HomeMy WebLinkAbout06-027 CC Resolution
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RESOLUTION NO. 06-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA DENYING THE APPEAL AND
UPHOLDING THE DECISION OF THE PLANNING
COMMISSION OF THE CITY OF TEMECULA TO
APPROVE PLANNING APPLICATION NO. PA04-0490,
VESTING TENTATIVE TRACT MAP; PA04-0491,
CONDITIONAL USE PERMIT; AND PA04-0492,
DEVELOPMENT PLAN (PRODUCT REVIEW) FOR THE
DEVELOPMENT OF 96 SINGLE-FAMILY UNITS, 96 TRI-
PLEX UNITS, AND 236 FOUR-PLEX UNITS (428 TOTAL
UNITS) GENERALLY LOCATED AT THE NORTH EAST
CORNER OF LOMA LINDA ROAD AND TEMECULA
LANE
THE CITY COUNCil OF THE CITY OF TEMECUlA DOES HEREBY RESOLVE
AS FOllOWS:
Section 1. The City Council of the City of Temecula does hereby find,
determine and declare that:
A. Continental Residential Inc., filed Planning Application No.'s PA04-0490,
PA04-0491, and PA04-0492, in a manner in accord with the City of Temecula General
Plan and Development Code.
B. Planning Application Nos. PA04-0490, PA04-0491, and PA04-0492 were
processed including, but not limited to a public notice, in the time and manner
prescribed by State and local law.
C. The Planning Commission, at a regular meeting, considered Planning
Application No.'s PA04-0490, PA04-0491, and PA04-0492 on December 14, 2005, and
on January 18, 2006 at duly noticed public hearings as prescribed by law, at which time
the City staff and interested persons had an opportunity to and did testify either in
support or in opposition to this matter.
D. The City Council, at a regular meeting, considered Planning Application
No.'s PA04-0490, PA04-0491, and PA04-0492 on March 21, 2006 at duly noticed
hearings as prescribed by law, at which time the City staff and interested persons had
an opportunity to and did testify either in support or in opposition to this matter.
Section 2. Findinas. The City Council, in approving Planning Application No.
PA04-0490 (Vesting Tentative Tract Map), PA 04-0491 (Conditional Use Permit), and
PA 04-0492 (Development Plan) hereby makes the following findings as required by
Section 17.05.010F of the Temecula Municipal Code.
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Appeal
A.
The proposed project is consistent with the Traffic Element of the General
Plan;
The Temecula Lane project was conditioned to extend Via Del Coronado along
the eastem end of the project to cross Temecula creek and tie into Avenida de
Missiones. The appellant contends that this is an unsafe location because it is
the entrance to the Bridalvale and Redhawk neighborhoods, as well as, the Erie
Stanley Gardner Middle School. The appellant also states that the future
connection should be located from the intersection of Loma Linda Road and
Redwood Road to the Temecula creek. This requested arterial is not included in
the General Plan and is not needed to mitigate the project's impacts. The
Temecula Lane project was appropriately conditioned in conformance with the
General Plan to dedicate right-of-way for the extension of a two-lane collector
(Via del Coronado) which will eventually cross Temecula Creek to Avenida de
Missiones.
Tentative Tract Map (Code Section 16.09.1400)
A. The proposed subdivision and the design and improvements of the
subdivision are consistent with the Development Code, General Plan, the Subdivision
Ordinance and the City of Temecula Municipal Code;
Vesting Tentative Tract Map No. 31946 is consistent with the General Plan, the
Subdivision Ordinance, the Development Code, and the Municipal Code because
the project has been designed in a manner that it is consistent with the General
Plan, Subdivision Ordinance, Development Code, and the Municipal Code. The
appellant's request to relocate the future roadway corridor (Via Del Coronado)
located along the eastem end of the project is not consistent with the General
Plan and is not needed to mitigate the project's impacts. The Vesting Tract Map
No. 31946 was appropriately conditioned in conformance with the General Plan
to dedicate right-of-way for the extension of a two-lane collector (Via Del
Coronado).
B. The tentative map does not propose to divide land, which is subject to a
contract entered to pursuant to the California Land Conservation Act of 1965;
This project is not located with the Williamson Act, and therefore does not
propose to subdivide land that has been entered into an Agricultural Contract.
C. The site is physically suitable for the type and proposed density of
development proposed by the tentative map;
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The project consists of a 107-lot 428 total residential units) Vesting Tentative
Tract Map on property designated for high density residential uses (a portion
which should be affordable housing), which is consistent with the General Plan.
D. The design of the subdivision and the proposed improvements, with
conditions of approval, will not be likely to cause significant environmental damage or
substantially and avoidably injure fish or wildlife or their habitat;
A Mitigated Negative Declaration was approved for the stockpile and grading
permit, which addressed environmental impacts on the site. Mitigation measures
(described in the Mitigation Monitoring Program), have been incorporated as
conditions for this application, as appropriate. The application is consistent with
the project description analyzed in the Mitigated Negative Declaration and no
subsequent environmental review is necessary per Section 15162 of the
California Environmental Quality Act.
E. The design of the subdivision and the type of improvements are not likely
to cause serious public health problems;
The project has been reviewed and commented on by the Fire Prevention
Division and the Building & Safety Division. As a result, the project will be
conditioned to address their concerns. Further, provisions are made in the
General Plan and the Development Code to ensure that the public health, safety
and welfare are safeguarded. The project is consistent with these documents.
F. The design of the subdivision provides for future passive or natural
heating or cooling opportunities in the subdivision to the extent feasible;
The design of the subdivision provides for future passive or natural heating or
cooling opportunities in the subdivision to the extent feasible. Prior to the
construction of single-family residences the applicant will be required to submit
building plans to the Building Department that comply with the Uniform Building
Code, which contains requirements for energy conservation.
G. The design of the subdivision and the type of improvements will not
conflict with easements acquired by the public at large for access through or use of
property within the proposed subdivision;
All required rights-of-way and easements have been provided on the Vesting
Tentative Map. The Public Works Department and Community Services District
have reviewed the proposed division of land and adequate conditions and/or
modifications have been made to the Vesting Tentative Tract Map.
H. The subdivision is consistent with the City's parkland dedication
requirements (Quimby);
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Appropriate parkland dedication and in-lieu fees will be required as a Condition of
Approval.
Conditional Use Permit (Code Section 17.04.010.E)
A. The proposed conditional use is consistent with the General Plan and the
Development Code;
The proposed conditional use is compatible with the nature, conditions and
development of adjacent uses, buildings and structures and the proposed
conditional use will not adversely affect the adjacent uses, buildings, or
structures. According to Section 17.10.020.3 of the Development Code and
Section H-36 of the General Plan, affordable residential housing is permitted in
the Professional Office (PO) zone with an approved Conditional Use Permit. The
development will set aside 86 of the 118 two-bedroom homes (20 percent of the
total proposed units) located within the four-plex portion of the site for buyers with
moderate incomes. This project is in compliance with the Government Code low
income requirements and the Development Code.
B. The proposed conditional use is compatible with the nature, condition and
development of adjacent uses, buildings and structures and the proposed conditional
use will not adversely affect the adjacent uses, buildings, or structures;
The proposed conditional use is compatible with adjacent land uses as defined in
the General Plan. Staff has reviewed the proposed residential use against the
adjacent land uses and has determined that the proposed use will be consistent
with the surrounding uses. The area in which the project is to be located is near
existing residential uses. The proposed use will not adversely affect any of the
surrounding uses because the project proposes a residential use surrounded by
existing residential uses.
C. The site for a proposed conditional use is adequate in size and shape to
accommodate the yards, walls, fences, parking and loading facilities, buffer areas,
landscaping, and other development features prescribed in this Development Code and
required by Planning Commission or Council in order to integrate the use with other
uses in the neighborhood;
The proposed project is consistent with the Development Code and Design
Guidelines for the City of Temecula. Staff has reviewed the proposed project to
determine consistency with the Development Code and has found that the
project meets all of the applicable requirements. The site is adequate in size and
shape to accommodate the proposed residential project without affecting the
yard, parking and loading, landscaping, and other development features required
by the Development Code in order to integrate the use with other uses on the site
and in the neighborhood.
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D. The nature of the proposed conditional use is not detrimental to the health,
safety and general welfare of the community;
Staff has reviewed the proposed residential use and found that it will not be
detrimental to the health, safety, or general welfare of the community. Fire
Prevention has reviewed circulation and drive aisle widths and has determined
that the site will able to be adequately served by the Fire Department in an
emergency situation.
Development Plan (Code Section 17.05.010F)
A. The proposed use is in conformance with the General Plan for Temecula
and with all applicable requirements of state law and other ordinances of the City;
The proposed multi and single-family development is permitted in the
Professional Office Use designation standards contained in the City's
Development Code. The Development Code states that a residential use is
permitted if affordable housing is provided on a portion of the project. The site is
properly planned and zoned, and as conditioned, is physically suitable for the
type and density of residential development proposed. The project, as
conditioned, is also consistent with other applicable requirements of State law
and local ordinances, including the California Environmental Quality Act (CEQA),
and fire and building codes. According to Section 17.10.020.3 of the
Development Code and Section H-36 of the General Plan, affordable residential
housing is permitted in the Professional Office (PO) zone with an approved
Conditional Use Permit. The development will set aside 86 of the 118 two-
bedroom homes (20 percent of the total proposed units) located within the four-
plex portion of the site for buyers with moderate incomes. This project is in
compliance with the Government Code low income requirements and the
Development Code.
B. The overall development of the land is designed for the protection of the
public health, safety, and general welfare;
The overall design of the single-family homes and multi-family development,
including the site, building, parking, circulation and other associated site
improvements, is consistent with, and intended to protect the health and safety of
those living and working in and around the site. The project has been reviewed
for, and as conditioned, has been found to be consistent with all applicable
policies, guidelines, standards and regulations intended to ensure that the
development will be constructed and function in a manner consistent with the
public health, safety and welfare.
Section 3. Environmental Comoliance. A Notice of Determination for Planning
Application No.'s PA 04-0490, PA04-0491, and PA04-0492 was prepared per the
California Environmental Quality Act Guidelines Section 15162. In accordance with the
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California Environmental Quality Act, the proposed Project is exempt from further
environmental review and a Notice of Determination will be issued in compliance with
CEQA Section 15162 - Subsequent Negative Declaration.
Section 4. Conditions. hat the City Council of the City of Temecula hereby
denies the appeal and approves Planning Application No. PA 04-0490 (Vesting Tract
Map), PA04-0491 (Conditional Use Permit), PA04-0492 (Development Plan) Temecula
Lane, subject to the. conditions of approval set forth on Exhibit A, attached hereto, and
incorporated herein by this reference together with any other conditions that may be
deemed necessary.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 21 st day of March, 2006.
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, Ron Roberts, Mayor
ATT7ST:
[SEAL]
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Resolution No. 06-27 was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 21st day of March, 2006, by the
following vote:
AYES: 3
COUNCIL MEMBERS:
Naggar, Washington, Roberts
NOES: 0
COUNCIL MEMBERS:
None
ABSENT: 0
COUNCIL MEMBERS:
COUNCIL MEMBERS:
None
ABSTAIN: 2
Comerchero, Edwards
san W. Jones, MMC
City Clerk
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EXHIBIT A
CITY OF TEMECULA
DRAFT CONDITlONS OF APPROVAL
Planning Application No,; PA04-0490
Project Description:
A Vesting Tentative Tract Map to create 96 residential
home lots, one condominium lot for proposed four-
plex units, one condominium lot for proposed trl-
plexlslx-plex units, and nine open space lots located at
the north eastern corner of the Intersection of loma
Linda Road and Temecula lane.
DIF Category:
TUMF:
Residential (attached and detached)
Residential (single and multi-family)
MSHCP Category:
Residential
Tentative Tract No.:
TM 31946
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. Approval Date:
Expiration Date:
January 18, 2006
January 18, 2009
WITHIN FORTY-EIGHT (48) HOURS OF THE APPROVAL OF THIS PROJECT
Planning Department
1. The applicant shall deliver to the Planning Department a cashier's check or money order
made payable to the County Clerk in the amount of Sixty-Four Dollars ($64.00) for the
County administrative fee, to enable the City to file the Notice of Determination as
provided under Public Resources Code Section 21108(b) and California Code 'of
Regulations Section 15062. If within said forty-eight (48) hour period the applicant has
not delivered to the Planning Department the check as required above, the approval for
the project granted shall be void by reason 'of failure of condition (Fish and Game Code
Section 711.4(c).
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GENERAL REQUIREMENTS
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Planning Department
2, The applicant and owner of the real property subject to this condition shall hereby agree
to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's
own seiection from any and all claims, actions, awards, judgments, or proceedings
against the City to attack, set aside, annul, or seek monetary damages resulting, directly
or indirectly, from any action in furtherance of and the approvai of the City, or any
agency or instrumentality thereof, advisory agency, appeal board or legisiative body
including actions approved by the voters of the City, concerning the Pianning
Application. The City shall be deemed for purposes of this condition, to include any
agency or instrumentality thereof, or any of its elected or appointed officiais, officers,
employees, consultants, contractors, iegal counsei, and agents. City shall promptly
notify both the applicant and landowner of any claim, action, or proceeding to which this
condition is applicable and shall further cooperate fully in the defense of the action, The
City reserves the right to take any and all action the City deems to be in the best interest
of the City and its citizens in regards to such defense:
3. The project and all subsequent 'projects within this site shall comply with all mitigation
measures identified within the Negative Declaration for PA04-0496, and the approved
Mitigation Monitoring Program (attached) thereof.
This approval shall in no way limit the City or other regulatory or service agencies from
applying additional requirements and/or conditions consistent with applicabie poiicies
and standards upon the review of grading, building and other necessary permits and
approvals for the project.
This approval shall be used within three (3) years of the approval date; otherwise, it shall
become null and void. By use is meant the beginning of substantial construction
contemplated by this approval within the three (3) year period, which is thereafter
diligently pursued to completion, or the beginning of substantiai utilization contemplated
by this approval. .
6. . The development of the premises shall substantially conform to the approved plans,
contained on file with the Planning Department.
5.
