the Project:
a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? No New or More Severe Impacts/No Changes or New Information Requiring Preparation of an EIR Substantial changes proposed in Project that will require major revisions to the EIR? The overall Triangle Specific Plan was found in the SEIR to have a less than significant impact related to this threshold. Specifically, the SEIR determined implementation of the Triangle Specific Plan has the potential to impact burrowing owls and nesting birds. Through compliance with the MSHCP protective measures (i.e., pre -construction survey for burrowing owl) and permit conditions, no changes in the Project would occur that would require major revisions to the SEIR.
The Project represents the first development within the Specific Plan area and will construct 279,500 gsf of development, which represents partial implementation of the Specific Plan that was evaluated in the SEIR for The Triangle Specific Plan. The Project would result in less ground disturbance when compared to the overall Triangle Specific Plan that was analyzed in the SEIR. As evidenced by the site reconnaissance conducted by biologists in 2023, conditions in the Project site are similar to when the SEIR was certified (Hernandez Environmental Services 2023). No changes above and beyond what was analyzed in the SEIR Addendum to the Subsequent Environmental Impact Report
Prepared for The Triangle Specific Plan
S:\3CLA100100 - Triangle Retail\Consistency Evaluation\20240815_Fourth-Submittal\Triangle-SP_Addendum-081524.docx 4-15 Consistency Evaluation Pursuant to PRC Section 21166 would result in significant new or more severe impacts requiring mitigation. Thus, major revisions of the SEIR are not required.
Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
The conditions within the Project site are similar to the conditions that were described in the SEIR. The existing land uses and vegetative coverage within the Project site is similar to the conditions that existed when the SEIR was certified.
New information (which was not known and could not have been known at the time the EIR was certified) available?
In April 2018, the tricolored blackbird ( Agelaius tricolor) was listed as State Threatened. The tricolored blackbird has potential to occur in the Project vicinity. The MSHCP provides coverage for take of this species (Section 9, Conservation and Incidental Take Estimates ). Therefore, no further surveys or mitigation would be required as the Project is consistent with the MSHCP . Pre-construction nesting bird surveys are required and would ensure that if the species is nesting on or adjacent to the Project site, it would be protected with a sufficient buffer.
In July 2019, Crotch’s bumblebee (Bombus crotchii) was proposed as a State Endangered species; the State has yet to determine whether it will list the species. In the meantime, Crotch’s bumblebee now has the same legal protection afforded to an endangered or threatened species . The Crotch’s bumblebee is a ground nester and often makes its nest in abandoned mammal burrows and can be found in most native habitat types. The Crotch bumblebee prefers plant genera of Antirrhinum, Phacelia, Clarkia, Dendromecon, Escholzia, and Eriogonum . There is limited, disturbed potential habitat for Crotch’s bumblebee on the Project site. Crotch’s bumble bee is not covered by the MSHCP; however, the MSHCP does provide for the substantial conservation of habitat for Crotch’s bumble bee. Crotch’s bumble bee was not observed during general biological reconnaissance surveys of the Project Site. As a condition of approval for the Project, the Property Owner/Developer shall submit a letter report prepared by a qualified biologist to the City documenting absence of Crotch’s bumble bee from the Project Site.
In April 2020, the Southern California/Central Coast Evolutionarily Significant Unit (ESU) of mountain lion (Puma concolor) was proposed as a State Threatened species; the State has yet to determine if it will list this species. Mountain lions occur in a variety of habitats, especially brushy habitats and riparian areas with interspersed irregular terrain, rocky outcrops, and tree/brush edges. Mountain lions use caves, natural cavities, and thickets for cover. The Project site is surrounded by existing deve lopment and roadways, and does not contain the habitat types described above (Hernandez Environmental Services 2023). Therefore, the Project site does not contain suitable habitat for mountain lions. b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Wildlife or US Fish and Wildlife Service?
Addendum to the Subsequent Environmental Impact Report
Prepared for The Triangle Specific Plan
S:\3CLA100100 - Triangle Retail\Consistency Evaluation\20240815_Fourth-Submittal\Triangle-SP_Addendum-081524.docx 4-16 Consistency Evaluation Pursuant to PRC Section 21166 No New or More Severe Impacts/No Changes or New Information Requiring Preparation of an EIR Substantial changes proposed in Project that will require major revisions to the EIR? The overall Triangle Specific Plan was found in the SEIR to have a less than significant impact related to this threshold with implementation of mitigation measures . Specifically, the SEIR determined implementation of the Triangle Specific Plan has the potential to impact US Army Corps of Engineers (USACE) and California Department of Fish and Wildlife (CDFW) jurisdictional areas, riverine features pursuant to the MSHCP , and potentially suitable habitat for burrowing owl, The SEIR determined that with implementation of mitigation measures, impacts related to this threshold would be less than significant.
The Project would not involve any increased impacts to jurisdictional waters, and compensatory mitigation will be coordinated with the regulatory agencies prior to the beginning of Project construction in jurisdictional waters.
The Project represents the first development within the Specific Plan area and will construct 279,500 gsf of development, which represents partial implementation of the Specific Plan that was evaluated in the SEIR for The Triangle Specific Plan. Therefore, the Project would result in less ground disturbance when compared to the overall Triangle Specific Plan that was analyzed in the SEIR. Conditions within the Project site are similar to when the SEIR was certified (Hernandez Envi ronmental Services 2023). No changes above and beyond what was analyzed in the SEIR would result in significant new or more severe impacts requiring mitigation. Thus, major revisions of the SEIR are not required and the current mitigation measures would still apply.
Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
The conditions within the Project site are similar to the conditions that were described in the SEIR. The existing land uses and vegetative coverage within the Project site is similar to the conditions that existed when the SEIR was certified. No new or substantially altered drainage patterns have developed within the Project site.
New information (which was not known and could not have been known at the time the EIR was certified) available?
Recently, the definition of Waters of the United States (WOTUS) has been the subject of shifting regulations. Recent federal revisions to regulations that address the extent of United States Army Corps of Engineers (USACE) jurisdiction and the definition o f WOTUS have been issued by the Obama Administration in 2015 and the Trump Administration in 2020. On January 18, 2023, the United States Environmental Protection Agency (USEPA) published a final Water Rule in the Federal Register that took effect on March 20, 2023. To conform to the May 25, 2023 ruling by the U.S. Supreme Court (Sackett v.
EPA), the USEPA issued a revised definition of WOTUS that was published in the Code of Federal Regulations (CFR) on September 8, 2023. The updated definition of WOTUS is provided in Title 40 §120.2(a) of the CFR and identifies federal jurisdiction under the CWA as:
Addendum to the Subsequent Environmental Impact Report
Prepared for The Triangle Specific Plan
S:\3CLA100100 - Triangle Retail\Consistency Evaluation\20240815_Fourth-Submittal\Triangle-SP_Addendum-081524.docx 4-17 Consistency Evaluation Pursuant to PRC Section 21166
1. Traditional Navigable Waters (TNWs), the territorial seas, and interstate non -wetland waters (“paragraph (a)(1) waters”);
2. Impoundments of “waters of the United States” (“paragraph (a)(2) impoundments”);
3. Tributaries to paragraph (a)(1) waters or (a)(2) impoundments when the tributaries are relatively permanent, standing or continuously flowing bodies of waters (“jurisdictional tributaries”);
4. Wetlands that have a continuous surface connection to paragraph (a)(1) waters, or relatively permanent, standing or continuously flowing jurisdictional tributaries that have a continuous surface connection to paragraph (a)(1) waters; and
5. Intrastate lakes and ponds not identified in paragraphs (a)(1) through (4) that are relatively permanent, standing or continuously flowing bodies of water with a continuous surface connection to paragraph (a)(1) waters or jurisdictional tributaries.” The above only applies to the enforcement of Section 404 of the federal Clean Water Act, therefore this only applies to waters subject to regulation by the USACE. The California Department of Fish and Wildlife and the State Water Resources Control Board and its local Regional Boards are not bound by this ruling.
The Certified EIR found the that jurisdictional areas within the Project site consist of five habitat types:
southern willow scrub, mulefat scrub, herbaceous wetland, and non-wetland WOTUS/CDFW streambed; specifically, the EIR determined that areas under the USACE jurisdiction on -site consist of 0.02 acre of intermittent non-wetland WOTUS, comprised of 3 reaches totaling 410 linear feet and that areas under CDFW jurisdiction onsite total 0.05 acre and consist of less than 0.01 acre each of southern willow s crub and mulefat scrub, 0.03 acre of herbaceous wetland, and 0.02 acre of CDFW streambed.
These findings are consistent with the findings of the site reconnaissance for the Project prepared in January 2023 by Hernandez Environmental Services and included as Appendix C of this Addendum. The site reconnaissance determined that the onsite intermittent drainage and associated riparian vegetation are considered non -wetland WOTUS and this drainage is also regulated by CDFW’. Further, the onsite drainage and associated riparian vegetation are considered Riparian/Riverine areas pursuant to the MSHCP. The onsite drainage and associated riparian vegetation are also regulated by CDFW under the Fish and Game Code Section 16 02. The onsite non -wetland WOTUS are regulated by the USACE and the Regional Water Quality Control Board (RWQCB) under Sections 404 and 401 of the Clean Water Act.
Although the regulatory definitions of the drainage feature in the Project site have changed since the SEIR was certified, this does not constitute new information that would result in more severe impacts that was not known at the time the SEIR was prepared.
Addendum to the Subsequent Environmental Impact Report
Prepared for The Triangle Specific Plan
S:\3CLA100100 - Triangle Retail\Consistency Evaluation\20240815_Fourth-Submittal\Triangle-SP_Addendum-081524.docx 4-18 Consistency Evaluation Pursuant to PRC Section 21166 c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?
No New or More Severe Impacts/No Changes or New Information Requiring Preparation of an EIR Substantial changes proposed in Project that will require major revisions to the EIR? The overall Triangle Specific Plan was found in the SEIR to have a less than significant impact related to this threshold. Specifically, the SEIR determined implementation of the Triangle Specific Plan has the potential to impact USACE and CDFW jurisdictional areas.
The Project represents the first development within the Specific Plan area and will construct 279,500 gsf of development, which represents partial implementation of the Specific Plan that was evaluated in the SEIR for The Triangle Specific Plan. Therefore, the Project would result in less ground disturbance when compared to the overall Triangle Specific Plan that was analyzed in the SEIR. No changes above and beyond what was analyzed in the SEIR would result in significant new or more severe impacts requiring mitigation.
Thus, major revisions of the SEIR are not required.
Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
The conditions within the Project site are similar to the conditions that were described in the SEIR. The existing land uses and vegetative coverage within the Project site is similar to the conditions that existed when the SEIR was certified. No new or substantially altered drainage patterns have developed within the Project site.
New information (which was not known and could not have been known at the time the EIR was certified) available?
There is no new information related to this threshold.
d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?
No New or More Severe Impacts/No Changes or New Information Requiring Preparation of an EIR Substantial changes proposed in Project that will require major revisions to the EIR? The overall Triangle Specific Plan was found in the SEIR to have a less than significant impact related to this threshold with implementation of mitigation measures. The SEIR determined implementation of the Triangle Specific Plan has the potential to impact USACE and CDFW jurisdictional areas, riverine features pursuant to the MSHCP , and potentially suitable habitat for burrowing owl, the SEIR determined that with implementation of mitigation measures, impacts related to this threshold would be less than significant.
Addendum to the Subsequent Environmental Impact Report
Prepared for The Triangle Specific Plan
S:\3CLA100100 - Triangle Retail\Consistency Evaluation\20240815_Fourth-Submittal\Triangle-SP_Addendum-081524.docx 4-19 Consistency Evaluation Pursuant to PRC Section 21166 The Project represents the first development within the Specific Plan area and will construct 279,500 gsf of development, which represents partial implementation of the Specific Plan that was evaluated in the SEIR for The Triangle Specific Plan. No changes above and beyond what was analyzed in the SEIR would result in significant new or more severe impacts requiring mitigation. Thus, major revisions of the SEIR are not required.
Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
The conditions within the Project site are similar to the conditions that were described in the SEIR. The existing land uses and vegetative coverage within the Project site is similar to the conditions that existed when the SEIR was certified. No substantial changes have occurred that would increase wildlife movement or usage of the Project site.
New information (which was not known and could not have been known at the time the EIR was certified) available?
There is no new information related to this threshold.
e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
No New or More Severe Impacts/No Changes or New Information Requiring Preparation of an EIR Substantial changes proposed in Project that will require major revisions to the EIR? The overall Triangle Specific Plan was found in the SEIR to have a less than significant impact related to this threshold. The SEIR determined implementation of the Triangle Specific Plan would not impact trees which are protected pursuant to Section 16.42 of the City’s Municipal Code. Furthermore, the SEIR found that since the overall Triangle Specific Plan would be implemented consistent with the requirements of the MSHCP , there would be less than significant impacts related to this threshold.
The Project represents the first development within the Specific Plan area and will construct 279,500 gsf of development, which represents partial implementation of the Specific Plan that was evaluated in the SEIR for The Triangle Specific Plan. No changes above and beyond what was analyzed in the SEIR would result in significant new or more severe impacts requiring mitigation. Thus, major revisions of the SEIR are not required.
Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
The conditions within the Project site are similar to the conditions that were described in the SEIR. The existing land uses and vegetative coverage within the Project site is similar to the conditions that existed when the SEIR was certified. There are no new local policies or ordinances related to biological resources that were not previously in effect when the SEIR was certified.
Addendum to the Subsequent Environmental Impact Report
Prepared for The Triangle Specific Plan
S:\3CLA100100 - Triangle Retail\Consistency Evaluation\20240815_Fourth-Submittal\Triangle-SP_Addendum-081524.docx 4-20 Consistency Evaluation Pursuant to PRC Section 21166 New information (which was not known and could not have been known at the time the EIR was certified) available?
There is no new information related to this threshold.
f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? No New or More Severe Impacts/No Changes or New Information Requiring Preparation of an EIR Substantial changes proposed in Project that will require major revisions to the EIR? The overall Triangle Specific Plan was found in the SEIR to have a less than significant impact related to this threshold with implementation of mitigation measures. Specifically, the SEIR determined implementation of the Triangle Specific Plan has the potential to impact USACE and CDFW jurisdictional areas, riverine features pursuant to the MSHCP , and potentially suitable habitat for burrowing owl, The SEIR determined that with implementation of mitigation measures, impacts related to this threshold would be less than significant.
The Project represents the first development within the Specific Plan area and will construct 279,500 gsf of development, which represents partial implementation of the Specific Plan that was evaluated in the SEIR for The Triangle Specific Plan. No changes above and beyond what was analyzed in the SEIR would result in significant new or more severe impacts requiring mitigation. Thus, major revisions of the SEIR are not required.
Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
The conditions within the Project site are similar to the conditions that were described in the SEIR. The existing land uses and vegetative coverage within the Project site is similar to the conditions that existed when the SEIR was certified. There are no new habitat conservation plans applicable to the Project that were not applicable with the SEIR was certified.
New information (which was not known and could not have been known at the time the EIR was certified) available?
There is no new information related to this threshold.
Applicable Measures from the MMRP:
As outlined in the MMRP provided as Appendix B, the following are applicable to the Project:
• SCs 3-1 and 3-2; and
• MMs BIO-1; 3-1, 3-2, 3-3, 3-4, 3-5, 3-6, and 3-7.
Addendum to the Subsequent Environmental Impact Report
Prepared for The Triangle Specific Plan
S:\3CLA100100 - Triangle Retail\Consistency Evaluation\20240815_Fourth-Submittal\Triangle-SP_Addendum-081524.docx 4-21 Consistency Evaluation Pursuant to PRC Section 21166
4.5 CULTURAL RESOURCES
Consistency Evaluation
Would the Project:
a) Cause a substantial adverse change in the significance of a historical resource pursuant to Section 15064.5?
b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5?
c) Disturb any human remains, including those interred outside of formal cemeteries? No New or More Severe Impacts/ No Changes or New Information Requiring Preparation of an EIR Substantial changes proposed in Project which will require major revisions to the EIR? The overall Triangle Specific Plan was found in the SEIR to have a less than significant impact related to this threshold with implementation of mitigation measures. The SEIR determined implementation of the Triangle Specific Plan could impact unknown archaeological resources and/or human remains during grading and ground disturbance activities. However, the SEIR determined that with implementation of mitigation measures, the Project would have a less than significant impact related to this threshold.
The Project represents the first development within the Specific Plan area and will construct 279,500 gsf of development, which represents partial implementation of the Specific Plan that was evaluated in the SEIR for The Triangle Specific Plan. Therefore, the Project would result in less ground disturbance when compared to the overall Triangle Specific Plan that was analyzed in the SEIR. No changes above and beyond what was analyzed in the SEIR would result in significant new or more severe impacts requiring mitigation.
Thus, major revisions of the SEIR are not required.
Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
The conditions within the Project site are similar to the conditions that were described in the SEIR. The existing land uses and vegetative coverage within the Project site is similar to the conditions that existed when the SEIR was certified. No substantial changes have occurred that would increase wildlife movement or usage of the Project site.
New information (which was not known and could not have been known at the time the EIR was certified) available?
There is no new information related to this threshold.
Addendum to the Subsequent Environmental Impact Report
Prepared for The Triangle Specific Plan
S:\3CLA100100 - Triangle Retail\Consistency Evaluation\20240815_Fourth-Submittal\Triangle-SP_Addendum-081524.docx 4-22 Consistency Evaluation Pursuant to PRC Section 21166 Applicable Measures from the MMRP:
As outlined in the MMRP provided as Appendix B, the following are applicable to the Project:
• SCs 4-1 and 4-2; and
• MMs CULT-1, 4-1, and 4-2.
4.6 ENERGY
Consistency Evaluation
Would the Project:
a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? No New or More Severe Impacts/ No Changes or New Information Requiring Preparation of an EIR Substantial changes proposed in Project which will require major revisions to the EIR? The comprehensive energy usage of the approved Project was evaluated in the SEIR within the evaluation of the Triangle Specific Plan’s potential impacts related to air quality, greenhouse gas emissions, and utility services. Since the approval of the SEIR, energy standards have become more stringent. The Project will be required to implement the current more stringent requirements pertaining to energy efficiency for buildings and the provision of electric vehicle charging infrastructure. Additionally, the Project consists of only a portion of the approved development analyzed by the SEIR; therefore, the current Project would result in less energy consumption and vehicle trips (i.e., fuel consumption) than what was previously analyzed in the SEIR. As a result, the energy usage would be expected to be less than energy demands required for implementation of the SEIR.
The Project proposes land uses that are consistent with what was analyzed in the SEIR for the Triangle Specific Plan. Therefore, there is not a substantial change in the Project from what was evaluated in the SEIR. The Project would be required to comply with the current energy efficiency standards (Title 24); therefore, the impacts on energy resources associated with implementing the Project would be no more severe than what was previously addressed in the SEIR. Revisions to the SEIR are not required.
Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
Although there has been a change in some of the regulatory requirements associated with nonresidential development, these changes would serve to reduce the impact on energy resources. The Project would be required to comply with applicable Title 24 energy efficiency standards and CALGreen Code which is more energy efficient than the State of California’s building standards that were applicable at the time of Addendum to the Subsequent Environmental Impact Report
Prepared for The Triangle Specific Plan
S:\3CLA100100 - Triangle Retail\Consistency Evaluation\20240815_Fourth-Submittal\Triangle-SP_Addendum-081524.docx 4-23 Consistency Evaluation Pursuant to PRC Section 21166 the approved Project. As a result, there would not be new or substantially more severe impacts requiring major revisions to the SEIR.
New information (which was not known and could not have been known at the time the EIR was certified) available?
The SEIR analyzed energy impacts at it relates to air quality, GHG emissions, and utility services. Therefore, the overall energy demands were considered and would not constitute new information. The overall energy usage associated with nonresidential development has become more energy efficient since the preparation of the SEIR. With implementation of current codes, there are no new mitigation measures required to provide for greater energy efficiency. Therefore, there is no new information that would result in more severe impacts that was not known at the time the SEIR was prepared.
Applicable Measures from the MMRP:
There are no measures that are applicable to this resource topic.
4.7 GEOLOGY AND SOILS
Consistency Evaluation
Would the Project:
a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving:
i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault?
ii) Strong Seismic groundshaking?
No New or More Severe Impacts/No Changes or New Information Requiring Preparation of an EIR Substantial changes proposed in Project, which will require major revisions to the EIR? The overall Triangle Specific Plan was found in the SEIR to have a less than significant impact related to this threshold with implementation of mitigation measures. The SEIR determined that the Triangle Specific Plan is located in a seismically active region, and people and structures could be exposed to seismic ground shaking. However, with implementation of mitigation measures impacts would be reduced to less than significant levels related to earthquakes and strong seismic ground shaking.
The Project represents the first development within the Specific Plan area and will construct 279,500 gsf of development, which represents partial implementation of the Specific Plan that was evaluated in the SEIR for The Triangle Specific Plan. Therefore, the Project wo uld result in less ground disturbance when compared to the overall Triangle Specific Plan that was analyzed in the SEIR. No changes above and beyond Addendum to the Subsequent Environmental Impact Report
Prepared for The Triangle Specific Plan
S:\3CLA100100 - Triangle Retail\Consistency Evaluation\20240815_Fourth-Submittal\Triangle-SP_Addendum-081524.docx 4-24 Consistency Evaluation Pursuant to PRC Section 21166 what was analyzed in the SEIR would result in significant new or more severe impacts requiring mitigation.
Thus, major revisions of the SEIR are not required.
Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
The conditions within the Project site are similar to the conditions that were described in the SEIR.
New information (which was not known and could not have been known at the time the EIR was certified) available?
There is no new information related to this threshold.
iii) Seismic-related ground failure, including liquefaction? iv) Landslides?
c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the Project and potentially result in on - or off -site landslide, lateral spreading, subsidence, liquefaction or collapse?
d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property? No New or More Severe Impacts/No Changes or New Information Requiring Preparation of an EIR Substantial changes proposed in Project, which will require Major revisions to the EIR? The overall Triangle Specific Plan was found in the SEIR to have a less than significant impact related to these thresholds with implementation of mitigation measures. The SEIR determined that the Project site has a low potential for liquefaction. However, the underlying soils are potentially unstable and highly expansive soils. With implementation of mitigation measures, the overall Triangle Specific Plan was found to have less than significant impacts related to these thresholds.
The extent of Project impacts upon existing seismically -induced conditions, such as liquefaction and landslides, would be the same as analyzed in the SEIR since no increase in the overall developable area is proposed. No changes are proposed to the Project, except that the Project is an initial phase of the Project and only a portion of the overall square footage and number of buildings would be built during this phase.
Therefore, there would be no imp acts above and beyond what was analyzed in the previous SEIR.
Therefore, no new mitigation and no substantial changes to the SEIR would be required.
Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
The Project remains substantially the same with the exception of a reduction in the overall Project square footage and number of buildings. The context and circumstances for the Project have remained the same Addendum to the Subsequent Environmental Impact Report
Prepared for The Triangle Specific Plan
S:\3CLA100100 - Triangle Retail\Consistency Evaluation\20240815_Fourth-Submittal\Triangle-SP_Addendum-081524.docx 4-25 Consistency Evaluation Pursuant to PRC Section 21166 and not changed such that Project activities would result in a significant impact pertaining to liquefaction and landslides, requiring new mitigation. Thus, no substantial revisions to the SEIR would be required.
New information (which was not known and could not have been know at the time the EIR was certified) available?
There is no new information related to this threshold.
b) Result in substantial soil erosion or the loss of topsoil? No New or More Severe Impacts/No Changes or New Information Requiring Preparation of an EIR Substantial changes proposed in Project, which will require Major revisions to the EIR? The overall Triangle Specific Plan was found in the SEIR to have a less than significant impact related to soil erosion and loss of topsoil with implementation of mitigation measures.
The Project does not propose changes that would result in new impacts or increase the severity of previously analyzed impacts pertaining to soil erosion and loss of topsoil. Therefore, the Project would not require new mitigation measures or substantial changes to the SEIR as the impacts remain the same.
Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
The context and circumstances for the Project remain the same and have not changed since certification of the SEIR such that Project activities would result in a significant new impact or more severe impacts pertaining to soil erosion and loss of topsoil or require new mitigation. Thus, no substantial revisions to the SEIR would be required.
New information (which was not known and could not have been know at the time the EIR was certified) available?
There is no new information related to this threshold.
e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? No New or More Severe Impacts/No Changes or New Information Requiring Preparation of an EIR Substantial changes proposed in Project, which will require Major revisions to the EIR? The overall Triangle Specific Plan was found in the SEIR to have no impact related to this threshold because the Triangle Specific Plan would be connected to the municipal sewer system and does not propose any septic tanks. No new or more severe impacts would result that would require major revisions to the SEIR or new mitigation.
Addendum to the Subsequent Environmental Impact Report
Prepared for The Triangle Specific Plan
S:\3CLA100100 - Triangle Retail\Consistency Evaluation\20240815_Fourth-Submittal\Triangle-SP_Addendum-081524.docx 4-26 Consistency Evaluation Pursuant to PRC Section 21166 Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
No changes in circumstances have occurred that would result in new or more severe impacts that would require major revisions to the SEIR or new mitigation.
New information (which was not known and could not have been know at the time the EIR was certified) available?
There is no new information related to this threshold.
f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?
