HomeMy WebLinkAbout2024-13 PC ResolutionPC RESOLUTION NO.2024-13
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA14-0087, TENTATIVE TRACT MAP
(TTM 36483) FOR THE CREATION OF 164 SINGLE
FAMILY RESIDENTIAL LOTS AND NINE (9) OPEN SPACE
LOTS ON 42.64 ACRES FOR PLANNING AREA 4 WITHIN
THE PALOMA DEL SOL SPECIFIC PLAN AND MAKING A
FINDING OF EXEMPTION FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT UNDER PUBLIC
RESOURCES CODE SECTION 21166 AND GOVERNMENT
CODE SECTION 65457 (APNS: 959-400-001, 002)
Section 1. Procedural Findings. The Planning Commission of the City of Temecula
does hereby find, determine and declare that:
A. On April 21, 2014, the applicant filed Planning Application No. PA14-0087, a
Tentative Tract Map, in a manner in accord with the City of Temecula General Plan and
Development Code.
B. The Project was 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 the Project and
environmental review on June 19, 2024, 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.
D. At the conclusion of the Planning Commission hearing and after due consideration
of the testimony, the Planning Commission approved Planning Application No. PA14-0087,
subject to and based upon the findings set forth hereunder.
E. All legal preconditions to the adoption of the Resolution have occurred.
Section 2. Further Findings. The Planning Commission, in approving the Application
hereby finds, determines and declares that:
Tentative Tract Map (Development Code Section 16.09.140):
A. The proposed subdivision and the design and improvements of the subdivision are
consistent with the Development Code, General Plan and City of Temecula Municipal Code.
Tentative Parcel Map No. 36483 has been designed in a manner that is consistent with and
meets all development and design standards of the General Plan, the Subdivision
Ordinance, the Development Code, the Municipal Code, and the Paloma Del Sol Specific
Plan. The property associated with Tentative Parcel Map No. 36483 is identified within
the City of Temecula Housing Element Vacant Lands Inventory for residential
development.
B. The 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.
The subject parcel does not propose to divide land which is subject to a contract entered
into pursuant to the California Land Conservation Act of 1965. The subject property has
not been designated for conservation or agricultural land, and is not subject to the
California Land Conservation Act of 1965.
C. The site is physically suitable for the type and proposed density of development
proposed by the Tentative Map.
The site is physically suitable for the type and proposed density of development proposed
by the Tentative Map. The proposed Tentative Map is in accordance with what is allowed
by the previously approved Paloma Del Sol Specific Plan. Specifically, Planning Area 4
allows for a maximum of 188 residential lots with a minimum lot size of 5, 000 square feet
and allowable density of 2.0-5.0 dwelling units per acre. The Tentative Map proposes 164
residential lots with an average lot size of 5,903 square feet and a minimum lot size of
5, 000 square feet and 3.85 dwelling units per acre. The Tentative Map also includes nine
(9) non-residential lots for open space. As such, the site is suitable for this development
proposed.
D. The design of the subdivision and the proposed improvements, with Conditions of
Approval are either:
1. Not likely to cause significant environmental damage or substantially and avoidably
injure fish or wildlife or their habitat, or
2. An environmental impact report has been prepared and a finding has been made,
pursuant to Public Resources Code Section 21081(a)(3), finding that specific economic, social, or
other considerations make infeasible mitigation measures or project alternatives identified in the
environmental impact report.
The project consists of a Tentative Tract Map on vacant property. An Environmental
Impact Report and subsequent Addenda to the EIR have been previously prepared for the
project. The project is conditioned to comply with all mitigation measures identified within
EIR No. SCH# 8707003. A Joint Projects Review #15-06-16-01 was completed for this
project which determined that the project is consistent with both the criteria and other plan
requirements of the Multiple Species Habitat Conservation Plan and does not require for
any acreage to be designated for conservation. Therefore, the design of the subdivision
and the proposed improvements, with Conditions of Approval, will not likely cause
significant environmental damage or substantially and avoidably injure fish or wildlife or
their habitat.