7. The applicant shall sign both copies of the final conditions of approval that will be
provided by the Planning Department staff, and return one signed set to the Planning
Department for their files.
8, Fire Hydrants shall be installed prior to the start of any construction at the site,
9. Driveway widths shall comply with the driveway width requirements per City Standards,
In order to allow for adequate street parking, the driveway widths at curbs will be limited
to'24' maximum.
10.
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If, during construction, cultural resources are encountered, work shall be haited or
diverted in the immediate area while a qualified archaeoiogist evaluates the finds and
makes recommendations. In addition, the developer will coordinate with the Pechanga
Band of Luiseiio Mission indians to allow a representative of the Pechanga Band to
monitor and participate in archaeological investigations if and when resources are
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encountered, including participation in discussions regarding the disposition of cultural
items and artifacts.
11.
The Owner shall, without economic or other contribution by the City, identify, construct
and thereafter maintain not less than 86 of the two bedroom homes in the four-plex
component units for and as affordable housing units. The term "affordable housing unit"
shall have the same meaning as is set forth in the Temecuia Municipal Code. The units
shall be maintained as affordable units by means of a written agreement and
covenant/deed restriction that burdens the title to the subject property for the benefit of
City, for the purpose of ensuring that the units are maintained as affordabie for not iess
than 55 years. The form of agreement and covenant/deed restriction shall, for the City,
be subject to the approval of the City Manager and City Attorney.
The agreement shall specify, in addition to all other terms deemed necessary by the City
and Owner to effectuate the intent of the parties, that 86 of two bedroom units shall be
maintained as affordable. The affordable units shall be allocated to the iow income
categories as defined in Heaith and Safety Code ~50079,5.
The Owner shall reimburse the City its reasonable cost of preparing the Agreements
including attorney fees and staff time.
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No building permit shall be issued by the City for any of the development authorized by
this Resolution untii the Agreements have been executed by the parties and the
covenant/deed restriction submitted for recordation by the County of Riverside
Recorder's Office,
Fire Prevention
12. Any and all previous existing conditions for this project will remain in full force and effect
unless superceded by more stringent requirements here,
13. Final fire and life safety conditions will be' addressed when building plans are reviewed
by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the
California Buiiding Code (CBC), California Fire Code (CFC), and related codes which
are in force at the time of building plan submittal.
14. The Fire Prevention Bureau is required to set a minimum fire flow for residential land
. division per CFC Appendix liLA, Table A-III-A-1. The developer shall provide for this
project, a water system capable of delivering 1500 GPM at 20 PSi residual operating
pressure with a 2 hour duration, The required fire flow may be adjusted during the
approvai process to reflect changes in design, construction type, or automatic fire
protection measures as approved by the Fire Prevention Bureau, The Fire Flow as
given above has taken into account all information as provided. (CFC 903.2, Appendix
II LA)
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15. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC
Appendix III.B, TableA-III-B-1. Standard fire hydrants (6" x 4" x 21/2" outlets) shall be
ioeated on Fire Department access roads and adjacent public streets. Hydrants shall be
spaced at 500 feet apart, at each intersection and shall be located no more than 250 feet
from any point on the street or Fire Department access road(s) frontage to a hydrant.
The required fire flow shall be available from any adjacent hydrant(s) in the system. The
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upgrade of existing fire hydrants may be required. (CFC 903.2, 903,4,2, and Appendix
III-B)
16.
If construction is phased, each phase shall provide approved access and fire protection
prior to any building construction. (CFC 8704.2 and 902.2.2)
Prior to building final, all locations where structures are to be built shall have approved
Fire Department vehicle access roads to within 150 feet to any portion of the facility or
any portion of an exterior wall of the building(s). Fire Department access roads shall be
an all weather surface designed for 80,000 ibs, GVW with a minimum AC thickness of
.25 feet.. (CFC see 902 and Ord 99-14)
17.
18.
Fire Department vehicle access roads shall have an unobstructed width of not less than
twenty-four (24) feet and an unobstructed verticai clearance of not less than thirteen (13)
feet six (6) inches. (CFC 902.2.2.1 and Ord 99-14)
19,
Prior to buiiding construction, dead end road ways and streets in excess of one hundred
and fifty (150) feet which have not been completed shall have a turnaround capable of
accommodating fire apparatus. (CFC 902.2.2.4)
Prior to building construction, this development. and any street serving more than 35
homes shall have two (2) points of access, via all-weather surface roads, as approved
by the Fire Prevention Bureau. (CFC 902.2.1) .
21. Prior to issuance of building permits, the developer shall furnish one copy of the water
system plans to the Fire Prevention Bureau for approval prior to installation. Plans shall
be signed by a regfstered- civii engineer; contain a Fire Prevention Bureau approval
signature block; and conform to hydrant type, location, spacing and minimum fire flow
standards. After the plans are signed by the local water company, the originals shall be
presented to the Fire Prevention Bureau for signatures. The required water system
inCluding fire hydrants shall be installed and accepted by the appropriate water agency
prior to any combustible building materials being placed on an individuai lot. (CFC
8704.3, 901.2.2.2 and National Fire Protection Association 24 1-4,1)
20.
22. Prior to issuance of a Certificate of Occupancy or building' final, 'Siue Reflective
Markers. shall be installed to identify fire hydrant locations. (CFC 901,4,3)
23, All manual and electronic gates on required Fire Department access roads or gates
obstructing Fire Department building access shall be provided with the Knox Rapid entry
system for emergency access by firefighting personnel. (CFC 902.4)
24. Prior to map recordation the appiicant shali submit to the Fire Prevention Bureau a
georectified (pursuant to Riverside County standards) digital version of the map
including parcei and street centerline information. The electronic file will be provided in a
ESRI ArclnfofArcView compatible format and projected in a State Plane NAD 83
(California Zone 'VI ) coordinate system. The Bureau must accept the data as to
completeness, accuracy and format prior to satisfaction of this condition.
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Community Services Department
, 25, All iandscaped areas, open space, recreationai facilities and amenities, entry
monumentation and fencing shall be maintained by the Homeowners Association (HOA).
26, The developer shall contact the TCSD Maintenance Superintendent for a pre-design
meeting to obtain TCSD design specifications for the Class I multi-use trails along
Temecula Creek, Lorna Linda Drive and the east side of the project.
27. Construction of the future TCSD maintained Class I multi-use trails shall commence
pursuant to a pre-construction meeting with the developer and TCSD Maintenance
Superintendent. Failure to comply with the TCSD construction specifications/details,
review and inspection process may preciude acceptance of the multi~use trails into the
TCSD maintenance program,
28. The 'developer, the deveioper's successor or assignee, shall be responsible for the
maintenance of the Class I multi-use trails until such time as those responsibilities are
accepted by the TCSD or other responsible party.
. Public Works Department
29.
it is understood that the Developer correctly shows on the tentative map all existing and
proposed easements, traveled ways, improvement constraints and drainage courses,
and their omission may require the project to be resubmitted for further review and
revision.
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. 30.
A Grading Permit for either rough or precise grading shall be obtained from the
Department of Public Works prior to commencement of any construction outside of the
City-maintained road right-of-way,
31. An Encroachment Permit shall be obtained from the Department of Public Works prior to
commencement of any construction within an existing or proposed City right-of-way.
32. All improvement pians and 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 of Temecula mylars.
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PRIOR TO FINAL MAP RECORDING
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Planning Department
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33. The foilowing shail be submitted to and approved by the Planning Department:
a. A copy of the Final Map.
b. A copy of the Covenants, Conditions; and Restrictions (CC&R's),
i. CC&R's shail be reviewed and approved by the Planning Director, The
CC&R's shail include liability insurance and methods of maintaining open
space, recreation areas, parking areas, private roads, exterior of ail
buiidings and ail landscaped and open areas including parkways.
ii. No lot or dwelling unit in the development shall be sold uniess a
corporation, association, properly owne~s group or similar entity has been
formed with the right to assess ail properties individually owned or jointiy
owned which have any rights or interest in the use of the common areas
and common facilities in the development, such assessment power to be
sufficient to meet the expenses of such entity, and with authority to
controi, and the duty to maintain, all of said mutually available features of
the development. Such entity shall operate under recorded CC&R's
which shail include compuisory membership of all owners of iots and/or
dwelling units and flexibility of assessments to meet changing costs of
maintenance, repairs, and services. Recorded CC&R's shall. permit
enforcement by the City for provisions required as Conditions of Approval.
The developer shail submit evidence of c.ompliance with this requirement
to, and receive approval of, the City prior to making any such sale, This
condition shall not apply to land dedicated to the City for public purposes.
Iii. Every owner of a dwelling unit or lot shall own as an appurtenance to
such dwelling unit or iot, either (1) an undivided interest in the common
areas and facilities, or (2) a share in the corporation, or voting
membership in an association owning the common areas and facilities.
Community Services Department
34, . The developer shall satisfy the City's parkiand dedication requirement (Quimby) through
payment of in-lieu fees equivalent to 4.12 acres of iand. Said requirement includes a
25% credit for the private recreation facilities to be constructed within the development.
The amount of the in-iieu fee shall be caiculated by muiiipiying the required amount of
park iand by the City's then current appraised land valuation as established by the City
Manager.
35, Public access easements and TCSD maintenance easements shall be dedicated on the
finai map for the Class i multi-use trails. The underiylng ownership of the multi-use'trails
shall remain with the developer or successor. TCSD will accept the maintenance
. easements only after the construction is completed to'the satisfaction of the Community
Services Director.
36.
Construction drawings for the Class i muiti-use trails along Temecula Creek, Loma Linda
Drive and the east side of the project shall be reviewed and approved by the Director of
Community Services.
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37.
The developer shall post security and enter into an agreement to improve the Ciass I
multi-use traiis.
38, TCSD shall review and approve the CC&R's. The CC&R's pertaining to the three (3)
plex product shall include: .
a. The trash hauler will invoice the HOA for trash service,
b. The location of the individual property owners' trash bins placement for servicing
. will be designated including an exhibit. Include how the residents and visitors will
be notified of various restrictions and bin placement.
c. After construction is completed the hauler will invoice the HOA for trash service
for each unit regardless of occupancy.
d, HOA will paint an address on each bin for residential identification.
e. Address HOA enforcement of the trash collection issues.
Public Works Department
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39, As deemed necessary by the Department of Pubiic Works, the Deveioper shall receive
written clearance from the following agencies:
. a. Rancho California Water District
b. Eastern Municipal Water District
c, Riverside County Flood Controi and Water Conservation District
d. City of Temecula Fire Prevention Bureau
e, Planning Department
f. Department olPublic Works
g, Riverside County Heaith Department
h. Cable TV Franchise
i. Community Services District
j, Verizon
k. Southern California Edison Company
I. Southern California Gas Company
m. Department of Fish & Game
n. Army Corps of Engineers
40. The Developer shall design and guarantee construction of the following public
improvements to City of Temecula Generai Plan standards unless otherwise noted.
Plans shall be reviewed and approved by the Department of Public Works:
a. improve loma Linda Road from Temecula lane to Via Dei Coronado (Principai
Collector Highway Standards - 78' R/W) to include dedication of half-width street
right-of-way, installation of half-width street improvements, paving, curb and
gutter, sidewalk, street lights, drainage facilities, signing arid striping, utilities
(including but not limited to water and sewer).
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Improve Temecuia Lane from Loma Linda Road to westerly property boundary
(Local Road Standards - 60' R/W) to include dedication of haif-width street right-
of-way plus six feet, installation of half-width street improvements pius six feet,
paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and
striping, utilities (including but not limited to water and sewer),
Via Del Coronado (Collector Road Standards - 66' R/W) to include irrevocable
offer of dedication for half-width street right-of-way, Provide an alignment study
to show future connection,
All street improvement design shall provide adequate right-of-way and pavement
transitions per Caltrans standards for transition to existing street sections.
41. Unless otherwise approved the following minimum criteria shall be observed in the
design of the street improvement plans:
a. Street centerline grades shall be 0,5% minimum over P.C.C, and 1.00%
minimum over A.C, paving,
b. Driveways shall conform to the applicable City Standard Nos. 207 and/or 207A.
c. Street lights shall be installed along the publiC streets shall be designed in
accordance with City Standard No. 800, 801, 802 anc;l803.
d. Concrete sidewalks shall be constructed in accordance with City Standard Nos.
400 and 401.
e. Minimum centerline radii shall be in accordance with City Standard No. 113.
. I. All reverse'curves shall include a 100-foot minimum tangent section,
g. All street and driveway centerline intersections shall be at 90 degrees.
h, All knuckles shall be constructed in accordance with City Standard No. 602.
i. All units shall be provided with zero clearance garage doors and garage door
openers if the driveway is iess than 18 feet in depth from back of sidewalk.
j. Landscaping shall be limited. in the corner cut-off area of all intersections and
adjacent to driveways to provide for minimum sight distance and visibility,
k. All utility systems including gas, electric, telephone, water, sewer, and cable TV
. shall be provided underground. Easements shall be provided as required where
adequate right-of-way does not exist for installation of the facilities. Ali utilities
shall be designed and constructed in accordance with City Codes and the utility
provider,
I. All utiiities, except electrical lines rated 34kv or greater, shall be installed
underground.
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42. Private roads shall be designed to meet City public road standards.' Unless otherwise
approved the following minimum criteria shall be observed in the design of private
streets:
a.
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Improve Entry Streets "8" and "C" (Private Street - 70' AlE)IO include installation
of full-width street improvements, paving, curb and gutter, sidewalk, drainage
. facilities, utilities (including but not limited to water and sewer) and a 10 foot wide
raised iandscaped median. .