No New or More Severe Impacts/No Changes or New Information Requiring Preparation of an EIR Substantial changes proposed in Project, which will require major revisions to the EIR? Paleontological resources were evaluated in the SEIR for the Triangle Specific Plan within the cultural resources section, rather than providing this information in the Geology/Soils section as is common practice currently using the latest State CEQA Guidelines. The overall Triangle Specific Plan was found in the SEIR to have a less than significant impact related to paleontological resources with implementation of mitigation measures including MM 358 -CULT-1. The Project remains substantia lly the same with no increase in the extent of ground disturbance. The Project does not propose changes that would result in new impacts or increase the severity of previously analyzed impacts pertaining to paleontological resources. Therefore, the Project would not require substantial changes to the SEIR or new mitigation.
Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
No changes in circumstances have occurred that would result in new or more severe impacts that would require major revisions to the SEIR or new mitigation.
New information (which was not known and could not have been known at the time the EIR was certified) available?
There is no new information related to this threshold.
Applicable Measures from the MMRP:
As outlined in the MMRP provided as Appendix B, the following are applicable to the Project:
• SCs 5-1, 5-2, 5-3, and 5-4, and
• MMs CULT-1, GEO-1, GEO-2, GEO-3, GEO-4, GEO-5, GEO-6, GEO-7, and GEO-8.
Addendum to the Subsequent Environmental Impact Report
Prepared for The Triangle Specific Plan
S:\3CLA100100 - Triangle Retail\Consistency Evaluation\20240815_Fourth-Submittal\Triangle-SP_Addendum-081524.docx 4-27 Consistency Evaluation Pursuant to PRC Section 21166
4.8 GREENHOUSE GAS EMISSIONS
Consistency Evaluation
Would the Project:
a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment?
b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases?
No New or More Severe Impacts/ No Changes or New Information Requiring Preparation of an EIR
Substantial changes proposed in Project which will require major revisions to the EIR? The overall Triangle Specific Plan was found in the SEIR to have a less than significant impact related to this threshold with implementation of mitigation measures. The SEIR determined that the Triangle Specific Plan is substantially consistent with the City of Murrieta Climate Action Plan (CAP). However, the SEIR found that the Triangle Specific Plan is not consistent in the areas of public education and support for advanced technology vehicles. Mitigation measures were required to reduce impacts to less than significant levels related to gre enhouse gas emissions. Pursuant to the Climate Action Plan Consistency Checklist provided as Appendix D, the Project would be required to implement construction waste diversion, transportation demand management, electric vehicle, tree planting requirements. The Transportation Demand Management Memorandum that was prepared for this phase of the Project is provided as Appendix G (RK Engineering Group, Inc, 2024).
The Project has not substantially changed from the project addressed in the SEIR. There are no elements of the Project that would result in the generation of substantially greater GHG emissions compared to the emissions generated by the development evaluated in the SEIR. Since there is less square footage of development and fewer buildings currently proposed than were approved , there would be a commensurate reduction in the emissions generated by the Project than what was previously analyzed. In addition, the changes in the California Code of Regulations [CCR]) established to reduce California’s energy consumption (this is also discussed in Section 4.6, Energy) would have beneficial effects related to GHG emissions. The Project represents the first development within the Specific Plan area an d will construct 279,500 gsf of development, which represents partial implementation of the Specific Plan that was evaluated in the SEIR for The Triangle Specific Plan. The Project would result in fewer operational GHG emissions than was previously analyzed in the SEIR given that the P roject would develop 279,500 gsf, which is approximately 24 7,996 gsf less of development than the 527,496 gsf of development that is approved for Phases 1A, 1B, and 1C of the Project as shown in the SEIR. According to the updated trip generation information prepared for the Project, the Project would result in fewer daily trips than the trips that were evaluated for Phases 1A, 1B, and 1C within the SEIR (Claremont Law Group, Inc 2024). Therefore, mobile source GHG emissions would be reduced with the Project from what was approved for the Triangle Specific Plan.
Addendum to the Subsequent Environmental Impact Report
Prepared for The Triangle Specific Plan
S:\3CLA100100 - Triangle Retail\Consistency Evaluation\20240815_Fourth-Submittal\Triangle-SP_Addendum-081524.docx 4-28 Consistency Evaluation Pursuant to PRC Section 21166 As such, there are no substantial changes to the Project that would require major revisions to the SEIR.
Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
The context in which the Project would be implemented is not substantially different than what was evaluated in the SEIR. There have been no major land use changes or developments in the Project vicinity since the SEIR was certified. The Project is consistent with the land use and zoning for the Project site and the Project would not allow for any new development or uses beyond that previously authorized.
New information (which was not known and could not have been known at the time the EIR was certified) available?
The City has prepared a Climate Action Plan (CAP) that outlines actions that the City will undertake to achieve its proportional share of State GHG emissions reductions (City of Murrieta 2011a) . The CAP includes an emissions inventory, climate action strategies, and steps for implementation. The purpose of the City’s CAP Consistency Checklist is to, in conjunction with the CAP , provide a streamlined review process for proposed new development projects that are subject to discretionary review and that trigger environmental review pursuant to CEQA. A CAP Checklist has been prepared for the Project, which is attached as Appendix D. The Project shall implement construction waste diversion, transportation demand management, electric vehicle service equipment, and tree planting measures from the CAP to ensure consistency with City policies related to GHG emissions.
Applicable Measures from the MMRP:
As outlined in the MMRP provided as Appendix B, the following are applicable to the Project:
PDFs 11-1, 11-2, 11-3, 11-4, 11-5, 11-6, 11-7, 11-8, and 11-9. • SCs 9-5 and 9-6, and
• MMs 11-1, 11-2, and 11-3.
Addendum to the Subsequent Environmental Impact Report
Prepared for The Triangle Specific Plan
S:\3CLA100100 - Triangle Retail\Consistency Evaluation\20240815_Fourth-Submittal\Triangle-SP_Addendum-081524.docx 4-29 Consistency Evaluation Pursuant to PRC Section 21166
4.9 HAZARDS AND HAZARDOUS MATERIALS
Consistency Evaluation
Would the Project:
a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials?
b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? No New or More Severe Impacts/No Changes or New Information Requiring Preparation of an EIR Substantial changes proposed in Project, which will require major revisions to the EIR? The SEIR determined that the overall Triangle Specific Plan would have less than significant impacts related to the use and potential release of hazardous materials and that no mitigation was required beyond standard best practices.
The Project represents the first development within the Specific Plan area and will construct 279,500 gsf of development, which represents partial implementation of the Specific Plan that was evaluated in the SEIR for The Triangle Specific Plan. Therefore, the Project would result in the less transport, use, and storage of hazardous wastes/substances/materials when compared to the overall Triangle Specific Plan that was analyzed in the SEIR. No changes above and beyond what was analyzed in the SEIR would result in significant new or more severe impacts requiring mitigation. Thus, major revisions of the SEIR are not required.
Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
The context and circumstances for the Project have not changed such that construction and operation activities would result in a significant impact requiring mitigation. Thus, no substantial revisions to the SEIR or new mitigation would be required.
New information (which was not known and could not have been known at the time the EIR was certified) available?
There is no new information related to this threshold.
Addendum to the Subsequent Environmental Impact Report
Prepared for The Triangle Specific Plan
S:\3CLA100100 - Triangle Retail\Consistency Evaluation\20240815_Fourth-Submittal\Triangle-SP_Addendum-081524.docx 4-30 Consistency Evaluation Pursuant to PRC Section 21166 c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? No New or More Severe Impacts/No Changes or New Information Requiring Preparation of an EIR Substantial changes proposed in Project, which will require major revisions to the EIR? There are no existing or proposed schools within a one-quarter-mile radius of the Project site.
The Project would not result in an impact pertaining to emissions of hazardous materials, substances, or waste within 0.25 mile of an existing or proposed school that was not previously analyzed. Therefore, no substantial changes to the SEIR, and no mitigation is required.
Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
The context and circumstances for the Project have not changed such that construction and operation activities would result in a new impact or increase the severity of previous impacts pertaining to emissions of hazardous materials, substances, or waste within 0.25 mile of an existing or proposed school requiring mitigation.
New information (which was not known and could not have been known at the time the EIR was certified) available?
Regulations pertaining to hazardous materials have been updated since the SEIR was prepared; however, the nature of the materials associated with the proposed land uses have not substantially changed.
Existing regulations, such as the California Code of Regulations Title 22 establishes requirements pertaining to the storage, transportation, and disposal of hazardous materials. To meet the requirements, construction contractors are required to implement control measures for handling and storing vari ous types and quantities of regulated hazardous materials used. Any transport of hazardous materials facilities is also regulated at the federal (Title 49 of the Code of Federal Regulations) and State (Title 13 of the California Code of Regulations) regula tions. The new regulations would not result in a new impact that would require major revisions to the SEIR or new mitigation. d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment?
No New or More Severe Impacts/No Changes or New Information Requiring Preparation of an EIR Substantial changes proposed in Project, which will require major revisions to the EIR? The Project site is not included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 as of February 14, 2023 (CalEPA 2023a).
Addendum to the Subsequent Environmental Impact Report
Prepared for The Triangle Specific Plan
S:\3CLA100100 - Triangle Retail\Consistency Evaluation\20240815_Fourth-Submittal\Triangle-SP_Addendum-081524.docx 4-31 Consistency Evaluation Pursuant to PRC Section 21166 The Project would not involve any new areas of ground disturbance nor any new demolition that would have the potential to increase impacts related to this threshold . As such no changes are proposed that would result in new impact or increase the severity of previous impacts requiring mitigation. Therefore, no substantial changes to the SEIR or new mitigation are required.
Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
The context and circumstances under which the Project is being implemented have not changed. The Project site is still not included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962. As such there are no new circumstances that would result in a significant impact pertaining to being on a list of hazardous materials site. Thus, no su bstantial changes to the SEIR or new mitigation are required.
New information (which was not known and could not have been known at the time the EIR was certified) available?
There is no new information related to this threshold.
e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area? No New or More Severe Impacts/No Changes or New Information Requiring Preparation of an EIR Substantial changes proposed in Project, which will require major revisions to the EIR? The Project site is not within an airport land use plan and is not located within two miles of an airport.
According to the SEIR, the closest airport to the Project site is a general aviation facility located in French Valley, approximately three miles east of the Project. The Project site is outside the Airport Influence Area and identified Height Review Overlay Zones for this airport; therefore, the SEIR determined that the overall Triangle Specific Plan Project would have no impacts related to this threshold (RCALUC 2023a).
The Project represents the first development within the Specific Plan area and will construct 279,500 gsf of development, which represents partial implementation of the Specific Plan that was evaluated in the SEIR for The Triangle Specific Plan. No changes above and beyond what was analyzed in the SEIR would result in significant new or more severe impacts requiring mitigation. Thus, major revisions of the SEIR are not required.
Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
The Project site is not within an airport land use plan and is not located within two miles of an airport. The context and circumstances for the Project have not changed (e.g., construction of an airport in the area) such that Project implementation would result in a new significant impact or increase the severity of the Addendum to the Subsequent Environmental Impact Report
Prepared for The Triangle Specific Plan
S:\3CLA100100 - Triangle Retail\Consistency Evaluation\20240815_Fourth-Submittal\Triangle-SP_Addendum-081524.docx 4-32 Consistency Evaluation Pursuant to PRC Section 21166 previous impacts pertaining to safety hazard or excessive noise, requiring mitigation. Thus, no substantial revisions to the SEIR or new mitigation are required.
New information (which was not known and could not have been known at the time the EIR was certified) available?
There is no new information related to this threshold.
f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?
No New or More Severe Impacts/No Changes or New Information Requiring Preparation of an EIR Substantial changes proposed in Project, which will require major revisions to the EIR? The SEIR determined that the overall Triangle Specific Plan project would generate an increase in the amount and volume of traffic on local and regional roadway networks that could potentially impair implementation of emergency response; however, the Project would be required to design, construct, and maintain structures, roadways, and facilities to comply with applicable local, regional, State, and/or federal requirements related to emergency access and evacuation so there would be less than significant impacts.
The SEIR also noted that key transportation facilities that provide emergency access in the vicinity of the Project (e.g., Murrieta Hot Springs Road) would remain fully operational during construction and operation of the Project. Emergency. Therefore, the Project was determined to have less than significant impacts related to this threshold.
The Project represents the first development within the Specific Plan area and will construct 279,500 gsf of development, which represents partial implementation of the Specific Plan that was evaluated in the SEIR for The Triangle Specific Plan. No changes above and beyond what was analyzed in the SEIR would result in significant new or more severe impacts requiring mitigation. Thus, major revisions of the SEIR are not required.
Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
The conditions within the Project site are similar to the conditions that were described in the SEIR. There have been no major changes to the major arterial roadways near the Project site. Conditions remain similar to the conditions that existed when the SEIR was certified.
New information (which was not known and could not have been known at the time the EIR was certified) available?
There is no new information related to this threshold.
Addendum to the Subsequent Environmental Impact Report
Prepared for The Triangle Specific Plan
S:\3CLA100100 - Triangle Retail\Consistency Evaluation\20240815_Fourth-Submittal\Triangle-SP_Addendum-081524.docx 4-33 Consistency Evaluation Pursuant to PRC Section 21166 g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires?
No New or More Severe Impacts/No Changes or New Information Requiring Preparation of an EIR Substantial changes proposed in Project, which will require major revisions to the EIR? The SEIR did not specifically evaluate wildfire susceptibility; however, emergency response and impacts on public service providers including the fire department was evaluated in the SEIR for the overall Triangle Specific Plan. Less than significant impacts were determined with implementation of mitigation measures.
The Project represents the first development within the Specific Plan area and will construct 279,500 gsf of development, which represents partial implementation of the Specific Plan that was evaluated in the SEIR for The Triangle Specific Plan. Therefore, the Project would result in fewer vehicular trips and fewer buildings to respond to when compared to the overall Triangle Specific Plan that was analyzed in the SEIR.
No changes above and beyond what was analyzed in the SEIR would result in significant new or more severe impacts requiring mitigation. Thus, major revisions of the SEIR are not required.
Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
The conditions within the Project site are similar to the conditions that were described in the SEIR.
According to a review of the latest available mapping, the Project site is not located within a wildfire susceptibility zone (CALFIRE 2023).
New information (which was not known and could not have been known at the time the EIR was certified) available?
There is no new information related to this threshold.
Applicable Measures from the MMRP:
There are no measures that are applicable to this resource topic.
4.10 HYDROLOGY AND WATER QUALITY
Consistency Evaluation
Would the Project:
a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality?
e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan?
Addendum to the Subsequent Environmental Impact Report
Prepared for The Triangle Specific Plan
S:\3CLA100100 - Triangle Retail\Consistency Evaluation\20240815_Fourth-Submittal\Triangle-SP_Addendum-081524.docx 4-34 Consistency Evaluation Pursuant to PRC Section 21166 No New or More Severe Impacts/ No Changes or New Information Requiring Preparation of an EIR Substantial changes proposed in Project, which will require major revisions to the EIR? The Project represents the first development within the Specific Plan area and will construct 279,500 gsf of development, which represents partial implementation of the Specific Plan that was evaluated in the SEIR for The Triangle Specific Plan. The Project would result in less ground disturbance when compared to the overall Triangle Specific Plan that was analyzed in the SEIR. No changes above and beyond what was analyzed in the SEIR would result in significant new or more severe impacts requiring mitigation. Thus, major revisions of the SEIR are not required.
Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
No changes in Project context and circumstances have occurred such that a new or more severe water quality impact beyond what was analyzed, would result. The same requirements and standards discussed in previous analyses would still apply to the Project. Thus, no major revisions to the SEIR and new mitigation are required.
New information (which was not known and could not have been known at the time the EIR was certified) available?
There is no new information related to this threshold.
b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project impede sustainable groundwater management of the basin? No New or More Severe Impacts/ No Changes or New Information Requiring Preparation of an EIR Substantial changes proposed in Project, which will require major revisions to the EIR? As described in the SEIR, the major recharge areas for the Temecula Valley Groundwater Basin include the Warm Springs, Tucalota, Santa Gertrudis, Murrieta, and Pechanga Creeks and the Temecula River. None of these water bodies are located on the Project site; therefore, development of the Project was determined to not interfere with groundwater recharge. Water service to the Project site would be provided by the Eastern Municipal Water District (EMWD), which derives approximately 22 percent of their water supply from groundwater (EMWD 2020a) . However, the SEIR determined that the water demand that would result from implementation of the Triangle Specific Plan would not substantially deplete groundwater supplies. Therefore, no impact related to groundwater recharge or supplies would occur and no mitigation was required.
The Project does not include any changes that would adversely affect groundwater supplies or interfere substantially with groundwater recharge, resulting in a new or more severe impacts. Therefore, no major revisions to the SEIR or new mitigation are required.
Addendum to the Subsequent Environmental Impact Report
Prepared for The Triangle Specific Plan
S:\3CLA100100 - Triangle Retail\Consistency Evaluation\20240815_Fourth-Submittal\Triangle-SP_Addendum-081524.docx 4-35 Consistency Evaluation Pursuant to PRC Section 21166 Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
There have not been any changes in Project context or circumstances such that a new or more severe impacts pertaining to reduction in groundwater supplies would occur. No new impacts or increase in the severity of previous impacts would result. Thus, no ma jor revisions to the SEIR or new mitigation are required.
New information (which was not known and could not have been known at the time the EIR was certified) available?
There is no new information related to this threshold.
c) Substantially alter the existing drainage pattern of the site or area, including the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would:
a. result in substantial erosion or siltation on- or off-site; i. substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or offsite;
ii. create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or
iii. impede or redirect flood flows?
No New or More Severe Impacts/ No Changes or New Information Requiring Preparation of an EIR Substantial changes proposed in Project, which will require Major revisions to the EIR? The overall Triangle Specific Plan was found in the SEIR to have a less than significant impact related to soil erosion and loss of topsoil and related to substantially increase the rate and amount of surface runoff; however, with implementation of mitigation measures the overall Triangle Specific Plan would have less than significant impacts.
The Project remains substantially the same as the development analyzed in the Triangle Specific Plan SEIR.
There would be no additional impervious surfaces development as part of the Project that would further generate stormwater quantities in exceedance of the downstream drainage systems’ capacity The Project does not propose changes that would result in new impacts or increase the severity of previously analyzed impacts pertaining to soil e rosion and loss of topsoil. Therefore, the Project would not require new mitigation measures or substantial changes to the SEIR as impacts remain the same.
Addendum to the Subsequent Environmental Impact Report
Prepared for The Triangle Specific Plan
S:\3CLA100100 - Triangle Retail\Consistency Evaluation\20240815_Fourth-Submittal\Triangle-SP_Addendum-081524.docx 4-36 Consistency Evaluation Pursuant to PRC Section 21166 Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
The context and circumstances for the Project have remained the same and have not changed such that Project activities would result in a significant new impact or more severe impacts pertaining to soil erosion and loss of topsoil or require new mitigation. Thus, no substantial revisions to the SEIR would be required.
New information (which was not known and could not have been know at the time the EIR was certified) available?
There is no new information related to this threshold.
d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? No New or More Severe Impacts/ No Changes or New Information Requiring Preparation of an EIR Substantial changes proposed in Project, which will require major revisions to the EIR? The SEIR determined that the Project site is not located in proximity to a lake or ocean; therefore, no seiche- or tsunami-related impacts would occur. Additionally, mudflows are not expected to occur due to the Project site’s relatively flat topography, the nature of the Project site’s soils, and the type of improvements proposed for the Project site. Therefore, the SEIR determined no impacts related to this threshold.
The Project does not include any substantial changes that would further expose it to flood hazard, tsunami, or seiches. The current Project’s smaller amount of development and amount of impervious surface would be within what was calculated for the overall Triangle Specific Plan in the SEIR. Thus, no new or more severe impacts would result that would require major revisions to the SEIR or new mitigation.
Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
The conditions within the Project site are similar to the conditions that were described in the SEIR. There are no new water bodies in proximity to the Project site that did not exist when the SEIR was certified.
New information (which was not known and could not have been known at the time the EIR was certified) available?
There is no new information related to this threshold.
Applicable Measures from the MMRP:
As outlined in the MMRP provided as Appendix B, the following are applicable to the Project:
• PDFs 6-1, 6-2,
• SCs 6-1, 6-2, and 6-3; and
Addendum to the Subsequent Environmental Impact Report
Prepared for The Triangle Specific Plan
S:\3CLA100100 - Triangle Retail\Consistency Evaluation\20240815_Fourth-Submittal\Triangle-SP_Addendum-081524.docx 4-37 Consistency Evaluation Pursuant to PRC Section 21166 • MMs H-1, H-2, and H-3.
4.11 LAND USE AND PLANNING
Consistency Evaluation
Would the Project:
a) Physically divide an established community?
No New or More Severe Impacts/ No Changes or New Information Requiring Preparation of an EIR Substantial changes proposed in Project which will require major revisions to the EIR? The SEIR found that the Project site is surrounded by highways and urban land uses and would represent a continuation of existing urban development; therefore, implementation of the overall Triangle Specific Plan would not physically divide an established community.
The Project represents the first development within the Specific Plan area and will construct 279,500 gsf of development, which represents partial implementation of the Specific Plan that was evaluated in the SEIR for The Triangle Specific Plan. This would result in fewer daily trips than the trips that were evaluated for Phases 1A, 1B, and 1C within the SEIR (Claremont Law Group, Inc 2024).
Since the overall specific plan would have no impact related to this threshold, the Project would similarly have no impact.
Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
The conditions within the Project site are similar to the conditions that were described in the SEIR. Several residential projects are being developed north of the Project Site; however, the Project has no potential to physically divide these residential areas. Therefore, existing conditions are similar to the conditions that existed when the SEIR was certified.
New information (which was not known and could not have been known at the time the EIR was certified) available?
There is no substantial new information related to this threshold. b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? No New or More Severe Impacts/ No Changes or New Information Requiring Preparation of an EIR Addendum to the Subsequent Environmental Impact Report
Prepared for The Triangle Specific Plan
S:\3CLA100100 - Triangle Retail\Consistency Evaluation\20240815_Fourth-Submittal\Triangle-SP_Addendum-081524.docx 4-38 Consistency Evaluation Pursuant to PRC Section 21166 Substantial changes proposed in Project which will require major revisions to the EIR? The SEIR determined that implementation of The Triangle Specific Plan would be consistent with the applicable land use and planning-related goals and policies of local and regional regulatory and planning documents. The Triangle Specific Plan included discretionary actions including a General Plan Amendment, Specific Plan Amendment, and other approvals.
The current Project is consistent with the existing land use designation for the Project site and is being designed consistent with applicable design guidelines, etc. There are no substantial changes in the Project that would result in new or more severe impacts that would require major revisions to the SEIR and no new mitigation.
Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
The Project is consistent with the existing land use designation for the Project site. There have not been any changes in the Project’s context or circumstances such that a new or more severe impact would occur.
Thus, no major revisions to the SEIR or new mitigation are required.
Based on the review of applicable documents, the Project would not result in new or more severe impacts due to a conflict with any policies and regulations that serve to reduce environmental impacts.
New information (which was not known and could not have been known at the time the EIR was certified) available?
There is no new information related to this threshold.
Applicable Measures from the MMRP:
As outlined in the MMRP provided as Appendix B, the following are applicable to the Project:
• SC 7-1.
4.12 MINERAL RESOURCES
Consistency Evaluation
Would the Project:
Addendum to the Subsequent Environmental Impact Report
Prepared for The Triangle Specific Plan
S:\3CLA100100 - Triangle Retail\Consistency Evaluation\20240815_Fourth-Submittal\Triangle-SP_Addendum-081524.docx 4-39 Consistency Evaluation Pursuant to PRC Section 21166 a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state?
b) Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? No New or More Severe Impacts/No Changes or New Information Requiring Preparation of an EIR Substantial changes proposed in Project, which will require major revisions to the EIR? The SEIR determined that the Triangle Specific Plan would have no impacts related to mineral resources.
The Project represents the first development within the Specific Plan area and will construct 279,500 gsf of development, which represents partial implementation of the Specific Plan that was evaluated in the SEIR for The Triangle Specific Plan.
Given that implementation of the overall specific plan would have no impact related to this threshold, it is presumed that this Project would similarly have no impact.
Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
The conditions within the Project site are similar to the conditions that were described in the SEIR. There are no new mineral resource extraction sites in the Project vicinity according to online mapping maintained by the California Department of Conservation (DOC 2023b, 2023c).
New information (which was not known and could not have been known at the time the EIR was certified) available?
There is no new information related to this threshold.
Applicable Measures from the MMRP:
There are no measures that are applicable to this resource topic.
Addendum to the Subsequent Environmental Impact Report
Prepared for The Triangle Specific Plan
S:\3CLA100100 - Triangle Retail\Consistency Evaluation\20240815_Fourth-Submittal\Triangle-SP_Addendum-081524.docx 4-40 Consistency Evaluation Pursuant to PRC Section 21166
4.13 NOISE
Consistency Evaluation
Would the Project:
a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Substantial changes proposed in Project, which will require major revisions to the EIR? The SEIR determined that implementation of the Triangle Specific Plan would result in significant construction noise impacts that would be reduced to less than significant levels with mitigation that was incorporated into the Project. The SEIR determined that due to distance and the fact that no pile driving and blasting was proposed as part of the construction of the specific plan, that construction activities would not generate significant vibration levels to sensitive receptors in the study area.
The Project represents the first development within the Specific Plan area and will construct 279,500 gsf of development, which represents partial implementation of the Specific Plan that was evaluated in the SEIR for The Triangle Specific Plan.
Therefore, the Project would result in less noise impacts when compared to the overall Triangle Specific Plan that was analyzed in the SEIR. No new construction methods are being proposed that would increase construction noise levels. No changes above and beyond what was analyzed in the SEIR would result in significant new or more severe impacts requiring mitigation. Thus, major revisions of the SEIR are not required.
Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
The conditions within the Project site are similar to the conditions that were described in the SEIR. There are no new sensitive receptors near the Project site that could be impacted by construction or operational noise levels. Several residential projects are being developed north of the Project Site; however, the Project would not result in substantial noise impacts to these receptors given the distance of these receptors from the Project site relative to receptors that were analyzed in the SEIR.
New information (which was not known and could not have been known at the time the EIR was certified) available?
There is no new information related to this threshold.
Addendum to the Subsequent Environmental Impact Report
Prepared for The Triangle Specific Plan
S:\3CLA100100 - Triangle Retail\Consistency Evaluation\20240815_Fourth-Submittal\Triangle-SP_Addendum-081524.docx 4-41 Consistency Evaluation Pursuant to PRC Section 21166 b) Generation of excessive groundborne vibration or groundborne noise levels? Substantial changes proposed in Project, which will require major revisions to the EIR? The SEIR reported that due to distance and the fact that no pile driving and blasting is expected to occur during construction, construction activities would not generate significant vibration levels to sensitive receptors in the study area. The SEIR determined that the Triangle Specific Plan would have less than significant impacts related to this threshold, and that no mitigation was required.
The Project has not substantially changed from what was evaluated in the SEIR. The Project would result in comparable or less vibration from construction compared to what was previously analyzed due to the limited amount of construction anticipated. There would be no new areas of heavy construction equipment use proposed as part of the Project that would bring vibration generating construction activities closer to offsite uses, and land uses would not be situated closer to sensitive receptors when compared to the approved Project. Construction and operations phase vibration would be less than what was disclosed in the SEIR. Consequently, there are no substantial changes proposed in Project that will require major revisions to the SEIR.
Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
The conditions within the Project site are similar to the conditions that were described in the SEIR. There are no new structures near the Project site that would be impacted by vibration that would result from Project construction.
New information (which was not known and could not have been known at the time the EIR was certified) available?
There is no new information related to this threshold.
c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the Project expose people residing or working in the project area to excessive noise levels? The Project site is not within an airport land use plan and is not located within two miles of an airport.
The Project represents the first development within the Specific Plan area and will construct 279,500 gsf of development, which represents partial implementation of the Specific Plan that was evaluated in the SEIR for The Triangle Specific Plan. No changes above and beyond what was analyzed in the SEIR would result in significant new or more severe impacts requiring mitigation. Thus, major revisions of the SEIR are not required.
Addendum to the Subsequent Environmental Impact Report
Prepared for The Triangle Specific Plan
S:\3CLA100100 - Triangle Retail\Consistency Evaluation\20240815_Fourth-Submittal\Triangle-SP_Addendum-081524.docx 4-42 Consistency Evaluation Pursuant to PRC Section 21166 Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
There are no new airports in proximity to the Project site, nor does the Project involve any improvements that are any closer to existing airports.
New information (which was not known and could not have been known at the time the EIR was certified) available?
There is no new information related to this threshold.
Applicable Measures from the MMRP:
As outlined in the MMRP provided as Appendix B, the following are applicable to the Project:
• SCs 8-1, and 8-2; and
• MMs N-1, N-2, 8-1, 8-2, 8-3, and 8-4.
4.14 POPULATION AND HOUSING
Consistency Evaluation
Would the Project:
a) Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)?
No New or More Severe Impacts/ No Changes or New Information Requiring Preparation of an EIR Substantial changes proposed in Project, which will require major revisions to the EIR? The SEIR determined that implementation of the Triangle Specific Plan would not involve the development of new residential units . Therefore, the specific plan was not expected to result in the generation of additional residents in the City. Potential indirect effects of the Project related to the e mployment opportunities from these uses would be accommodated from the local labor and were not anticipated to result in any significant impacts requiring mitigation.
The Project represents the first development within the Specific Plan area and will construct 279,500 gsf of development, which represents partial implementation of the Specific Plan that was evaluated in the SEIR for The Triangle Specific Plan. No changes above and beyond what was analyzed in the SEIR would result in significant new or more severe impacts requiring mitigation. Thus, major revisions of the SEIR are not required.
Addendum to the Subsequent Environmental Impact Report
Prepared for The Triangle Specific Plan
S:\3CLA100100 - Triangle Retail\Consistency Evaluation\20240815_Fourth-Submittal\Triangle-SP_Addendum-081524.docx 4-43 Consistency Evaluation Pursuant to PRC Section 21166 Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
The conditions within and adjacent to the Project site are similar to the conditions that were described in the SEIR. Several residential projects are being developed north of the Project Site; however, the Project has no potential to induce new growth in these areas beyond what is already occurring independently of the Project.
New information (which was not known and could not have been known at the time the EIR was certified) available?
There is no new information related to this threshold.
b) Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere?
No New or More Severe Impacts/ No Changes or New Information Requiring Preparation of an EIR Substantial changes proposed in Project, which will require major revisions to the EIR? The SEIR determined that since the Project site was vacant and undeveloped, that development of the Triangle Specific Plan would not result in the displacement of any existing housing and would not necessitate a need for the construction of replacement housing elsewhere. For this reason, no impacts associated with the displacement of existing housing would occur and no mitigation measures are required.
The Project represents the first development within the Specific Plan area and will construct 279,500 gsf of development, which represents partial implementation of the Specific Plan that was evaluated in the SEIR for The Triangle Specific Plan.
Given that the overall Triangle Specific Plan project would have no impacts related to existing housing, the Project would similarly have no impacts . No changes above and beyond what was analyzed in the SEIR would result in significant new or more severe impacts requiring mitigation. Thus, major revisions of the SEIR are not required.
Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
The conditions within the Project site are similar to the conditions that were described in the SEIR. Several residential projects are being developed north of the Project Site; however, the Project would not remove any of this housing or otherwise necessitate the construction of replacement housing elsewhere.
New information (which was not known and could not have been known at the time the EIR was certified) available?
There is no new information related to this threshold.
Addendum to the Subsequent Environmental Impact Report
Prepared for The Triangle Specific Plan
S:\3CLA100100 - Triangle Retail\Consistency Evaluation\20240815_Fourth-Submittal\Triangle-SP_Addendum-081524.docx 4-44 Consistency Evaluation Pursuant to PRC Section 21166 Applicable Measures from the MMRP:
There are no measures that are applicable to this resource topic.
4.15 PUBLIC SERVICES
Consistency Evaluation
Would the Project:
a) Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services:
i) Fire protection?
No New or More Severe Impacts/No Changes or New Information Requiring Preparation of an EIR Substantial changes proposed in Project, which will require major revisions to the EIR? The SEIR determined that implementation of the Triangle Specific Plan would increase the demand for fire protection and emergency medical services; however, it would not result in the need for the construction of new or expanded facilities and that no physical environmental impacts would result. Less than significant impacts were anticipated with implementation of mitigation measures.
The current Project is constructing 279,500 square feet which is the equivalent or lesser than what was analyzed in Phase 1c of the SEIR. The Project is consistent with the Triangle Specific Plan and what was analyzed in the SEIR with regards to affecting fire protection services. No changes above and beyond what was analyzed in the SEIR would result in significant new or more severe impacts requiring mitigation. Thus, major revisions of the SEIR are not required.
Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
The conditions within the Project site are similar to the conditions that were described in the SEIR. The Project site is not mapped as being susceptible for wildfire (CALFIRE 2023). No new vegetation has established that would constitute an increased fire risk from that which previously existed within the Project site at the time the SEIR was certified.
New information (which was not known and could not have been known at the time the EIR was certified) available?
There is no new information related to this threshold.
Addendum to the Subsequent Environmental Impact Report
Prepared for The Triangle Specific Plan
S:\3CLA100100 - Triangle Retail\Consistency Evaluation\20240815_Fourth-Submittal\Triangle-SP_Addendum-081524.docx 4-45 Consistency Evaluation Pursuant to PRC Section 21166 ii) Police protection?
No New or More Severe Impacts/No Changes or New Information Requiring Preparation of an EIR Substantial changes proposed in Project, which will require major revisions to the EIR? The SEIR determined that implementation of the Triangle Specific Plan would increase the demand for police protection; however, it would not result in the need for the construction of new or expanded facilities and that no physical environmental impacts would result. Less than significant impacts were anticipated with implementation of mitigation measures.
The current Project is constructing 279,5 00 square feet which is the equivalent or lesser than what was analyzed in Phase 1c of the SEIR. The Project is consistent with the Triangle Specific Plan and what was analyzed in the SEIR with regards to affecting fire protection services. No changes above and beyond what was analyzed in the SEIR would result in significant new or more severe impacts requiring mitigation. Thus, major revisions of the SEIR are not required.
Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
The conditions within the Project site are similar to the conditions that were described in the SEIR. Several residential projects are being developed north of the Project Site that would increase demand for public services. However, each of these developments would be required to pay development impact fees to ensure adequate public service levels of service are maintained.
New information (which was not known and could not have been known at the time the EIR was certified) available?
There is no new information related to this threshold.
iii) Schools?
No New or More Severe Impacts/No Changes or New Information Requiring Preparation of an EIR Substantial changes proposed in Project, which will require major revisions to the EIR? The SEIR determined that the Project would not involve the development of residential uses; therefore, no new students would be generated by implementation of the Triangle Specific Plan project. Likewise, the Project would not involve the development of residential uses and no new students would be generated by implementation of the Project. There would not be a need for the provision of new or altered school facilities. Although the Project would not generate new students, the Property Owner/Developer would be required to pay construction fees (also known as “developer’s fees”) pursuant to California Government Code, Section 65995. The payment of school mitigation impact fees is deemed to provide “full and complete mitigation of impacts” from the development of real property on school facilities (California Government Code §65995). No impacts would result and no mitigation measures are necessary.
Addendum to the Subsequent Environmental Impact Report
Prepared for The Triangle Specific Plan
S:\3CLA100100 - Triangle Retail\Consistency Evaluation\20240815_Fourth-Submittal\Triangle-SP_Addendum-081524.docx 4-46 Consistency Evaluation Pursuant to PRC Section 21166 The Project represents the first development within the Specific Plan area and will construct 279,500 gsf of development, which represents partial implementation of the Specific Plan that was evaluated in the SEIR for The Triangle Specific Plan. Given that the overall specific plan would have no impacts related to this threshold, it is presumed that the current Project would similarly have no impacts.
Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
The Project does not include the development of residential land uses, and thus, would not result in the direct generation of school-aged children. No changes in circumstances have occurred that would result in new significant impacts or increase the severity of prev ious impacts. Thus, no major revisions to the SEIR and new mitigation would be required.
New information (which was not known and could not have been known at the time the EIR was certified) available?
There is no new information related to this threshold.
iv) Parks?
v) Other public facilities?
No New or More Severe Impacts/No Changes or New Information Requiring Preparation of an EIR Substantial changes proposed in Project, which will require major revisions to the EIR? The SEIR determined that implementation of the Triangle Specific Plan does not involve the development of residential uses; therefore, there would be no associated increase in population and there would not be a substantial increase in the demand for parks, recreational facilities, and/or libraries. Therefore, the SEIR determined that there would not be a need for the provision of new or altered parks or libraries, nor would there be any physical impacts associated with the construction of such facilities. Therefore, the SEIR found that there would be less than significant impacts related to these thresholds with implementation of mitigation measures, including payment of in-lieu-fees.
The Project represents the first development within the Specific Plan area and will construct 279,500 gsf of development, which represents partial implementation of the Specific Plan that was evaluated in the SEIR for The Triangle Specific Plan. Therefore, the Project would result in reduced demand for parks, recreational facilities, and libraries as was determined in the SEIR for the Triangle Specific Plan. No changes above and beyond what was analyzed in the SEIR would result in significant new or more severe impacts requiring mitigation. Thus, major revisions of the SEIR are not required.
Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
The conditions within the Project site are similar to the conditions that were described in the SEIR. Several residential projects are being developed north of the Project Site that would increase demand for parks, Addendum to the Subsequent Environmental Impact Report
Prepared for The Triangle Specific Plan
S:\3CLA100100 - Triangle Retail\Consistency Evaluation\20240815_Fourth-Submittal\Triangle-SP_Addendum-081524.docx 4-47 Consistency Evaluation Pursuant to PRC Section 21166 libraries, and other public facilities. However, each of these developments would be required to pay development impact fees to ensure adequate parks , libraries, and other public facilities are maintained and expanded to accommodate the additional population that would result from these developments.
New information (which was not known and could not have been known at the time the EIR was certified) available?
There is no new information related to this threshold.
Applicable Measures from the MMRP:
As outlined in the MMRP provided as Appendix B, the following are applicable to the Project:
• PDFs 9-1, 9-2, 9-3, 9-4, 9-5, and 9-6;
• SCs 9-1, 9-2, 9-3, and 9-4; and
• MMs PSU-1, PSU-2, PSU-3, and 9-1.
4.16 RECREATION
Consistency Evaluation
Would the Project:
a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? Substantial changes proposed in Project, which will require major revisions to the EIR? The SEIR determined that implementation of the Triangle Specific Plan does not involve the development of residential uses; therefore, there would be no associated increase in population and there would not be a substantial increase in the demand for parks and recreational facilities. Therefore, the SEIR determined that there would not be a need for the provision of new or altered parks or recreational facilities, nor would there be any physical impacts associated with the construction of such facilities.
Therefore, the SEIR found that there would be less than significant impacts related to these thresholds with implementation of mitigation measures, including payment of in-lieu-fees.
The Project represents the first development within the Specific Plan area and will construct 279,500 gsf of development, which represents partial implementation of the Specific Plan that was evaluated in the SEIR for The Triangle Specific Plan. Therefore, the Project would result in reduced demand for parks and recreational facilities than was calculated in the SEIR for the Triangle Specific Plan. No changes above and beyond what was analyzed in the SEIR would result in significant new or more severe impacts requiring mitigation. Thus, major revisions of the SEIR are not required.
Addendum to the Subsequent Environmental Impact Report
Prepared for The Triangle Specific Plan
S:\3CLA100100 - Triangle Retail\Consistency Evaluation\20240815_Fourth-Submittal\Triangle-SP_Addendum-081524.docx 4-48 Consistency Evaluation Pursuant to PRC Section 21166 Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
The conditions within the Project site are similar to the conditions that were described in the SEIR. Several residential projects are being developed north of the Project Site that would increase demand for recreational facilities. However, each of these developments would be required to pay development impact fees to ensure adequate recreational facilities are maintained and expanded to accommodate the additional population that would result from these developments.
New information (which was not known and could not have been known at the time the EIR was certified) available?
There is no new information related to this threshold.
Applicable Measures from the MMRP:
There are no measures that are applicable to this resource topic.
4.17 TRANSPORTATION
Consistency Evaluation
Would the Project:
a) Conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities?
c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses?
d) Result in inadequate emergency access?
No New or More Severe Impacts/No Changes or New Information Requiring Preparation of an EIR Substantial changes proposed in Project, which will require major revisions to the EIR? The SEIR determined that the Triangle Specific Plan would result in potentially significant direct Project impacts at seven study intersections related to Level of Service (LOS). The impacts would be less than significant at these intersections due to improvements that have already been made by others, payment of a Development Impact Fee and through implementation of mitigation measures identified in the SEIR.
The Triangle Specific Plan was found to have potentially significant cumulative impacts at 13 study intersections. The impacts would be less than s ignificant at four intersections due to improvements that have already been made by others, or payment of development impact fees. Also, implementation of the specific plan was found in the SEIR to have the potential to result in direct and cumulative impacts to the freeway mainline segments along I-15 and I-215 that would require mitigation.
Addendum to the Subsequent Environmental Impact Report
Prepared for The Triangle Specific Plan
S:\3CLA100100 - Triangle Retail\Consistency Evaluation\20240815_Fourth-Submittal\Triangle-SP_Addendum-081524.docx 4-49 Consistency Evaluation Pursuant to PRC Section 21166 A Trip Generation Memorandum was prepared for the Project, which provides updated trip generation for the Project’s proposed land uses. Since the Project is a subset of the overall square footage of the Triangle Specific Plan, the Trip Generation Memorandum provides data that show that the Project would result in fewer overall daily trips when compared to the overall Triangle Specific Plan. Also, the Project’s proposed uses would result in fewer daily trips than the trips that were evaluated for Phases 1A, 1B, and 1C within the SEIR (22,541 daily trips for Phase 1c of the Triangle Specific Plan as shown in the SEIR vs 19,248 daily trips for the Project). As such, there are no substantial changes to the Project that would require major revisions to the SEIR. Trip generation rates and a trip generation summary for the Project are provided in Table 4.17-1 and Table 4.17-2 respectively.
Table 4.17-1 – Trip Generation Rates
Addendum to the Subsequent Environmental Impact Report
Prepared for The Triangle Specific Plan
S:\3CLA100100 - Triangle Retail\Consistency Evaluation\20240815_Fourth-Submittal\Triangle-SP_Addendum-081524.docx 4-50 Consistency Evaluation Pursuant to PRC Section 21166 Table 4.17-2 – Trip Generation Summary
Construction traffic and construction work within the roadway right -of-way for roadway improvements would contribute to congestion of the local roadways. However, this condition would be temporary in nature and would not represent a significant impact. Miti gation measures were also specified related to construction traffic.
The SEIR determined that implementation of the Triangle Specific Plan would not conflict with the Riverside County Congestion Management Program.
Also, the SEIR determined that with construction of the internal connector road and primary entry driveways, the Triangle Specific Plan would provide adequate emergency access.
Addendum to the Subsequent Environmental Impact Report
Prepared for The Triangle Specific Plan
S:\3CLA100100 - Triangle Retail\Consistency Evaluation\20240815_Fourth-Submittal\Triangle-SP_Addendum-081524.docx 4-51 Consistency Evaluation Pursuant to PRC Section 21166 As described in the SEIR, the specific plan would provide adequate pedestrian connectivity through the provision of a meandering sidewalk to access the Project site from Murrieta Hot Springs Road. Bicycle connectivity and amenities would also be provided for through implementation of project design features and mitigation measures.
As described in the SEIR, the specific plan would include roadway improvements that would be designed and constructed to satisfy all City requirements for street widths, corner radii, intersection control, and other related issues. Adherence to applicable City requirements would ensure the proposed development would not include any sharp curves or dangerous intersections. Therefore, no substantial increase in hazards due to a design feature would occur and no mitigation measures were determined to be necessary for the specific plan.
The Project represents the first development within the Specific Plan area and will construct 279,500 gsf of development, which represents partial implementation of the Specific Plan that was evaluated in the SEIR for The Triangle Specific Plan. Therefore, the Project would result in fewer vehicular trips when compared to the overall Triangle Specific Plan that was analyzed in the SEIR.
Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
New development is occurring north of the Project site that would alter traffic patterns. Therefore, an updated traffic analysis was performed by Rick Engineering which accounts for the new development in the area and current traffic volumes.
New information (which was not known and could not have been known at the time the EIR was certified) available?
There is no new information related to this threshold.
b) Would the project conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)? No New or More Severe Impacts/No Changes or New Information Requiring Preparation of an EIR Substantial changes proposed in Project, which will require major revisions to the EIR? The SEIR for the Triangle Specific Plan found that the specific plan would result in reductions in vehicle miles traveled (VMT), although this particular threshold was not included in the State CEQA guidelines at the time . Specifically, the SEIR stated that proposed development would create jobs in the retail, restaurant, entertainment and hotel sectors and would attract business and jobs that would help to improve the jobs/housing balance and reducing VMT.
The Project represents the first development within the Specific Plan area and will construct 279,500 gsf of development, which represents partial implementation of the Specific Plan that was evaluated in the SEIR for The Triangle Specific Plan. Therefore, the Project would result in fewer VMT associated with the trips taken to/from the Project site. However, there would also be a smaller amount of VMT reductions Addendum to the Subsequent Environmental Impact Report
Prepared for The Triangle Specific Plan
S:\3CLA100100 - Triangle Retail\Consistency Evaluation\20240815_Fourth-Submittal\Triangle-SP_Addendum-081524.docx 4-52 Consistency Evaluation Pursuant to PRC Section 21166 associated with the new jobs that would be created in areas where a jobs/housing imbalance currently continues to exist.
Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
Effective July 1, 2020, CEQA’s methodology for evaluating traffic impacts has shifted from an LOS analysis to a VMT analysis. While this does not constitute a change in the Project, it should be noted that, while the SEIR evaluated traffic impacts using VMT methodology, the air quality analysis in the SEIR did calculate the VMT associated with the Project.
There have not been substantial changes in circumstances since the approval of the SEIR. The City is suburban in nature. There have been no changes, such as the rerouting or deletion of a high-quality transit corridor that would change the traffic impact analysis. The overall number of trips, and consequently the VMT, associated with the Project would be less than what was previously evaluated in the SEIR; therefore, impacts associated with the Project would be less than what was previousl y addressed, and no major revisions to the SEIR are required.
New information (which was not known and could not have been known at the time the EIR was certified) available?
The passage of SB 743 required the evaluation of VMT in CEQA documents; however, this does not constitute new information pursuant to CEQA. Nonetheless, for information purposes, the Project would reduce the number of trips and associated VMT compared to the overall approved Triangle Specific Plan.
Therefore, the Project would not result in any new or substantially greater impacts and no major revisions to the SEIR are required.
Applicable Measures from the MMRP:
As outlined in the MMRP provided as Appendix B, the following are applicable to the Project:
• PDFs 10-1, 10-2, 10-3, 10-4, 10-5, 10-6, 10-7, and 10-8; and • MMs 10-1, 10-2, 10-3, and 10-4.
4.18 TRIBAL CULTURAL RESOURCES
Consistency Evaluation
Would the Project:
a) Cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code Section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:
Addendum to the Subsequent Environmental Impact Report
Prepared for The Triangle Specific Plan
S:\3CLA100100 - Triangle Retail\Consistency Evaluation\20240815_Fourth-Submittal\Triangle-SP_Addendum-081524.docx 4-53 Consistency Evaluation Pursuant to PRC Section 21166
1. Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code Section 5020.1(k)?
2. A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1? In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe.
No New or More Severe Impacts/ No Changes or New Information Requiring Preparation of an EIR Substantial changes proposed in Project which will require major revisions to the EIR? Tribal cultural resources was not an independent resource topic within the State CEQA Guidelines at the time the SEIR was certified. However, tribal cultural resources was evaluated as a part of the cultural resources that was conducted. The overall Triangle Specific Plan was found in the SEIR to have a less than significant impact related to cultural resources with implementation of mitigation measures. The SEIR determined implementation of the Triangle Specific Plan could impact unknown archaeological resources and/or human remains during grading and ground disturbance activities. However, the SEIR determined that with implementation of mitigation measures, the Project would have a less than significant impact related to this threshold.
The Project represents the first development within the Specific Plan area and will construct 279,500 gsf of development, which represents partial implementation of the Specific Plan that was evaluated in the SEIR for The Triangle Specific Plan. The Project would result in less ground disturbance when compared to the overall Triangle Specific Plan that was analyzed in the SEIR. No changes above and beyond what was analyzed in the SEIR would result in significant new or more severe impacts requiring mitigation. Thus, major revisions of the SEIR are not required.
Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
The conditions within the Project site are similar to the conditions that were described in the SEIR. There are no new tribal cultural resources, or other cultural resources, known to occur within the Project site that were not known when the SEIR was certified. Updated tribal consultation was conducted by the City for the Project in 2024 pursuant to the requirements of Senate Bill 18 ; however, no substantial new information on the potential for tribal cultural resources in the Project site came from this consultation.
New information (which was not known and could not have been known at the time the EIR was certified) available?
There is no new information related to this threshold.
Addendum to the Subsequent Environmental Impact Report
Prepared for The Triangle Specific Plan
S:\3CLA100100 - Triangle Retail\Consistency Evaluation\20240815_Fourth-Submittal\Triangle-SP_Addendum-081524.docx 4-54 Consistency Evaluation Pursuant to PRC Section 21166 Applicable Measures from the MMRP:
As outlined in the MMRP provided as Appendix B, the following are applicable to the Project:
• SCs 4-1 and 4-2; and
• MMs CULT-1, 4-1, and 4-2.
Addendum to the Subsequent Environmental Impact Report
Prepared for The Triangle Specific Plan
S:\3CLA100100 - Triangle Retail\Consistency Evaluation\20240815_Fourth-Submittal\Triangle-SP_Addendum-081524.docx 4-55 Consistency Evaluation Pursuant to PRC Section 21166
4.19 UTILITIES AND SERVICE SYSTEMS
Consistency Evaluation
Would the Project:
a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? No New or More Severe Impacts/ No Changes or New Information Requiring Preparation of an EIR Substantial changes proposed in Project, which will require major revisions to the EIR? Electricity and Natural Gas
The SEIR determined that development of The Triangle Specific Plan would generate new demand for electricity and natural gas on the Project site, requiring the installation of electrical and natural gas infrastructure; however, with implementation of project design features and mitigation measures there would be a less than significant impact related to electricity and natural gas.
Potable Water and Sewerage
The SEIR found that anticipated water demand and wastewater generation would require construction of water and wastewater infrastructure. With construction of required infrastructure for water and sewerage, it was determined that the Triangle Specific Plan would not exceed available capacity of the EMWD wastewater treatment facilities.
Wastewater Treatment
The SEIR determined that wastewater originating from the Project site would ultimately be treated by facilities owned and operated by the EMWD. The wastewater treatment requirements issued by the State Regional Water Quality Control Board (RWQCB) for EMWD’s treatment plant were developed to ensure that adequate levels of treatment would be provided for the wastewater flows emanating from all land uses within its service area; therefore, the wastewater from the Project site would not cause the treatment plant to exceed these treatment requirements according to the SEIR. Therefore, the SEIR found that implementation of the specific plan would have no impacts and no mitigation would be required related to wastewater treatment.
