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HomeMy WebLinkAbout03_018 PC ResolutionPC RESOLUTION NO. 2003-018 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA FOR THE APPROVAL OF PLANNING APPLICATION NO. PA02-0652, AN EIGHT LOT VESTING TENTATIVE PARCEL MAP, GENERALLY LOCATED SOUTH OF RANCHO CALIFORNIA ROAD, WEST OF COSMIC ROAD AND EAST OF THE MORAGA ROAD INTERSECTION OF RANCHO CALIFORNIA ROAD KNOWN AS ASSESSORS PARCEL NO(S). 944-290-012, 013,014. WHEREAS, MJW Property Group, filed Planning Application No. PA02-0652 Vesting Tentative Parcel Map "Application"), in a manner in accord with the City of Temecula General Plan and Development Code; WHEREAS, the Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission, at a regular meeting, considered the Application on April 23, 2003, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter; WHEREAS, at the conclusion of the Commission hearing and after due consideration of the testimony, the Commission approved the Application subject to and based upon the findings set forth hereunder; WHEREAS, all legal preconditions to the adoption of this Resolution have occurred. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Findinqs. The Planning Commission, in approving the Application hereby makes the following findings as required by Section 17.05.010F and Section 16.09.140 of the Temecula Municipal Code: Tentative Parcel Map (Section 16.09.140) The proposed subdivision and the design and improvements of the subdivision are consistent with the Development Code and General Plan. Each lot will conform to the minimum lot size requirement of the original zoning district, and as permitted by the Planned Development Overlay zone, may have reciprocal access across other parcels created on the same site. Conditions of approval will ensure that a Property Owner's Association maintains the common-use facilities such as parking, sidewalks, and landscaping. The vesting tentative map does not propose to divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 RSVTPMX2002\02-0652 Villages of Temecula~Final Reso and COAs doc I The site is physically suitable for the type and proposed density of development proposed by the tentative map. Based on the adopted Negative Declaration, which was prepared in accordance with the California Environmental Quality Act, it has been determined that the site is physically suitable for the type and density of development being proposed. The design of the subdivision and the proposed improvements, with conditions of approval, are not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The application is consistent with the adopted Initial Study, Mitigated Negative Declaration and Mitigation Monitoring Plan. The design of the proposed land division or the type of improvements is not likely to cause serious public health problems. Appropriate City staff to ensure compliance with all construction and fire codes will inspect all phases of construction· The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible. The project has been conditioned to comply with the Uniform Building Code, which contains requirements for energy conservation. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision, or the design of the alternate easements which are substantially equivalent to those previously acquired by the public will be provided. As conditioned, the project will be required to provide access easements across each lot to provide for parking and on-site circulation. 8. The subdivision is consistent with the City's parkland dedication requirements (Quimby). Section 3. Environmental Compliance. A determination of Consistency exemption for Planning Application No. PA02-0652 (Vesting Tentative Parcel Map) pursuant to Section 15162 of the California Environmental Quality Act; Section 4. Conditions. That the City of Temecula Planning Commission hereby conditionally approves the Application(s) according to the specific conditions set forth on Exhibit A, attached hereto, and incorporated herein by this reference together with any and all necessary conditions that may be deemed necessary. Section 5. PASSED, Planning Commission this 23rd day of April 2003. APPROVED AND ADOPTED by the City of Temecula ATTEST: · .?~~I~*~},S ecret a ry STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 2003-018 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 23rd day of April, 2003, by the following vote of the Commission: AYES: 4 PLANNING COMMISSIONERS: Chiniaeff, Mathewson, OIhasso Telesio NOES: 1 PLANNING COMMISSIONERS: Guerriero ABSENT: 0 PLANNING COMMISSIONERS: ABSTAIN: 0 PLANNING COMMISSIONERS: D~bbie Ubnoske, Secretary R:\VTPMX2002\02-0652 Villages of Temecula~Final Reso and COAs.do¢ 3 EXHIBIT A CONDITIONS OF APPROVAL R:\VTPM~2002~02-0652 Villages of Temecula~inal Reso and COAs.dec 4 EXHIBIT A ClTY OFTEMECULA CONDITIONS OFAPPROVAL Planning Application No. PA02-0652 Project Description: A Vesting Tentative Parcel Map. Development Impact Fee Category: Commercial Residential Attached and Retail Assessor's Parcel No.: 944-290-012, 013,and 014. Approval Date: April 23, 2003 Expiration Date: April 23, 2006 PLANNING DIVISION Within Forty-Eight (48) Hours of the Approval of this Project 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 One thousand three hundred and fourteen dollars ($1314.00) for the County administrative fee, to enable the City to file the Notice of Determination required under Public Resources Code Section 21108(b) and California Code of Regulations Section 15075. 