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b, Improve Entry Street "A" (Private Street - 60' RlE) to inciude installation of full-
width street improvements, paving, curb and gutter, sidewaik, drainage facilities,
utilities (including but not limited to water and sewer) and a 10 foot wide raised
landscaped median,
c. Improve Streets "i" and "R" thru 'Y' (Single Family only) (Private Street - 46' RlE,
36' curb to curb) to include installation of full-width street improvements, paving,
curb and gutier, sidewalk, drainage facilities, utilities (including but not limited to
water and sewer).
d,im'prove Street "A" from Street "0" to Street "H" (Private Street - 34' RlE, 24' curb
to curb) to include installation of full-width street improvements, paving, rolled
curb and gutier, sidewalk, drainage facilities, utilities (inciuding but not limited to
water and sewer).
e. improve Streets "0" through Street "i" (Multifamily only) (Private Street - 34' RlE,
24' curb to curb) to include installation of full-width street improvements, paving,
.rolled curb and gutier, sidewalk, drainage facilities, utilities (including but not
iimited to water and sewer).
f. . improve Street "P" through Street "R" (from Street "0" to Street "Q") (Private
Street - 34' RlE, 24' curb to curb) to include installation of full-width street
improvements, paving, rolled curb and gutier, sidewalk, drainage facilities,
utilities (including but not limited to water and sewer).
g. improve Street "A" from Street "H" to Street "I<" (Private Street - 30' RlE, 24' curb
to curb) to include installation of full-width street improvements, paving, rolled
curb and gutter, one-sided sidewaik, drainage facilities, utilities (including but not
limited to water and sewer).
h. improve Street "L" and Street "M" (Private Street - 30' RlE, 24' curb to curb) to
inciude installation of full-width street improvements, paving, rolled curb and
gutter, onersided sidewalk, drainage facilities, utilities (including but not limited to
water and sewer). .
i, Improve Street "R" from Street "D" to Street "L" (Private Street - 30' RlE, 24' curb
to curb) to include installation of full-width street improvements, paving, rolled
curb and gutier, one-sided sidewaik, drainage faciiities, utilities (inciuding but not
limited to water and sewer).
j. Improve Streets" J", "I<", "N" and "0" (Private Street - 26' RlE, 24' curb to curb) to
include installation of full-width street improvements, paving, rolled curb and
gutter, drainage facilities, utilities (including but not limited to water and sewer).
k. Knuckles being required at 90 'bends' in the road.
/. Cul-de-sac geometries shall meet current City Standards.
m. Minimum safe horizontai centerline radii shall be required (all centerline radii .
. should be identified on the site plan).
n. All intersections shall be perpendicular (90).
43. A construction area Traffic Control Plan shall be designed by a registered Civil Engineer
and reviewed by the Department of Public Works for any street closure and detour or
other disruption to traffic circulation as requirep by the Department of Public Works,
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44. Relinquish and waive right of access to and from Temecula Lane on the Finai Map with
the exception of one (1) opening as delineated on the approved Tentative Tract.Map.
45. Relinquish and waive right of access to and from Lorna Linda Road on the Final Map
with the exception of two (2) openings as delineated on the approved Tentative Tract
Map. .
46. Relinquish and waive right of access to and from Via Dei Coronado on the Final Map as
delineated on the approved Tentative Tract Map.
47, Corner property line cut off for vehicular sight distance and installation of pedestrian
facilities shall be prOvided at all street intersections in accordance with Riverside County
Standard No, 805. .
48. All easements and/or right-of-way dedications shall be offered for dedication to the
public or other appropriate agency and shall continue in force until the City accepts or
. abandons such offers. All dedications shall be free from all encumbrances as approved
by the Department of Public Works.
49. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is part of
im existing Assessment District must comply with the requirements of said section, Prior
to City Council approval of the Final Map, the Developer shall make an application for
reapportionment of any assessments with appropriate regulatory agency.
50.
51.
Any delinquent property taxes shall be paid,
An Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the
Final Map to delineate identified environmental concerns and shall be recorded with the
map.
52. The Deveioper shall compiy with all constraints which may be shown upon ail
Environmental Constraint Sheet recorded with any underlying maps reiated to the
subject property. .
53, A copy of the grading and improvement plans, along with supporting hydrol.ogic and
hydraulic calculations shall be submitted to the Riverside County Flood Controi and
Water Conservation District for approval prior to recordation of the Final Map or the
issuance of any permit. A permit from Riverside County Flood Control and Water
Conservation District is required for work within their right-of-way.
54. The Developer shall notify the City's cable TV Franchises of the Intent to Develop.
Conduit shall be installed to cable TV Standards at time of street improvements.
55.
Easements, when required for roadway slopes, landscape easements, drainage
facilities, utilities, etc., shall be shown on the finai map if they are located within the land
division boundary. All offers of dedication and conveyances shall be submitted for
review and recorded as directed by the Department of Public Works. On-site drainage
facilities iocated outside of road right-of-way shall be contained within drainage
easements and shown on the final map, A note shall be added to the final map stating
"drainage easements shall be kept free of buildings and obstructions. " .
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56. Exclusion fencing (orange snow screen) will be installed along the construction iimits
along the north property to prevent construction activities from infringing on the
Temecula Creek Conservation Area.
57. Manufactured slopes associated with the proposed site development shall not extend
into the MSHCP conservation area. The Final Grading Plan shall be submitted to the
City's MSHCP coordinator for approval.
56. Brush management to reduce fuei ioads to protect urban uses (fuel modification zones)
will occur only in the boundaries of the development. Fuei modification zones will not
encroach in to the conservation area,
59. A copy of the Rough Grading plans shall be submitted and approved by the Planning
Department.
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60. The applicant shall comply with the provisions of Chapter 8,24 of the TemecuJa
Municipai Code (Habitat Conservation) by paying the appropriate fee set forth in that
ordinance or by providing documented evidence that the fees have already been paid.
Public Works Department
61, As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the following agencies:
a. Riverside County Fiood Control and Water Conservation District
b, Planning Department
c. Department of Public Works
a. Department ofFish and Game
b. Army Corps of Engineers
62. A Grading Pian shall be prepared by a registered Civil Engineer in accordance with City
of Temecula standards and approved by the Department of Pubiic Works prior to
commencement of any grading. The plan shall incorporate adequate erosion control
. measures to protect the site and adjoining properties from damage due to erosion.
63. '. A Soils Heport shall be prepared by a registered Civil or Soils Engineer and submitted to
the Department of Public Works with the initial grading plan check. The report shall
address all soils conditions' of the site, and provide recommendations for the
construction of engineered structures and preliminary pavement sections.
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64. A Geotechnical Report shall be prepared by a registered engineer 'or engineering
geologist and submitted to the Department of Public Works with the initial grading plan
check. The report shall address special study zones and identify any geotechnical
hazards for the site including location of faults and potentiai for liquefaction. The report
shall include recommendations to mitigate. the impact of ground shaking and
liquefaction.
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65, A Drainage Study shall be prepared by a registered Civil Engineer and submitted to the
Department of Public Works with the initiai grading plan check. The study shall identify
storm water runoff quantities expected from the development of this site and upstream of
the site. It shall identify all existing or proposed off-site or on-site, public or private,
drainage facilities intended to discharge this runoff. . Runoff shall be conveyed to an
adequate outfall capable of receiving the storm water runoff without damage to public or
private property. The study shall include a capacity anaiysis verifying the 'adequacy of
all facilities. Any upgrading or upsizing of drainage faciiities necessary to convey the
storm water runoff shall be provided as part of development of this project. The basis for
analysis and design shall be a storm with a recurrence intervai of one hundred years.
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66. NPDES' - The project proponent shall Implement construction-phase and post-
. construction pollution prevention measures consistent with the State Water Resources .
Control Soard (SWRCS) and City of Temecula (City) NPDES programs, Construction-
phase measures shall include Best Management Practices (BMPs) consistent with the
City's Grading, Erosion & Sediment Control Ordinance. the City's standard notes for
Erosion and Sediment Controi, and the SWRCS Generai Permit for Construction
Activities. Post-construction measures shall be required of 'all Priority Deveiopment
Projects as listed in the City's NPDES permit. Priority Development Projects will include
a combination of structurai and non-structural onsite source and treatment control SMPs
to prevent contaminants from commingling with stormwater and treat all unfiltered runoff
year-round prior to entering a storm drain. Construction-phase and post-construction
SMPs shall be designed and included into pians for submittai to, and subject to the
approval of, the City Engineer prior to issuance of a Grading Permit. The project
proponent shall also provide proof of a mechanism to ensure ongoing long-term
maintenance of all structural post-construction BMPs.
67. The Deveioper shall post security and enter into an agreement guaranteeing the grading'
and erosion control improvements in conformance with applicable City Standards and
subject to approvai by tile Department of Pubiic Works.
68. A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the
Riverside County Rood Control and Water Conservation District by either cashier's
check or money order, prior to .issuance of permits, based on the prevailing area
drainage plan fee. If the full Area Drainage Pian fee or mitigation charge has already
been credited to this property, no new charge needs to be paid.
69. The site is in an area identified on the Fiood Insurance Rate Maps, Prior to the approval
of any plans, the Deveioper shall demonstrate that the project complies with Chapter
15.12 of the T emecula Municipal Code for deveiopment within Fiood Zone' A'. A Flood
Plain Development Permit is required prior to issuance of any permit. Residential
subdivisions shall obtain a Letter of Map Revision (LOMR) from the Federal Emergency
Management Agency (FEMA) prior to occupancy of any unit, Commercial subdivisions
may obtain a LOMR at their discretion.
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70. The applicant shall submit street lighting and signage plans to the Planning Director for
final approval. Street lighting shall comply with the Specific Plan, Riverside County MI.
Palomar Lighting Ordinance, and the mitigation-monitoring program. . Said lighting shall
comply with the standards as set forth in the Mitigated Monitoring Program and install
hoods or shields to prevent either spillage of lumens or reflections into the sky (lights
must be downward facing).
71.. Obtain street addresses from the Buiiding Official prior to submittal of pians for plan
review,
72, Signage shall be posted conspicuousiy at the entrance to the project that indicates the
hours of construction, shown below, as allowed by City of Temecula Ordinance No. 94-
21, specifically Section G (1) of Riverside county Ordinance No. 457.73, for any site
within one-quarter mile of an occupied residence.
Monday-Friday: 6:30 a.m, - 6:30 p.m.
Saturday: 7:00 a.m. - 6:30 p,m.
No work is permitted on Sundays or Government Holidays
73. Prior to construction of the Model Home complex, the applicant shall apply for a MOdel
Home complex permit.
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74. A separate building permit shall be required for all signage.
75. An appropriate method for screening the gas meters and other externally mounted utility
equipment shall be reviewed and approved by the Planning Department.
76. All off-site graded areas shall be iandscaped as approved by the Planning Director.
Fire Prevention
77. Final fire and life safety conditions will be addressed when building plans are reviewed
by the Fire Prevention Bureau. These conditions will be based on occupancy, 'use, the
California Building Code (CBC), California Fire Code (CFC) , and related codes which
are in force at the time of building plan submittal.
78. . The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or
construction of all commerciai buildings per CFC Appendix IiI.A, Table A-III-A-1. The
deveioper shall provide for this project, a water system capable of delivering 1500 GPM
at 20 PSi residual operating pressure, plus an assumed sprinkler demand of 400 GPM
for a totai fire flow of 1900 GPM with a2 hour duration. The required fire flow maybe
adjusted during the approval process to reflect changes in design, construction type, or
.automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire
Flow as given above has taken into account all information as provided. (CFC 903,2,
Appendix III-A)
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79. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC
Appendix III-B, Tabie A-III-B-1, A minimum number of hydrants, in a combination of on-
site and off-site (6" x 4" x 2-21/2" outlets) shall be iocatedon Fire Department access
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roads and adjacent public streets. Hydrants shall be spaced at 500 feet apart, at each
intersection and shall be located no more than 250 feet from any point on the street or
Fire Department accessroad(s) frontage to a hydrant. The required fire flow shall be
available from any adjacent hydrant(s) in the system. The upgrade of existing fire
hydrants may be required. (CFC 903,2, 903.4;2, and Appendix IIi-B)
If construction is phased, each phase shall provide approved access and fire protection
prior to any building construction, (CFC 8704.2 and 902,2.2)
Prior to building construction, all locations where structures are to be built shall have
approved temporary Fire Department vehicle access roads for use until permanent
roads are installed. Temporary Fire Department access roads shall be an all weather
surface for 80.000 Ibs. GVW, (CFC 8704.2 and 902.2,2.2)
Prior to building final, all locations where structures are to be built shall have approved
Fire Department vehicle access roads to within 150 feet to any portion of the facility or
any portion of an exterior wall of the building(s). Fire Department access roads shall be
an all weather surface designed for 80,000 Ibs, GVW with a minimum AC thickness of
,25 feet. (CFC sec 902)
Fire Department vehicle access roads shall have an unobstructed width of not less than
twenty-four (24) feet and an unobstructed verticai clearance of not less than thirteen (13)
feet six (6) inches. (CFC 902.2.2.1)
Prior to building construction, dead end road ways and streets in excess of one hundred
and fifty (150) feet which have not been compieted shall have a turnaround capabie of
accommodating fire apparatus. (CFC 902.2.2.4)
85. Prior to building construction, this development shall have two (2) points 01 access, via
all-weather surface roads, as approved by the Fire Prevention Bureau. (CFC 902.2.1)
86. Prior to issuance of building permits, the developer sh"all furnish one copy of the water
system plans to the Fire Prevention Bureau for approvai prior to installation. Plans shall
be signed by a registered civil engineer; contain a Fire Prevention Bureau approval
signature biock; and conform to hydrant type, iocation, spacing and minimum fire fiow
standards, ~fter the plans are signed by the iocal water company, the originals shall be
presented to the Fire Prevention Bureau for signatures, The required water system
inciuding fire hydrants shall be installed and accepted by the appropriate water agency
prior to" any combustible building materials being placed on an individual lot. (CFC
8704.3, 901.2.2.2 and National Fire Protection Association 24 1-4.1) .
Community Services Department
87. The deveioper shall provide TCSD verification of arrangements made with the City's
franchise solid waste hauler for disposal of construction debris,
88. Prior to the installation of arteriai street lights on Loma Linda Road, Temecula Lane or
issuance of buiiding permits, whichever comes first, the developer shall file an
application, submit an approved Edison street light plan and pay the appropriate fees to
the TCSD for the dedication of street lights into the appropriate TCSD maintenance
program.
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Prior to the issuange of the 175th residential building permit the Class I trail along Loma
Unda Road shall be completed to the satisfaction of the Community Services Director.