Conclusion
The Project would result in less demands on public utilities given that the Project represents the first development within the Specific Plan area and will construct 279,500 gsf of development, which represents only partial implementation of the Specific Plan that was evaluated in the SEIR for The Triangle Specific Plan. No changes above and beyond what was analyzed in the SEIR would result in significant new or more severe impacts requiring mitigation. Thus, major revisions of the SEIR are not required.
Addendum to the Subsequent Environmental Impact Report
Prepared for The Triangle Specific Plan
S:\3CLA100100 - Triangle Retail\Consistency Evaluation\20240815_Fourth-Submittal\Triangle-SP_Addendum-081524.docx 4-56 Consistency Evaluation Pursuant to PRC Section 21166 Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
The conditions within the Project site are similar to the conditions that were described in the SEIR. The building efficiency standards required of projects currently are more stringent than they were when the SEIR was certified..
New information (which was not known and could not have been known at the time the EIR was certified) available?
There is no new information related to this threshold.
b) Have sufficient water supplies available to serve the Project and reasonably foreseeable future development during normal, dry and multiple years?
No New or More Severe Impacts/ No Changes or New Information Requiring Preparation of an EIR Substantial changes proposed in Project, which will require major revisions to the EIR? The SEIR found that implementation of the Triangle Specific Plan would increase demand for EMWD water supply but that adequate water supply would be available to serve the development that would occur as a part of the specific plan.
The Project represents the first development within the Specific Plan area and will construct 279,500 gsf of development, which represents partial implementation of the Specific Plan that was evaluated in the SEIR for The Triangle Specific Plan. Therefore, the Project would result in reduced water demands than the overall specific plan project that was evaluated in the SEIR.
Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
The UWMP serves as the document that would address if the water supplier would have sufficient water supplies available to serve the projected demand during normal, dry and multiple years. The 2005 UWMP was the latest UWMP at the time the Triangle Specific Plan’s SEIR was certified. Currently, the latest UWMP for EMWD is dated 2020 (EMWD 2020). The 2020 UWMP was developed using assumptions based on the land use designations for jurisdictions located within the UWMP boundaries. Given that the Project is consistent with the land use designations for the Project site, it is accounted for in the demand calculations in the 2020 UWMP . Therefore, there are no substantial changes in the circumstances of the Project that would require major revisions to the EIR.
New information (which was not known and could not have been known at the time the EIR was certified) available?
There is no new information related to this threshold.
Addendum to the Subsequent Environmental Impact Report
Prepared for The Triangle Specific Plan
S:\3CLA100100 - Triangle Retail\Consistency Evaluation\20240815_Fourth-Submittal\Triangle-SP_Addendum-081524.docx 4-57 Consistency Evaluation Pursuant to PRC Section 21166 c) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments?
No New or More Severe Impacts/ No Changes or New Information Requiring Preparation of an EIR Substantial changes proposed in Project, which will require major revisions to the EIR? The SEIR determined that wastewater originating from the Project site would ultimately be treated by facilities owned and operated by the EMWD. The wastewater treatment requirements issued by the California RWQCB for EMWD’s treatment plant were developed to ensure that adequate levels of treatment would be provided for the wastewater flows emanating from all land uses within its service area; therefore, the wastewater from the Project site would not cause the treatment plant to exceed these treatment requirements according to the SEIR. Therefore, the SEIR found that implementation of the specific plan would have no impacts and no mitigation would be required related to wastewater treatment.
The Project would result in less demands on public utilities than the overall Triangle Specific Plan given that the Project represents the first development within the Specific Plan area and will construct 279,500 gsf of development, which represents partial implementation of the Specific Plan that was evaluated in the SEIR for The Triangle Specific Plan.
Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
The conditions within the Project site are similar to the conditions that were described in the SEIR. The building efficiency standards required of projects currently are more stringent than they were when the SEIR was certified; therefore, the regulatory requirements that are required of the Project would likely result in reduced demand for utilities than was previously anticipated for the overall project. For example, additional water efficiency requirements for indoor plumbing fixtures would lead to reductions in wastewater flows from the Project than what was originally assumed for the Triangle Specific Plan.
New information (which was not known and could not have been known at the time the EIR was certified) available?
There is no new information related to this threshold.
Addendum to the Subsequent Environmental Impact Report
Prepared for The Triangle Specific Plan
S:\3CLA100100 - Triangle Retail\Consistency Evaluation\20240815_Fourth-Submittal\Triangle-SP_Addendum-081524.docx 4-58 Consistency Evaluation Pursuant to PRC Section 21166 d) Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? e) Comply with federal, state, and local management and reduction statutes and regulations related to solid waste?
No New or More Severe Impacts/ No Changes or New Information Requiring Preparation of an EIR.
Substantial changes proposed in Project, which will require major revisions to the EIR? The SEIR found that the solid waste generated by the Project would represent less than one percent of the daily permitted tonnage at the nearest landfill and would not exceed the landfill system’s capacity but that implementation of project design features would further reduce the amount of solid waste for disposal.
The waste disposal service for the Project would be required to abide by the applicable waste reduction and recycling programs required under existing regulations (i.e., AB 939, AB 341, SB 1383, and AB 1826).
The Project represents the first development within the Specific Plan area and will construct 279,500 gsf of development, which represents partial implementation of the Specific Plan that was evaluated in the SEIR for The Triangle Specific Plan. Therefore, the Project would result in less construction and operational debris when compared to the overall approved specific plan.
Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
The conditions within the Project site are similar to the conditions that were described in the SEIR. New regulations have been adopted since the SEIR was certified, which are noted above, that are implemented by the waste purveyor.
New information (which was not known and could not have been known at the time the EIR was certified) available?
There is no new information related to this threshold.
Applicable Measures from the MMRP:
As outlined in the MMRP provided as Appendix B, the following are applicable to the Project:
• PDFs 9-1, 9-2, 9-3, 9-4, 9-5, and 9-6;
• SCs 9-1, 9-2, 9-3, and 9-4; and
• MMs PSU-1, PSU-2, PSU-3, and 9-1.
Addendum to the Subsequent Environmental Impact Report
Prepared for The Triangle Specific Plan
S:\3CLA100100 - Triangle Retail\Consistency Evaluation\20240815_Fourth-Submittal\Triangle-SP_Addendum-081524.docx 4-59 Consistency Evaluation Pursuant to PRC Section 21166
4.20 WILDFIRE
Consistency Evaluation
If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the Project:
a) Substantially impair an adopted emergency response plan or emergency evacuation plan? b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire?
c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? No New or More Severe Impacts/No Changes or New Information Requiring Preparation of an EIR Substantial changes proposed in Project, which will require major revisions to the EIR? The SEIR did not specifically evaluate the topic of wildfire susceptibility; however, emergency response and impacts on public service providers including the fire department was evaluated in the SEIR for the overall Triangle Specific Plan . Less than significant impacts were determined with implementation of mitigation measures.
The Project represents the first development within the Specific Plan area and will construct 279,500 gsf of development, which represents partial implementation of the Specific Plan that was evaluated in the SEIR for The Triangle Specific Plan. Therefore, the Project would result in fewer vehicular trips and fewer buildings to respond to when compared to the overall Triangle Specific Plan that was analyzed in the SEIR.
No changes above and beyond what was analyzed in the SEIR would result in significant new or more severe impacts requiring mitigation. Thus, major revisions of the SEIR are not required.
Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
The conditions within the Project site are similar to the conditions that were described in the SEIR.
According to a review of the latest available mapping, the Project site is not located within a wildfire susceptibility zone (CALFIRE 2023).
Addendum to the Subsequent Environmental Impact Report
Prepared for The Triangle Specific Plan
S:\3CLA100100 - Triangle Retail\Consistency Evaluation\20240815_Fourth-Submittal\Triangle-SP_Addendum-081524.docx 4-60 Consistency Evaluation Pursuant to PRC Section 21166 New information (which was not known and could not have been known at the time the EIR was certified) available?
There is no new information related to this threshold.
Applicable Measures from the MMRP:
There are no measures that are applicable to this resource topic.
Addendum to the Subsequent Environmental Impact Report
Prepared for The Triangle Specific Plan
S:\3CLA100100 - Triangle Retail\Consistency Evaluation\20240815_Fourth-Submittal\Triangle-SP_Addendum-081524.docx 5-1 Conclusions SECTION 5.0 CONCLUSIONS
As described in this Addendum, there is substantial evidence that (1) the current Project does not represent a substantial change from the overall Triangle Specific Plan evaluated in the SEIR; (2) there are no substantial changes with respect to the circumstances under which the Project is undertaken that would result in new significant or substantially more severe impacts; and (3) there is no new information of substantial importance, which was not known and could not have been known at the time the SEIR was certified as complete. The current Project would not have any new or substantially more severe impacts beyond what was evaluated within the SEIR. There are no new mitigation measures beyond those that were adopted at the time the SEIR was certified that would be required to further reduce Project impacts.
Therefore, as summarized in this Addendum , none of the conditions in Section 21166 of the Public Resources Code apply and no subsequent or supplemental environmental impact report should be required.
Addendum to the Subsequent Environmental Impact Report
Prepared for The Triangle Specific Plan
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Addendum to the Subsequent Environmental Impact Report
Prepared for The Triangle Specific Plan
S:\3CLA100100 - Triangle Retail\Consistency Evaluation\20240815_Fourth-Submittal\Triangle-SP_Addendum-081524.docx 6-1 References SECTION 6.0 REFERENCES
California Department of Conservation. 2023 a (January 26, access date). California Important Farmland Finder. Sacramento, CA: DOC. https://maps.conservation.ca.gov/DLRP/CIFF/ ———.2023b (January 26, access date). Well Finder. Sacramento, CA: DOC. https://www.conservation.ca.gov/calgem/Pages/WellFinder.aspx ———.2023c (January 26, access date). Mines Online. Sacramento, CA: DOC. https://maps.conservation.ca.gov/mol/index.html
California Department of Transportation. 2023 (January 26, access date). List of Eligible and Officially Designated State Scenic Highways. Sacramento, CA: Caltrans. https://dot.ca.gov/programs/design/lap-landscape-architecture-and-community-livability/lap- liv-i-scenic-highways
California Energy Commission. 2024a. Zero Emission Vehicle Sales Remain Strong. Sacramento, CA:
California Energy Commission. https://www.energy.ca.gov/news/2024-05/zero-emission-vehicle- sales-remain-strong-california
———. 2024b. Light-Duty Vehicle Population in California. Sacramento, CA: California Energy Commission. https://www.energy.ca.gov/data-reports/energy-almanac/zero-emission-vehicle-and- infrastructure-statistics-collection/light
California Environmental Protection Agency. 2023a (February 14, access date). Cortese List Data Resources (web mapper). Sacramento, CA: CalEPA. https://calepa.ca.gov/sitecleanup/corteselist/ CALFIRE. 2023 (January 26, access date). FHSZ Viewer. Sacramento, CA: CALFIRE. https://osfm.fire.ca.gov/divisions/community-wildfire-preparedness-and-mitigation/wildfire- preparedness/fire-hazard-severity-zones/#explorefhsz
Claremont Law Group, Inc. 2024 (J uly). Updated Trip Generation Evaluation. Claremont, CA: Claremont Law Group, Inc. Provided as Appendix F.
Eastern Municipal Water District. 2020a. Urban Water Management Plan. Riverside, CA: EMWD. https://www.emwd.org/post/urban-water-management-plan
Hernandez Environmental Services. 2023 (January). Site Reconnaissance for the Triangle Project. Lake Elsinore, CA: Hernandez Environmental Services. Provided as Appendix C.
KWC Engineers. 2023. Site Plan. Corona, CA: KWC Engineers. Provided as Appendix A.
Murrieta, City of. 2013a (October). Final Subsequent Environmental Impact Report, The Triangle Specific Plan Project, Case # SP0-007-2452, Murrieta, California, SCH No. 2008061104. Murrieta, CA: City of Murrieta.
Addendum to the Subsequent Environmental Impact Report
Prepared for The Triangle Specific Plan
S:\3CLA100100 - Triangle Retail\Consistency Evaluation\20240815_Fourth-Submittal\Triangle-SP_Addendum-081524.docx 6-2 References ———. 2013b (February). Draft Subsequent Environmental Impact Report, The Triangle Specific Plan Project, Case # SP0 -007-2452, Murrieta, California, SCH No. 2008061104. Murrieta, CA: City of Murrieta.
———.2011a. Climate Action Plan (CAP). Murrieta, California. https://www.murrietaca.gov/DocumentCenter/View/806/P---Climate-Action-Plan-PDF Riverside County Airport Land Use Commission (RCALUC). Compatibility Plans. Riverside, CA: RCALUC. https://www.rcaluc.org/Plans/New-Compatibility-Plan
Rick Engineering Company. 2023 (June). Focused Traffic Analysis. Irvine, CA: Rick Engineering Company.
Provided as Appendix E.
RK Engineering Group, Inc. 2024 (July). Transportation Demand Management Memorandum. Newport, CA: RK Engineering Group, Inc. Provided as Appendix G.
Appendix A
Site Plan
Appendix B
Mitigation Monitoring and Reporting Program (MMRP)
The Triangle Specific Plan
1 Mitigation Monitoring and Reporting Program
THE TRIANGLE SPECIFIC PLAN
MITIGATION MONITORING AND REPORTING PROGRAM
SECTION 1.0 INTRODUCTION
Section 21081.6 to the State of California Public Resources Cod e requires a lead or responsible agency that approves or carries out a project where an environm ental impact report (EIR) has identified significant environmental effects to adopt a “reporting or monitoring program for adopted or required changes to mitigate or avoid significant environmental effects.” The City of Murrieta is the Lead Agency for The Triangle Specific Plan project, and the refore is responsible for implementation of the Mitigation Monitoring and Reporting Program (MMRP). A Final Subsequent Environmental Impact Report (EIR) has been prepared for this project which addresses potential environmental impacts and, where appropriate, recommends measures to mitigate these impacts.
As such, a mitigation reporting or monitoring program is required to ensure that adopted mitigation measures are implemented.
SECTION 2.0 PROJECT LOCATION AND DESCRIPTION
The project site is an approximate 64.3-acre, triangular-shaped property located in the City of Murrieta in Riverside County, California. The project site is b ordered by Murrieta Hot Springs Road to the north, Interstate (I) 15 to the southwest, and I-215 to the east.
The proposed Triangle Specific Plan Project consists of approximately 1.77 million gross square feet of mixed-use development that features an open-air retail commercial district. Proposed uses include retail uses in one or more shopping areas that blend restaurants, a mix of small and large retail stores, entertainment uses, and possibly offices located above retail uses; mid- and high- rise professional office space, served by parking structures; and hospitality uses that may include hotel rooms, conference and meeting space, dining, and its own recreational amenities. The intensity of development proposed to be allowed with The Triang le Specific Plan is regulated by the maximum gross building area for the site, building heights, property setbacks and parking requirements.
SECTION 3.0 PROGR AM MANAGEMENT
The mitigation monitoring and reporting program (MMRP) for The Triangle Specific Plan Project will be in place through all phases of project approval. Enforc ement of the MMRP will be the responsibility of a Project Manager at the City of Murrieta.
The policies and procedures for the MMRP described herein are intended to provide focused, yet flexible guidelines for monitoring the implementation of the Pr oject Design Features (PDFs), Standard Conditions (SCs), and Mitigation Measures (MMs) discus sed in the Final EIR. The applicant/developer of specific future projects will have the r esponsibility for implementing the measures, and the various City of Murrieta departments will hav e the primary responsibility for monitoring and reporting the implementation of the mitigation measures.
The attached MMRP Matrix lists each PDF, SC and MM, the party r esponsible for monitoring efforts, and the timing of implementation. The MMRP Matrix also provides a column for the PM to verify that a PDF, SC or MM has been completed. After each meas ure is verified for compliance/completion, no further action is required, pursuant to the MMRP, for the specific phase.
The Triangle Specific Plan
1 Mitigation Monitoring and Reporting Program
THE TRIANGLE SPECIFIC PLAN
MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure
Monitoring
Timing/Frequency Monitoring Agency
Verification of Compliance
Initials Date Remarks
AESTHETICS
PDF 1-1 Section 2.7 of The Tri angle Specific Plan includes Landscape Development Standards which are
described in Section 3, Project Description. The
Landscape Development Standards address
requirements for landscaped areas, pedestrian
walkways, and open space within The Triangle.
Development standards are i dentified specifically
for pedestrian connectivity, pedestrian oriented
open spaces, streetscapes and perimeter edges,
parking lots. Additionally, development standards
address reduced energy and water consumption
associated with landscaping. The Triangle Design
Guidelines outline landscape design criteria,
including landscape palettes. Prior to approval of
each Development Plan, the Community
Development Department shall confirm that
landscape plans are in conformance with the
landscape requirements, as outlined in The
Triangle Specific Plan and The Triangle Design
Guidelines. The plans shall be certified by a
licensed Landscape Architect or a licensed
Landscape Contractor.
Prior to approval of
each Development
Plan
Community
Development
Department
PDF 1-2 As identified in Section 2.7 of The Triangle
Specific Plan and outlined in Section 3, Project
Description, a minimum of 20 percent of the
overall project area shall be landscaped area or
open space, with a minimum of 15 percent of the
area within each planning area reserved for open
space use.
Prior to approval of
each Development
Plan
Community
Development
Department
PDF 1-3 Graded slopes within t he Caltrans right-of-way along the eastern and southwestern boundaries of
the project site as shown on Exhibit 3-22, Off-site
Impact Map, of the Draft EIR, would be restored
to meet the requirements of Caltrans for Erosion
Control and Highway Planting. Prior to initiation of
grading, grading and landscape plans for this off-
site area shall be subject to Caltrans review and
approval.
Prior to initiation of
grading permits
Community
Development
Department
The Triangle Specific Plan
2 Mitigation Monitoring and Reporting Program
THE TRIANGLE SPECIFIC PLAN
MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure
Monitoring
Timing/Frequency Monitoring Agency
Verification of Compliance
Initials Date Remarks
PDF 1-4 The Triangle Design Guidelines document the
design criteria that shall be incorporated into all
development within The Triangle and are
described in Section 3, Project Description. The
Design Guidelines shall be used with The Triangle
Specific Plan to implement The Triangle. The key
components of the Design Guidelines include: (1)
Overall Planning Guidelines (design theme, site
planning considerations, expression of corporate
identity, building architectural elements,
landscape design concept and exterior lighting
palette); (2) Guidelines for Land Uses
(architecture elevation treatment, landscape
design concept and influences, plant palettes, and
hardscape elements) and (3) Streetscapes. All
elements of the built environment within the
Specific Plan area shall conform to the Design
Guidelines and shall incorporate appropriate
thematic elements. Com pliance with the Design
Guidelines shall be verified by the Community
Development Department prior to approval of
each Development Plan.
Prior to approval of
each Development
Plan
Community
Development
Department
PDF 1-5 Section 2.5.7 of T he Triangle Specific Plan
identifies the allowable building height for
buildings within each planning area. Prior to
approval of each Development Plan, the
Community Development Department shall verify
that allowable building heights (presented in Table
3-7 of Section 3, Project Description) are not
exceeded: 100-feet in Planning Area 1, 200-feet
in Planning Areas 2 and 3 and 280-feet in
Planning Area 4.
Prior to approval of
each Development
Plan
Community
Development
Department
PDF 1-6 Concurrent with submittal of each Development
Plan, the Property Owner/Developer shall submit
a Lighting Plan to the City of Murrieta Community
Development Director and Building and Safety
Department for review to demonstrate that the
development standards identified in The Triangle
Specific Plan as outlined in PDF 1-7 have been
implemented. The Lighting Plan shall include the
Concurrent with
submittal of each
Development Plan
Community
Development and
Building and Safety
Departments
The Triangle Specific Plan
3 Mitigation Monitoring and Reporting Program
THE TRIANGLE SPECIFIC PLAN
MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure
Monitoring
Timing/Frequency Monitoring Agency
Verification of Compliance
Initials Date Remarks
location and type of all outdoor fixtures and the
resulting light patterns, accompanied by
manufacturers catalog cuts and drawings, a
photometric analysis, and the hours of operation
for the project’s lights. The Community
Development Director has the authority to
approve, conditionally approve, or deny this
Lighting Plan according to the same process
identified in Section 4.3.1.2, Minor Conditional
Use Permit, of The Triangle Specific Plan.
PDF 1-7 Section 2.10, Exterior Lighting Development
Standards, of The Triangle Specific Plan identifies
the lighting design criteria for the proposed
development, including landscape accent, parking
lot, and public space lighting. Prior to approval of
each Development Plan, the Community
Development Department shall confirm that all
lighting design is in conformance with the Exterior
Lighting Development Standards included in The
Triangle Specific Plan, as follows:
Concurrent with submittal of the
Development Plan, a Conceptual Lighting
Plan shall be submitted for City review. The
Lighting Plan shall include the location and
type of all outdoor fixtures and the resulting
light patterns and the hours of operation for
the project’s lights.
Lighting throughout The Triangle shall be
designed to complement the architectural
style of adjacent structures, to enrich the
environment in which it is located, and to
provide a comfortable and safe space for
visitors.
Prior to approval of
each Development
Plan
Community
Development
Department
The Triangle Specific Plan
4 Mitigation Monitoring and Reporting Program
THE TRIANGLE SPECIFIC PLAN
MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure
Monitoring
Timing/Frequency Monitoring Agency
Verification of Compliance
Initials Date Remarks
Low pressure sodium (LPS) lights will be
used only if other lower level lights cannot be
used to serve the same purpose, as the LPS
lamps’ pigmentation favors an orange hue. If
LPS lights are used, the use of low-watt wash
lights shall be used in planter areas and
pedestrian zones to mitigate the undesirable
hue of the LPS lamps.
Exterior lighting on buildings or within the
parking areas shall not blink or flash.
Neon lights shall be discouraged except
where implemented as an integral element of
a tenant’s prototypical signage or identity.
Fixtures may be located on buildings,
recessed in-ground, located above grade on
poles or bollards, and in trees.
Parking area fixtures shall be of a consistent
or related style throughout The Triangle, and
shall be compatible in style with accent
lighting in the project.
Pedestrian areas shall be illuminated so that
pathways and gathering areas are
highlighted.
Exceptions to the above requirements shall
be as provided in the City Development
Code.
PDF 1-8 As required by Section 2.4.3, Color and Materials, of The Triangle Design Guidelines, the
architectural colors shall be low reflectance,
subtle, neutral and compliment natural earth
tones. The use of high-intensity or fluorescent
colors is prohibited, unless incorporated as part of
an approved comprehensive sign program.
Glazing shall be clear, tinted or non-reflective.
Prior to approval of
each Development
Plan
Community
Development
Department
The Triangle Specific Plan
5 Mitigation Monitoring and Reporting Program
THE TRIANGLE SPECIFIC PLAN
MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure
Monitoring
Timing/Frequency Monitoring Agency
Verification of Compliance
Initials Date Remarks
PDF 1-9 Section 2.8 of The Triangle Specific Plan identifies signage regulations as described in Section 3,
Project Description. The location and type
(principal identifi cation, arrival identification,
entrance gateway/tenant i dentification, and
existing/new display signs [freeway oriented
billboard]) of allowed signs are presented on
Exhibit 3-13. The Property Owner/Developer shall
submit a comprehensive, on-site and freeway-
facing tenant identificatio n sign program for The
Triangle to the City as part of each Development
Plan which shall reviewed according to the
process as identified in Section 4 of The Triangle
Specific Plan.
Prior to approval of
each Development
Plan
Community
Development
Department
PDF 1-10 The Property Owner/Developer shall demonstrate to the City Engineer that any new electric or
communication distribution lines or the relocation
of existing overhead facilities in proximity to, and
which would be visible from, scenic corridors shall
be placed underground whenever feasible in
accordance with Public Utilities Commission
regulations.
Prior to approval of
each Development
Plan
Community
Development
Department
And
Engineering/Public
Works Department
SC 1-1 Development within the Specific Plan area shall
adhere to all applicable City of Murrieta lighting
requirements as outlined in Section 16.18.100
(Lighting) and Section 16.18.110 (Mount Palomar
Lighting Standards), as they are presented in the
City’s Municipal Code. Section 16.18.110 outlines
specific requirements for lamp sources and
shielding within the Palomar Lighting Zone and
requires non-exempt uses (such as those
proposed with The Triangle Specific Plan ) to
submit a Lighting Plan to the City for approval. The
Lighting Plan shall be approved prior to approval
of each Building Plan.
Prior to approval of
each Building Plan
Community
Development
Department
And Building & Safety
Department
The Triangle Specific Plan
6 Mitigation Monitoring and Reporting Program
THE TRIANGLE SPECIFIC PLAN
MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure
Monitoring
Timing/Frequency Monitoring Agency
Verification of Compliance
Initials Date Remarks
MM 358-AES-1 Prior to site plan approval, the project proponen t will demonstrate to the satisfaction of the City of
Murrieta Community Development Director or
his/her designee, that no lighting will create a
safety hazard or nuisance to off-site vehicular
traffic or adjacent land uses. Measures to mitigate
potential effects involve building design, building
setbacks and screening dire ct lighting so as to
avoid safety and nuisance hazards.
Prior to site plan
approval
Community
Development
Department
AIR QUALITY
PDF 2-1 As identified in Section 2.9 of The Triangle Specific Plan, all office buildings shall incorporate
sustainable design features to demonstrate the
equivalency to a certified project under the U.S.