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)]. General Requirements The parcel map shall comply with the State of California Subdivision Map Act and to all the requirements of the City of Temecula's Subdivision Ordinance, unless modified by the conditions listed below. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend with Legal Counsel of the City's own selection, the City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, void, annul, seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. City shall promptly notify the both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable R:\VTPM~2002~02-0652 Villages of Temecula~Final Reso and COAs.doc 5 and shall further cooperate fully in the defense of the action. The City reserves its 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. The project and all subsequent projects within this site shall comply with all mitigation measures contained in the Mitigation Monitoring Program and conditions set forth. PUBLIC WORKS DEPARTMENT The Department of Public Works recommends the following Conditions of Approval for this project. Unless stated otherwise, all conditions shall be completed by the Developer at no cost to any Government Agency. General Requirements 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. 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. 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. All improvement plans, grading plans, landscape and irrigation 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. Prior to Approval of the Parcel Map, unless other timing is indicated, the Developer shall complete the following or have plans submitted and approved, subdivision improvement agreements executed and securities posted: 10. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: f. g. h. San Diego Regional Water Quality Control Board Rancho California Water District Eastern Municipal Water District Riverside County Flood Control and Water Conservation District City of Temecula Fire Prevention Bureau Planning Department Department of Public Works Cable TV Franchise R:\VTPMk2002~02-0652 Villages of Temecula~inal Rcso ~d COAs.dcc 6 11. 12. 13. Community Services District Verizon Southern California Edison Company Southern California Gas Company The Developer shall construct the following public improvements to City of Temecula General Plan standards unless otherwise noted. Plans shall be reviewed and approved by the Department of Public Works: a. Improve Rancho California Road (Arterial Highway Standards - 110' R/W) to include installation of sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer), 14' raised landscaped median, deceleration lane. (i) The Developer shall reimburse the City the cost for the construction of half width of the raised landscape median (yet to be built along Rancho California Road) at a rate not to exceed $50.00 per lineal foot. (ii) The Developer is to reimburse the City for their fair share of the cost of the existing median built by adjoining properties along Rancho California Road. The Developer is responsible for the frontage along their property. b. Install a 200' long deceleration lane on Rancho California Road at the proposed main entrance, as approved by the Department of Public Works. Dedicate an additional 10' of right-of-way for the deceleration lane. c. Provide an easement at the main entrance for the maintenance of traffic signal equipment, loops, and interconnect. d. Design and install a traffic signal and interconnect at the intersection of Rancho California Road and the main entrance. All street improvement design shall provide adequate right-of-way and pavement transitions per Caltrans standards for transition to existing street sections. Unless otherwise approved the following minimum criteria shall be observed in the design of the street improvement plans: Street centerline 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 Standard Nos. 207, 207A and/or 208. Street lights shall be installed along the public streets shall be designed in accordance with City Standard Nos. 800, 801,802 and 803. Concrete sidewalks shall be constructed in accordance with City Standard Nos. 400,401 and 402. All street and driveway centerline intersections shall be at 90 degrees. All concentrated drainage directed towards the public street shall be conveyed through curb outlets per City Standard No. 301,302 and/or 303. R:\VT[ M~2002~2-0652 Villages of TemeculaWinal Reso and COAs.doc 7 14. 15. 16. 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. All utilities shall be designed and constructed in accordance with City Codes and the utility provider. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. Design of street improvements shall extend a minimum of 300 feet beyond the project boundaries to ensure adequate continuity of design with adjoining properties. 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: Street "A" (private street) shall have a minimum paved width of 28-ft within a 50- ft. right-of-way. The driveway at the ma~n entrance shall have a minimum paved width of 76-ft. with a 6' sidewalk on each side. The easterly driveway shall have a minimum paved width of 30-ft. with a 6' sidewalk on each side. The driveway leading to the residential section shall have a minimum paved width of 28-ft. with a 5' sidewalk on one side. Cul-de-sac geometries shall meet current City Standards. 