90. Prior to the issuance of the 325th residential building permit the Class I trails along the
east side of the project and T emecula Creek shall be completed to the satisfaction of the
Community Services Director,
89,
Public Works Department
91. Prior to the first building permit, Final Map 31946 shall be approved and recorded,
92. A Precise Grading Pian shall be submitted to the Department of Public Works for review
and approvai. The building pad shall be certified by a registered Civil Engineer for
location' and elevation, and the Soiis Engineer shall issue a Finai Soils Report
addressing compaction and site conditions,
93. Grading of the subject property shall be in accordance with the California Building Code,
the approved grading plan, the conditions of the grading permit, City Grading Standards
and accepted grading construction practices, The finai grading plan shall. be in
substantial conformance with the approved rough grading plan,
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95.
The Developer shall pay to the City the Public Facilities Development impact Fee as
required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and
all Resolutions implementing Chapter 15.06.
The Deveioper shall pay to the City the Westem Riverside County Transportation
Uniform Mitigation Fee (TUMF) Program as required by, and in accordance with,
Chapter 15.08 of the Temecula Municipal Code and all Resoiutions implementing
Chapter 15.08.
.94.
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PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY
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Planning Department
96, All of the foregoing conditions shall be complied with prior to occupancy or any use
allowed by this permit.
Fire Prevention
97. Prior to issuance of a Certificate of Occupancy or building finai, 'Slue Reflective
Markers' shall be installed to identify fire hydrant locations. (CFC 901.4,3)
98. Prior to issuance of a Certificate of Occupancy or building final, approved numbers Or
addresses shall be provided on all new and existing buiidings in such a position as to be
plainly visible and iegibie from the street or road fronting the properly. Numbers shall be
.of a .contrasting color to their background, Commercial, multi-family residential and
industriai buildings shall have a minimum twelve (12) inches numbers with suite
numbers a minimum of six (6) inches in size. All suites shall gave a minimum of six (6)
inch high letters and/or numbers on both the front and rear doors. Single family
residences and multi-family residential units shall have four (4) inch letters and lor
numbers, as approved by the Fire Prevention Bureau. (CFC 901.4.4)
Community Services Department
99. Itshall be the developer's responsibility to provide written disciosure of the existence of
the TCSD and its service level rates and charges to ail prospective purchasers,
100. The developer or his assignee shall submit, In a format as directed by TCSD staff, the
most current list of Assessor's Parcel Numbers aSSigned to the final project.
Public Works Department
101. As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the following agencies:
a. Rancho Caiifomia Water District
b, Eastern Municipai Water District
c. Department of Public Works
. 102. All necessary certifications and clearances from engineers, utility companies and public
agencies shall be submitted as required by the Department of Public Works.
103. All improvements shall be constructed and completed per the approved plans and City
standards to the satisfaction of the Director of Public Works. .
104. The existing improvements shall be reviewed, Any appurtenance damaged or broken'
due to the construction operations of this project shall be repaired or removed and
replaced to the satisfaction of the Director of Public Works.
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OUTSIDE AGENCIES
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105. Comply with the Rancho Water District letter dated August 25,2004 and provide them
with a Reciprocal Easement and Maintenance Agreement to serve the on-site water
facilities.
106. Comply with the Riverside County Fiood Control and Water Conservation District dated
. September 20, 2005. Additionai permits may be required prior to the construction 01 the
project. .
'107. Comply with the Pechanga Cuitural Resources letter dated November 10, 2005.
By placing my signature beiow, i confirm that I have read, understand, and accept all the above
Conditions of Approvai. I further understand that the property shall be maintained in
. . conformance with these conditions of approvai and that any. changes I may wish to make to the
project shall be subject to Planning Department approval.
Applicant's Signature
Date
Applicant's Printed Name
MTM\2004I04-0490 31946 TemecuIa LaneIDRAFf RESO AND COA'S,dOc
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Rancho
later
Board ofDbctol'll
John R. Boac1and
""""""
Caba P. Roo
Sr. \1"_ Pr-.i<hlnt
StephezJ. J. Corona
RaJpIa Ii D.-IIy
Ben lL Drake
Usa D.1Iena.uo
Hlebael R. McMillan
'om~
Brian J. Bn.dy
Gaoenl M.....,.
)>hilIip L Forbes
DirectorofF'hu.ace-TreIl5l1rnl"
B.P. 'Bob" Luaons
Director at &,ineering
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August 25, 2004
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Matt Harris, Associate Planner
Cily -of Temeeula
Planning Department
43200 Business Park Drive
Post Office Box 9033
Temecula, CA 92589-9033
._ - .-----..;;-1':::;-\
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SUBJECT: WATER AVAILABILITY
TENTATIVE TRACT NO. 31946
PORTION OF PARCEL NO.1 AND NO.2 OF PARCEL MAP
NO. 8756; APN 961-010-016, APN 961-010-018, APN 961-010-
019, APN 961-010-020, AND APN 961-010-021, PROJECTS NO.
P A04-0490, NO. P A04-0491, AND NO. P A04-0492
Dear Mr. Harris:
Please be advised that the abo~e-referenced property is located within' the
boundaries of Rancho California Water District (RCWD), Water service,
therefore, would be available upon COnstruction of any required on-site and/or
off-site water facilities and the completion of financial arrangements between
RCWD and the property owner. '
. p..."a""""" If fireprptection is required, the customer will need to contact RCWD for fees
c._~ . and requrrements. .
Lbula M. Freeoso '.
=:'~:Ad"'ini.t.."~ Water availability would be contingent upon the property owner signing an
CoMIc.... eo..... . Agency Agreement that assigns water management rights, if any, to RCWD.
Best Best: ,& Krieger u..P
Genera1~lUI.seI
A portion of this project is a condominium development with potential for
individual building owners and a homeowners' association maintaining the
common property and private water and fire protection fucilities. As a condition
of the project, RCWD requires that the City of Temecula include a Reciprocal
Easement and Maintenance Agreement for these on-site private water facilities.
If you should have any questions, please contact an Engineering Services
Representative at this office.
Sincerely,
RANCHO CALIFORNIA WATER DISTRICT
04\MM:atl231FCP
c:
Laurie WiUiams, Engineering Services Supervisor
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Rancho California Water Difilrict
42135 Wintheater Road . Post OffiQ) 80:1:9017 . TemeeuJ.a. California 92689-9017 . (951) 296-6900 . F~.(95l) 29&.us60
WARREN D. WILLIAMS
<leDcnd Managec-Chief Engineer
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1995 MARKET STREET
RIVERSIDE, CA 9250.1
.951.955.1200
951.788,9965 FAX
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RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
September 20, 2005
Ms. Christine Damico
City ofTemecula
Planning Department
Post Office Box 9033
Temecula, CA 92589-9033
SEP 2 2 2005
Dear Ms, Damico:
Re: P A04-0490 - 0492 and P A 04-0496
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The District does not nonnally recommend conditions for land divisions or other land use cases in
incorporated, cities. The District also does not plan check city land use cases, or provide State
Division of Real Estate letters or other flood hazard reports for such cases. District
comments/recommendations for such cases. are nonnaIly limited to items of specific interest to the
District including District Master Drainage Plari faCilities, other regional flood contrOl and drainage
facilities which could be cOnsidered Ii logieaIcomPOnent or extension of a niaSter plan system, and
District Area Drainage Plan fees ( development mitigation fees). In addition; infotmation of a general
nature is provided.
The District has not reviewed the proposed project in detail and the following comment does not in
any way constitute District approval or endorsement of the proposed project with respect to flood
hazard, public health and safety or any other such issue.
This proposed project is adjacent to facilities that could be considered regional in nature and/or,
a logical extension of Temecula Creek Channel. The ,District would consider accepting
ownership of such facilities on written request .of the City; :Facilities must be constructed to
. District> stanthirds, · and, Dikrict . pl<UJ' ch~k . and, ~eetiOJl'Wili.; iJe'~e9 . for District
. acceptance. Plan check, inspection and administrative fees will be required.
GENERAL INFORMATION
. TIlls project may require a National Pollutant Discharge Elimination System (NPDES) permit from
the State Water Resources ConlrolBoard. Clearance for grading, recordation or other final approval
should not be given until the City has detennined that thll project has been granted a pennit or is
shown to be exempt.
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If this project involves a Federal Emergency Management Agency (FEMA) mapped flood plain; then
the City should require the applicant to provide all studies, calculations, plans and other infomiation
required to meet FEMA. requireinents, . and should further require tliat the applicant obtain . a
. Conditional Letter of Map Revision (CWMR) prior to grading, recordation or other fmal approval of
the project, and a Letter of Map Revision (LOMR) prior to occupancy. .
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Ms. Christine Damko -2-
Re: PA04-0490-0492 and PA 04-0496
September 20, 2005 '
The applicant shall show written proof of compliance with the Multiple Species Habitat Conservation
Plan (MSHCP) for any drainage facilities the applicant proposes to be maintained by the District. All
applicable CEQA and MSHCP docwnents and pennits shall address the construction, operation and
maintenance of all onsite and offsite drainage facilities, Draft CEQA docwnents shall be fOIWarded ,
to the District during the public review period.
, If a natural watercourse or mapped floodplain is impacted by this project, the City should require the '
applicant to obtain all 'applicable Federal, State and . local , regulatory' peImits, These regulatory ,
. pemiits include, but are not limited to: a Section 404 PeIIllit issued by the, U.S. Army Corps of
.r Ifugineersi~: compliance with section 4tl4,of the elean Water Act, a California State' Department of
FiSh and Game Streambed Alteration Agreement. in compliance with the Fish and Game' Code
'Section 1600 et seq., and a '401 Water Quality Certification or a Report of Waste Discharge
Requirements in compliance with Section 401 of the Clean Water Act or State Porter Cologne Water
Qua1ity Act, respectively, from the appropriate Regional Water Quality Controll3oard. The applicant
shall also be responsible for complying with all mitigation measures as required under CEQA and'aIl
Federal, State, and local environmental mles and regulations.
Very truly yours,
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ARTIJRO DlAZ
Senior Civil Engineer
c: Riverside County Planning Department
At1n: David Mares
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PECHANGA CULTURAL RESOURCES
Temecula Band of Luiseflo Mission Indians
Vice ChaiIpc:non;
Mary BearMag..
Commi"", Members:
Raymond Basquez, Sr.
BvieGerba
Darlene Miranda
Bridgett BMoeUo Maxwel
CDairperson:
GermAine Arenas
Post Office. Box 2183 'Temocula, CA 92593
Teloph""" (951) 308.9295. Pax (951) 506-9491
November 10, 2005
Director.
GmyDuBois
Coordinator.
Paul Maeano
Christine Damko
City of Temecula Planning Department
43200 Business Park Drive
Temecula, CA 92590
CUltural Au.lyst:
Stephanie Goldin .
Monitor Supervisor:
Aurelia Marrofi'o
Re: Comments on Temecula Lane Project (P A04-0490-04n and P A 04-0496)
Dear Ms, Damko:
This comment letter is submitted by the Pechanga Band of Luisetio Indians (hereinafter, '
"Pechanga Tribe"), a federally recognized Indian tribe and sovereign government The Pechanga
, Band requests that these comments as well as any subsequent comments submitted by the
Pechanga Band be included in the record of approval for the Project The Pechanga Tribe is
fonnally requesting, pursuant to Public Resources Code ~21 092.2, to be notified and involved in
the entire CEQA environmental review process for the duration of the above referenced project
(the "Project"),
THE TRIBE'S CONCERNS wrm THE PROJECT
The Tribe has two prinuuy concerns with the Project which it would like to see addressed
by the City. First and foremost, this Project is close to a site which contains over 18 burials of
hllll1llit remains. Such infonnation was'not included or addressed in the Cultural Resources
Survey. As such, adequate and appropriate mitigation was not pUt into place.
Further, it is the Tribe's' understanding that the mass grading permit was processed
separately, and as far as the Tribe is aware it was not notified of that application. Because of the
proximity to the site with the burials, awarding the mass grading permit without appropriate
environmental evaluation was improper by the City. .. '
THE LEAD AGENCY MUST INCLUDE AND CONSULT WITH THE TRIBE IN ITS
REVIEW PROCESS
Because of the culturally sensitive site, the Temecula Creek Village site which has been
determined to be a significant site, lying in close proximity to the Project area, it is imperative
that the City, as lead agency, as well as the applicant adequately consult with the Tribe. It has
Sacred Is The Duty Trusted Unto Our Care And With Honor We Rise To The Need
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Pecbanga comment lettel ,) the City ofTemecula
RE: Comments onTemecula Lane Project
Page 2
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been the intent of the Federal Government. and the State of Callfomia2 that Indian tribes be
consulted with regard to issues which impact cultura1 and spiritual resources, as well as other
governmentai concerns, The responsibility to consult with Indian tribes stems from the unique
government-to-government relationship between the United States and Indian tribes. This arises
when tribal interests are affected by the actions of governmental agencies and departments such
as approval of Specific Plans and EIRs. In this case, it is undisputed that the project lies within
the Lwsefio tribe's traditional territory. Therefore, in order to comply with CEQA and other
' applicable Federal and California law, it is imperative that the Lead Agency and the Project
applicant consult with the Tribe in order to guarantee an ailequate basis of knowledge for an
appropriate evaluation of the project effects, as well as generating adequate mitigation measures.
Such consultation is especially important with regard to Projects such as this one which
has the potential to impact Native American human reDlains.
PROJECT IMPACI'S TO CULTURAL RESOURCES '
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The Pecbanga Tribe asserts that the Project area is part of the Pechanga Tribe's
aboriginal territory, as evidenced by the existence of Lwsefio place names, rock art pictographs,
petroglyphs and extensive artifact records found in the vicinity of the Project. The Pechanga
Tribe's primary concerns stem from the project's likely impacts on Native American cultura1
resources. The Pechanga Tribe is colI;cemed about both the protection ofuniq!le and
irreplaceable CIl!tural resources, such as LuiseJl.o village sites, and archaeological items which
woWd be displaced byground-disturbing work on the project, and on the proper and lawful
treatment of cult!lqll items, Native American human remains and sacred items likely to be
discovered in the course of the work. The Tribe would also like to point out that a preferred
method of treatment for archeological sites according to the CEQA is avoidance (California,
Public Resources Code ~21 083.1), and that this is in agreement with the Tribe's practices and
policies concerning cultural resourceS. '
Further, the Pechanga Tribe believes that if human remains are discovered, State law
would apply and the mitigation measures for die permit must account for this. A.ccording to the
California Public Resources Code, ~ 5097.98, if Native American human remaiDs are
discovered, the Native American Heritage commission must name a "most likely descendant,"
who shall be consulted as to the appropriate disposition of the remains, Given the Project's
location in Pechanga territory, the Pechanga Tribe intends to assert its right pursuant to
California law with regard to any remains or items discovered in the course of this project.