E. The design of the subdivision and the type of improvements are not likely to cause
serious public health problems.
The design of the subdivision and the type of improvements are not likely to cause serious
public health problems because the proposed development is consistent with all applicable
building, development and fire codes, which include provisions to safeguard public health,
and will be further reviewed and inspected by City stafffor compliance with all applicable
building, development and fire codes prior to issuance of any grading, building, or
occupancy permits.
F. The design of the subdivision provides for future passive or natural heating or
cooling opportunities in the subdivision to the extent feasible.
The project consists ofa Tentative Parcel Map on vacantproperty. Anyfuture development
on the project site will be in accordance with the requirements of the California Building
Code in effect at that time as it relates to heating and cooling.
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, or the design of the alternate easements which are substantially equivalent to those
previously acquired by the public will be provided.
All required rights -of -way and easements have been provided on the Tentative Map. The
City has reviewed these easements and has found no potential conflicts.
H. The subdivision is consistent with the City's parkland dedication requirements
(Quimby).
The Quimby obligation for the proposed project was previously satisfied by the master
developer of Paseo Del Sol.
Section 3. Environmental Findings. The Planning Commission hereby makes the
following environmental findings and determinations in connection with the approval of the
Tentative Tract Map Application:
A. The Planning Commission has reviewed and considered the substantial evidence in
the record as a whole and, in its independent judgment, hereby determines that no further or
subsequent environmental review is required and the Project is exempt from further environmental
review (Public Resources Code Section 21166, Government Code Section 65457). The Planning
Commission's determination is based on the substantial evidence in the record and the following
findings, determinations, and conclusions:
The Paloma Del Sol Specific Plan was formally adopted in 1988. An Environmental Impact Report
(EIR) was prepared and certified on September 6, 1988 as part of this effort. Since that time, four
Addenda to the EIR have been prepared for the project area with the most recent adopted on
January 8, 2002. The proposed project (Project) has been determined to be consistent with the
previously adopted Paloma Del Sol Addendum and no further environmental review is required
(Public Resources Code Section 21166 and Government Code Section 65457). Staff has reviewed
the EIR, the First Addendum to the EIR adopted December 8, 1992, the Second Addendum to the
EIR adopted on March 17, 1999, the Third Addendum to the EIR adopted on September 9, 1999,
and the Fourth Addendum to the EIR adopted on January 8, 2002 (collectively, EIR and Addenda).
In addition, staff has reviewed the Consistency Evaluation Pursuant to Public Resources Code
Section 21166, prepared by Psomas and dated August 26, 2020, and the Memorandum re
Revalidation of the Consistency Evaluation for Paseo Del Sol Residential Development, also
prepared by Psomas and dated September 14, 2023. Based on this substantial evidence, staff has
determined that the proposed Project does not require the preparation of a subsequent or
supplemental EIR as none of the conditions described in Public Resources Code Section 21166
exist. Specifically as it relates to Section 21166, Tentative Tract Map 36483 and associated
Project improvements do not represent a substantial change from the Paloma del Sol Specific Plan
evaluated in the certified EIR and Addenda and is within the scope of the potential development
contemplated by that Plan; there are no substantial changes with respect to the circumstances
under which the Project is undertaken that would result in new significant or substantially more
severe impacts; and there is no new information of substantial importance, which was not known
and could not have been known at the time of the certified EIR. The Project would not have any
new or substantially more severe impacts than what was evaluated in the EIR and Addenda, and
there are no mitigation measures or alternatives that would reduce significant impacts and were
previously found not to be feasible but which are now feasible. Therefore, based on this
evaluation, none of the conditions in Section 21166 of the Public Resources Code apply and no
subsequent or supplemental EIR is required. In addition, the Project is exempt as it is a residential
development project undertaken to implement a specific plan for which an EIR previously was
prepared per Government Code Section 65457. The application for a Tentative Tract Map to
construct 164 single family residential lots and nine (9) open space lots is consistent with the
project that was analyzed by the EIR and Addenda. The proposed Project is required to meet all
requirements and mitigation contained in EIR and Addenda.