90 degree parking immediately adjacent to the private streets shall be located a minimum safe distance from intersections. Identify whether gates will be proposed at entrances to project. If so, configuration, stacking distance, and turn-around ability will need to be reviewed and approved by the Fire Department and the Department of Public Works. All intersections shall be perpendicular {90 degree). All driveways providing access to two or more buildings shall be designed as a cul-de-sac or a loop road. 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 required by the Department of Public Works. Relinquish and waive right of access to and from Rancho California Road on the Parcel Map with the exception of three (3) openings, as delineated on the approved Tentative Parcel Map. The westerly and easterly driveways shall be restricted to right-in/right-out. The main driveway shall have full turning movements. R:\VTPIVlX2002\02-0652 Villages of Temecula~Final Reso and COAs.doc 8 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 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. 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. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is part of an existing Assessment District must comply with the requirements of said section. Prior to City Council approval of the Parcel Map, the Developer shall make an application for reapportionment of any assessments with appropriate regulatory agency. Any delinquent property taxes shall be paid. An Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the Parcel Map to delineate identified environmental concerns and shall be recorded with the map. A copy of the ECS shall be transmitted to the Planning Department for review and approval. The following information shall be on the ECS: The delineation of the area within the 100-year floodplain. Special Study Zones. Geotechnical hazards identified in the project's geotechnical report. Archeological resources found on the site. The Developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet recorded with any underlying maps related to the subject property. The Developer shall make a good faith effort to acquire the required off-site property interests, and if he or she should fail to do so, the Developer shall, prior to submittal of the Parcel Map for recordation, enter into an agreement to complete the improvements pursuant to the Subdivision Map Act, Section 66462 and Section 66462.5. Such agreement shall provide for payment by the Developer of all costs incurred by the City to acquire the off-site property interests required in connection with the subdivision. Security of a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the Developer, at the Developer's cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provider. Telephone, cable TV, and/or security systems shall be pre-wired in the residence. 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. A bus bay within the property frontage will be provided on Rancho California Road, as determined by the Department of Public Works. R:WTPM~2002\02-0652 Villages of Temecula~mal Reso and COAs.doc 9 27. A minimum 24' easement shall be dedicated for public utilities and emergency vehicle access for all private streets and drives. 28. Private drainage easements for cross-lot drainage shall be required and shall be delineated and noted on the final map. 29. Easements for sidewalks for public uses shall be dedicated to the City where sidewalks meander through private property. 30. An easement for a joint use driveway shall be provided prior to approval of the Parcel Map or issuance of building permits, whichever occurs first. 31. A reciprocal ingress/egress access easement shall be provided for the review and approval by the Department of Public Works. 32. Easements, when required for roadway slopes, landscape easements, drainage facilities, utilities, etc., shall be shown on the final 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 located 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." Prior to Issuance of Grading Permits 33. As deemed necessary by 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 e. Riverside County Health Department f. Community Services District g. Verizon h. Southern California Edison Company i. Southern California Gas Company 34. A Grading Plan shall be prepared by a registered Civil Engineer in accordance with City of Temecula standards and approved by the Department of Public 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. 35. A Soils Report 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. R:\VTPMX2002~02-0652 Villages of TemeculaWinal Reso and COAs.doc 10 36. 37. 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 potential for liquefaction. The report shall include recommendations to mitigate the impact of ground shaking and liquefaction. A Drainage Study shall be prepared by a registered Civil Engineer and submitted to the Department of Public Works with the initial 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 analysis verifying the adequacy of all facilities. Any upgrading or upsizing of drainage facilities necessary to convey the storm water runoff shall be provided as part of development of this project. The basis for analysis and design shall be a storm with a recurrence interval of one hundred years. 38. The Developer must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent (NOI) has been filed or the project is shown to be exempt. 39. 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. 