· See Executive Memorandum of April 29, 1994 on Government-to-Government Relations with Native American
, Tn"bal Governments and Executive Order of November 6,2000 on Consnllation and Coordination with Indian 1h"bal
Governments.
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2 See California Public Resource Code ~5097!J et seq.
Peclumga Cultural Resources' TemecuJa BaJld of Luisefio Mission Indians
Post Office Box 2183. Temecula, CA. 92592
Sacred Is The Duty Trusted Unto Our Care And With Honor We Rise To The Need
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Pecbanga comment lettJ)the City of Temecula
RE: Comments on Temecula Lane Project
Page 3
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As was discussed above, the Project site lies in close proximity to the TemecuJa Creek
Village site which is a sensitive archaeological village site in which multiple Native American
, human remain burials were encountered. As the City is aware, measures were taken in that
Project to assure the appropriate treatment and protection of those burials. Further, the
proximity of the Project to the creek channel makes the discovery of more human remains likely.
While the Tribe understands that the intent is to leave the portion by the creek channel as open
space, adequate mitigation and protection of the sensitive areas are necessary. Such conditions
of approval should provide for the mass grading to be performed near the sensitive site in a
manner which would allow for the greatest protection of any items or human remains uncovered
during the mass gtilding.
For this reason, additional mitigation language is requested prior to the Project being
approved. The Tribe has been in contact with the Project applicant who has expressed its
willingness to worlc with the Tribe to develop adequate mitigation measures and conditions of
approval for the sensitive areas. '
REQUIRED MITIGATION
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Given this Project's close proximity to known cultural sites which were not adequately
discussed in the initial cultural study, including a known village site, Pechanga requests the
following be included as mitigation measures as well as conditions of approval which are
required to be met prior to the issuance of grading permits, and the City should assure that the
already isSued mass' grading permit adheres to the necessary conditions:
I. The mass grading of the Project site shall be performed in a controlled manner,
the specifics of which shall be determined in consultation between the project
applicant/developer and the Pechanga Band ofLuisefio Indians prior to issuance of grading
permits or prior to project approval.
2. Prior to issuance of the grading permit, the developer shall enter into a Treatment
Agreements with the Pechanga Tribe. This Agreement will address the treatment and disposition
of cultural resources and human remains that may be encountered during construction. The
Agreement will further contain provisions of tribal monitorS imd address compensation for the
Native American monitors being paid by the developer.
3. The landowner agrees to relinquish ownership of all cultural resources, including
archaeological artifacts found on the project site, to the Pechanga Band of Luisefio Indians for
proper treatment and disposition to the extent authorized by the law.
4. Monitoring by a professional archaeologist and Pechanga Tribal monitors is
required during all ground disturbing activities. The monitor's shall each have the .authority to
temporarily halt and/or divert grading equipment to allow for additional investigation as
necessary.
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Pechanga Cultural Resources' Thmecula Band of Luisefio Mission Indians
Post Office Box 2183 . Temecufa. CA 92592
Sacred Is The Duty Trusted Unto Our Care And With Honor we Rise To The Need'
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Pechanga comment lettei]the City of Temecula
RE: Comments on Temecula Lane Project
Page 4
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5, If human remains are encountered, all activity shall stop and the County Coroner
must be notified immediately. . All activity must cease until the County Coroner has detennined
the origin and disposition of said remains. The Coroner shall determine if the remains are
prehistoric, and shall notifY the State Native American Heritage Commission if applicable,
Further actions shall be detennined by the desires of the Most Likely Descendent.
6. All sacred sites within the Project area are to be avoided and preserved,
The Pechanga Tribe looks forward to working together with the City of Temecula, the
applicant, and other interested agencies in protecting the invaluable Luiseflo culturalresources
found in the Project area. If you have any questions, please do not hesitate to contact me at (951)
308-9295 or Laura Miranda at (951) 676-2768, Ext. 2137. Thank you for the opportunity to
submit these comments.
Sincerely,
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Stephanie Gordin
Cc: Mr. Lindsey Quakenbush
D.R. Horton
5927 Priestly Drive, Suite 200
Carlsbad, CA 92008
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Peclumga Cultural Resources' Temecula Band of Luiseiio Mission Indians
Post Office BOJ(2I83 . Temecula, CA 92592
Sacred Is The Duty Trusted Unto Our Care And With Honor We Rise To The Need
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CITY OF TEMECULA
DRAFT CONDITIONS OF APPROVAL
Project Description:
Planning Application No.: PA04-0491, and PA04-0492
OIF Category:
TUMF;
MSHCP Category:
Tentative Tract No.:
Approval Date:
Expiration Date:
A Conditional Use Permit, and Development Plan
(Product Review) for the development of 96 single-
family units, 96 tri-plex units, and 236 four-plex units
(428 total units) located at the northeastern corner of
the Intersection of loma linda Road and Temecula
lane.
Residential (attached and detached)
Residential (single and multi-family)
Residential
TM 31946
January 18, 2006
January 18, 2008
WITHIN FORTY-EIGHT (48) HOURS OF THE APPROVAL OF THIS PROJECT
Planning Department
1. The applicant shall deliver to the Planning Department a caShier's check or money order
, made payable to the County Clerk in the amount of Sixty-Four Dollars ($64.00) for the '
County administrative fee, to enable the City to fiie the Notice of Determination as
provided under Public Resources Code Section 21108(b) and California Code of
. Regulations Section 15062. if within said forty-eight (48) hour periOd the applicant has
not delivered to the Pianning Department the check as required above, the approvai for
the project granted shall be void by reason of failure of condition (Fish and Game Code
Sec1ion 711.4(0).
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GENERAL REQUIREMENTS
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The appiicant and owner of the real property subject to this condition shall hereby agree
to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's
own, selection from any and all claims, actions, awards, judgments, or proceedings
against the City to attack, set aside, annui, or seek monetary damages resulting, directiy
or indirectly, from any action in furtherance of and the approval of the City, or any
agency or instrumentality thereof, advisory agency, appeal board or iegislative body
including actions approved by the voters of the City, concerning the Pianning
Application. The City shall be deemed for purposes of this condition, to include any
agency or instrumentality thereof, or any of its elected or appointed officials, officers,
empioyees, consultants, contractors, legal counsei, and agents, City shall promptly
notify both the applicant and landowner of any claim, action, or proceeding to which this
condition is applicabie and shall further cooperate fully In the defense of the action. The
City reserves the right to take any and all action the City deems to be in the best Interest
of the City and its citizens in regards to such defense,
3. The applicant shall submit, to the Planning Department for pennanent filing, two (2) 8" X
10. glossy photographic color prints of the ooior and Materials Boards and of the colored
version of the approved coiored architecturid elevations. All labels on the Color and
Materials Board, and Eievations shall be readable on the photographic prints.
2.
4, The project and all subsequent projects within this site shall comply with all mitigation
measures identified within the Negative Declaration for PA04-Q496, and the approved
Mitigation Monitoring Program (attached) thereof,
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5.
This approvai shall in no way limit the City or other regulatory or service agencies from
applying additionai requirements and/or conditions consistent with appiicable policies
and standards upon the review of grading, building and other necessary permits and
approvals for the project,
6, This approval shall be used within two (2) years of the approval date; otherwise, it shall
become null and void. By use is meant the beginning of substantial construction
contempiated by this approvai within the two (2) year period, which is thereafter diligently
pursued to completion, or the beginning of substantial utilization contemplated by this
approval. ' ,
7. The Director of Pianning may, upon an application being filed within thirty days prior to
expiration and for good cause, grant a time extension of up to three one-year extensions
of time, one year at a time.
8. All project-related lighting shall be directed so that no light or glare falls off the property
boundary except along Temecula Lane, Loma Linda Road, as well as any trails.
9. Non-security lighting installed by individual homeowners shall not be located in such a
manner as to directly illuminate any open space area along Temecula Creek. This
requirement shall be incorporated into the CC&R's.
10. The development of the premises shall substantially conform to the approved plans,
contained on file with the Planning Department.
11. The colors and materials for this project shall SUbstantially conform to the approved
colors and materials contained on file with the Planning Department, or as amended
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herein. Any devjation from the approved colors and materiais shall require approval of
the Direotor of Planning. Staff may elect to reject the request to amend or substitute
,materials and colors, in whioh case the reai party in interest may appeai, after payment
of the regular cost. of an appeal, the decision to the Pianning Commission for its
decision,
12,
The applicant shall sign both copies of the final conditions of, approval that will be
provided by the Pianning Department staff, and return one signed set to the Planning
Department for their files,
Applicant shall obtain the proper permits before construotion, including Encroaohment
Permit from the Public Works Department for any work done in the City right-of-way, and
Building Permit from the Building and Safety Department. '
13.
14.
Fire Hydrants shall be installed prior to the start of any construction at the site.
15.
Driveway widths shall comply with the driveway width requirements per City Standards.
In order to allow for adequate street parking, the driveway widths at curbs will be limited
to 24' maximum. '
16.
All iots shall be built in accordance with the Site Plans labeled as "Elevations",
17. If, during oonstruction, oulturai resources are enoountered, work shall be halted or
diverted in the immediate area while a qualified archaeologist evaiuates the finds and
makes recommendations. in addition, the deveioper will coordinate with the Pechanga '
Band of Luiseiio Mission Indians to allow,a representative of the Pechanga Band to
monitor and partioipate in archaeological investigations if and when resources are
encountered, including partioipationin discussions regarding the disposition of oultural
items and artifacts.
18. The Owner shall, without economic or other contribution by the City, identify, construct
and thereafter maintain not less than 86 of the two bedroom homes in the four-plex
component units for and as affordable housing units. The term "affordable housing unif'
shall have the same meaning as is set forth in the Temecula Municipai Code. The units
shall be maintained as affordable units by means of a written agreement and
covenant/deed restriction that burdens the title to the subject property for the benefit of
City, for the purpose of ensuring that the units are maintained as affordable for not less
than 55 years, The form of agreement and coven'ant/deed restriction shall, for the City,
be subject to the approval of the City Manager and City Attorney.
The agreement shall specify, in addition to all other terms deemed necessary by the City
and Owner to effectuate the intent of the parties, that 86 of two bedroom units shall be
maintained as affordable. The affordable units shall be allocated to the low income
categories as defined in Health and Safety Code ~0079.5.
The Owner shall reimburse the City its reasonabie cost of preparing the Agreements
including attorney fees and staff time.
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No building permit shall be issued by the City for any of the development authorized by
this Resolution until the Agreements have been executed by the ,parties and the
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,covenanVdeed restriction submitted for recordation by the County of Riverside
Recorder's Office.
Building and Safety Department
19. All design components shall comply with applicable provisions, of the 2001 edition of the
California Building, Piumbing and Mechanicai Codes; 2001 California Electrical Code;
California Administrative Code, Title 24 Energy Code, Califomia Title 24 Disabled
Access Regulations, and the Temecula Municipal Code.
20. The City of Temecula has adopted an ordinance to collect fees for a Riverside County
area wide Transportation Uniform Mitigation Fee (TUMF). Upon the adoption of this
ordinance on March 31, 2003, this projeCt will be subject to payment of these fees at the
lime of building permit issuance. The fees shall be'subject to the provisions of Ordinance
03-01 and the fee schedule in effect at the time of building permit issuance.
21. Submit at time of plan review, a complete exterior site lighting plans showing compliance
with Ordinance No. 655 for the regulation of light pollution. All street-lights and other
outdoor iighting shall be shown on eiectrical pians submitted to the Department of
Building and Safety. Any outside lighting shall be hooded and directed so as not to
shine directly upon adjoining property or public rights-of-way.
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22. A,receipt or clearance Jetter from the Temeeula Valley School District shall be submitted
, to the Building & Safety Department to ensure the payment or exemption from School
Mitigation Fees.
23. Obtain all building plans and permit approvals prior to commencement of any
construction work.
24. Show all building setbacks.
25. Provide house electrical meter provisions for power for the operation of exterior iighting,
fire alarm systems. For developments with muitiple buildings, each separate building
shall be provided with a house meter,
26. Provide an approved automatic fire sprinkler system.
27. All building, and facilities must comply with applicable disabled access regulations.
Provide all details on pians. (California Disabled Access Regulations effective April .
1,1998) ,
28. Compliance with the provisions of Senate Bill 1025, effective July 1, 2005, which
modifies Chapter 11 A of the California Building' Code as it relates to muiti-story non"
eievator dwelling units, including condominiums and townhouse units, will be required,
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29, Provide disabled access from the public way to the main entrance of the building.
3'0. Provide van accessible parking iocated as ciose as possible to the main entry;
31, Show path of accessibility from parking to furthest point of improvement.
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32. Trash enclosures, patio covers, light standards, and any block walls if not on the
approved building plans, will require separate approvals and permits.
33. Signage shall be posted conspicuously at the entrance to the project that indicates the
hours of construction, shown below, as allowed by the City of Temecula Ordinance No.
94-21, specifically Section G (1) of Riverside County Ordinance No. 457.73, for any site
within one-quarter mile of an occupied residence,
Monday-Friday 6:30 a.m, - 6:30 p.m,
Saturday 7:00 a.m, - 6:30 p,m.
No work is permitted on Sundays or Government Holidays
Fire Prevention
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34. Final fire and iife safety conditions will be addressed when building plans are reviewed
by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the
California Building Code (CBC), Califomia Fire Code (CFC), and related codes which
are in force at the time of building plan submittal.