Section 4. Conditions. The Planning Commission of the City of Temecula approves
Planning Application No. PA14-0087, a Tentative Parcel Map (No. 38349) for the creation of 164
single family residential lots and nine (9) open space lots for Planning Area 4 within Paloma Del
Sol Specific Plan, and makes a finding of exemption under the Public Resources and Government
Codes subject to the Final Conditions of Approval set forth on Exhibit A, Plan Reductions set forth
in Exhibit B, Consistency Evaluation set forth in Exhibit C, and Consistency Evaluation
Revalidation set forth in Exhibit D, attached hereto, and incorporated herein by this reference.
PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission
this 19th day of June, 2024.
--04
Bob Hagel, Chair
ATTEST:
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Matt Peters
Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )SS
CITY OF TEMECULA )
I, Matt Peters, Secretary of the Temecula Planning Commission, do hereby certify that the
forgoing PC Resolution No. 2024-13 was duly and regularly adopted by the Planning Commission of
the City of Temecula at a regular meeting thereof held on the 19th day of June, 2024, by the following
vote:
AYES: 5 PLANNING COMMISSIONERS: Hagel, Ruiz, Solis, Turley-Trejo, Watts
NOES: 0 PLANNING COMMISSIONERS: None
ABSTAIN: 0 PLANNING COMMISSIONERS: None
ABSENT: 0 PLANNING COMMISSIONERS: None
U)y � k'
Matt Peters
Secretary
EXHIBIT A
CITY OF TEMECULA
FINAL CONDITIONS OF APPROVAL
Planning Application No.: PA14-0087
Project Description: A Tentative Tract Map (TTM 36483) for the creation of 164 single family
residential lots and nine (9) open space lots on 42.64 acres located at the
northwest corner of Temecula Parkway and Butterfield Stage Road (APNs:
959-400-001 / 959-400-002)
Assessor's Parcel No.: 959-400-001
959-400-002
MSHCP Category: Less than 8.0 dwelling units
DIF Category: Residential -Detached
TUMF Category: Residential -Single Family
Quimby Category: N/A (Exempt per Development Agreement Section 12.11)
New Street In -lieu of Fee: N/A (Project Not Located in the Uptown Specific Plan Area)
Approval Date: June 19, 2024
Expiration Date: June 19, 2027
PLANNING DIVISION
Within 48 Hours of the Approval
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Applicant Filing Notice of Exemption. APPLICANTACTION REQUIRED:
The applicant/developer is responsible for filing the Notice of Exemption as required under
Public Resources Code Section 21152 and California Code of Regulations Section 15062
within 48 hours of the project approval. If within said 48-hour period the applicant/ developer
has not filed the Notice of Exemption as required above, the approval for the project granted
shall be void due to failure of this condition. Failure to submit the Notice of Exemption will
result in an extended period of time for legal challenges.
FEES:
Fees for the Notice of Exemption include the Fifty Dollar County ($50.00) administrative fee.
The County of Riverside charges additional fees for credit card transactions.
FILING:
The City shall provide the applicant with a Notice of Exemption within 24 hours of approval via
email. If the applicant/developer has not received the Notice of Exemption within 24 hours of
approval, they shall contact the case Planner immediately. All CEQA documents must be filed
online with the Riverside County Assessor — County Clerk- Recorder. A direct link to the CEQA
filings page is available at TemeculaCA.gov/CEQA.
COPY OF FILINGS:
The applicant shall provide the City with a digital copy of the required filings within 48 hours.