40. A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable 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 Plan fee or mitigation charge has already been credited to this property, no new charge needs to be paid. 41. The Developer shall obtain letters of approval or easements for any off-site work performed on adjoining properties. The letters or easements shall be in a format as directed by the Department of Public Works. Prior to Issuance of Building Permits 42. Parcel Map shall be approved and recorded. 43. A Precise Grading Plan shall be submitted to the Department of Public Works for review and approval. The building pad shall be certified by a registered Civil Engineer for location and elevation, and the Soils Engineer shall issue a Final Soils Report addressing compaction and site conditions. 44. 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 final grading plan shall be in substantial conformance with the approved rough grading plan. R:\VTPM~2002~02-0652 Villages of Temecula~Final Reso and COAs.doc 11 45. 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. Prior to Issuance of Certificates of Occupancy 46. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: Rancho California Water District Eastern Municipal Water District Department of Public Works Southern California Edison 47. 48. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by the Department of Public Works. All improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of Public Works. 49. 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. FIRE DEPARTMENT 51. Any previous existing conditions on this land or project will remain in full force and effect unless superceded by more stringent requirements here. 52. Final fire and life safety conditions will be addressed when the Fire Prevention Bureau reviews building plans. 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. 53. 54. 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-I. 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 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 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 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 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 HI-B) R:\VTPMN2002~02-0652 Villages of TemeculaWinal Reso and COAs.doc 12 55. 56. 57. 58. 59. 60. 61. 62. 63. The Fire Prevention Bureau is required to set a minimum fire flow for commercial land division per CFC Appendix Ill-A, Table A-III-A-1. The developer shall provide for this project, a water system capable of delivering 4000 GPM at 20-PSI residual operating pressure with a 4-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 ~,-A) The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix Ill-B, Table A-III-B-1. Super fire hydrants (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 350 feet apart, at each intersection and shall be located no more than 210 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix H~-B) Maximum cul-de-sac length shall not exceed 1320 feet. Minimum turning radius on any cul-de-sac shall be thirty-seven (37) feet for residential and forty-five (45) feet for commercial. (CFC 902.2.2.3, CFC 902.2.2.4) 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) This will include all internal roads, connecting roads bet~veen phases, and construction gates. All required access must be in and available prior to and during ALL construction. Phasing is approved on a separate map, and is ultimately subject to final approval in the field. 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 lbs. 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 lbs. 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 vertical clearance of not less than thirteen (13) feet six (6) inches. (CFC 902.2.2.1) Prior to building construction, dead end roadways 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 within serving more than 35 homes or any commercial developments shall have two (2) points of access, via all- weather surface roads, as approved by the Fire Prevention Bureau. (CFC 902.2.1) R:\VTPML2002~02-0652 Villages of Teraecula~inal Reso and COAs.doc 13 64. 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 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 local water company signs the plans, 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 individual lot. (CFC 8704.3, 901.2.2.2 and National Fire Protection Association 24 1-4.1) 65. Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective Markers" shall be installed to identify fire hydrant locations. (CFC 901.4.3) 66. Firefighting personnel shall provide all manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access with the Knox Rapid entry system for emergency access. (CFC 902.4) Special Conditions 67. Prior to issuance of building permits, fuel modification plans shall be submitted to the Fire Prevention Bureau for review and approval for all open space areas adjacent to the wildland-vegetation interface. (FC Appendix II-A) 68. Prior to issuance of building permits, plans for structural protection from vegetation fires shall be submitted to the Fire Prevention Bureau for review and approval. The measures shall include, but are not limited to, enclosing eaves, noncombustible barriers (cement or block walls), and fuel modification zones. (CFC Appendix II-A) 69. Prior to map recordation the applicant shall submit to the Fire Prevention Bureau a georectified (pursuant to Riverside County standards) digital version of the map including parcel and street centerline information. The electronic file will be provided in an ESRI