Green Building Council’s (USGBC) Leadership in
Energy and Environmental Design (LEED) Rating
System for New Construction.
Prior to approval of
each Development
Plan
Community
Development
Department
and
Building & Safety
Department
PDF 2-2 As identified in Section 2.9 of The Triangle Specific Plan, a Travel Demand Management Plan shall be
prepared concurrently with the Development Plan
to identify potential means of reducing automobile
trips to the site. This Plan shall document the
steps to be taken to facilitate and encourage
alternate modes of travel, such as cycling,
carpooling, and alternate fuel vehicle charging
stations. It will also address methods of reducing
peak hour congestion such as flexible work hours.
Compliance with this
PDF will
accomplished through
implementation of
PDF 10-8 under
Traffic and Circulation.
Community
Development
Department
PDF 2-3 As identified in Section 2.9 of The Triangle Specific Plan, alternate modes of travel sustainability
measures include the following:
Bicycle storage racks or lockers shall be
provided within 100-feet of the entry to each
office building in compliance with section
5.106.4 of the California 2010 Green Building
Standards ( California Code of Regulations,
Title24, Part 11). If multiple building entries
are provided, bicycle racks shall be located
near each entry.
Compliance with this
PDF will
accomplished through
implementation of
PDFs 10-6 and 10-7
under Traffic and
Circulation.
Community
Development
Department
And
Building & Safety
Department
The Triangle Specific Plan
7 Mitigation Monitoring and Reporting Program
THE TRIANGLE SPECIFIC PLAN
MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure
Monitoring
Timing/Frequency Monitoring Agency
Verification of Compliance
Initials Date Remarks
Bicycle racks or lockers shall also be located
throughout the retail area of The Triangle.
Bicycle spaces for employees shall be
secure, enclosed spaces that are located in a
key-accessed area and are illuminated at
night. Bicycle spaces for visitors and
customers shall include bicycle racks located
in areas that are clearly visible from a primary
building entrance, illuminated at night, and
protected from damage from moving and
parked vehicles. These racks shall include
provision for securing bicycles in which the
user may lock the frame and wheels.
The bus turnout and shelters located on
Murrieta Hot Springs Road and the Internal
Connector Road shall include a roof canopy,
seating, and shade trees nearby to provide
shelter for riders.
SC 2-1 During construction of the project, the Property Owner/Developer and its contractors shall be
required to comply with regional rules, which
would assist in reducing short-term air pollutant
emissions. The South Coast Air Quality
Management District’s (SCAQMD’s) Rule 402
requires that air pollutant emissions not be a
nuisance off site. SCAQMD Rule 403 requires that
fugitive dust be controlled with the best available
control measures so that the presence of such
dust does not remain visible in the atmosphere
beyond the property line of the emission source.
Two options are presented in Rule 403:
monitoring of particulate concentrations or active
control. Monitoring involves a sampling network
around the project with no additional control
measures unless specified concentrations are
exceeded. The active control option does not
require any monitoring, but requires that a list of
measures be implemented starting with the first
day of construction. Relevant control measures
Verification prior to
issuance of a grading
permit
Implementation
during construction
Engineering/Public
Works Department
The Triangle Specific Plan
8 Mitigation Monitoring and Reporting Program
THE TRIANGLE SPECIFIC PLAN
MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure
Monitoring
Timing/Frequency Monitoring Agency
Verification of Compliance
Initials Date Remarks
from Rule 403 are identified in Appendix F of the
Air Quality Assessment included in Appendix C.
Specific Rule 403 regulatory requirements that
are applicable to the project are as follows:
All clearing, grading, earth-moving, or
excavation activities shall cease when winds
exceed 25 miles per hour (mph), per SCAQMD
guidelines, in order to limit fugitive dust
emissions.
The Contractor shall ensure that all disturbed
unpaved roads and disturbed areas within the
project are watered at least three times daily
during dry weather. Implementation of this
measure is estimated to reduce respirable
particulate matter (PM10) and fine particulate
matter (PM2.5) fugitive dust emissions by
approximately 61 percent.
The Contractor shall ensure that traffic speeds
on unpaved roads and project site areas are
reduced to 15 mph or less to reduce PM10 and
PM2.5 haul road fugitive dust emissions by
approximately 44 percent.
SC 2-2 In accordance with California Air Resources Board (CARB) requirements (Title 13, Chapter 10,
Section 2485, Division 3 of the California Code of
Regulations), heavy duty trucks accessing the site
shall not idle for greater than five minutes at any
location.
Verification prior to
issuance of a grading
permit
Implementation
during construction
Building and Safety
Department
And
Engineering/Public
Works Department
(Inspections)
The Triangle Specific Plan
9 Mitigation Monitoring and Reporting Program
THE TRIANGLE SPECIFIC PLAN
MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure
Monitoring
Timing/Frequency Monitoring Agency
Verification of Compliance
Initials Date Remarks
SC 2-3 The Property Owner/Developer and its contractors shall minimize pollutant emissions by maintaining
equipment engines in good condition and in proper
tune according to manufacturer’s specifications and
during smog season (May through October) by not
allowing construction equipment to be left idling for
more than five minutes (per California law, see
SC 2-2).
Verification prior to
issuance of a grading
permit
Implementation
during construction
Engineering/Public
Works Department
(during grading
operations)
and
Building and Safety
Department (during
building construction)
SC 2-4 In accordance with SCAQMD Rule 431.2, the
Property Owner/Developer and its contractors
shall ensure use of low-sulfur diesel fuel in
construction equipment, as required by CARB
(diesel fuel with sulfur content of 15 parts per
million [ppm] by weight or less).
Verification prior to
issuance of a grading
permit
Implementation
during construction
Engineering/Public
Works Department
(during grading
operations)
and
Building and Safety
Department (during
building construction)
SC 2-5 The Property Owner/Developer and its
contractors shall use arch itectural coatings that
have an average volatile organic compound
(VOC) content compliant with SCAQMD Rule
1113, which limits the VOC content of
architectural coatings so that actual emissions do
not exceed the allowable emissions.
Verification prior to
issuance of a grading
permit
Implementation
during construction
Building and Safety
Department
SC 2-6 In compliance with SCAQMD Rules 1186
(Certified Street Sweeper Compliance Testing)
and 1186.1 (Less-Polluting Sweepers), the
Property Owner/Developer and its contractors shall
ensure that alternative fuel or otherwise less-
polluting street sweepers are used on the project
site to the maximum extent feasible.
Verification prior to
issuance of a grading
permit
Implementation
during construction
Engineering/Public
Works Department
SC 2-7 In compliance with Assembly Bill 13 and Section
6404.5 of the California Labor Code, smoking shall
be prohibited in buildings to minimize exposure of
building occupants to environmental tobacco
smoke. Designated smoking areas shall be located
at least 25 feet away from building entries, air
intakes, and operable windows.
Prior to issuance of
each Development
Plan
Prior to issuance of
building permits
Building and Safety
Department
The Triangle Specific Plan
10 Mitigation Monitoring and Reporting Program
THE TRIANGLE SPECIFIC PLAN
MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure
Monitoring
Timing/Frequency Monitoring Agency
Verification of Compliance
Initials Date Remarks
SC 2-8 Bicycle storage racks or lockers will be provided within 100 feet of the entry to each office building
in compliance with Section 5.106.4 of the
California 2010 Green Building Standards
(California Code of Regulations, Title 24, Part 11).
If multiple building entr ies are provided, bicycle
racks shall be located near each entry.
Prior to issuance of
each Development
Plan
Prior to issuance of
building permits
Building and Safety
Department
MM 2-1 Prior to issuance of each building permit, the
Property Owner/Developer shall prepare an
Architectural Coating Plan that indicates the VOC
content of the coatings to be used and the rate of
application. The Plan shall demonstrate that VOC
emissions for painting of the proposed building,
added to VOC emissions from any other on-site
painting that would occur concurrently, would not
exceed 65 pounds per day. This limit provides a
ten pound per day margin for VOC emissions from
sources other than architectural coatings. The
Architectural Coating Plan shall be verified by the
City of Murrieta Building and Safety Department.
Prior to the issuance
of each building
permit
Building and Safety
Department
MM 2-2 During construction activities, the Property
Owner/Developer shall include the following
language on the Contractor Specifications, which
shall be verified by the City of Murrieta Building
and Safety Department: “The Contractor shall
utilize existing power sources (e.g., power poles)
or clean-fuel generators rather than diesel- or
gasoline-powered generators where feasible. The
effectiveness of this measure to reduce emissions
is not quantified by the SCAQMD”. Compliance by
the contractor shall be c onfirmed by the Building
and Safety Department during construction.
Verification prior to
issuance of a grading
permit
Implementation
during construction
Building and Safety
Department
And
Engineering/Public
Works Department
The Triangle Specific Plan
11 Mitigation Monitoring and Reporting Program
THE TRIANGLE SPECIFIC PLAN
MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure
Monitoring
Timing/Frequency Monitoring Agency
Verification of Compliance
Initials Date Remarks
MM 2-3 Prior to issuance of each building permit, the
Property Owner/Developer shall demonstrate to
the Community Development Department and the
Building and Safety Department that proposed
buildings include features that exceed minimum
statewide energy requirements (i.e., 20 percent
beyond Title 24). Implementation of these
features shall be confirmed by the Community
Development Department and the Building and
Safety Department following completion of
construction. At a minimum, these features may
include, but not be limited to:
Use of low emission water heaters;
Use of central wate r heating systems;
Use of energy-efficient appliances;
Use of increased insulation;
Use of automated controls for air
conditioners;
Use of energy-efficient parking lot lights;
Use of lighting controls and energy-
efficient lighting.
Prior to the issuance
of each building
permit
Verify implementation
following construction
Community
Development
Department and the
Building and Safety
Department
MM 2-4 Prior to the issuance of each occupancy permit,
the Property Owner/Developer shall submit for
approval to the Community Development
Department a plan for the future building manager
to provide educational information to all tenants
and employees on the advantages of purchasing
and using clean, “green” products including, but
not limited to: (1) low VOC paints and cleaning
products, (2) products made from recycled
materials, and (3) products that can be recycled.
The plan shall require the provision of this
information to all tenants upon initial occupancy
and to all new employees working within the
development. Distribution of the material shall be
repeated annually or more frequently.
Prior to the issuance
of each occupancy
permit
Community
Development
Department
The Triangle Specific Plan
12 Mitigation Monitoring and Reporting Program
THE TRIANGLE SPECIFIC PLAN
MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure
Monitoring
Timing/Frequency Monitoring Agency
Verification of Compliance
Initials Date Remarks
BIOLOGICAL RESOURCES
The Triangle Specific Plan
13 Mitigation Monitoring and Reporting Program
SC 3-1 Pursuant to the requirements Western Riverside
Multiple Species Habitat Conservation Plan
(MSHCP), the Property Owner/Developer shall
follow guidelines for protection of biological
resources during construction as outlined in
Section 7.5.3 of the MS HCP and Standard Best
Management Practices (BMPs) for construction
as outlined in Appendix C of the MSHCP. These
requirements include but are not limited to the
following measures applicable to the project:
The Project will not affect any conserved
habitat for fuel-modification purposes;
Plans for water pollution and erosion control
will describe sediment and hazardous
materials control, dewatering or diversion
structures, fueling and equipment
management practices, and vegetation. Prior
to construction commencement, the City will
approve the pollution preservation plans;
Construction activities will be timed to
consider seasonal requirements for breeding
birds and migratory non-resident species.
Habitat clearing will be avoided during
species’ active breeding season (March 1 to
June 30);
Sediment and erosion-control measures will
be implemented until such time that soils are
determined to be stabilized successfully;
Silt fencing or other sediment-trapping
materials will be installed at the downstream
end of construction activities to minimize
sediment transport off site;
The footprint of disturbance will be minimized
to the maximum extent feasible. Access to
sites will occur on pre-existing access routes
to the greatest extent possible;
Equipment storage, fueling, and staging
areas will be sited on non-sensitive upland
habitat types with minimal risk of direct
discharge into riparian areas or other
sensitive habitat types. Those designated
areas will be clearly marked and located in
such a manner as to contain runoff;
Prior to issuance of a
grading plan
During construction
Community
Development
Department
Engineering/Public
Works Department
The Triangle Specific Plan
14 Mitigation Monitoring and Reporting Program
THE TRIANGLE SPECIFIC PLAN
MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure
Monitoring
Timing/Frequency Monitoring Agency
Verification of Compliance
Initials Date Remarks
Exotic species removed during construction
will be properly handled to prevent sprouting
or regrowth;
Training of construction personnel w ill be
provided;
Ongoing monitoring and reporting will occur
for the duration of the construction activity to
ensure implementation of best management
practices (BMPs); and
Waste, dirt, rubble, or trash will not be
deposited in any conservation areas or any
native habitat.
SC 3-2 Prior to grading permit issuance or as identified by ordinance, the Property Owner/Developer shall
pay the appropriate MSHCP Local Development
Mitigation Fee amount as determined by the City,
unless exempted by ordinance. The current fee is
$6,597 per acre for commercial uses.
Prior to issuance of a
grading permit
Engineering/Public
Works Department
MM 358-BIO-1 The Property Owner/Developer shall comply with Habitat Conservation Plan (HCP) policies
established by the County of Riverside for the
federally listed En dangered/State-listed
Threatened Stephens’ kangaroo rat. Interim
Mitigation fees applicable to the proposed project
($500 per gross acre) shall be paid by the
Property Owner/Develope
r.
Prior to issuance of a
grading permit
Engineering/Public
Works Department
The Triangle Specific Plan
15 Mitigation Monitoring and Reporting Program
THE TRIANGLE SPECIFIC PLAN
MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure
Monitoring
Timing/Frequency Monitoring Agency
Verification of Compliance
Initials Date Remarks
MM 3-1 Prior to initiation of construction activities, the Property Owner/Developer shall retain a
City-approved Biological Monitor for the project.
The Biological Monitor shall ensure that all permit
conditions are met, all mitigation measures are
properly implemented, and that the project
complies with all standard conditions and project
design features. Beginnin g with the initiation of
construction or grading activities, the Biological
Monitor shall submit monthly status reports to the
Community Development Department to
demonstrate compliance with this measure.
Prior to initiation of
construction or
grading activities
Community
Development
Department
MM 3-2 A focused survey for burrowing owl following the Burrowing Owl Survey Instructions for Western
Riverside County shall be conducted during the
breeding season (March 1 to August 31) prior to
construction to confirm the absence of the
species. Per MSHCP requirements and following
specific direction of the USFWS and the CDFG in
comments on the DBESP, if the focused surveys
are not conducted 30 days prior to construction, a
pre-construction survey for burrowing owl shall be
conducted 30 days prior to construction to
determine presence or absence at the time of
construction. If burrowing owl is present during
either the focused survey or the pre-construction
survey, guidelines in Section 6.3.2 of the Western
Riverside County Multiple Species Habitat
Conservation Plan (MSHCP) shall be followed to
determine appropriate mitigation per the MSHCP
requirements. Mitigation shall include: (1)
protection of the burrowing owl if present during
the breeding season (March 1 to August 31), and
(2) active translocation during the non-breeding
season (September 1 to February 28) to
conserved habitat within the MSHCP Plan Area.
The Property Owner/Developer shall submit
written evidence that a focused survey has been
completed during the breeding season and prior
to construction and that, if necessary, a pre-
Prior to earth
disturbance
Community
Development
Department
The Triangle Specific Plan
16 Mitigation Monitoring and Reporting Program
THE TRIANGLE SPECIFIC PLAN
MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure
Monitoring
Timing/Frequency Monitoring Agency
Verification of Compliance
Initials Date Remarks
construction survey for burrowing owls was
performed within 30 days prior to earth
disturbance. Evidence that any necessary
mitigation requirements have been met shall be
provided to the Community Development
Department prior to issuance of a grading permit.
MM 3-3 Prior to any ground-di sturbing activities, the
Property Owner/Developer shall submit copies of
Contractor Specif ications to the
Engineering/Public Works (field inspection)
Department that include the following
requirements to protect nesting birds regulated by
the Migratory Bird Treaty Act: “When feasible,
vegetation removal activities shall be scheduled
between July 1 and February 28 to avoid the
nesting season. This will ensure that no active
nests will be disturbed and that removal could
proceed rapidly. If vegetation removal activities
shall occur during the nesting season (March 1 to
June 30), all suitable habitat shall be thoroughly
surveyed for the presence of nesting birds by a
qualified Biologist prior to removal. If any active
nests are detected, the area shall be flagged,
along with a 300-foot buffer area for non-listed
species and a 500-foot buffer for listed species
and raptors unless it is determined by a qualified
biologist and approved by the regulatory agencies
that a reduced buffer is appropriate. The buffer
area shall be avoided until the nesting cycle is
complete or until it is determined by the Monitoring
Biologist that the nest has f ailed”. In addition, a
Biologist shall be present on the site to monitor the
vegetation removal to ensure that nests not
detected during the initial survey are not
disturbed. The Biological Monitor shall provide
written notification to the Community
Development and Engineering (field inspection)
Department that these requirements have been
accomplished following completion of grading
activities associated with each grading permit.
Prior to any ground-
disturbing activities
Monitoring during
construction
Community
Development
Department
Engineering/Public
Works Department
The Triangle Specific Plan
17 Mitigation Monitoring and Reporting Program
THE TRIANGLE SPECIFIC PLAN
MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure
Monitoring
Timing/Frequency Monitoring Agency
Verification of Compliance
Initials Date Remarks
MM 3-4 Prior to the issuance of any grading permit and
any ground-disturbing activities impacting
jurisdictional areas, the Property
Owner/Developer shall obtain and then provide
the Department of Public Works with a copy of the
executed Section 404 Permit obtained from the
U.S. Army Corp of Engineers (USACE). The
Property Owner/Developer is obligated to and
shall comply with all conditions of the permit.
Prior to the issuance
of any grading permit
and any ground-
disturbing activities
Compliance
verification during
construction
Engineering/Public
Works Department
And
Community
Development
Department
MM 3-5 Prior to the issuance of any grading permit and
any ground-disturbing activities, the Property
Owner/Developer shall obtain and then provide
the Department of Public Works with a copy of the
Section 401 Water Quality Certification obtained
from the Regional Water Quality Control Board
(RWQCB). The Property Owner/Developer is
obligated to and shall comply with all conditions of
the Section 401 Water Quality Certification.
Prior to the issuance
of any grading permit
and any ground-
disturbing activities
Engineering/Public
Works Department
And
Community
Development
Department
MM 3-6 Prior to the issuance of any grading permit and
any ground-disturbing activities impacting
jurisdictional areas, the Property
Owner/Developer shall obtain and then provide
the Department of Public Works with a copy the
executed Streambed Alteration Agreement
obtained from the California Department of Fish
and Wildlife. The Property Owner/Developer is
obligated to and shall comply with all conditions of
the permit.
Prior to the issuance
of any grading permit
and any ground-
disturbing activities
Compliance
verification during
construction
Engineering/Public
Works Department
And
Community
Development
Department
MM 3-7 Prior to the issuance of a grading permit, the
Property Owner/Developer shall demonstrate that
impacts to 0.21 acres of MSHCP
Riparian/Riverine Habitat (southern willow scrub,
mule fat scrub, herbaceous wetland, disturbed
wetland, and streambed) shall be mitigated
consistent with creation and preservation acreage
requirements outlined in Table 5.3-4 (0.21 acre of
off-site creation and 0.37 acre of off-site
preservation). The mitigation requirement shall be
no less than this amount, and shall comply with
Prior to the issuance
of a grading permit
Engineering/Public
Works Department
And
Community
Development
Department
The Triangle Specific Plan
18 Mitigation Monitoring and Reporting Program
THE TRIANGLE SPECIFIC PLAN
MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure
Monitoring
Timing/Frequency Monitoring Agency
Verification of Compliance
Initials Date Remarks
the mitigation requirements of the Section 404
Permit, Section 401 Water Quality Certification,
and Streambed Alteration Agreement (refer to
MMs 3-4 through 3-6).
The provision of 0.58 acres of compensatory
mitigation shall be completed at the Applicant-
owned parcel with Specific Plan 310 located north
of the proposed project site, north of Keller Road,
east of Washington Street, and west of the San
Diego Canal (APN 388-12-004 and 388-180-072;
Figure 8 of the DBESP) within the same area as
the project site. Documentation to be submitted to
the Department of Public Works prior to issuance
of a grading permit shall consist of a Riparian
Habitat Mitigation Plan approved by the
respective regulatory agencies for the 0.21-acre
of off-site created habitat, and proof of
preservation of 0.37-acre off-site. This site shall
be conserved and deeded over to the appropriate
conservation authority.
If the applicant-owned Specific Plan 310
mitigation site described above is no longer
available when the Property Owner/Developer is
obtaining grading permits, then mitigation shall
consist of creating and preserving
Riparian/Riverine habitat at an alternate off-site
mitigation site, as identified in the Property
Owner/Developer’s USACE and CDFG
permit/agreement for the proposed project.
CULTURAL RESOURCES
SC 4-1
In the event that cultural resources
(archaeological, historical, paleontological)
resources are inadvertently unearthed during
excavation and grading activities of any future
development project, the contractor shall cease all
earth-disturbing activities within a 100-meter
radius of the area of discovery. If not already
retained due to conditions present pursuant to
Mitigation Measure 358-Cult-1 or MM 4-1, the
Prior to issuance of a
grading permit
During excavation and
grading activities
Community
Development
Department
Engineering/Public
Works Department
(Inspectors)
The Triangle Specific Plan
19 Mitigation Monitoring and Reporting Program
THE TRIANGLE SPECIFIC PLAN
MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure
Monitoring
Timing/Frequency Monitoring Agency
Verification of Compliance
Initials Date Remarks
MM CUL-1
(Formerly SC 4-1)
project proponent shall retain a qualified
professional (i.e., archaeologist, historian,
architect, paleontologist, Native American Tribal
monitor), subject to approval by the City of
Murrieta to evaluate the significance of the find
and appropriate course of action. If avoidance of
the resources is not feasible, salvage operation
requirements pursuant to Section 15064.5 of the
CEQA Guidelines shall be followed and which
shall take in to account tribal preferences and
sensitivity concerns. After the find has been
appropriately avoided or mitigated and cleared by
the City, the Project cultural resources
professional and, if applicable, the Native
American monitor representing the Luiseño Indian
Tribe, work in the area may resume. Pursuant to
California Public Resources Code Section
21083.2(b), avoidance is the preferred method of
preservation for archaeological resources. If the
Developer, the project archaeologist and the
Native American Monitor cannot agree on the
significance or the mitigation for such resources,
these issues will be presented to the Community
Development Director for decision. The
Community Development Director shall make the
determination based on the provisions of the
California Environmental Quality Act with respect
to archaeological resources and shall take into
account the religious beliefs, customs, and
practices of the Luiseño Indian Tribe.
Notwithstanding any other rights available under
the law, the decision of the Community
Development Director shall be appealable to the
Planning Commission and/or City Council.
Prior to the issuance of a grading permit, the
Developer shall retain a professional
archaeologist to conduct monitoring of all ground
disturbing activities. The Project Archaeologist
shall have the authority to temporarily redirect
earthmoving activities in the event that suspected
The Triangle Specific Plan
20 Mitigation Monitoring and Reporting Program
THE TRIANGLE SPECIFIC PLAN
MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure
Monitoring
Timing/Frequency Monitoring Agency
Verification of Compliance
Initials Date Remarks
archaeological resources are unearthed during
Project construction. The Project archeologist and
the Pechanga Tribe shall attend the pre-grading
meeting with the City, t he construction manager
and any contractors and will conduct a mandatory
Cultural Resources Worker Sensitivity Training to
those in attendance. The Training will include a
brief review of the cultural sensitivity of the Project and the surrounding area; what resources could
potentially be identified during earthmoving
activities; the requirements of the monitoring
program; the protocols t hat apply in the event
inadvertent discoveries of cultural resources are
identified, including who to contact and
appropriate avoidance measures until the find(s)
can be properly evaluated; and any other
appropriate protocols. All new construction
personnel that will conduct earthwork or grading
activities that begin work on the Project following
the initial Training must take the Cultural
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;
The Triangle Specific Plan
21 Mitigation Monitoring and Reporting Program
THE TRIANGLE SPECIFIC PLAN
MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure
Monitoring
Timing/Frequency Monitoring Agency
Verification of Compliance
Initials Date Remarks
SC 4-2
MM CUL-2
(Formerly SC 4-2)
In the event that human remains are unearthed
during excavation and grading activities of any
future development project, all activity shall cease
immediately. Pursuant to State Health and Safety
Code Section 7050.5, no further disturbance shall
occur until the County coroner has made the
necessary findings as to origin and disposition
pursuant to Public Resources Code Section
5097.98. If the remains are determined to be of
Native American descent, the coroner shall within
24 hours notify the Native American Heritage
Commission (NAHC). The NAHC shall then
contact the most likely descendant of the
deceased Native American, who shall serve as
consultant on how to proceed with the remains.
If human remains are found during ground
disturbing activities, the State of California Health,
and Safety Code Section 7050.5 states that no
further disturbance shall occur until the county
coroner has made a determination of origin and
disposition pursuant to Public Resources Code
Section 5097.98. In the event of an unanticipated
discovery of human remains, the county coroner
must be notified immedi ately. If the human
remains are determined to be potentially Native
American in origin, the coroner will notify the
Native American Heritage Commission, which will
determine and notify a Most Likely Descendant.
The Most Likely Descendant shall then make
recommendations for the treatment and
disposition within 48 hours of gaining access to
the site.