35. The Fire Prevention Bureau' is required to set a minimum fire flow for residential land
division per CFC Appendix IiI.A, Table A-III-A-1. The developer shall provide for this
project, a water system capabie of delivering 1500 GPM at 20 PSI residual operating
pressure with a 2 hour duration. The required fire flow may be adjusted during the
approval process to reflect changes in design, construction type, or automatic fire
protection measures as approved by the Fire Prevention Bureau, The Fire Flow as
given above has taken into account all information as provided. (CFC 903.2, Appendix
III.A) ,
36. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC
Appendix III.B, Table A-III-B-1. Standard fire hydrants (6" x 4' x 21/2" outlets) shall be
located on Fire Department access roads and adjacent public streets. Hydrants shall be
spaced at 500 feet apart, at each intersection and shall be located no more than 250 feet
from any point on the street or Fire Department access road(s) frontage to 'a hydrant.
The required fire flow shall be available from any adjacent hydrant(s) in the system. The
upgrade of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix
III-B)
37, If construction is phased, each phase shall provide approved access and fire protection
prior to any building construction, (CFC 8704:2 and 902.2,2)
Community Services Department
38, All landscaped areas, open space, recreational facilities and amenities, entry
monumentation and fencing shall be maintained by the Homeowners Association (HOA). '
39. Multi-Family refuse service will be provided for the 4-plex units. ' The HOA will be billed
directly by the trash hauler for this service,
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40., Multi-family trash enclosures shall be large enough to accommodate a recycting bin, as
well as a trash bin. Enclosures adjacent to sidewalks will require ramping at the curb to
allow servicing.
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41. Single family trash service will be provided for the 3-plex units and will be billed directly
to the HOA. The placement of bins for servicing will not reduce the 24 feet wide
clearance on the private roads needed for emergency vehicles, Trash bins will be
serviced from sidewalks,
42. All costs associated with the reiocation of any existing street lights shall be paid for by
the developer.
43. The developer shall be SUbject to the Public Art Ordinance.
44. The developer shall contact the TCSD Maintenance Superintendent for a pre-design
meeting to obtain TCSD design specifications for the Class i multi-use trails along
Temecula Creek, Loma Linda Drive and the east side of the project.
45. Construction of the future TCSD maintained Ciass I multi-use traiis shall commence
pursuant to a pre-construction meeting with the developer and TCSD Maintenance
Superintendent., Failure to comply with the TCSD construction specifications/details,
review and inspection process may preclude acceptance of the multi-use trails into the
TCSD maintenance program.
46. 'The developer, the developer's successor or assignee, shall be responsible for the
maintenance of the Class I multi-use trails until such time as those responsibilities are
accepted by the TCSD or other responsible party. '
47.
All landscaped areas, open space, recreational facilities and amenities, entry
rnonumentation and fencing shall be maintained by the Homeowners Association (HOA),
48. The developer shall contact the TCSD Maintenance Superintendent for a pre-design
meeting to obtain TCSD design specifications for the Class I multi-use trails along
T emecuia Creek, Loma Linda Drive and the east side of the project. "
, 49. Construction 6f the future TCSD maintained Class I mu!ti~use trails shall commence
pursuant to a pre-construction meeting with the developer and TCSD Maintenance
Superintendent. Failure to comply with the TCSD construction specifications/details,
review and inspection process may preclude acceptance of the multi-use trails into the
TCSD maintenance program. .
50. . The developer, the developer's successor or assignee, shall be responsible for the
maintenance of the Class I multi-use trails until such time as those responsibilities are
accepted by the TCSD or other responsibie party. '
51. The developer shall contact the City's franchised solid waste hauler for disposal of
construction debris. Only the City's franchisee may haul construction debris.
, Public Works Department
52,
A Grading Permit for either rough and/or precise grading, including all on-site flat work
and improvements, shall be obtained from the Department of Public Works prior to
commencement of any construction outside of the City-maintained street right-of-way"
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An Encroachment Permit shall be obtained from the Department of Public Works prior to
commencement of any construction within an existing or proposed City right-of-way.
54, All improvement pians, grading pians, arid raised landscaped median 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 of Temecula
mylars.
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Planning Department
55. Exclusion fencing (orange snow screen) will be installed along the construction limits
along the north property to prevent construction activities from infringing on the
Temecula Creek Conservation Area.
56. Manufactured slopes associated with the proposed site deveiopment shall not extend
into the MSHCP conservation area, The Final Grading Plan shall be submitted to the
City's MSHCP coordinator for approval.
57. ,Brush management to reduce fuei ioads to protect urban uses (fuel modification 'zones)
will occur only in the boundaries of the development. Fuei modification zones will not
, encroach in to the conservation area.
58. A copy of the Rough Grading plans shall be submitted and approved by the Pianning
Department.
59. The applicant shall comply .with the provisions of Chapter 8,24 of the Temecuia
Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in that
ordinance or by providing documented evidence that the fees have already been paid.
Public Works Department
60.
A Grading Plan shall be prepared by a registered Civil Engineer and shall be reviewed
and approved by the Department of Pubiic Works. The grading plan shall include all
necessary erosion control measures needed to adequately protect adjacent public and
private property,
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61. The Developer shall post security and enter into an agreement guaranteeing the grading
and erosion control improvements in conformance with applicable City Standards and
subject to approval by the Department of Public Works.
62. A Soil Report shall be prepared by a registered Soil or Civil Engineer and submitted to
the Director of the Department of Public Works with the initial grading plan check, The
report shall address all soils conditions of the site, and provide recommendations for the
construction of engineered structures and pavement sectio,ns.
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63. A Geological Report shall be prepared by a qualified engineer or geologist and
submitted to the Department of Public Works with the initial grading pian check. The
report shall address special study zones and the geological conditions of the site, and
shall provide recommendations to mitigate the impact of ground shaking and
liquefaction.
64. The Developer shall have a Drainage Study prepared by a registered Civii Engineer in
, accordance with City Standards identifying storm water runoff expected fr,om this site
and upstream of this site. The study shall identify all existing or proposed public or
private drainage facilities intended to discharge this runoff. The study shall also analyze
and identify impacts to downstream properties and provide specific recommendations to
protect the properties and mitigate any impacts. Any upgrading or upsizing of
downstream facilities, including acquisition of drainage or access easements necessary
to make required improvements, shall be provided by the Developer,
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65. NPDES - The project proponent shall implement construction-phase and post-
construction pollution prevention measures consistent with the State Water Resources
Control Board (SWRCB) and City of Temecula (City) NPDES programs. Construction-
phase measures shall include Best Management Practices (BMPs) consistent with the
City's Grading, Erosion & Sediment Control Ordinance, the City's standard notes for
Erosion and Sediment Controi, and the SWRCB General Permit for Construction
Activities. Post-construction measures shall be required of all Priority Development
Projects as listed in the City's NPDES permit. Priority Development Projects will include
a combination of structural and non-structural onsite source and treatment control BMPs
to prevent contaminants from commingling with stormwater and treat all unfiltered runoff
year-round prior to entering a storm drain. Construction-phase and post-construction
BMPs shall be designed and included into plans for submittal to, and subject to the
approval of, the City Engineer prior to Issuance of a Grading Permit. The project
proponent shall also provide proof of a mechanism to ensure ongoing long-term
maintenance of all structural post-construction BMPs.
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66, ,As deemed necessary by the Director of the Department of Public Works; the Developer
shall receive written clearance from the following agencies:
a. San Diego Regional Water Quality Control Board
b. Riverside County Flood Control and Water Conservation District
c. Planning Department
d. Department of Public Works
67. The Deveioper shall comply with all constraints which may be shown upon an
Environmental Constraint Sheet (ECS) recorded with any underlying maps related to the
subject property.
68, Permanent landscape and irrigation pians shall be submitted to the Planning Department
and the Department of Public Works for review and approval.
69. The Developer shall obtain any necessary letters of approval or slope easements for off:
site work performed on adjacent properties as directed by the Department of Pubiic
Works.
70, A fiood mitigation charge shall be paid. The Area Drainage Plan fee is payabie to the
Riverside County Flood Control and Water Conservation District by either cashier's
check or money order, prior to issuance of permits, based on the prevailing area
drainage plan fee. If the full Area Drainage Pian fee or mitigation charge has already
been credited to this property, no new charge needs to be paid.
'71. The site is in an area identified on the Flood insurance Rate Map. This, project shall
comply with Chapter 15, Section 15.12 of the City Municipai Code which may include
obtaining a Letter of Map Revision from FEMA. A Flood Plain Development Permit shall
be submitted to the Department of Public Works for review and approval.
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Planning Department
72. The applicant shall submit street lighting and signage pians to the Planning Directo( for
final approval, Street lighting shall comply with the Specific: Plan, Riverside County Mt.
Palomar lighting Ordinance, and the mitigation-monitoring program, Said lighting shall
comply with the standards as set forth in the Mitigated Monitoring Program and install
hoods or shields to prevent either spiliage of lumens or reflections into the sky (lights
must be downward facing).
73. Obtain street addresses from the Building Official prior to submittat' of pians for plan
review,
74. Signage shall be posted conspicuously at the entrance to the project that indicates the
hours of construction, shown below, as allowed by City of Temecula Ordinance No. 94-
21, specifically Section G (1) of Riverside county Ordinance No. 457,73. for any site
within one-quarter mile of an occupied residence.
Monday-Friday 6:30 a,m. - 6:30 p.m.
Saturday 7:00 a.m. - 6:30 p.m.
No work is permitted on Sundays or Government Holidays
75. Prior to construction of the Modei Home complex, the appiicant shall appiy for a Model
Home complex permit.
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76. A separate building permit shall be required for all signage.
77. An appropriate method for screening the gas meters and other externally mounted utility
equipment shall be reviewed and approved by the Planning Department.
78. Landscape plans for front yards, slopes and common lots, to include a plan for perimeter
or 'community" walls/fences, shall be submitted for review and approval by the Pianning
Director prior to the issuance of building permits for the project. '
79. A landscape maintenance program for all association maintained areas shall be
submitted for approvai with the landscape construction pians, which details the proper
'maintenance of all proposed plant materials to assure proper growth and landscape
development for the long-term esthetics of the properly, The approved maintenance
program shall be provided to the landscape maintenance contractor who shall be
responsible to carryout the detailed program.
, 80, All utilities shall be screened from public view. Landscape construction drawings shall
show and label all utilities and provide appropriate screening. Utilities shall be grouped
together in order to reduce intrusion. Planting beds shall be di3'signed around utilities,
All light poies shall be iocaied on the landscape plans and shall not conflict with 1rees.
81. Provide upgraded front doors on the construction building plans to all single-family
homes consist with the home's architectural elevation to the satisfaction of the Pianning
Director.
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The construction building plans shall show all singie family homes with enhanced
elevations,
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83, Three (3) copies of Construction Landscaping and Irrigation Plans shall be reviewed and
approved by the Planning Department. These plans shall conform to the approved
conceptual landscape plan, or as amended by these conditions. The iocation, number,
genus, species, and container size of ,the plants shall be shown. The plans shall be
consistent with the Water Efficient Ordinance, The plans shall be accompanied by the
following Items:
a. Appropriate filing fee (per the City of Temecula Fee Schedule at time of
submittal).
b, Provide an agronomic soils report with the construction landscape plans.
c. One (1) copy of the approved grading plan.
d. Water usage caicuiations per Chapter 17.32 of the Development Code (Water
Efficient Ordinance).
e, Total cost estimate of plantings and irrigation (in accordance with approved plan),
84. A Final Landscaping plan shall be submitted to the Planning Department for review and
approvai, The plant pallet shall avoid the iist of invasive plant species identified in the
MSHCP as those species to be avoided adjacent to the MSHCP Conservation area
(MSHCP Finai in Voiume 1 Section 6 in Table 6,2 on page 6-44 through 6-46).
85. All off-site graded areas shall be landscaped as approved by the Planning Director.
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86. Proposed non-irrigated hydroseed mix areas shall be provided with automatic temporary
irrigation to insure proper germination and establishment of the seeded areas as
approved by the Planning Director, '
87. Ail front yards shall include a minimum of one 15 gallon size tree per lot in addition to the
required street trees.
88. All. shrubs shall be planted from a minimum size of 5 gallon. Sub shrubs (i.e.
Agapanthus, Hemerooallis) may be planted from 1 gallon.
89. All utilities shall be screened from pubiic view. Landscape construction drawings shall
show and labei all utilities and provide appropriate screening. A 3' clear zone .shall be
provided around .fire check detectors as required by the Fire Department. Utilities shall
be grouped together in order to reduce intrusion. Screening of utilities is not to look like
an after-thought. Planting beds shall be designed around utilities. All light poies shall be
located on the landscape plans and shall not conflict with trees. .
90. Aiandscape maintenance program shall be submitted for approval with the landscape
construction plans, which details the proper maintenanoe of all proposed plant materiais
, to assure proper growth and iandscape deveiopment for the iong-term esthetics of the
property, The approved maintenance program shall be provided to the landscape
maintenance contractor who shall be responsible to carryout the detailed program.
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Building and Safety Department
91. A sound transmission control study shall be prepared and submitted at time of plan
review in accordance with the provisions of Appendix Chapter 12, Section 120BA, of the
2001 edition of the California Building Code,
92. Restroom fixtures, number and type, to be in accordance with the provisions of the 2001
edition of the California Building Code Appendix 29.
93, Provide eiectricai plan including ioad caiculations and panei schedule, plumbing
schematic and mechanical plan appiicable to scope of work for plan review.
94. Truss calculations that are stamped by the engineer of record and the truss
mamifacturer engineer are required for plan review submittal.
95. Provide precise grading plan at plan check submittal to check accessibility for persons
with disabilities.
Fire Prevention
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96, Final fire and life safety conditions will be addressed when building plans are reviewed
by the Rre Prevention Bureau. These conditions will be based on occupancy, use, the
California Building Code (CBC), California Fire Code (CFC), and related codes, which
are in force at the time of building pian submittai.