Arclnfo/ArcView 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. OUTSIDE AGENCIES 70. The applicant shall comply with all the mitigation measures identified in the attached Mitigation Monitoring Plan. (Environmental Mitigation Measures) 71. The applicant shall comply with all the requirements set forth in the letter from the United States Department of the Interior Fish and Wildlife Services dated May 31, 2000. (Attached letter) 72. The applicant shall comply with all the requirements set forth in the letter from the Pechanga Cultural Resources dated January 10, 2002. (Attached letter) R:\VTPML2002~02-0652 Villages of Temecula~inal Reso and COAs.doc 14 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 conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant's Signature Date Name printed R:\VTPM\2002~02-0652 Villages of Temecula~Final Reso and COAs.doc 15 Mitigation Monitoring Program Project Description: Planning Application PA00-0138 General Plan Amendment Planning Application PA00-0139 Zoning Amendment Planning Application PA00-0152 Tentative Parcel Map Planning Application PA00-0140 Development Plan Location: South of Rancho California Road, east of Cosmic Drive and west of Moraga Road intersection, (APN# 944-290-012, 013, & 014). Applicant: The MJW Property Group, Barton b Buchalter, 7131 Owensmouth Ave, Suite 6-D Canoga Park, CA 91309-7961 ~cal Resources General Impact: Mitigation Measures: Specific Process: Mitigation Milestone: Responsible Monitoring Party: Affect endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals and birds). (1). The project developer shall acquire compensatory mitigation acreage off the project site as discussed with the U.S; Fish and Wildlife Service staff whose preference is for offsite mitigation at 3:1 ratio for costal sage scrub and a 1:1 ratio for undisturbed grassland, with appropriate endowments and protection of resources at the mitigation site. The developer shall provide the City with a copy of the incidental take permit issued for the proposed development prior to grading the project site. Planning staff will verify compliance with the above mitigation measures as part of the grading plan check review process. Prior to the issuance of a grading permit. Department of Public Works and Planning Department Hazards and Hazardous materials General Impact: Create a significant hazard to the public or the environment through routine transportation, use, or disposal or hazardous materials. Mitigation Measures: (2). Pdor to authorization to begin operations by receiving fuel or other hazardous petroleum materials, the developer shall provide the City with the following materials: the Business Plan filed with the Department of Environmental Health that outlines how R:\© P~000\00-0140 Village of Ternecula\Mitigation Monitoring Program.doc Specific Process: Mitigation Milestone: Responsible Monitoring Party: hazardous products will be safely delivered to the site; managed on the site; and removed from the site as hazardous waste, if any. This will include all safe~y measures required to minimize hazards and public health dsks as outlined in the required spill prevention, response and countermeasures plan. All requirements for managing hazardous materials and wastes must conform to local and state public health and safety requirements established by the State Department of Toxic Substances Control. Riverside County and the City of Temecula. Planning staff will verify compliance with the above mitigation measures prior to the issuance of a building permit for uses producing hazardous materials (e.g. gas station). Prior to the issuance of a building permit. Riverside County Fire Department, Building and Safety Department, Public Works Department and Planning Department Cultural Resources General Impact: Mitigation Measures: Specific Process: Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 1506.5 (3). During initial grading and ground disturbance activities, a qualified cultural resources monitor shall be present and shall have the authority to stop and redirect ground disturbance activities to evaluate the significance of any cultural resources exposed. (4). If any cultural resources are exposed during initial grading and ground disturbance activities the City shall be contacted, and a qualified archaeologist shall evaluate the resources. If discovered resources merit long-term consideration, adequate funding shall be provided to collect, curate and report these resources in accordance with standard archaeological management requirements. (5). If any human remains are encountered during initial grading activities, all ground disturbing activities in the vicinity of the discovery shall be terminated immediately and the County Coroner's office shall be contacted to manage such remains. Planning staff will verify compliance with the above mitigation measures as part of the grading and building plan check review process. R:\D P~2000\00-O 140 Village of Temecula\Mitigation Monitoring Program.doc 2 Mitigation Milestone: Responsible Monitoring Party Prior to the issuance of a building permit. Department of Public Works and Planning Department Cultural Resources (cont.) General Impact: Mitigation Measures: Specific Process: Mitigation Milestone: Responsible Monitoring Party Directly or indirectly destroy a unique paleotological resource or site or unique geological feature. (6). During excavation and hill-side cutting activities, a qualified paleontological monitor shall be present and