During excavation and
grading activities
Engineering/Public
Works Department
(Inspectors)
SC CUL-3 At least thirty (30) days prior to submittal of the final grading plans to the Project Archaeologist will
develop a Cultural Resources Monitoring Plan
(“CRMP) for the treatment and mitigation of
cultural resources discovered during Project
development in consultation with Pechanga Tribe.
Treatment of the newly discovered resource(s) will
Prior to the issuance
of a grading permit
Community
Development
Department
The Triangle Specific Plan
22 Mitigation Monitoring and Reporting Program
THE TRIANGLE SPECIFIC PLAN
MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure
Monitoring
Timing/Frequency Monitoring Agency
Verification of Compliance
Initials Date Remarks
be consistent with the terms and provisions of the
CRMP and may be amended by the parties as
agreed upon. Prior to its finalization, the Project
Archaeologist will circulate the draft CRMP to the
City Planner and Pechanga Tribe for review and
comment. The final document will include
information provided by the tribe(s) concerning
tribal methods and practices and other appropriate
issues that may be relevant to culturally
appropriate treatment of the resources. The
involved parties will make good-faith efforts to
incorporate the Tribe’s comments. The City
Planner will have final review and approval
authority for the CRMP. If there are disagreements
with the approval, a Project Issue Resolution (PIR)
meeting will be facilitated. A ll parties are required
to withhold public disclosure of information related
to the treatment and mitigation of cultural
resource(s) pursuant to the specific exemption set
forth in CGC para. 6254(r).
The CRMP will include/address each of the
following:
a) The parties entering into the CRMP, and
their contact information.
b) The Project schedule includes the
frequency and location of monitoring of earthwork
and ground disturbing activities and details
regarding what types of construction-related
activities will require monitoring.
c) Roles and responsibilities of individuals
of the CRMP
d) The methods and protoc ols of recovery in
the event of an inadvertent discovery, controlled
grading, ESA fencing, etc.
Engineering/Public
Works Department
The Triangle Specific Plan
23 Mitigation Monitoring and Reporting Program
THE TRIANGLE SPECIFIC PLAN
MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure
Monitoring
Timing/Frequency Monitoring Agency
Verification of Compliance
Initials Date Remarks
e) The protocols for the discovery of Human
Remains and/or grave related items of cultural
patrimony.
f) Storage and recordation of any cultural
resources
g) Control grading exhibits and process
SC CUL-4
Worker Environmental Awareness Program. All
construction personnel and monitors who are not
trained archaeologists or tribal cultural monitors
shall be briefed regarding inadvertent discoveries
prior to the start of construction activities. The
purpose of the Workers Environmental Awareness
Program (WEAP) training is to provide the
construction personnel with brief review of the
cultural sensitivity of the project and the
surrounding area; what resources could be
potentially identified during earthmoving activities;
the requirements of the monitoring program; the
protocols to follow during the construction of the
project and explain the importance of and legal
basis for the protection of significant
archaeological and tribal cultural resources, and
who to contact if and when the cultural resources
are identified. Each worker shall also learn the
proper procedures to follow in the event that
cultural resources or human remains are
uncovered during ground disturbing activities.
These procedures include work curtailment or
redirection, and the immediate contact of the site
supervisor, archaeological, and tribal cultural
monitor(s).
During ground
disturbance activities
Community
Development
Department
Engineering/Public
Works Department
(Inspectors)
The Triangle Specific Plan
24 Mitigation Monitoring and Reporting Program
THE TRIANGLE SPECIFIC PLAN
MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure
Monitoring
Timing/Frequency Monitoring Agency
Verification of Compliance
Initials Date Remarks
e Prior to final inspection, the Project Archeologist
is to submit two (2) copies of the Phase IV Cultural
Resources Monitoring Report that complies with
the Planning Department's requirements for such
reports. The Phase IV report shall include
evidence of the required cultural/historical
sensitivity training for the construction staff held
during the pre-grade meeting. The Planning
Department shall review the reports to determine
adequate mitigation compliance. Provided the
reports are adequate, the Planning Department
shall clear this condition. Once the report(s) are
determined to be adequate, two (2) copies shall be
submitted to the Eastern Information Center (EIC)
at the University of California Riverside (UCR) and
one (1) copy shall be submitted to the Pechanga
Cultural Resources Department.
Prior to the issuance
of a grading permit
Community
Development
Department
Engineering/Public
Works Department
(Inspectors)
MM TCR-1
(Formerly MM 4-
2)
Native American Monitoring. At least 30 days prior
to issuance of a grading permit the
applicant/owner/developer shall contact
Pechanga Band of Indians w ith notification of the
approximate commencement of ground-disturbing
activities. The applicant/owner/developer shall
secure agreements with the Pechanga Tribe for
Tribal Monitoring. The agreement shall include,
but not limited, outli ning provisions and
requirements for addressing the treatment of
cultural resources; project grading and
development scheduling; terms of compensation
for the monitors; treatment and final disposition of
any cultural resources, sacred sites, and human
remains discovered on the site; and establishing
on-site monitoring provisions and/or requirements
for professional Tribal monitors during ground
disturbing activities. A copy of the signed
agreement shall be provided to the City Planner
and Building official prior to issuance of the first
grading permit. The Native American Monitor has
the authority to temporarily divert and stop earth
moving activities in the event that suspected
Prior to the issuance
of a grading permit
Community
Development
Department
Engineering/Public
Works Department
(Inspectors)
The Triangle Specific Plan
25 Mitigation Monitoring and Reporting Program
THE TRIANGLE SPECIFIC PLAN
MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure
Monitoring
Timing/Frequency Monitoring Agency
Verification of Compliance
Initials Date Remarks
cultural resources are unearthed. The Native
American Monitor(s) will be responsible for
maintaining weekly monitoring logs, the Developer
shall identify an individual on site to sign the
weekly logs
.
MM TCR-2 Inadvertent Discove ry Clause. If during ground disturbance activities, unique cultural resources
are discovered, the following procedures shall be
followed. Unique cultural resources are defined,
for this measure only, as being multiple artifacts in
close association with each other, but may include
fewer artifacts if the area of the find is determined
to be of significance due to its sacred or cultural
importance as determined in consultation with the
Pechanga Band of Indians. All sacred sites area
are to be avoided and preserved, Tribal cultural
resources are excluded from the definition of
unique cultural resources as those resources are
defined by the tribal values ascribed to them by
their Tribal Cultural Resources Inadvertent
Discovery Clause. If during ground disturbance
activities, unique cultural resources are
discovered, the following procedures shall be
followed. Unique cultural resources are defined,
for this measure only, as being multiple artifacts in
close association with each other, but may include
fewer artifacts if the area of the find is determined
to be of significance due to its sacred or cultural
importance as determined in consultation with the
Pechanga Tribes. Tribal cultural resources are
excluded from the definition of unique cultural
resources as those resources are defined by the
tribal values ascribed to them by their affiliated
communities. Treatment of tribal cultural
resources inadvertently discovered during the
project’s ground-disturbing activities shall be
subject to the consultation process required by
state law and AB 52. If unique resources are
During ground
disturbance activities
Community
Development
Department
Engineering/Public
Works Department
(Inspectors)
The Triangle Specific Plan
26 Mitigation Monitoring and Reporting Program
THE TRIANGLE SPECIFIC PLAN
MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure
Monitoring
Timing/Frequency Monitoring Agency
Verification of Compliance
Initials Date Remarks
discovered, the following measures shall be
implemented:
a) All ground disturbance activities within 100 feet
of the discovered cultural resources shall be
halted until a meeting is convened between
the Project Applicant, the Principal
Investigator/Archaeologist, the Tribal
Representative(s), and the Community
Development Director to discuss the
significance of the find.
b) At the meeting, the significance of the
discoveries shall be discussed and after
consultation with the Tribal Representative(s)
and the Principal Investigator/ Archaeologist,
a decision shall be made, with the
concurrence of the City Planner, as to the
appropriate mitigation (documentation,
recovery, avoidance, etc.) for the cultural
resources.
c) Further ground disturbance, including but not
limited to grading, trenching etc., shall not
resume within the area of the discovery until
an agreement has been reached by all parties
as to the appropriate mitigation. Work shall be
allowed to continue outside of the buffer area
and will be monitored by additional Tribal
Monitors if needed.
d) Treatment and avoi dance of the newly
discovered resources shall be consistent with
the Cultural Resources Management Plan
and Monitoring Agreements entered into with
the Consulting Tribes. This may include
The Triangle Specific Plan
27 Mitigation Monitoring and Reporting Program
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MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure
Monitoring
Timing/Frequency Monitoring Agency
Verification of Compliance
Initials Date Remarks
avoidance of the cultural resources through
project design, in-place preservation of
cultural resources located in native soils
and/or re-burial on the Project property so
they are not subject to further disturbance in
perpetuity as identified in Non-Disclosure of
Reburial Condition/ Mitigation Measures.
e) If the find is determined to be significant and
avoidance of the site has not been achieved,
a Phase III data recovery plan shall be
prepared by the Principal
Investigator/Archaeologist, in consultation
with the Consulting Tribes, and shall be
submitted to the City for their review and
approval prior to implementation of the said
plan.
f) Pursuant to Calif. Pub. Res. Code § 21083.2(b)
avoidance is the preferred method of
preservation for archaeological resources and
cultural resources. If the Project Applicant and
the Consulting Tribes cannot agree on the
significance or the mitigation for the
archaeological or cultural resources, these
issues will be presented to the City Planner for
decision. The City Community Development
Director shall make the determination based
on the provisions of the California
Environmental Quality Act with respect to
archaeological resources, recommendations
of the Principal Investigator/Archaeologist and
shall take into account the cultural and
religious principles and practices of the
Consulting Tribes. Notwithstanding any other
rights available under the law, the decision of
the City Planner shall be appealable to the
City Planning Commission and/or City
The Triangle Specific Plan
28 Mitigation Monitoring and Reporting Program
THE TRIANGLE SPECIFIC PLAN
MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure
Monitoring
Timing/Frequency Monitoring Agency
Verification of Compliance
Initials Date Remarks
Council. Evidence of compliance with this
mitigation measure, if a significant
archaeological resource is found, shall be
provided to City of Murrieta upon the
completion of a treatment plan and final report
detailing the significance and treatment
finding.
The proposed improvement s shall be submitted
and approved by the City prior to construction and
implemented during construction.
A copy of all proposed engineered improvements
shall be retained by the City in the project file. City staff shall verify that the current installed facilities comply with this requirement. The verification shall
be retained in the project file.
MM TCR-3 Final Disposition. In the event that Native
American Cultural resources are identified during
Project earthwork and ground-disturbing activities,
the following procedures shall be carried out for
final disposition; One or more of the following
treatments, in order of preference, shall be
employed in consultation with the Consulting
Tribes. Evidence of such shall be provided to the
City of Murrieta.
1. Preservation-In-Place of the cultural
resources. Preservation in place means
avoiding the resources, leaving them in the
place where they were found with no
development affecting t he integrity of the
resource(s).
During grading
operations
Community
Development
Department
Engineering/Public
Works Department
(Inspectors)
The Triangle Specific Plan
29 Mitigation Monitoring and Reporting Program
THE TRIANGLE SPECIFIC PLAN
MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure
Monitoring
Timing/Frequency Monitoring Agency
Verification of Compliance
Initials Date Remarks
2. Reburial of the cultural resource(s) on the
Project property. The Preservation Site(s) will
be located within the Project site development
envelope of the Project, outside of any known
and identified cultural resource sites. The
measures for reburial shall include, at least,
the following: Measures and provisions to
protect the future reburial area from any future
impacts in perpetuity. Reburial shall not occur
until all legally required cataloging and basic
recordation have been completed, with an
exception that sacred items, burial goods, and
Native American human remains are
excluded. Any reburial process shall be
culturally appropriate. The listing of contents
and location of the reburial shall be included
in the confidential Phase IV report. The Phase
IV Report shall be filed with the City under
confidential cover and not subject to Public
Records Request.
3. If preservation in place or reburial is not
feasible then the resources shall be curated in
a culturally appropriate manner at a Riverside
County curation facility that meets State
Resources Department Office of Historic
Preservation Guidelines for the Curation of
Archaeological Resources ensuring access
and use pursuant to the Guidelines. The
collection and associat ed records shall be
transferred, including title, and are to be
accompanied by payment of the fees
necessary for permanent curation. Evidence
of curation in the form of a letter from the
curation facility stating that subject
archaeological materials have been received
and that all fees have been paid, shall be
provided by the landow ner to the City. There
The Triangle Specific Plan
30 Mitigation Monitoring and Reporting Program
THE TRIANGLE SPECIFIC PLAN
MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure
Monitoring
Timing/Frequency Monitoring Agency
Verification of Compliance
Initials Date Remarks
shall be no destructive or invasive testing on
sacred items, burial goods, and Native
American human remains. Results
concerning findings of any inadvertent
discoveries shall be included in the Phase IV
monitoring report. Evidence of compliance
with this mitigation measure, if a significant
archaeological resource is found, shall be
provided to City of Murrieta upon the
completion of a treatment plan and final report
detailing the significance and treatment
finding.
MM TCR-4 Controlled Grading exhibit, Grading and Grubbing.
Prior to grading permit issuance, control grading
plan shall be prepared in consultation with the
Pechanga Band of Indians, incorporating their
knowledge of the area, i ncluding any potential
sacred and ceremonial reburial sites. The Control
grading area must be clearly identified in the
grading plans and detailed in the note section of
the plans.
If additional potential areas of concern are
identified by the Principal
Investigator/Archaeologist and the Pechanga
Band of Indians, these areas must also be
specified during this process. The identified areas
shall be inspected by the Principal
Investigator/Archaeologist and a Pechanga Native
American monitor prior to the commencement of
grading to determine the extent of the controlled
grading process.
Other areas which may require controlled grading
shall be determined by the Principal
Investigator/Archaeologist and the Native
American monitor(s) from the Pechanga Band of
Indians based on the results and soil types
identified during grading. Should any changes be
Prior to issuance of
grading permit and
eduring excavation
and grading activities
Add mitigation
measure as a note to
grading plan
Engineering/Public
Works Department
(Inspectors)
The Triangle Specific Plan
31 Mitigation Monitoring and Reporting Program
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MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure
Monitoring
Timing/Frequency Monitoring Agency
Verification of Compliance
Initials Date Remarks
needed, an updated exhibit will be produced and
approved by all parties prior to any ground
disturbance in the newly identified area.
MM TCR-5 Human Remains. In the event that human remains are inadvertently encountered during construction
activities, all work is to immediately stop, and no
further disturbance shall occur in the area until the
County Coroner has made the necessary findings
as to origin. The remains and associated
resources shall be treated in accordance with state
and local regulations that provide requirements
with regard to the accidental discovery of human
remains, including California Health and Safety
Code Section 7050.5, California Public Resources
Code Section 5097.98, and CEQA Guidelines
Section 15064.5(e). In accordance with these
regulations, if human remains are found, the
County Coroner must be immediately notified of
the discovery. No further excavation or
disturbance of the Project site or any nearby (no
less than 100 feet) area reasonably suspected to
overlie adjacent remains can occur until the
County Coroner has determined if the remains are
potentially human in origin. If the County Coroner
determines that the remains are, or are believed to
be, Native American, he or she is required to
immediately notify the Native American Heritage
Commission (NAHC). The NAHC must
immediately notify those persons it believes to be
the most likely descendant (MLD). The most likely
descendant shall then make recommendations
and engage in consultation concerning the
treatment of the remains as provided in Public
Resources Code Section 5097.98.
Prior to the issuance
of a grading permit
and during all ground
disturbance activities
(grading, clear & grub,
etc.)
Add mitigation
measure as a note to
grading plan
Community
Development
Department
Engineering/Public
Works Department
(Inspectors)
The Triangle Specific Plan
32 Mitigation Monitoring and Reporting Program
THE TRIANGLE SPECIFIC PLAN
MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure
Monitoring
Timing/Frequency Monitoring Agency
Verification of Compliance
Initials Date Remarks
MM TCR-6 Non-Disclosure. It is understood by all parties that unless otherwise required by law, the site of any
reburial of Native American human remains or
associated grave goods shall not be disclosed and
shall not be governed by public disclosure
requirements of the California Public Records Act.
The coroner, pursuant to the specific exemption
set forth in California Government Code 6254 (r),
parties, and Lead Agencies, will be asked to
withhold public disclosure information related to
such reburial, pursuant to the specific exemption
set forth in California Government Code 6254 (r).
At all Times
Add mitigation
measure as a note to
Grading Plan
Community
Development
Department
Engineering/Public
Works Department
(Inspectors)
358-Cult-1
SC PAL-1
(Formerly 358-
CUL-1)
Prior to the issuance of a grading permit, the
Property Owner/Developer shall demonstrate to
the satisfaction of the City of Murrieta Community
Development Director that the following measures
shall be implemented to prevent the destruction of
paleontological resources:
A. Prior to any excavation into undisturbed
Pauba Formation deposits, a pre-
construction meeting shall be conducted
in which a qualified Paleontologist shall
explain the procedures necessary to
protect and safely remove potentially
significant fossil materials for study and
curation.
B. A qualified Paleontologist shall be
retained to perform inspections of the
site and to salvage exposed fossils
during excavation activities. The
frequency of these inspections shall
depend on fossil discovery, rock unit
sensitivity, and the rate of excavation. In
areas of HIGH sensitivity and the
presence of fossils, monitoring shall be
required full time.
Prior to the issuance
of a grading permit
Community
Development
Department
The Triangle Specific Plan
33 Mitigation Monitoring and Reporting Program
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MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure
Monitoring
Timing/Frequency Monitoring Agency
Verification of Compliance
Initials Date Remarks
C. Should a resource(s) be encountered,
the Paleontologist shall be allowed to
divert or direct grading in the area of an
exposed fossil in order to facilitate
evaluation and, if necessary, salvage.
D. Due to the small size of some of the
potential fossils, it shall be necessary to
collect matrix samples in Pleistocene
fine-grained sediments for processing
through fine screens.
E. Regardless of the final degree of
preservation, evaluation and treatment
undertaken, recovered artifacts shall be
housed at a curatorial facility in
compliance with federal regulations
(36 Code of Federal Regulations [CFR]
79). If these facilities that were offered
the artifacts refuse the collection, the
collection may be offered to the Murrieta
Unified School District.
F. Should a resource(s) be encountered, a
report shall be prepared that contains an
appended itemized inventory of
specimens. This report and inventory
shall be submitted to the City of Murrieta
as Lead Agency, or their designee, and
signifies completion of the program to
mitigate impacts to paleontological
resources.
G. Should a resource(s) be encountered
and prior to removal and/or salvage of
the archaeological/paleontological
material, the Property Owner/Developer
shall notify the Assistant Superintendent
of the Murrieta School District of the
discovery of such material.
The Triangle Specific Plan
34 Mitigation Monitoring and Reporting Program
MM 4-1 A Native American Monitor and Qualified
Archaeologist shall be present during any
earth-moving construction activities. At least 30
days prior to issuance of grading permits,
separate agreem ents between the
Developer/Applicant and the Qualified
Archaeologist and the Developer/Applicant and a
Native American Monitor representing the
Luiseño Indian Tribe shall be developed regarding
prehistoric cultural resources and shall identify
any monitoring requirements and treatment of
cultural resources so as to meet both the
requirements of CEQA and those of the Luiseño
Indian Tribe. The agreements shall also address
roles and responsibilities of the Native American
Monitor and the Archaeologist. The Native
American Monitor agreement shall also detail
treatment and final dis position of any Native
American cultural resources, sacred sites, and
human remains discovered on the site. In
compliance with SC 4-2, discovery and treatment
of human remains shall be in compliance with
State Health and Safety Code Section 7050.5 and
Public Resources Code Section 5097.98. The
executed agreements shall be provided to the City
of Murrieta Community Development Director
prior to issuance of a grading permit.
If monitoring of Native American and/or other
archaeological resources occurs during project
construction, a report documenting monitoring
activities conducted by the Qualified
Archaeologist and Native American Monitor shall
be submitted to the City of Murrieta within 60 days
of completion of grading. This report shall
document the type of cultural resources recovered
and the disposition of such resources. If no
cultural resources are identified during the
monitoring activities, a letter report will be
completed within 30 days of the completion of
grading. It will document the type of monitoring
activities conducted, report any problems or
issues that occurred and state clearly that no
resources were identified. All reports produced
will be submitted to the City of Murrieta, Eastern
Information Center and the appropriate tribe(s).
Monitoring agreement
prior to issuance of
grading permits
Implementation during
any earth-moving
construction activities
Community
Development
Department
Engineering/Public
Works Department
(Inspectors)
The Triangle Specific Plan
35 Mitigation Monitoring and Reporting Program
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MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure
Monitoring
Timing/Frequency Monitoring Agency
Verification of Compliance
Initials Date Remarks
MM 4-2 Prior to issuance of any grading permit, the
Engineering/Public Works Department shall
confirm that the following note is included on
Contractor Specifications: “Should any
cultural/scientific resources be discovered during
earth-moving activities, no further grading shall
occur in the area of the discovery until the
Community Development Director and/or Caltrans
(for resources within Calt rans’ right-of-way) is
satisfied that adequate provisions are in place to
evaluate and protect these resources.” This
condition and the approved provisions/
recommendations as determined in the agreement
prepared under MM 4-1 and/or outlined in an
Evaluation Plan, shall be incorporated on the cover
sheet of the grading plan. Tribal and archaeological
monitors shall be allowed to monitor all grading,
excavation and groundbreaking activities, and shall
also have the authority to temporarily stop and
redirect grading activities.
If potentially significant features or sites are
discovered, an Evaluation Plan shall be
developed by the Project archaeologist and a
representative of Luiseño Indian Tribe and shall
contain, at a minimum, a research design and field
methodology designed to recover data amenable
to testing the site’s ability to yield answers to
questions of interest to the public and/or scientific
community. If a site is determined to be significant,
data recovery excavations may be necessary
unless the resource is avoided and
preserved/protected in place. Evaluation shall be
supervised by an individual or individuals that
meet either the Secretary of the Interior’s
Professional Qualification Standards as a
qualified Prehistoric Archaeologist, as a Historic
Archaeologist (as applicable), and/or as a
Registered Professional Archaeologist(s) with
similar qualifications.
Prior to issuance of
any grading permit
Implementation during
construction
Engineering/Public
Works Department and
Community
Development
Department
Caltrans
GEOLOGY AND SOILS
The Triangle Specific Plan
36 Mitigation Monitoring and Reporting Program
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MITIGATION MONITORING AND REPORTING PROGRAM
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Monitoring
Timing/Frequency Monitoring Agency
Verification of Compliance
Initials Date Remarks
SC 5-1 The City of Murrieta adopted the 2001 California Building Code (CBC) in its entirety, as set forth in
Chapter 15.08 (Building Code) of the Murrieta
Municipal Code . The Property Owner/Developer
shall comply with the requirements of the 2010
CBC or the most recent building and seismic
codes in effect at the time the grading plans are
approved in addition to any applicable ordinances
set forth by the City of Murrieta.
Prior to approval of
grading and building
plans
Engineering/Public
Works (for grading)
and Building and
Safety Department (for
building)
SC 5-2 Prior to issuance of an encroachment permit by
the California Department of Transportation
(Caltrans), a Preliminary Geotechnical Report
shall be submitted and approved by Caltrans for
grading and/or earthwork within Caltrans’ right-of-
way. Corrective work within Caltrans’ right-of-way
shall be done in accordance with Caltrans
standard specifications.
Prior to issuance of an
encroachment permit
by the Caltrans
Engineering/Public
Works Department
Caltrans
SC 5-3 Prior to issuance of a Grading Permit for each
future development project, a registered geologist
or soils engineer shall prepare an area-specific
Geologic Study, which shall be submitted to the
Public Works or Building and Safety Department
for approval. The Geologic Study shall specify the
measures necessary to mitigate impacts related to
fault rupture, groundshaking, landslides,
liquefaction or dynamic settling, expansive or
collapsible soils, lateral spreading, and other
geologic and seismic hazards, if any. All
recommendations in the Geologic Study shall be
implemented during area preparation, grading,
and construction.
Prior to issuance of a
grading permit for
each future
development project
Engineering/Public
Works Department
The Triangle Specific Plan
37 Mitigation Monitoring and Reporting Program
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MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure
Monitoring
Timing/Frequency Monitoring Agency
Verification of Compliance
Initials Date Remarks
SC 5-4 Prior to issuance of any Grading Permit, Property Owner/Developer of future development projects
shall comply with each of the recommendations
detailed in the Geotechnical Study, and other such
measure(s) as the City deems necessary to
adequately mitigate potential seismic and
geotechnical hazards.
Prior to issuance of
any Grading Permit
Engineering/Public
Works Department
358-Geo-1 Prior to issuance of building permits, the Property Owner/Developer shall demonstrate that all
structures and roadway improvements have been
designed to resist expected levels of ground
shaking. The most recent version of the California
Building Code ( CBC) outlines specific design
requirements for structures based on expected
potential ground acceleration, intended uses, and
subsurface soils or bedrock conditions at the site.
Prior to issuance of building permits, the Property
Owner/Developer shall demonstrate that all
structures have been designed in accordance with
the most recent seismic standards in the CBC and
seismic design parameters of the Structural
Engineers Association of California. Roadways
will be designed in accordance with seismic
design provisions established by the California
Department of Transportation to promote safety in
the event of an earthquake.