97. ' The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or
construction of all commercial buildings per CFC Appendix III.A, Table A-IIi-A-1, The
developer shall provide for this project, a water system capable of delivering 1500 GPM
at 20 PSI residual operating pressure, pius an assumed sprinkler demand of 400 GPM
for a total fire flow of 1900 GPM with a 2 hour duration. The required fire flow may be
adjusted during the approval process to reflect changes in design, construction type, or
automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire
Fiow as given above has taken into account all information as provided. (CFC 903.2,
Appendix III-A) ,
98. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC
Appendix III-B, Table A-III-B-1. A minimum number of hydrants, in a combination of on-
site and off-site (6" x 4" x 2-2 1/2" outlets), shall be located on Fire Department access
roads and adjacent public streets. Hydrants shall be spaced at 500 feet apart, at each
intersection and shall be located no more than 250 feet from any point on the street or
Fire Department access road(s) frontage to a hydrant. The required fire fiow shall be
available from any adjacent hydrant(s) in the system. The upgrade of existing fire
hydrants may be required. (CFC 903.2, 903.4.2, and Appendix III-B)
99. If construction is phased, each phase shall provide approved access and fire protection
prior to any building construction. (CFC 8704.2 and 902.2.2)
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100, Prior to buiiding construction, all locations where structures are to be built shall have
approved temporal)' Fire Department, vehicle access roads for use until permanent
, roads are installed. Temporal)' Fi're Department access roads shall be an all. weather
surface for 80,000 Ibs. GVW. (CFC 8704.2 and 902.2,2,2)
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101. Prior to building finai, all locations where structures are to be buiit shall have approved
FIre Department vehicle access roads to within 150 feet to any portion of the facility or
any portion of an exterior wall of the building(s). Fire Department access roads shall be
an all weather surface designed for 80,000 ibs, GVW with a minimum AC thickness of
;25 feet. (CFC sec 902)
102. Fire Department vehicle access.roads shall have an unobstructed width of not less than
,twenty-four (24) feet and an unobstructed vertical ciearance of not iess than thirteen (13)
feet six (6) inches. (CFC 902.2.2.1)
103. Prior to building construction, dead end road ways and streets in excess of one hundred
and fifty (150) feet which have not been completed shall have a turnaround capable of
accommodating fire apparatus. (CFC 902.2.2.4)
104. Prior to building constructlon, this development shall have two (2) points of access, via
all-weather surface roads, as approved by the Fire Prevention Bureau. (CFC 902.2.1)
105. Prior to issuance of buiidino permits, the developer shall furnish one copy of the water
system plans to the Fire Prevention Bureau for approvai prior to installation. Pians shall
be signed by a registered civil engineer; contain a Fire Prevention Bureau approval
, ,signature block; and conform to hydrant type, location, spacing and minimum fire flow
standards. After the pians are signed by the iocal water company, the originals shall be
'presented to the Fire Prevention Bureau for signatures. The required water system
inciuding fire hydrants shall be installed and accepted by the appropriate water agency
prior to any combustible building materials being placed on an individuai iot. (CFC
8704.3,901.2.2.2 and National Fire Protectlon Association 24'1-4.1)
Community Services Department
106, The developer shall provide TCSD verification of arrangements made with the City's
franchise solid waste hauler for disposal of construction debris.
107. Prior to the installation of arterial street lights on Loma Linda Road, Temecula Lane or
issuance of, building permits, whichever comes first, the developer shall file an
application, submit an approved Edison street light pian and pay the appropriate fees to
the TCSD for the dedication of street lights into the appropriate TCSD maintenance
program,
108. Prior to the issuance of the 175"' residential building permit the Class I trail aiong Loma
Linda Road shall be compieted to the satisfaction of the Community Services Director.
109. - Prior'to the issuance of the 325"' residential building permit the Ciass i trails along the
east side of the project and Temecuia Creek shall be compieted to the satisfaction of-the
Community Services Director.
Public Works Department
110. improvement plans and/or precise grading plans shall conform to applicable City of
Temecula'Standards subject to approval by the Director of the Department of Pubiic
Works. The following design criteria shall be observed:
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Fiowline grades shall be 0,5% minimum over P.C.C, and 1.00% minimum over
A.C. paving.
Driveways shall conform to the applicable City of Temecuia Standard No. 207 A.
Street lights shall be installed aiong the public streets adjoining the site in
accordance with City Standard No. 800, 801, 802 and 803.
Concrete sidewalks and ramps shall be constructed along public street frontages
in accordance with City of Temecula Standard Nos, 400, 401 and 402.
All street and driveway centerline intersections shall be at 90 degrees.
Public Street improvement plans shall include plan and profile showing existing
topography, utilities, proposed centerline, top 01, curb and flowline grades.
Landscaping shall be limited In the corner cut-off area of all intersections and
adjacent to driveways to provide for minimum sight distance and visibility,
,111. The Developer shall design and guarantee construction of the following public
improvements to City 01 Temecuia General Plan standards unless otherwise noted.
Plans shall be reviewed and approved by the Department of Public Works:
a. Improve Loma Linda Road from Temecula Lane to Via Del Coronado (Principal
Collector Highway Standards - 78' RIW) to include dedication of half-width street
right-of-way, installation of half-width street improvements, paving, curb and
gutter, sidewaik, street lights, drainage facilities, signing and striping, utilities
(including but not limited to water and sewer).
b. improve Temecula Lane Irom Loma Linda Road to westerly property boundary
(Locai Road Standards - 60' RIW) to inciude dedication of half-width street rlght-
of-way plus six feet, installation of hail-width street improvements plus six feet,
paving, curb and gutter, sidewaik, street lights, drainage facilities, signing and
striping, utilities (including but not limited to water and sewer).
c. Via Del Coronado (Collector Road Standards - 66' RIW) to inciude irrevocable
offer of dedication for half-width street right-of-way. Provide an alignment stUdy
to show future connection.
d. All street improvement design shall provide adequate right-of-way and pavement
transitions per Caltrans standards for transition to existing street sections.
112. Private roads shall be designed to meet City public road standards. Unless otherwise
approved the following minimum criteria shall be observed iil the design of private
streets:
b.
improve Entry Streets "8" and "C" (Private Street - 70' RlE) to include installation
of full-width street improvements, paving, curb and gutter, sidewalk, drainage
facilities, utilities (including but not limited to water and sewer) and a 10 foot wide
raised iandscaped median.
Improve Entry Street "A" (Private Street - 60' RlE) to include installation of full-
width street improvements, paving, curb and gutter, sidewaik, drainage facilities,
utilities (including but not limited to water and sewer) anda 10 foot wide raised
landscaped median,
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Improve Streets "I" and "R" thru "Y" (Single Family only) (Private Street - 46' AlE,
36' curb to curb) to inchide installation of full-width street improvements, paving,
curb and gutter, sidewalk, drainage facilities, utilities (inciuding but not limited to
water and sewer).
d.
Improve Street "A" from Street "D" to Street "H" (Private Street - 34' AlE, 24' curb
to curb) to inciude installation of full-width street improvements, paving, rolled
curb and gutter, sidewalk, drainage facilities, utilities (including but not limited to
water and sewer).
Improve Streets "D" through Street "I" (Muitifamlly only) (Private Street - 34' AlE,
24' curb to curb) to include installation of full-width street improvements, paving,
rolled curb and gutter, sidewalk, drainage facilities, utilities (including but not
limited to water and sewer).
,Improve Street "P" through Street "R" (from Street "0" to Street "Q') (Private
Street - 34' AlE, 24' curb to curb) to include installation of full-width street
improvements, paving, rolled curb and gutter, sidewalk, drainage facilities,
utilities (including but not limited to water and sewer).
Improve Street "A" from Street "H" to Street "I(" (Private Stree1 - 30' AlE, 24' curb
to curb) to include installation of full-width street improvements, paving, rolled
curb and gutter, one-sided sidewalk, drainage facilities, utilities (including but not
iimited to water and sewer).
improve Street "L" and Street "M" (Private Street - 30' AlE, 24' curb to curb) to
include installation of full-width street improvements, paving, rolled curb and
gutter, one-sided sidewalk, drainage facilities, utiiities (including but not limited to
water and sewer),
improve Street "R" from Street "D" to Street "L" (Private Street - 30' AlE, 24' curb
to curb) to include installation of full-width street improvements, paving, rolled
curb and gutter, one-sided sidewalk, drainage facilities, utilities (including but not
limited to water and sewer);
Improve Streets "J", "K", "N" and "0" (Private Street - 26' AlE, 24' curb to curb) to
include installation of full-width street improvernents, paving, rolled curb and
gutter, drainage facilities, utilities (including but not limited to water and sewer).
Knuckles being required at 90 'bends' in the road.
Cul-de-sac geometries shall meet current City Standards.
Minimum safe horizontal centerline radii shall be required (all centerline radii
should be identified on the site plan).
All intersections shall be perpendicular (90),
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113. A construction area Traffic Controi Pian shall be designed by a registered Civil or Traffic
Engineer and reviewed by the Director of the Department of Public Works for any street
closure and detour or other disruption to traffic circuiation as required by the Department
of Public Works,
114. The building pad shall be certified to have been substantially constructed in accordance
with the approved Precise Grading Plan by a registered Civil Engineer, and the Soli
Engineer shall issue a Final Soil Report addressing compaction and site conditions.
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115, The Developer shall pay to the City the Public Facilities Development impact Fee as
required by, and ili accordance with, Chapter 15.06 of the Temecuia Municipal Code and
all Resolutions impiementing Chapter 15.06,
116. The Deveioper shall pay to the City the Western Riverside County Transportation
Uniform Mitigation Fee (TUMF) Program as required by, and in accordance with,
Chapter 15.08 of the Temecula Municipal Code and all Resolutions implementing
Chapter 15,08.
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117. 'All of the foregoing conditions shall be complied with prior to occupancy or any use
allowed by this permit.
118. All required landscape planting and irrigation, hardscape and fencing within individuai
lots shall have been installed and completed for inspection consistent with the approved
construction iandscape plans prior to issuance of occupancy for each house (excluding
model home complex), The plants shali be healthy and free of weeds, disease, or pests.
The irrigation system shall be properly constructed and in good working order.
119. Prior to issuance of the first Certificate of Occupancy, the applicant shall prepare and
submit a written report to the City's MSHCP Coordinator demonstrating compiiance with
the MSHCP.
120. Performance securities, in amounts to be determined by the Director of Planning, to
guarantee the maintenance of the plantings in accordance with .the approved
constructiOn landscape and irrigation plan shall be filed with the Planning Department for
a period of one year from final certificate of occupancy. After that year, if the
landscaping and irrigation system have been maintained in a condition satisfactory to the
Director of Planning, the bond shall be reieased upon request by the applicant.
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BuildIng and Safety Department
121. Provide appropriate stamp of a registered professional with original signature on plans
prior to permit issuance. '
122. A pre-construction meeting is required with the building inspector prior to the start of the
building construction. '
Fire Prevention
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123. Prior to issuance of a Certificate of Occupancy or building finai, 'Blue Reflective
Markers" shall be installed to identify fire hydrant locations, (CFC 901.4.3)
124. 'Prior to issuance of a Certificate of Occupancy or building finai, approved numbers or
addresses shall be provided on all new and existing buildings in such a position as to be
piainiy visibie and iegible from the street or road fronting the property. Numbers shall be
of a contrasting color to their background. Commercial, multi-family residential and
industrial buildings shall have a minimum twelve (12) inches numbers with suite
numbers a minimum of six (6) inches in size. All suites shall gave a minimum of six (6)
, inch high ietters and/or numbers on both the front and rear doors.' Singie family
'residences and multi-family residential units shall have four (4) inch letters and lor
numbers, as approved by the Fire Prevention Bureau. (CFC 901.4.4)
Community Services Department
125. Within each phased map, the developer shall submit the most current list of Assessor's
Parcei Numbers assigned to the finai project. '
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126. It shall be the developer's responsibilily to provide written disclosure of the existence of
TCSD and its service level rates and charges to all prospective purchasers.
PUblic Works Department
127. As deemed necessary by the Department of Public Works, the Deveioper shall receive
written clearance from the following agencies:
a, Rancho Califomia Water District
b. Eastem Municipal Water District
c. Department of Public Works
128. Corner property line cut off shall be required per Riverside Counly Standard No, 805,
129. All public improvements, shall be constructed and completed per the approved plans
and Cily standards to the satisfaction of the Director of the Department of Public Works.
130. The existing improvements shall be reviewed, Any appurtenance damaged or broken
shall be repaired or removed and replaced to the satisfaction of the Director of the
Department of Public Works.
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OUTSIDE AGENCIES
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131. Comply with the Rancho Water District letter dated August 25, 2004 and provide them
with a Reciprocal Easement and Maintenance Agreement to serve the on-site water
facilities.
132. Comply with the Riverside County Flood Control and Water Conservation District dated
September 20, 2005 . Additional permKs may be required prior to the construction of the
project.
133. Comply with the Pechanga Cultural Resources letter dated November 10, 2005,
By placing my signature below, i confirm that I have read, understand, and accept all the above
Conditions of Approval. i further understand that the property shall be maintained in
Conformance with these condKions of approval and that any changes I may wish to make to the
project shall be subject to Planning Department approval, .
Applicanfs Signature
Date
Applicant's Printed Name
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Rancho
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Board orDirectol'S
John E. Hoagland
""""""
CAba F. Ko
Sr. Viee Pruidegl
Stephen J. Corollll
Ralph II. Dan,
Ben R. Drake
Usa D. HeriDaD
Michael R. McM.lD_
Offieers:
Brian J. Brady
General Manager
Phillip L Forbes
DireetorofFiDance-'I'reasurer
EP. "Bob" Lemons
Diredor o! Etagmeering
C);'
August 25, 2004
)
Matt Harris, Associate Planner
,City of Temecula
PJRnn;ng Department
43200 Business Park Drive
Post Office Box 9033
Temecula, CA 92589-9033
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SUBJECT: WATER A V AILABILITY
TENTATIVE TRACT NO. 31946
PORTION OF PARCEL NO.1 AND NO.2 OF PARCEL MAP
NO. 8756; APN 961-010-016, APN 961-010-018, APN 961-010-
019, APN 961-010-020, AND APN 961-010-021, PROJECTS NO.