shall have the authority to stop and redirect grading activities to evaluate the significance of any paleontological resources exposed during the grading activity within the alignment. If paleontological resources are encountered, adequate funding shall be provided to collect, curate and report on these resources to ensure that the values inherent in the resources are adequately characterized and preserved. Planning staff will verify compliance with the above mitigation measures as part of the grading plan check review process, Prior to the issuance of a grading permit. Department of Public Works and Planning Department General Impact: Mitigation Measures: Disturb any human remains, including those interred outside of formal cemeteries. (7). ff any human remains are encountered during initial grading activities, all ground disturbing activities in the vicinity of the discovery shall be terminated immediately and the County Coroner's office shall be contacted to manage such remains. Specific Process: Mitigation Milestone: Responsible Monitoring Party Planning staff will verify compliance with the above mitigation measures as part of the grading and building plan check review process. During any ground disturbance and prior to the issuance of a building permit. Department of Public Works and Planning Department R:VD P~2000\00-0140 Village of Temecula~vlitigation Monitoring Program.doc 3 United States Department of the Interior Fish and Wildlife Service Ecological Services Carlsbad Fish and Wildlife Office 2730 Loker Avenue West Carlsbad, Califorma 92008 lA'AY 3 1 2000 Carole Donahoe Case Planner City of Te~necula Planning Department P.O Box 9033 Temecula, California 92589-9033 Re: Planning Application PA00-0149, City of Temecula, Riverside County, California Dear Ms. Donahoe: We have reviewed Planmng Application PA00-0149, Village of Temecula Apartments, Riverside County, California. We offer the following comments and recommendations on the biological resources that could be affected by the proposed project based on our knowledge of sensitive and declining species and habitat types in Riverside County. We are concerned about "take" of federally listed species protected under the Endangered Species Act of 1973 (Act), as amended. Section 9 of the Act prohibits the take of any federally listed endangered species by any person subject to the jurisdiction of the United States. Take includes "harass" and "harm", as defined by section 3 of the Act. Harass in the definition of take means "an intentional or negligent act or omission wtfich creates the likelihood of injury to wildlife by annoying it to such an extent as to significantly disrupt normal behavioral patterns which include, but are not limited to, breeding, feeding, or sheltering." Harm in the definition of take m the Act means "an act which actually kills or injures wildlife. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering." (see 50 CFR§ 17 3) Take incidental to an otherwise lawfu! activity may be authorized under sections 7 or 10 of the Act. The proposed project is to construct a 160-unit, two-story apartment complex with clubhouse and pool The project site is located on the south side of Rancho California Road, west of Cosmic Drive in Riverside County. This area is known to support occupied habitat for the federally threatened coastal California gnatcatcher (Polioptila californica californica, gnatcatcher), endangered Quino checkerspot butterfly (Eul~hydryas editha qumo), and the endangered Stephens' kangaroo rat (Dipodomys stephensi, SKR). Populations of these species have been documented in the Rancho California area. If habitat, such as remnant coastal sage scrub, clay soils, or grasslands, occurs on the proposed project site, then the site may support listed species. Therefore, we reco~nmend that focused su~weys occur within suitable habitat on site prior to any Carole Donahoe 2 ground disturb, ing acti¥ities: lfthese ',yi[d_!ife spe_gje_s _o. ccupy ~h~.project s~i_te, incidental take authorization likely will be required before the proposed project can proceed. The proposed project occurs within the boundary of the Stephens' kangaroo rat Habitat Conservation Plan. Compliance with the regional incidental take permit will be required prior to any ground disturbing activities. If wetlands are affected by the proposed project, an U.S. Army Corps of Engineers section 404 permit and/or California Department offish and Game 1600 permit may be required. We recommend that impacts to coastal sage scrub or any other sensitive resource be considered cumulatively significant and mitigated prior to any ground disturbing activities. We appreciate the opportunity to review and comment on the proposed project. If you have any questions or comments please contact Ruth Olsen of my staff at (760) 431-9440. Sincerely, q~Jim A. Bartel Assistant Field Supervisor 1-6~00-NFTA-339 cc: Glenn Black (CDFG, Chino) PECHANGA CULTURAL RESOURCES Temecula Band of Luise~o Mission Indians .... I~t Office Box 2183 · Temecula, CA 92593 ;Telephone (909) 308-9295 · Fax (909) 506-9491 Chairperson: Germaine Axenas Committee Members: Mary Magee Aurelia Marruffo Erie Gerber Darlene Sotolo Nadine A. Murphy Raymond Basquez JAN 1 4 2002 January 10, 2002 Coordinator. Benjamin Masiel Monitor Supervisor: Manuel Masiel City of Temecula Planning Department do Rolfe Preisendanz, Assistant Planner P.O. Box 9033 Temecula, CA 92589-9033 Re: Notice of Intent to File a Mitigated Negative Declaration for PA00-0138 General