Prior to issuance of
building permits
Building and Safety
Department
358-Geo-2 Prior to issuance of a grading permit, the Property Owner/Developer shall prepare an Erosion
Control Plan in accordance with requirements
established by the City of Murrieta and the
Regional Water Quality Control Board, San Diego.
The Erosion Control Plan shall include control
measures which are subject to approval by the
City of Murrieta. All erosion control measures shall
be implemented prior to and during the rainy
season (October 15 to April 15).
Prior to issuance of a
grading permit
Engineering/Public
Works Department
The Triangle Specific Plan
38 Mitigation Monitoring and Reporting Program
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MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure
Monitoring
Timing/Frequency Monitoring Agency
Verification of Compliance
Initials Date Remarks
358-Geo-3 Prior to issuance of a grading permit, the Property Owner/Developer shall incorporate the following
as part of project grading plans upon approval by
the City. “Unsuitable materials such as alluvium,
topsoil and artificial fill will be excavated and
removed or recompacted prior to placement of
structural fills. Potentia lly liquefiable soils shall
also be excavated.” The Property
Owner/Developer is required to comply with all
conditions of the permit as outlined on the grading
plans; verification of completion of this
requirement shall be completed by the City
Engineering/Public Works Department during
construction.
Prior to issuance of a
grading permit
Verification of
completion during
construction
Engineering/Public
Works Department
358-Geo-4 Prior to issuance of a grading permit, the Property Owner/Developer shall incorporate the following
as part of project grading plans upon approval by
the City. “Removal of compressible materials will
be required in all areas of structural fill to minimize settlement potential.” The Property
Owner/Developer is required to comply with all
conditions of the grading permit as outlined on the
grading plans; verificatio n of completion of this
requirement shall be completed by the City
Engineering/Public Works Department during
construction.
Prior to issuance of a
grading permit
Verification of
completion during
construction
Engineering/Public
Works Department
358-Geo-5 During grading operations, unsuitable materials such as colluviums, allu vium, topsoil, landslide
debris and artificial fill shall be excavated and
removed or recompacted prior to placement of
structural fills. Site preparation, excavation and
earthwork completion operations shall be
performed under the observation and testing of a
soils engineer.
During grading
operations
Engineering/Public
Works Department
358-Geo-6 During grading operations, removal of
colluvium/compressible materials will be required
in all areas of structural fill to minimize settlement
potential.
During grading
operations
Engineering/Public
Works Department
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MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure
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Timing/Frequency Monitoring Agency
Verification of Compliance
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358-Geo-7 Prior to issuance of a grading permit, the Property Owner/Developer shall provide detailed grading
plans prepared by a registered Geotechnical
Engineer (in conformance with established City of
Murrieta procedures) further defining project
earthwork requirements. These plans shall be
subject to the review and approval of the City of
Murrieta. A geotechnical review of the detailed
grading plans for the project shall also be
required. Additional subsurface investigation shall
be conducted during the subsequent planning to
provide specific design requirements for the
project area.
Prior to issuance of a
grading permit
Engineering/Public
Works Department
358-Geo-8 All cut slopes adjacent to ungraded natural terrain and exceeding ten (10) feet in vertical height shall
be contour graded incorporating the following
grading techniques:
a. The angle of the graded slope shall be
gradually adjusted to the angle of the
natural terrain.
b. Angular forms shall be discouraged. The
graded form shall reflect the natural
rounded terrain.
c. The toes and tops of slopes shall be
rounded with curves with radii designed
in proportion to the total height of the
slopes where drainage and stability
permit such rounding.
d. Where cut and fill slopes exceed 300 feet
in horizontal leng th, the horizontal
contours of the slope shall be curved in
a continuous, undulating fashion.
Prior to issuance of a
grading permit
Engineering/Public
Works Department
MM 5-1 Recommendations from the Preliminary
Geotechnical Report (Leighton Consulting 2008),
the Geotechnical Feasibility Report for the
Proposed Below Grade Parking Structures
(Leighton 2012) and from the forthcoming design-
level geotechnical studies shall be included in the
Prior to issuance of
each grading permit
Engineering/Public
Works Department
Caltrans
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40 Mitigation Monitoring and Reporting Program
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Grading Plans and Building Design Specifications
prior to issuance of each grading permit.
Compliance with this requirement shall be verified
by the City of Murrieta’s Engineering/Public Works
Department for construction activities under the
jurisdiction of the City of Murrieta and by Caltrans
for grading within Caltrans right-of-way. Based on
the Preliminary Geotechni cal Report, preliminary
recommendations to be included in the project
specifications are related to: site preparation,
removal and recompaction, structural fills, utility
trenches, shrinkage and bulking, slope stability
(slope face compaction and finishing and slope
landscaping), surface drainage and erosion,
foundation design, floor slab design, footing
setback, anticipated settlement, lateral earth
pressures and resistance, concrete and metallic
corrosion, and preliminary pavement section
design.
Prior to issuance of
building permits
Building & Safety
Department
MM 5-2 Prior to issuance of each grading permit, a note shall be added to the Grading Plan that states:
“During grading operations and foundation
installation, grading and earthwork shall be
performed under the reasonably continuous
observation and testing of a registered
Geotechnical Engineer in order to achieve proper
sub-grade preparation, sel ection of satisfactory
materials, and placement and compaction of all
structural fill. Site pr eparation, removal of
unsuitable soils, approval of imported earth
materials, fill placement, foundation installation
and other site geotechnically-related operations
shall be observed and tested by a registered
Geotechnical Engineer. A Geotechnical Engineer
shall review the project plans and specifications
prior to release for bidding and construction to
determine whether the geotechnical
recommendations have been effectively
implemented. Review of findings shall be reported
Prior to issuance of
each grading permit
Engineering /Public
Works Department
The Triangle Specific Plan
41 Mitigation Monitoring and Reporting Program
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MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure
Monitoring
Timing/Frequency Monitoring Agency
Verification of Compliance
Initials Date Remarks
in writing to the Engineering/Public Works
Department by the Geotechnical Engineer.”
MM 5-3 Prior to issuance of each grading permit that
includes any utility improvements or other work in
trenches on or off the project site, the Property
Owner/Developer shall demonstrate to the City of
Murrieta, and Caltrans f or construction within
Caltrans right-of-way, that appropriate
geotechnical measures, as defined in the site-
specific geotechnical in vestigation, have been
included in the Contractor Specifications. These
recommendations may include, but not be limited
to, trench wall support; continuous monitoring of
the shoring elements and existing ground
surfaces in the adjacent area for movement; and
off-site pavement rehabilitation, as needed.
Prior to issuance of
each grading permit
Engineering/Public
Works Department
Caltrans
HYDROLOGY AND WATER QUALITY
PDF 6-1 As described in Section 3, Project Description, The Triangle Specific Plan identifies conceptual
on-site drainage facilities (including on-site
detention/ infiltration basins, streets, parking lots,
storm drains, and culverts) and off-site storm drain
connections (refer to Exh ibit 5.6-1, Conceptual
Drainage Plan). On-site drainage facilities shall be
designed concurrent with Development Plans for
The Triangle and shall be designed to
accommodate any increase in runoff above the
existing condition. The Property Owner/Developer
shall construct all necessary storm drain and
flood-control improvements and channelization in
compliance with the City of Murrieta and the
Riverside County Flood Control and Water
Conservation District standards to provide 100-
year flood protection.
Concurrent with
Development Plans
Engineering/Public
Works Department
The Triangle Specific Plan
42 Mitigation Monitoring and Reporting Program
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MITIGATION MONITORING AND REPORTING PROGRAM
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Monitoring
Timing/Frequency Monitoring Agency
Verification of Compliance
Initials Date Remarks
PDF 6-2 In compliance with applicable regulatory
requirements, including the Municipal Separate
Storm Sewer System (MS4) permit, the project
shall incorporate site design practices to reduce
runoff and to promote a hydrologically functional
project that mimics the natural hydrologic regime
to the extent feasible. The proposed project
includes non-structural/source-control Best
Management Practices (BMPs) and
structural/treatment-control BMPs. Non-structural/
source-control BMPs include using permeable
paving materials; covering loading docks;
connecting restaurant e quipment wash areas to
grease traps connected directly to the sewer; and
implementing other similar measures.
Structural/treatment-control BMPs planned for the
site may include an underground combined
detention/infiltration bas in, landscape detention
areas, and roof/loading docks filter units. Erosion-
control measures shall also be implemented
during and post construction.
Concurrent with
Development Plans
Engineering/Public
Works Department
SC 6-1 Prior to issuance of any Grading or Building
Permit, and as part of the future development’s
compliance with the NPDES requirements, a
Notice of Intent shall be prepared and submitted
to the San Diego RWQCB providing notification
and intent to comply with the State of California
General Construction Permit. Also, a Stormwater
Pollution Prevention Plan (SWPPP) shall be
reviewed and approved by the Director of Public
Works and the City Engineer for water quality
construction activities on-site. A copy of the
SWPPP shall be available and implemented at the
construction site at all times. The SWPPP shall
outline the source control and/or treatment control
BMPs to avoid or mitigate runoff pollutants at the
construction site to the “maximum extent
practicable.” All recommendations in the Plan
shall be implemented during area preparation,
grading, and construction. The Property
Prior to issuance of
any grading or
building permit
Engineering/Public
Works Department
The Triangle Specific Plan
43 Mitigation Monitoring and Reporting Program
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MITIGATION MONITORING AND REPORTING PROGRAM
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Monitoring
Timing/Frequency Monitoring Agency
Verification of Compliance
Initials Date Remarks
Owner/Developer shall comply with each of the
recommendations detailed in the Study, and other
such measure(s) as the City deems necessary to
mitigate potential stormwater runoff impacts
(General Plan EIR
MM HYD-1).
SC 6-2 Prior to issuance of any Grading Permit, future
development projects s hall prepare, to the
satisfaction of the Director of Public Works and the
City Engineer, a Water Quality Management Plan
or Stormwater Mitigation Plan, which includes
Best Management Practices (BMPs), in
accordance with the Riverside County DAMP and
the Murrieta WQMP. All recommendations in the
Plan shall be implemented during post
construction/operation phase. The Property
Owner/Developer shall comply with each of the
recommendations detailed in the Study, and other
such measure(s) as the City deems necessary to
mitigate potential water quality impacts (General
Plan EIR MM HYD-2).
Prior to issuance of
any Grading Permit
Engineering/Public
Works Department
SC 6-3 Prior to the issuance of a grading permit for
construction within the Caltrans right-of-way, the
Property Owner/Developer shall provide written
evidence to the City of Murrieta Community
Development and Engineering/Public Works
Department from Caltrans that it is in compliance
with (1) the requirem ents of the Caltrans
Statewide NPDES Storm Water Permit (Order No.
99-06-DWQ, NPDES No. CAS000003, or the
latest approved NPDES permit in effect at the time
of the issuance of an Encroachment Permit by
Caltrans); (2) the BMPs specified in the Caltrans
Storm Water Management Plan; and (3) the
requirements of the Construction General Permit
(CGP) (NPDES No. CAS000002, Order No. 2009-
0009-DWQ, or the latest approved CGP in effect
at the time of issuance of an Encroachment Permit
by Caltrans).
Prior to the issuance
of a grading permit for
construction within the
Caltrans right-of-way
Engineering/Public
Works Department and
Community
Development
Department
Caltrans
The Triangle Specific Plan
44 Mitigation Monitoring and Reporting Program
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MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure
Monitoring
Timing/Frequency Monitoring Agency
Verification of Compliance
Initials Date Remarks
358-H-1 Prior to the issuance of any Development Plan
permit, the Property Owner/Developer shall
prepare a drainage plan which shall identify all
drainage improvements proposed for the project
area. These improvements shall be constructed in
accordance with the guidelines and master
drainage plans prepared by the Riverside County
Flood Control and Water Conservation District
and subject to review and approval by the City of
Murrieta Engineering/Public Works Department.
Prior to the issuance
of any Development
Plan
Engineering/Public
Works Department
358-H-2 As a part of any Development Plan permit,
detailed hydrology/drainage analysis will be
conducted. This will address existing on-site
drainage conditions and increased runoff flows
associated with the proposed project. The
detailed analysis shall demonstrate that proposed
improvements will adequately handle project
drainage, and that the proposed improvements
are integrated and compat ible with any adjoining
drainage facilities as identified in the Murrieta
Creek Area Drainage Plan. This report shall be
submitted for review and approval by the
Engineering/Public Works Department. As the
overall plan is finalized, specific drainage
improvements shall be subject to review and
approval by the Riverside County Flood Control
and Water Conservation District.
As part of any
Development Plan
submittal
Engineering/Public
Works Department
358-H-3 The Property Owner/Developer shall obtain
encroachment permits from Caltrans for all
proposed drainage connections located within
Caltrans right-of-way and shall comply with the
conditions of the permit.
Prior to the issuance
of grading permits
Engineering/Public
Works Department
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Timing/Frequency Monitoring Agency
Verification of Compliance
Initials Date Remarks
LAND USE
SC 7-1 The Property Owner/Developer shall obtain an
Encroachment Permit from the California
Department of Transportation prior to initiation of
any activities in State ri ght-of-way. Evidence that
an Encroachment Permit has been obtained shall
be submitted to the City of Murrieta
Engineering/Public Works Department prior to
issuance of a grading permit.
Prior to issuance of
grading permits
Engineering/Public
Works Department
NOISE
SC 8-1 Prior to approval of grading plans, the City
Community Development Department shall verify
that the plans include a note indicating that noise-
generating project construction activities shall
comply with construction-related noise standards
identified in Section 16.30.130 of the City of
Murrieta Municipal Code. These standards
include the limitations on hours of construction
and maximum allowed noise levels as specified
on Table 5.8-4 of this EIR. The Contractor will be
responsible for complying with the Murrieta
Municipal Code during construction and
compliance shall be verified by the Community
Development Department.
Prior to approval of
grading plans
Compliance
verification during
construction
Community
Development
Department
SC 8-2 The project shall comply with Sections 16.30.90
and 16.30.100 of the City of Murrieta Municipal
Code which define exterior and interior noise level
limits (refer to Tables 5.8-2 and 5.8-3). Noise
sources, including but not limited to HVAC,
loading docks, and emergency generators, shall
be designed and located so that noise will not
exceed the specified limits.
Prior to issuance of
building permits
Community
Development
Department
358-N-1 Truck access, parking area design, air
conditioning/refrigeration units, emergency
generators, loading docks, and other noise
generating features shall be designed to the
satisfaction of the City of Murrieta Community
Development Department to minimize the
potential noise impacts to on-site land uses.
Prior to approval of
Development Plans
Community
Development
Department
The Triangle Specific Plan
46 Mitigation Monitoring and Reporting Program
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MITIGATION MONITORING AND REPORTING PROGRAM
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Timing/Frequency Monitoring Agency
Verification of Compliance
Initials Date Remarks
358-N-2 Prior to the issuance of building permits for hotel uses, the Property Owner/Developer shall submit,
to the satisfaction of the City of Murrieta
Community Development Department, a detailed
acoustical analysis using architectural plans. This
report shall describe and quantify the noise
sources impacting the bui lding(s), the amount of
outdoor-to-indoor noise reduction provided in the
architectural plans, and any upgrades required to
meet the City’s requirements for noise reduction
and the State’s 45 dBA CNEL Title 24 interior
noise standard. The measures described in the
report, when approved, shall be incorporated into
the architectural plans for the buildings and
implemented with building construction. These
measures may include, but not be limited to
(1) weather-stripped solid core exterior doors; (2)
upgraded dual-glazed windows for all windows
facing Murrieta Hot Springs Road, I-15, and/or
I-215; (3) mechanical ventil ation/air conditioning;
and (4) exterior wall/roof assembles free of
cutouts or openings. The Property
Owner/Developer shall be responsible for the
Contractor complying with all noise measures
identified in the acoustical analysis and the City of
Murrieta Community Development Department
shall confirm that measures have been
implemented, prior to issuance of occupancy
permits.
Prior to the issuance
of building permits for
hotel uses
Compliance
verification prior to
issuance of
occupancy permits
Community
Development
Department
MM 8-1 Prior to approval of grading plans and/or prior to issuance of building permits, plans shall include a
note stating the following: “During all project site
excavation and grading on site, the construction
contractors shall equip all construction equipment,
fixed or mobile, with properly operating and
maintained mufflers, consistent with
manufacturers’ standards. The Construction
Contractor shall place all stationary construction
equipment so that emitted noise is directed away
from the noise-sensitive receptors nearest the
Prior to approval of
grading plans and/or
prior to issuance of
building permits
Compliance
verification during
construction
Community
Development
Department
The Triangle Specific Plan
47 Mitigation Monitoring and Reporting Program
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MITIGATION MONITORING AND REPORTING PROGRAM
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Monitoring
Timing/Frequency Monitoring Agency
Verification of Compliance
Initials Date Remarks
project site.” The Contractor shall be required to
comply with all noise measures identified on the
grading plans and compliance shall be verified by
the Community Development Department during
construction.
MM 8-2 Prior to approval of grading plans and/or prior to issuance of building permits, plans shall include a
note stating the following: “The Construction
Contractor shall locate equipment staging in areas
that would create the greatest distance between
construction-related noise sources and
noise-sensitive receptors. ” The Contractor shall
be required to comply with all noise measures
identified on the grading plans and compliance
shall be verified by the Community Development
Department during construction.
Prior to approval of
grading plans and/or
prior to issuance of
building permits
Compliance
verification during
construction
Community
Development
Department
MM 8-3 Prior to approval of grading plans and/or prior to issuance of building permits, plans shall include a
note stating the following: “To the extent feasible,
haul routes shall not pass sensitive land uses or
residential dwellings. If the haul route passes
residential dwellings or other sensitive receptors,
or would create a noise disturbance across a
residential or commercial property line, the
Construction Contractor shall limit haul truck
deliveries to between the hours of 7:00 AM and
7:00 PM Monday through Saturday.” The
Contractor shall be required to comply with all
noise measures identified on the grading plans
and compliance shall be verified by the
Community Development Department during
construction.
Prior to approval of
grading plans and/or
prior to issuance of
building permits
Community
Development
Department
MM 8-4 Prior to the issuance of building permits for each building other than hotels, the Property
Owner/Developer shall submit, to the satisfaction
of the City of Murrieta Community Development
Department, a detailed acoustical analysis using
architectural plans. This analysis shall describe
and quantify the noise sources impacting the
Prior to the issuance
of building permits for
each building other
than hotels
Community
Development
Department
The Triangle Specific Plan
48 Mitigation Monitoring and Reporting Program
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MITIGATION MONITORING AND REPORTING PROGRAM
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Timing/Frequency Monitoring Agency
Verification of Compliance
Initials Date Remarks
building(s), the amount of noise reduction
provided in the architectural plans, and any
upgrades required to comply with the City’s
standards for Land Use Compatibility for
Community Noise Environments
(Table 5.8-1).
PUBLIC SERVICES AND UTILITIES
PDF 9-1 As identified in Section 3.3.1 of The Triangle
Specific Plan, and shown on Exhibit 3-17 in
Section 3, Project Description, the proposed
project includes the following improvements to the
existing domestic water system to provide
adequate water demand pressure and fire flow
requirements to the future development. These
lines shall be sized and installed per the
recommendations of final engineering plans and
the requirements of the Eastern Municipal Water
District (EMWD) and City of Murrieta, as
applicable:
On site
A new 12-inch looped trunk line internal to the
project site. New 10-inch and 12-inch lines
would connect to the 12-inch looped trunk
line for fire flow and 6-inch and 8-inch water
lines would connect to the 12-inch looped
trunk line to serve the project site.
Off site
A separate 8-inch off-site water line would be
constructed along Murrieta Hot Springs Road
to provide a direct domestic water connection
to the proposed hotel use(s) on the project
site.
Prior to approval of
each Development
Plan
Prior to issuance of
grading and building
permits
City of Murrieta
Engineering/Public
Works Department,
Fire Department, and
Building & Safety
Department
The Triangle Specific Plan
49 Mitigation Monitoring and Reporting Program
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MITIGATION MONITORING AND REPORTING PROGRAM
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Timing/Frequency Monitoring Agency
Verification of Compliance
Initials Date Remarks
PDF 9-2 As identified in Section 3.3.2 of The Triangle
Specific Plan and as shown on Exhibit 3-17 in
Section 3, Project Description, the proposed
project includes the following wastewater
improvements which shall be sized and installed
per the recommendations of final engineering
plans and the requirements of the EMWD and City
of Murrieta, as applicable:
On site
A 15-inch gravity sewer would extend from
Murrieta Hot Springs Road onto the project
site and connect to a new 10-inch sewer line
that would collect wastewater flows from the
project.
A new 18-inch gravity sewer line would
extend west along Murrieta Hot Springs Road
from the new 15-inch sewer line and connect
to an 18-inch off-site sewer line at the
project’s northwest border.
1 Off site
The existing pump station along Monroe
Avenue north of Medical Center Drive, the
ten-inch force main th at runs adjacent to the
site along Murrieta Hot Springs Road and
across I-215 to the east, and the ten-inch dry
sewer along Monroe Avenue would be
abandoned.
A gravity flow system consisting of a new 15-
inch gravity sewer line would connect with the
existing 10-inch gravity sewer line located
within Monroe Avenue right-of-way between
Medical Center Drive and Murrieta Hot
Springs Road. The 15-inch sewer pipe would
extend south onto the project site to collect
wastewater flows from the project.
Prior to approval of
each Development
Plan
City of Murrieta
Engineering/Public
Works Department
PDF 9-3 As identified in Section 2.9 of The Triangle
Specific Plan, the Construction Management Plan
Prior to construction Community
Development
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for the proposed project shall address recycling
waste material during construction to achieve a
minimum 50 percent diversion of construction
waste from landfills.
Department and
Building & Safety
Department
PDF 9-4 As stated in Section 2.9 of The Triangle Specific Plan, recycling receptacles shall be located
adjacent to trash receptacles in casual seating
and dining areas and in plazas and courtyards to
provide the opportunity for consumer recycling at
The Triangle.
Prior to approval of
each Development
Plan
Community
Development
Department
PDF 9-5 As described in Section 3.4 of The Triangle
Specific Plan and as shown on Exhibit 3-18 in
Section 3, Project Description, the proposed
project includes the following improvements to
electric, natural gas, and telecommunications
facilities which shall be sized and installed per the
recommendations of final engineering plans and
the requirements of Southern California Edison,
Southern California Gas Company, Verizon, and
the City of Murrieta, as applicable. Proposed utility
backbone facilities and service lines shall be
underground except for switching cabinets,
transformers, and similar structures and those
aboveground facilities shown on Exhibit 3-18.
On site
A new 33,000 volt to 12,000 volt substation
may be installed on the project site if
determined necessary by SCE during final
design.
Off site
An existing two-inch gas line in Murrieta Hot
Springs Road would be abandoned and
replaced by a new four-inch plastic gas line in
Murrieta Hot Springs Road.
Prior to approval of
each Development
Plan and prior to
issuance of building
permits
Engineering/Public
Works Department
1 The design and alignment of the off-site 18-inch gravity sewe r located west of the project site was analyzed as a separate p roject in a Mitigated Negative Declaration as part of the City’s Capital Improvement Program 8357, and was approved by the City in 2011.
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The existing SCE overhead facilities on
Monroe Avenue would be placed
underground and the overhead line removed
from Murrieta hot Springs Road to Walsh
Center Drive. The existing overhead 12-
kilovolt (kV) line feeding across the I-15 to the
intersection of Murrieta Hot Springs Road
and Monroe Avenue would be removed.
The existing SCE overhead line crossing the
I-15 at the south end of the project site would
be removed once an on-site source of
electricity has been provided.
Existing SCE underground street lights and
other incidental facilities (including
handholes, conduits, and service to others)
on the south side of Murrieta Hot Springs
Road would be relocated to facilitate the
widening of the roadway.
The two SCE five-inch conduits would be
extended from the existing vaults on the north
side of Murrieta Hot Springs Road south to
the project site to serve the proposed project.
The two Verizon four-inch conduits would be
extended across Murrieta Hot Springs Road
to the west (Monroe Avenue) and the east
(Hancock Avenue) entrances of the project
site.
PDF 9-6 As stated in Section 2.10 of The Triangle Specific Plan, energy efficient fixtures (such as low-
pressure sodium, compact fluorescents, light
emitting diode (LED), and solar powered lights)
shall be incorporated where possible.
Prior to approval of
each Development
Plan
Community
Development
Department
SC 9-1 In compliance with Sect ion 16.36.030 of the City of Murrieta Municipal Code, Non-Residential
Public Facilities Development Impact Fee
Required, prior to issuance of each building
permit, the Property Owner/Developer shall be
responsible for payment of the City’s
Prior to issuance of
each building permit
Engineering/Public
Works Department
The Triangle Specific Plan
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Timing/Frequency Monitoring Agency
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Development Impact Fees for each building in an
amount established by City Council Resolution.
The fees paid shall be that in effect at the time of
issuance of the building permit.
SC 9-2 The Property Owner/Developer shall comply with
all applicable codes, ordinances and regulations,
including the most current edition of the California
Fire Code and the City of Murrieta Municipal
Code, regarding fire prevention and suppression
measures; fire hydrants; automatic fire
extinguishing systems (inc luding sprinklers); fire
access; water availability; requirements for high
rise structures; and other, similar requirements.
Prior to issuance of building permits, the City of
Murrieta Community Development Department
and the Fire Department shall verify compliance
with applicable codes and that appropriate fire
safety measures are included in the project
design. All such codes and measures shall be
implemented prior to occupancy.