P A04-0490, NO. r A04-0491, AND NO. P A04-0492
Dear Mr. Harris:
Please be advised that the above-referenced property is ,located within the
boundaries of Rancho California Water District (RCWD). ,Water service,
therefore, would be available upon construction of any required on-site and/or
off-site water facilities and the completion of financial arrangements between
RCWD and the property owner.
p.....,.... ...~k .If fIre protection is required, the customer will need to contact RCWD for fees
c.,.",,"~ and requirements.
Unda M. Fregoso
Diltriet SeaetaryfAdminiHtrative . .. . . . . .
Suvi~. Mn...... Water availability would be contingent upon the property owner slgnmg an
c, Mi.....1COweu Agency Agreement that assigns water management rights, if any, to RCWD.
Best Best.,/I; Krieger ILP
c.ne.al enun..J
A portion of this project is a condominiwn development with potential for
individual building owners and a homeowners' association maintaining the
common property and private water and fire protection facilities, Asa condition
of the project, RCWD requires that the City of Temecula include a Reciprocal
Easement and Maintenance Agreement for these on-site private water facilities.
If you should have any questions, please contact an Engineering Services
Representative at this office.
Sincerely,
RANCHO CALIFORNIA WATER DISTRICT
04\MM:atl23\FCF
c: Laurie Williams, Engineering Services Supervisor
Rancho Callrornla Water DiAriet
42135 Win(hester Road .. Post ()ffice Box 9017 .. Temecula, California ~2589-9017 .. (951)296-6900" FAX {951l 296-6860
WARREN D. WILLIAMS
G~eral Manager.C1lief Engineer
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1995 MARKET STREET
RIVERSIDE, CA 92501
,951.955.1200
, 95 1.788.9965 FAX
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102252_3
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
September 20, 2005
Ms. Christine Damko
, City of Temecida
Planning DepaJ'tment
Post Office Box 9033
Temecula, CA 92589-9033
SEP 2 2 2005'
Dear Ms. Damko:
Re: P A04-0490 - 0492 and P A 04-0496
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The District does not nonnalIy recommend conditions forland divisions or other land use cases in
incorporated cities, The District also does not plan check city land use cases, or provide State
Division of Real Estate letters or other flood hazard reports for such cases, District.
comments/recommendations for such cases are nonnally limited to items Of specific interest to the
District including District Master Drainage Plan facilities, other regionalflo<id control and drainage
facilities which could be considered Ii 10gica1componei1t or extension of a maSter plan system, and
District Area Drainage Plan fees (development mitigation fees). Tn addition, infotmatioo of a general
nature is provided. '
The District has not reviewed the proposed project in detail and the following comment does ,not in
any way constitute District approval or endorsement of the proposed project with respect. to flood
hazard, public health and safety or any other such issue,
This proposed project is adjacent to facilities that could be considered regional in nature and/or
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a logical extension of Temecula Creek Channel. The ,District would consider accepting
ownership of such facilitiesop written request.of the City;, I;acilities !nust beeonstructed to
, District' standards, 'lUid, DiStrict, plan' eh~k ,aild '~ectiD1l,wilF be'requiI:ed for, District
acceptance. Plan check, inspeCtion aDd administrative"fees will be required. '
GENERAL INFORMATION
This project may require a National Pollutant Discharge Elimination System (NPDES) pencit from
the State Water Resources Control Board. Clearance for grading, recordation or other final approval
should not be given until the City has detennined that the project has been granted a permit or is
, 'shown to be exempt.
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If this project involves a Federal Eniergency Management Agency (FEMA) mapped flood plain, then
the City should iequirethe applicant to provide all studies, calculations, plans and other infonnation
required to meet FEMA requirements, and should further require that the applicant obtain a
Conditional Letter of Map ,Revision (CLOMR) prior to grading, recordation or other final approval of
the project, and a Letter of Map Revision (LOMR) prior to occupancy. '
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Ms. Christine Damko -2-
Re:, P A04-0490 - 0492 and P A 04-0496
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102252_3
September 20, 2005
The applicant shall show written proof of compliance with the Multiple Species Habitat Conservation
Plan (MSHCP) for any drainage facilities the applicant proposes to be maintained by the District. All
applicable CEQA and MSHCP documents and pennits shall address the construction, operation and
maintenance of all onsite and off site drainage facilities. Draft CEQA documents shall be forwarded
to the District during the public review period.
If a natural watercourse or mapped floodplain is impacted by this project, the City should require the
applicant to obtain all applicable Federal, State and 'local, regulatory peimits. These regulatory ,
i permits include, but are not limited to: a Section 404 Penl1it issued by the U.S. Army Corps of
' Engineersi~'colnpliancewith'section 404 of the Clean Water Act, a California State' Department of
'Fish and Game Streambed Alteration Agreement in compliance with the Fish and Game Code
Section 1600 et seq" and a 401 Water Quality Certification or a Report of Waste Discharge
Requirements in compliance with Section 401 of the Clean Water Act or State Porter Cologne Water
Quality Act, respectively, from the appropriate Regional Water Quality Control Board. The applicant
shaJ] also be responsible for complying with all mitigation measures as required under CEQA and all
Federal, State, and local environmental rules and regulations.
c: Riverside County Planning Department
Attn:David Mares
AM:blj
Very truly yours,
~u~
,ARWRO DIAZ
Senior Civil Engineer
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Chairpemn: '
Germaine Arenas
PECtlANGA CULTURAL RESOURCES
Temecula Band of Luisefio Mission Indians
Vice ChaiJperson:
Muy Boar Magee
Committee Members:
Raymond Basquez, Sr.
EvicGerbct
Darlene Miranda
Bridgeu Barcello Ma1>wcll
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Post Office. Box 2183 . Temecula, CA 92593
Telephone (951) 308-9295 . Fax (951) 506-9491
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Director:
Guy DuBois
November 1 0, 2005
Coordinator.
Paul Macatro
Cultwol Anolyst
Stephanie Gordin .
Christine DamIco
, City of Temecula Planning Department
43200 Business Park Drive
Temecula, CA 92590
Monitor Supervisor:
Aurelia Marruffo
Re: Comments on Temeeula Lane Project (P A04-0490-0492 and P A 04-0496)
Dear Ms. DamIco:
This comment letter is submitted by the Pechanga Band of Luisello Indians (hereinafter,
"Pechanga Tribe"), a federally recognized Indian tribe and sovereign government. The Pechanga
Band requests that these comments as well as any subsequent comments submitted by the
Pechanga Band be included in the record of approval for the Project. The Pechanga Tribe is
formally requesting, pursuant to Public Resources Code ~21 092,2, to be notified and involved in
the entire CEQA environmental review process for the dwation of the above referenced project
(the "Project'').
THE TRIBE'S CONCERNS WITH THE PROJECI'
The Tribe has two primary concerns with the Project which it would like to see addressed
by the City. First and foremost, this Project is close to a site which contains over 18 burials of
human remains, Such information was not included or addressed in the Cultural Resources
Survey. As such, adequate and appropriate mitigation was not put into place.
Further, it is the Tribe's understanding that the mass grading permit was processed
separately, and as far as the Tribe is aware it was not notified of that application. Because of the
proximity to the site with the burials, awarding the mass grading permit without appropriate
environmental evaluation was improper by the City.
THE LEAD AGENCY MUST INCLUDE AND CONSULT WITH THE TRIBE IN ITS
REVIEW PROCESS
Because of the culturally sensitive site, the Temecula Creek Village site which has been
detennined to be a significant site, lying in close proximity to the Project area, it is imperative
that the City, as lead agency, as well as the applicant adequately consult with the Tribe. It has
Sacred Is The Duly Trusted Unto Our Care And With Honor We Rise To The Need
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Pechanga comment letter to the City of Temecula
RE: Comments on Temecula Lane Project
Page 2
been the intent of the Federal Government1 and the State of California2 that Indian tribes be
consulted with regard to issues which impact cultural and spiritual resources, as well as other
governmental concerns. The responsibility to consult with Indian tribes stems from the unique
, government-to-government relationship between the United States and Indian tribes. This ilrises
when tribal interests are affected by the actions,of governmental agencies and departments such
as approval of Specific Plans and EIRs. In this case, it is undisputed that the project lies within
the Luisefio tribe's traditional territory. Therefore, in order to comply with CEQA and other
applicable Federal and California law, it is imperative that the Lead Agency and the Project
applicant consult with the Tribe in order to guarantee an adequate basis of knowledge for an
appropriate eValuation of the project effects, as well as geneniting adequate mitigation measures.
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Such consultation is especially important with regard to Projects such as this one which
has the potential to impact Native American human remains,
PROJECT IMPACTS TO CULTURAL RESOURCES
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The Pechanga Tribe asserts that the Project area is part of the Pechanga Tribe's
aboriginal territory, as evidenced by the existence ofLuiseilo place names, rock art pictographs,
petroglyphs and extensive artifact records found in the vicinity of the Project. The Pechanga
Tribe's primary concerns stem from the project's likely impacts on Native American cultural '
resources. The Pechanga Tribe is concerned about both the protection of unique and
irreplaceable cultural resources, such as Luiseilo village sites, and archaeological items which
would be displaced by ground-disturbing work on the project, and on: the proper and lawful '
treatment of cultural items, Native American human reniains and sacred items likely to be
discovered in the course of the work. The Tribe would also like to point out that a preferred
method of treatment for archeological'sites according to the CEQA is avoidance (California
Public Resources Code ~21083.l), and that this is in agreement with the Tribe's practices and
policies concerning cultural resources.
Further, the Pechanga Tribe believes that if human remains are discovered, State law
would apply and the mitigation measures for the pennit must account for this. According to the
California Public Resources Code, ~ 5097.98, if Native American human remains are
discovered, the Native ,American Heritage commission must name a "most likely descendant,"
who shall be consulted as to the appropriate disposition of the remains. Given the Project's,
location in Pechanga territory, the Pechanga Tribe intends to assert its right pursuant to
California, law with regard to any remains or items discovered in the course of this project.
I See Executive Memorandum of April 29, 1994 on Govemment-to-Oovemment Relations wilh Native American
Tn"bal Governments and Executive Order of November 6, 2000 on Consultation and Coordination wilh Indian Tn"bal
Governments.
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2 See California Public Resource Code, ~5097,9 at seq.
Pechanga Cu/rura/ Resources. Tenuxula Band o/Luisefio Mission Indians
Post Office Box 2183' Temecu/a, CA 92592
Sacred Is The Duty Trosted Unto Our Care And With Honor We Rise. To The Need
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Pechanga comment letter l01e City of TemecuIa
RE: Comments on Temecula Lane Project
Page 3
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As was discussed above, the Project site lies in close proximity to the Temecula Creek
Village site which is a sensitive archaeological village site in which multiple Native American
human remain burials were encountered. As the City is aware, measures were taken in that
Project to assure the appropriate treatment and protection of those burials. Further, the
proximity of the Project to the creek channel makes the discovery of more human remains likely.
Whiie the Tribe understands that the intent is to leave the pcirtion by the creek channel as open
space, adequate mitigation and protection of the sensitive areas are necessary, Such conditions
of approval should provide for the mass grading to be performed near the sensitive site in a
manner which would allow for the greatest protection of any items or human remains uncovered
during the mass grading.
For this reason, additional mitigation language is requested prior to the Project being
approved. The Tribe has been in contact with the Project applicant who has expressed its
willingness to work with the Tribe to develop adequate mitigation measures and conditions of
approval for the sensitive areas.
REOUlRED MITIGATION
Given this Project's close proximity to known cultural sites which were not adequately
discussed in the initial cultural study, including a known village site, Pechanga requests the
following be included as mitigation measures as well as conditions of approval which are
required to be met prior to the issuance of grading permits, and the City should asSure that the
already issued mass grading permit adheres to the necessary conditions:
1. The mass grading of the Project site shall be performed in a controlled manner,
the specifics of which shall be determined in consultation between the projeCt
applicant/developer and the Pechanga Band ofLuisefio Indians prior to issuance of grading
permits or prior to project approval.
2. Prior to issuance of the grading permit, the developer shall enter into a Treatment
AgreementS with the Pechanga Tribe. This Agreement will address the treatment and disposition,
of cultural resources and human remains that may be encountered during copstruction. The
Agreement will further contain provisions. of tribal monitors and address compensation for the
Native American monitors being paid by the developer.
3. The landowner agrees to relinquish ownership of all cultural resources, including
archaeological artifacts found on the project site, to the Pechanga Band of Luisefio Indians for
proper treatment and disposition to the extent authorized by the law.
4. Monitoring by a professional archaeologist and Pechanga Tribal monitors is
required during all ground disturbing activities, The monitor's shall each have the authority to
temporarily halt and/or divert grading equipment to allow for additional investigation as
necessary.
Pechanga Cultural Resources' TemecuIa Band of Luiseno Mission Indians
Post Office Box 1183. Temecula, CA 91591
Sacred Is The Duty Trusted Unto Our Care And With Honor We Rise To The Need
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Pechanga comment letter to the City of Temecula
RE: Comments on TemecuIa Lane Project
Page 4
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5. If human remains are encountered, all activity shall stop and the County Coroner
must be notified immediately. . All activity must cease until the County Coroner,has determined
the origin and disposition of said remains. The Coroner shall detennine if the remains are
prehistoric, and shall notify the State Native American Heritage Commission if applicable.
Further actions shall be determined by the desires of the Most Likely Descendent.
6, All sacred sites within the Project area are to be avoided and preserved,
The Pechanga Tribe looks forward to worlOng together with the City of Temecula, the
applicant, and other interested agencies in protecting the invaluable Luiseflo culturaI resources
found in the Project area. If you have any questions, please do not hesitate to contact me at (951)
308-9295 or Laura Miranda at (951) 676-2768, Ext.2137. Thank you for the opportunity to
submit these comments.
Sincerely,
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Stephanie Gordin
Cc: Mr, Lindsey Quakenbush
D.R. Horton
5927 Priestly Drive, Suite 200
Carlsbad, CA 92008
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Pechanga Cultural Resources' Thmecu/a Band ofLuiseiio Mission Indians
PostOjjice Box 2/83, Temf'CUla, CA 92592
Sacred Is The Duty Trusted Unto Our Care And With Honor We Rise To The Need