Plan Amendment; PA00-0139 Zoning Amendment; PA00-0152 Tentative Parcel Map; PA00-0140 Development Plan Cultural Analyst: John A. Gomez, Jr, Director: Gary DuBols Dear Mr. Preisendanz: The Pechanga Band of Luisefio Mission Indians ( Pechanga Band ) is a federally recognized Indian Tribe whose reservation is located in Riverside County. The Pechanga Indian Reservation is the closest Luisefio reservation to the proposed project site, and the Pechanga People have lived in the Temecula Valley for thousands of years. The Pechanga Band submits the following comments to the Notice of Intent to File a Mitigated Negative Declaration for PA00-0138 General' Plan Amendment; PA00-0139 Zoning Amendment; PA00-0152 Tentative Parcel Map; PA00-0140 Development Plan (hereinafter "the Project"). PROJECT GENERALLY_ The Pechanga Band is not opposed to the project as proposed. The Pechanga Band's pri~na~ concerns stem from the project's likely impacts on Native American cultural resources. The Pechanga Band is concerned about both the protection of unique and irreplaceable cultural resources, such as Luisefio village sites and archaeological items which would be displaced by ground disturbing work on the project, and on the proper and lawfifl treatment of cultural items, Native American human remains and sacred items likely to be discovered in the course of the work. REQUESTED INVOLVEMENT OF THE PECHANGA BAND Cfiven that Native American cultural resources will potentially be affected by the Project, the Pechanga Band requests it is allowed to participate with the Planning Commission and developer in developing all monitoring and mitigation plans for the Sacred ls The Duty Trusted Unto Our Care And With Honor We Rise To The Need duration of the Project. California Public Resources code §§ 21002, 21003.1, 21080 and 21081. (See also, Executive Memorandum of April 29, 1994 on Government-to- Government Relations with Native American Tribal Governments and Executive Order of November 6, 2000 on Consultation and Coordination with Indian Tribal Governments). In addition, given the potential for archaeological resources within the Project area, it is the position of the Pechanga Band that Pechanga tribal monitors should be required to be present during the development of the Project. Further, 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" (MLD), who shall be consulted as to the appropriate disposition of the remains. Given the project's location in Pechanga territory, the Pechanga Band intends to assert its right pursuant to California law with regard to any remains or items discovered in the course of this project. Accordingly, the Band further requests that the Planning Commission and developer work with them to draft an agreement which would address any inadvertent discoveries of cultural resources, including Native American human remains. It is important that the Mitigation Measures and Conditions of Approval for the Project adequately address the potential for discovery of cultural resources pursuant to the California Environmental Quality Act and its Guidelines. Calif. Pub. Res. Code § 21000 et seq. and CEQA Guidelines § 15000 et seq. (See e.g., CEQA Guidelines § 15126.4(b)(3) (agencies should avoid effects on historical resources of archaeological nature), and CEQA Guidelines § 15020 (lead agency responsible for adequacy of environmental documents). PROPOSED MITIGATION MEASURES AND CONDITION OF APPROVAL As currently drafted, the Mitigation Measures do not adequately address the potential for discovery of cultural resources at the Project site. CEQA Guidelines §§ 15064.5, 15126.4 and 15151. Therefore, to fully address these concerns and assure the Project's compliance with the CEQA, the Pechanga Band proposes the following Condition of Approval be added to the existing Mitigation Measures set forth at 14.a - 14.d of the Mitigation Monitoring Program: Condition of Approval The Developer shall enter into an Agreement with the Pechanga Band that will address the appropriate treatment and disposition of any cultural resources, and/or human remains, in accordance with existing State and Federal law, found during excavation. The Agreement shall also address the terms of cultural resources monitoring. Pechanga Cultural Resources · Temecula Band of Luiseho Mission Indians Post Office Box 2183 · Te~necula, CA 92592 Sacred Is The Duty Tr.sted Unto Our Care And With Itotlor We Rixe To The Need The Pechanga Band requests that the Planning Commission and the City continue to work with the Pechanga Band as a partner, on a government-to-government basis, for the length of the project. The Pechanga Band acknowledges its ongoing relationship with the City of Temecula and believes that maintaining this relationship is the most effective way to guarantee the protection of our cultural resources and heritage. The Pechanga Band appreciates the opportunity to provide commems on this Notice of Intent to File a Mitigated Negative Declaration and looks forward to working together with the City, the developer, and other interested agencies in protecting the invaluable Luiseho cultural resources found in the Temecula Valley. If you wish to discuss this issue further, please feel fi'ee to contact me at the Pechanga Cultural Resources Department. Sincerely, John A. Gomez, ,Ir. Analyst Pechanga Cultural Resources · Temecula Band of Luiseho Mission Indians Post Office Box 2183 · Temecula, CA 92592 Sacred Is The Duty Trttsted Unto Ottr Care And With I]tmor We Rise To The Need