Prior to issuance of
building permits
Community
Development
Department and
Building & Safety
Department, and the
Fire Department
SC 9-3 Prior to the issuance of each building permit, the Property Owner/Developer shall be required to
demonstrate that the project meets the applicable
Energy Efficiency Standards for Residential and
Nonresidential Buildings (24 California Code of
Regulations [CCR] Part 6). These standards are
updated, nominally every three years, to
incorporate improved energy efficiency
technologies and methods.
Prior to issuance of
each building permit
Building & Safety
Department
SC 9-4 Prior to the issuance of each building permit, the Property Owner/Developer shall be required to
demonstrate that the Project meets the
requirements California Green Building Standards
(24 CCR 11), where applicable to the proposed
project.
Prior to issuance of
each building permit
Building & Safety
Department
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Mitigation Measure
Monitoring
Timing/Frequency Monitoring Agency
Verification of Compliance
Initials Date Remarks
MM 358-PSU-1 Passive solar heating techniques related to building orientation and design will be employed
whenever feasible within the project. Passive
systems involve orienting buildings properly to
take advantage of sun and/or shade exposures,
planting trees to reduce heat gain, providing
adequate roof overhangs to reduce interior space
cooling costs, ensuring that walls are properly
insulated and installing simple heat storage
systems. Compliance with this requirement shall
be verified by the Community Development
Department prior to approval of Development
Plans.
Prior to approval of
Development Plans
Community
Development
Department
MM 358-PSU-2 Roofs and walls will be insulated to reduce heat flow in and out, depending on the indoor/outdoor
temperatures. Light colors will be selected for the
buildings to reflect more summer heat than would
be the case with darker hues.
Prior to approval of
Development Plans
Community
Development
Department
MM 358-PSU-3 To reduce water consumption, the project will incorporate the following water conservation
devises: Low volume toilets, flow reducing faucet
aerators, pressure reducing valves, adequate
pipe insulation to reduce water used before hot
water reaches the equipment or fixtures, and
drought resistant landscaping.
Prior to approval of
Development Plans
and building permits
Community
Development
Department and
Building & Safety
Department
MM 9-1 Prior to issuance of occupancy permits, and in
coordination with the City of Murrieta, the Property
Owner/Developer shall implement security
measures and design f eatures to reduce the
demand for police services. Additional security
measures may include, but not be limited to:
Private security personnel staffed at the
project site;
On-site security cameras that are
monitored;
Increased lighting around facilities and
parking lots;
Prior to approval of
Development Plans
Community
Development
Department
And Police Department
The Triangle Specific Plan
54 Mitigation Monitoring and Reporting Program
THE TRIANGLE SPECIFIC PLAN
MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure
Monitoring
Timing/Frequency Monitoring Agency
Verification of Compliance
Initials Date Remarks
Anti-graffiti measures;
On-site medical aide; and
On-site, private, plain-clothed store
security in retail businesses or anti-theft
electronic monitors.
Evidence that security measures have been
implemented to the satisfaction of the City shall be
provided to the Community Development
Department.
TRAFFIC AND CIRCULATION
PDF 10-1 The Triangle Specific Plan includes the following roadway improvements at the project driveways
along Murrieta Hot Springs Road. These
improvements shall be installed by the Property
Owner/Developer as part of Phase 1a and shall
be completed prior to issuance of Certificate of
Occupancy permits for Phase 1a uses.
Driveway 1 (Monroe Avenue) at Murrieta Hot
Springs Road
Install northbound approach (2 left turn and 2
thru lanes)
Install southbound lanes (2 left turn and 2 thru
lanes)
Install eastbound lanes (2 left turn, 4 thru, and
1 right turn lane)
Install westbound lanes (2 left turn and 4 thru
lanes)
Install traffic signal
Driveway 2 at Murrieta Hot Springs Road
Install 1 northbound right turn lane
Install 1 eastbound right turn lane with a
minimum 200-foot pocket
Prior to issuance of
Certificate of
Occupancy permits for
Phase 1a uses
Engineering/Public
Works Department
The Triangle Specific Plan
55 Mitigation Monitoring and Reporting Program
THE TRIANGLE SPECIFIC PLAN
MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure
Monitoring
Timing/Frequency Monitoring Agency
Verification of Compliance
Initials Date Remarks
Install 4 th westbound through lane
Driveway 3 (Hancock Avenue) at Murrieta Hot
Springs Road
Install northbound approach (2 left turn, 1
thru, 1 right turn, and 1 shared right-thru lane)
Restripe southbound approach (2 left turn
and 2 thru lanes)
Install eastbound lanes (2 left turn, 4 thru and
1 right turn lanes)
Install westbound lanes (2 left turn, 4 thru
[restriping right turn lane to a shared thru/right
turn lane)
Install northbound right-turn overlap
Modify traffic signal
PDF 10-2 The Triangle Specific Plan includes the following additional roadway improvements at the project
Driveway 3 (Hancock Avenue) at Murrieta Hot
Springs Road. These improvements shall be
installed by the Property Owner/Developer as part
of Phase 2 and shall be completed prior to
issuance of Certificate of Occupancy permits for
Phase 2 uses:
Modify northbound approach (2 left turn
lanes, 1 thru lane and 2 right turn lanes) and
install right turn overlap phasing
Modify southbound approach (2 left turn
lanes, 1 right turn lane and 1 shared right-thru
lane)
Modify the eastbound approach (2 left turn
lanes, 4 thru lanes, and 1 right turn lane)
Modify westbound lanes (2 left turn, 3 thru
lanes and 1 right-turn lane)
Prior to issuance of
Certificate of
Occupancy permits for
Phase 2 uses
Engineering/Public
Works Department
The Triangle Specific Plan
56 Mitigation Monitoring and Reporting Program
THE TRIANGLE SPECIFIC PLAN
MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure
Monitoring
Timing/Frequency Monitoring Agency
Verification of Compliance
Initials Date Remarks
PDF 10-3 The Triangle Specific Plan includes the following additional roadway improvements at the project
driveways along Murrieta Hot Springs Road.
These improvements shall be installed by the
Property Owner/Developer as part of Phase 3 and
shall be completed prior to issuance of Certificate
of Occupancy permits for Phase 3 uses:
Driveway 1 (Monroe Avenue) at Murrieta Hot
Springs Road
Modify northbound approach to provide 2 left
turn lanes, 1 shared left/thru lane, and 1 thru-
right turn lane
Modify southbound approach to provide 2 left
turn lanes, 1 thru lane, 1 right turn lane, 1
shared right-thru lane
Driveway 3 (Hancock Avenue) at Murrieta Hot
Springs Road
Install northbound approach (1 additional thru
lane)
Restripe southbound approach to include 2
left turn lanes, 1 thru lane, 1 right turn/thru
lane
Prior to issuance of
Certificate of
Occupancy permits for
Phase 3 uses
Engineering/Public
Works Department
PDF 10-4 As identified in Section 3.3.2 of the Project
Description, an “internal connector road” shall be
provided internal to The Triangle to provide
through circulation connecting the primary entries.
The internal connector road shall form either a
loop road or a grid pattern of connections. A series
of secondary driveways are planned to connect
parking to the internal connector road; these
drives shall include one or two lanes in each
direction with a 10-foot raised median. The onsite
circulation system for The Triangle shall be
finalized prior to submittal of a Development
Plan(s) for City review.
Prior to submittal of a
Development Plans
Community
Development
Department,
And
Engineering/Public
Works Department
The Triangle Specific Plan
57 Mitigation Monitoring and Reporting Program
THE TRIANGLE SPECIFIC PLAN
MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure
Monitoring
Timing/Frequency Monitoring Agency
Verification of Compliance
Initials Date Remarks
PDF 10-5 As identified in Section 3.3.2 of the Project Description, The Triangle Specific Plan includes a
6-foot meandering sidewalk along the southern
side of Murrieta Hot Springs Road to provide
pedestrian access to the three project entries.
Internal pedestrian circul ation consists of 6-foot
sidewalks along the internal circulation road, 5-
foot sidewalks along secondary drives, and 5-foot
pathways that connect the planning area and uses
within The Triangle. Marked crosswalks shall be
provided at all street crossing to ensure
pedestrian safety; mid-block crossings shall be
prohibited on the internal connector road.
Prior to approval of
each Development
Plan
Community
Development
Department
And
Engineering/Public
Works Department
PDF 10-6 As identified in Section 3.3.2 of the Project
Description and shown on Exhibit 3-5, a 5-foot on-
street bicycle lane is planned for Murrieta Hot
Springs to allow cyclists to access The Triangle. A
5-foot wide bike lane shall be provided either as an
on-street lane on the internal connector road or in a
multi-purpose path along one side of the internal
collector road. The final design of the internal bike
lane shall be shown on the Development Plan(s).
Bicycle racks or lockers shall be located near
office buildings and throughout the retail area of
The Triangle. Bicycle spaces for employees shall
be secure, enclosed spaces that are located in a
key-accessed area and are illuminated at night.
Bicycle spaces for visitors and customers shall
include bicycle racks located in areas that are
clearly visible from a primary building entrance,
illuminated at night, and protected from damage
from moving and parked vehicles. These racks
shall include provision for securing bicycles in
which the user may lock the frame and wheels.
Prior to approval of
each Development
Plan
Community
Development
Department
And
Engineering/Public
Works Department
PDF 10-7 As identified in Section 3.3.2 of the Project
Description, a public transit stop with a bus turnout
shall be provided on the south side of Murrieta Hot
Springs Road just east of the Monroe Avenue
intersection. The transit stop shall include a
seating bench and passenger shade shelter.
Prior to approval of
each Development
Plan
Community
Development
Department
The Triangle Specific Plan
58 Mitigation Monitoring and Reporting Program
THE TRIANGLE SPECIFIC PLAN
MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure
Monitoring
Timing/Frequency Monitoring Agency
Verification of Compliance
Initials Date Remarks
PDF 10-8 As identified in Section 3.3.2 of the Project
Description, a Travel Demand Management
(TDM) Plan shall be prepared concurrently with
each Development Plan to identify potential
means of reducing automobile trips to the site.
The TDM Plan shall document what steps will be
taken to facilitate and encourage alternate modes
of travel, such as cycling, carpooling, and
alternate fuel vehicles charging stations.
Concurrent with each
Development Plan
Community
Development
Department
MM 10-1 Existing Plus Project Condition – Direct
Project Impacts
Prior to issuance of the first building permit for
Phase 1a, the Property Owner/Developer shall
assure by permit and bond, the construction of the
following improvements at the intersection of
Hancock Avenue/Parkcrest Drive satisfactory to
the City Engineer.
Install a traffic signal.
Modify the southbound approach from a
shared left-through lane with an
exclusive right turn lane to provide an
exclusive left turn lane with a shared
through-right turn lane.
Modify the westbound approach from a
single approach lane to provide an
exclusive left turn lane and a shared
through-right lane.
Prior to issuance of
the first building
permit for Phase 1a
Engineering/Public
Works Department
MM 10-2 The property owner/developer shall contribute its fair-share cost for improvements in the City of
Murrieta at the following intersections that are not
required/conditioned to be constructed by other
approved projects in the City.
Jefferson Road at Mu rrieta Hot Springs
Road
o Install northbound free right-
turn lane
Prior to issuance of
Certificate of
Occupancy permits
Engineering/Public
Works Department
The Triangle Specific Plan
59 Mitigation Monitoring and Reporting Program
THE TRIANGLE SPECIFIC PLAN
MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure
Monitoring
Timing/Frequency Monitoring Agency
Verification of Compliance
Initials Date Remarks
o Restripe westbound approach
along Murrieta Hot Springs
Road
o Modify traffic signal
Madison Avenue at Murrieta Hot Springs
Road
o Restripe eastbound approach
o Modify traffic signal
Whitewood Drive at Murrieta Hot Springs
Road
o Install westbound right-turn
lane
I-15 Northbound Ramp at Murrieta Hot
Springs Road
o Remove northbound free right
and restripe the approach
o Install eastbound free right-turn
lane
o Remove eastbound left-turn
lane
o Install additional eastbound
through lane
o Install additional westbound
through lane
o Modify traffic signal
I-215 Southbound Ramps at Murrieta
Hot Springs Road
o Install additional southbound
lane
o Modify traffic signal
Fair share payments shall be made to the City of
Murrieta. Should the City adopt a Traffic Mitigation
Fee Program for any of these improvements, the
Property Owner/Developer’s mitigation fees shall
be paid in accordance with that program in lieu of
fair share payments. If a fee program is not
The Triangle Specific Plan
60 Mitigation Monitoring and Reporting Program
THE TRIANGLE SPECIFIC PLAN
MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure
Monitoring
Timing/Frequency Monitoring Agency
Verification of Compliance
Initials Date Remarks
adopted, the actual amount and timing of fair
share payments, or other financial security for
such fair share payments that may be approved
by the City Traffic Engineer, shall be determined
prior to issuance of building permits. The fair
share amount shall be verified by the Department
of Public Works prior to payment. Evidence of
payment or timely compliance with an approved
fair share shall be provided to the Department of
Public Works prior to issuance of Certificate of
Occupancy permits.
MM 10-3 Prior to issuance of grading permits for
development of any allowed uses under Phase 2
of The Triangle Specific Plan, planned
improvements for the City of Temecula I-
15/French Valley Parkway Improvements Project
shall be complete or it shall be demonstrated that
the improvement will be complete prior to
issuance of grading permits. Should the Property
Owner/Developer pursue development of Phase 2
prior to completion of these improvements,
additional traffic analysis shall be required for the
proposed development. Should it be determined
through this traffic analysis that new significant
impacts that are not addressed in this EIR would
result, additional environmental review pursuant
to CEQA would be required.
Prior to issuance of
grading permits for
development of any
allowed uses under
Phase 2 of The
Triangle Specific Plan
Engineering/Public
Works Department
And
Community
Development
Department
MM 10-4 Prior to issuance of each grading permit, the
Property Owner/Developer shall submit
construction Traffic Control Plans to the City of
Murrieta Engineering/Public Works Department,
satisfactory to the City Engineer. The Traffic
Control Plans shall describe traffic-controlling
measures associated with project improvements
to be implemented to manage traffic flow in all
directions, including where utilities and other
improvements are being im plemented in existing
roadways. The Traffic Control Plans shall include,
but not be limited to, (1 ) identification of
construction haul routes; (2 ) identification of site
Prior to issuance of
each grading permit
Engineering/Public
Works Department
The Triangle Specific Plan
61 Mitigation Monitoring and Reporting Program
THE TRIANGLE SPECIFIC PLAN
MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure
Monitoring
Timing/Frequency Monitoring Agency
Verification of Compliance
Initials Date Remarks
emergency access points/routes; (3) phased
duration and location of anticipated lane closures;
(4) location of parking for the public and
construction workers during construction phases;
(5) use of flaggers; and (6) temporary routes for
pedestrians and bicyclists to avoid construction
activities. The contractor will be required to obtain
a traffic control permit to minimize disruption to the
traveling public during construction.
GREENHOUSE GAS EMISSIONS
PDF 11-1 As identified in Section 2.9 of The Triangle Specific Plan, all buildings in The Triangle shall be
constructed in complia nce with the CalGreen
Code.
Prior to issuance of
building permits
Building & Safety
Department
PDF 11-2 As identified in Section 2.9 of The Triangle Specific Plan, a construction Management Plan shall be
prepared and implemented by the building
contractor(s) to achieve a minimum 50 percent
diversion of construction waste from landfills.
Compliance with this
PDF will
accomplished through
implementation of
PDF 9-3 under Public
Services and Utilities.
Community
Development
Department
PDF 11-3 As identified in Section 2.9 of The Triangle Specific Plan, all flat, non-visible portions of building roofs
shall be cool colors that have a high solar
reflectance and ther mal emittance. These
characteristics reflect light, thereby reducing heat
transfer and furthering the ability to allow heat to
escape from a surface once it has been absorbed.
Prior to approval of
each Development
Plan
Community
Development
Department
PDF 11-4 As identified in Section 2.9 of The Triangle Specific Plan, signs shall be posted in the retail area
limiting idling time for commercial vehicles to no
more than five minutes.
Prior to approval of
each Development
Plan
Community
Development
Department
PDF 11-5 As identified in Section 2.9 of The Triangle Specific Plan, recycling receptacles will be located
adjacent to trash receptacles in casual seating
and dining areas and in plazas and courtyards to
provide the opportunity for consumer recycling at
The Triangle.
Prior to approval of
each Development
Plan
Community
Development
Department
The Triangle Specific Plan
62 Mitigation Monitoring and Reporting Program
THE TRIANGLE SPECIFIC PLAN
MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure
Monitoring
Timing/Frequency Monitoring Agency
Verification of Compliance
Initials Date Remarks
PDF 11-6 As identified in Section 2.9 of The Triangle Specific Plan, heat islands shall be reduced to minimize the
impact of thermal gradient differences between
developed and undeveloped areas. This is
achieved by including parkways along the south
side of Murrieta Hot Springs Road and both sides
of the Internal Connector Road, by requiring
shade trees within large parking fields, and
incorporating lighter colored paving materials for
pathways, sidewalks, and gathering places.
Prior to approval of
each Development
Plan
Community
Development
Department
PDF 11-7 As identified in Section 2.9 of The Triangle Specific Plan, a Leadership in Energy and Environmental
Design (LEED) certified (or equivalent)
professional shall be involved with all landscaping
p l a n s t o p r o m o t e a r a n g e o f a c t i v e a n d p a s s i v e sustainable design measures and professional
best practices.
Prior to approval of
each Development
Plan
And Prior to issuance
of landscape permits
Community
Development
Department
PDF 11-8 As identified in Section 2.10 of The Triangle Specific Plan, energy efficient fixtures shall be incorporated
where possible, such as low-pressure sodium,
compact fluorescents, light emitting diode (LED),
and solar powered lights.
Prior to approval of
each Development
Plan and building
permits
City of Murrieta
Community
Development
Department
And
Building & Safety
Department
PDF 11-9 As identified in Section 2.7.4 of The Triangle Specific Plan, careful plant selections and the
latest technology for irrigation will be incorporated
to reduce energy and water consumption.
Elements will include (1) the use of
evapotranspiration irrigation controllers, (2) the
use of a minimum of 50 percent of low water use
or drought tolerant plants for landscaping, and
(3) the use of mowed turf only in spaces where it
serves a functional purpose.
Prior to approval of
each Development
Plan and landscape
permits
City of Murrieta
Community
Development
Department
The Triangle Specific Plan
63 Mitigation Monitoring and Reporting Program
THE TRIANGLE SPECIFIC PLAN
MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure
Monitoring
Timing/Frequency Monitoring Agency
Verification of Compliance
Initials Date Remarks
MM 11-1 Prior to the issuance of each occupancy permit, the Applicant shall submit for approval to the City
of Murrieta Community Development Department
a plan for the future building manager to provide
educational information to all tenants and
employees on (1) water conservation; (2) energy
conservation, including the use of energy-efficient
lighting and the limiti ng of outdoor lighting;
(3) mobile source emission reduction techniques,
such as use of Transportation Demand
Management (TDM) programs; alternative modes
of transportation; and zero- or low-emission
vehicles; and (4) recycling services. The plan shall
require the provision of this information to all
tenants upon initial occupancy and to all new
employees working within the development.
Distribution of the materials shall be repeated
annually or more frequently.
Prior to the issuance
of each occupancy
permit
The requirements of
this MM shall be
combined with the
requirements
identified in MM 2-4
under Air Quality
(submittal of one plan
to tenants and
employees)
Community
Development
Department
MM 11-2 The proposed project shall provide preferred
parking and facilities for the charging of electric
vehicles. Preferred parking for electric vehicles
shall be provided at the rate of 1 preferred space
per 100 total spaces (1 percent). The initial
construction shall include the infrastructure to
support multiple charging stations at each major
parking location. At Phase 1a, one station shall be
operational and thereafter the Property
Owner/Developer shall provide one station at
each major parking location. Further, the Property
Owner/Developer shall conduct annual tenant
surveys and activate additional stations to meet
the demand.
Prior to the issuance
of occupancy permits
Building & Safety
Department
And
Community
Development
Department
The Triangle Specific Plan
64 Mitigation Monitoring and Reporting Program
THE TRIANGLE SPECIFIC PLAN
MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure
Monitoring
Timing/Frequency Monitoring Agency
Verification of Compliance
Initials Date Remarks
MM 11-3 Prior to the issuance of any building permit for a hotel, Class A office, or parking garage and prior
to the issuance of each building permit after
completion of 100,000 sf of development in the
Specific Plan area, the Property Owner/
Developer shall submit plans for approval to the
City of Murrieta Building Department that show the
incorporation of renewable energy generation that
provides a minimum of 10 percent of the
estimated total electrical energy use of the
planned development with the expectation that
greater energy savings will be accomplished to
the extent feasible.
Prior to the issuance
of any building permit
for a hotel, Class A
office, or parking
garage
Prior to the issuance
of each building
permit after
completion of 100,000
sf of development in
the Specific Plan area
Building & Safety
Department
and
Community
Development
Department
Appendix C
Biological Site Reconnaissance Memorandum
Hernandez Environmental Services (January 2023)
Page | 1
Hernandez Environmental Services
17037 Lakeshore Drive
Lake Elsinore, California 92530
Tel. 951.334.6219
Memorandum
Date: January 5, 2023
To: Saul Jaffe, Domenigoni-Barton Properties, LLC
From: Shawn Gatchel-Hernandez, Principal Regulatory Specialist Subject: Site Reconnaissance for the Triangle Project
HES was contracted to conduct a site reconnaissance for the Triangle Project (Project) to provide an update on the Project site conditions. The Project site consists of approximately
64.3 acres located south of the intersection of Murrieta Hot Springs Road and Hancock Avenue in the southern portion of the City of Murrieta, within southwestern Riverside County, California (Figures 1 and 2) . The Pro ject consists of the development of the project site with a mixed -use development, including residential, restaurant, commercial/retail, theater/entertainment, hotel, and office uses.
Background
Biological assessments were previously conducted for the Project by BonTerra Consulting in 2007, 2008, and 2010. Focused burrowing owl surveys were conducted by BonTerra Consulting in 2007 and Helix Environmental Planning in 2020. Jurisdictional delineations were prepared for the Project by Helix Environmental Planning in 2010 and 2019.
The previous biological assessme nts found that the site contained disturbed buckwheat scrub, willow riparian scrub, mulefat scrub, individual Fremont cottonwood trees, ornamental, annual grassland/ruderal, ruderal, disturbed, and developed areas. The entire Project site was previously grubbed and detention basins were constructed. Ruderal and annual grassland/ruderal areas comprised the majority of the Project site . It was determined that t he vegetation within the Project site provide d low to moderate quality habitat for various wildlife species. No listed plant or wildlife species were found to occur on the Project site. The Project site was found to have the potential to support burrowing owl; however, focused surveys found that no burrowing owl were occupying the site at the time of surveys.
The jurisdictional delineation found that the Project site contained a small, unnamed tributary to Murrieta Creek that conveys runoff from I -215 across the southern corner of the site. The drainage enter ed the Project site alon g the southeastern boundary and
Page | 2
Hernandez Environmental Services
17037 Lakeshore Drive
Lake Elsinore, California 92530
Tel. 951.334.6219
meanders through the southern portion of the Project site for approximately 524 feet until it exited at the southern boundary. The drainage continue d off-site for approximately 70 feet before it flowed into a culvert and cont inued under the I-15 Freeway and outlet 0.12 mile north of Monroe Avenue and continued for approximately a mile in storm drains until it connected to Murrieta Creek, which ultimately drains into the Santa Margarita River.
Existing Conditions and Results
HES conducted a site reconnaissance to document current Project site conditions on January 2, 2023. The ambient temperature at 8:30 AM was 47º Fahrenheit, cloudy, with winds ranging from zero to three miles per hour from the southeast . The purpose of the field survey was to document the existing habitat conditions. Representative site photographs were taken and are included within Appendix A.
The topography on the Project site slopes from north to the south. Elevations on the Project site range from approximately 1,112 feet above mean sea level (AMSL) near th e northeastern corner to approximately 1,152 feet above AMSL near the northwestern corner.
The Project site consist s of v acant lands that appear s have been previously graded. The site is regularly disturbed by weed abatement activities. A cleared dirt and gravel lot is located in the northwestern portion of the site. Gravel trails cross the site and several lined basins with lined spillways are scattered throughout. A disturbed, ephemeral drainage course crosses through the southeastern portion of the site. Surrounding land uses include Murrieta Hot Springs Road and a mixture of commercial developments to the north; the I- 15 Freeway to the west and south; the I-215 Freeway to the east; a mixture of residential development and undeveloped land to the south.
Habitat Types
Four habitat types occur on the Project site: disturbed/developed areas , ruderal areas , disturbed buckwheat scrub habitat, and ephemeral drainage, as described below.
Disturbed/Developed Areas
The onsite disturbed/developed areas primarily occur within the northern and northwestern portions of the Project site. These areas are disturbed and unvegetated. They consist of a dirt and gravel lot, gravel trails, and lined basins and spillways.
Ruderal Areas
The Project site is dominated by ruderal areas that appear to be frequently mowed. Species observed in these areas include brome grasses ( Bromus sp.), short -pod mustard (Hirschfeldia incana), Russian thistle (Salsola tragus), cudweed (Lessingia filaginafolia), Page | 3
Hernandez Environmental Services
17037 Lakeshore Drive
Lake Elsinore, California 92530
Tel. 951.334.6219
western ragweed ( Ambrosia psilostachya), telegraph weed ( Heterotheca grandiflora), doveweed (Croton setigerus), and slender buckwheat (Eriogonum gracile).