General Requirements
2. Indemnification of the City. Indemnity, Duty to Defend and Obligation to Pay Judgments and
Defense Costs, Including Attorneys' Fees, Incurred by the City. The Applicant shall defend,
indemnify, and hold harmless the City, its elected officials, officers, employees, volunteers,
agents, and those City agents serving as independent contractors in the role of City officials
(collectively "Indemnitees") from and against any claims, damages, actions, causes of actions,
lawsuits, suits, proceedings, losses, judgments, costs, and expenses (including, without
limitation, attorneys' fees or court costs) in any manner arising out of or incident to the
Planning Commission's actions, this approval and the City Council's actions, related
entitlements, or the City's environmental review thereof. The Applicant shall pay and satisfy
any judgment, award or decree that may be rendered against City or the other Indemnitees in
any such suit, action, or other legal proceeding. The City shall promptly notify the Applicant of
any claim, action, or proceeding and the City shall reasonably cooperate in the defense. If the
City fails to promptly notify the Applicant of any claim, action, or proceeding, or if the City fails
to reasonably cooperate in the defense, the Applicant shall not thereafter be responsible to
defend, indemnify, or hold harmless the City or the Indemnitees. The City shall have the right
to select counsel of its choice. The Applicant shall reimburse the City, and the other
Indemnitees, for any and all legal expenses and costs incurred by each of them in connection
therewith or in enforcing the indemnity herein provided. Nothing in this condition shall be
construed to require the Applicant to indemnify Indemnitees for any claim arising from the sole
negligence or willful misconduct of the Indemnitees. In the event such a legal action is filed
challenging the City's determinations herein or the issuance of the approval, the City shall
estimate its expenses for the litigation. The Applicant shall deposit said amount with the City
or, at the discretion of the City, enter into an agreement with the City to pay such expenses as
they become due.
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Expiration. This approval shall be used within three (3) years of the approval date; otherwise,
it shall become null and void. Use means 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 substantial utilization contemplated by this
approval, or use of a property in conformance with a Conditional Use Permit.
A modification made to an approved Tentative Map does not affect the original approval date
of a Tentative Map.
4. Time Extension. The Director of Community Development may, upon an application being
filed prior to expiration, and for good cause, grant a time extension of up to five (5) extensions
of time, one (1) year at a time.
A modification made to an approved Tentative Map does not affect the original approval date
of a Tentative Map.
5. Consistency with Specific Plans. This project and all subsequent projects within this site shall
be consistent with Paloma Del Sol Specific Plan (SP #4).
6. Compliance with EIR. The project and all subsequent projects within this site shall comply
with all mitigation measures identified within EIR No. 235 (SCH# 8707003).
7. Conformance with Approved Plans. The development of the premises shall substantially
conform to the approved site plan and elevations contained on file with the Planning Division.
8. Burrowing Owl Study Submittal. A Burrowing Owl Study shall be submitted prior to plan check
approval for the grading permit. If construction is delayed or suspended for more than 30 days
after the survey, the area shall be resurveyed.
9. Modifications or Revisions. The permittee shall obtain City approval for any modifications or
revisions to the approval of this project.
10. Public Art Ordinance. The applicant shall comply with the requirements of the City's Public Art
Ordinance as defined in Section 5.08 of the Temecula Municipal Code.
11. Property Maintenance. All parkways, including within the right-of-way, entryway median,
landscaping, walls, fencing, recreational facilities, and on -site lighting shall be maintained by
the property owner or maintenance association.
12. Class II Bicycle Lanes. Class II bicycle lanes, as specified in the City of Temecula Multi -Use
Trails and Bikeways Master Plan, shall be identified on the street improvement plans, and
constructed in concurrence with the street improvements.
13. Compliance with RCA/Riverside County Transportation Commission. The applicant shall
comply with the conditions set forth in the Regional Conservation Authority's Joint Project
Review letter (JPR#15-06-16-01) originally dated April 25, 2016 and updated April 6, 2018, a
copy of which is attached.
This includes the requirement to submit a copy of the final Habitat Management and
Monitoring Plan (HMMP) to the RCA/RCTC that must include all mitigation implementation
details including future activities that could potentially negate the conservation value such as
vector control and weed abatement. The HMMP must include success criteria including
timelines of when success is anticipated.
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14. Private Recreation Center. A Development Plan application for a private recreation center
shall be submitted concurrently with the Home Product Review application for the project.
The recreation center shall include, but not limited to, an appropriately sized pool and spa,
clubhouse, seating areas, and other active and passive amenities.
Prior to Issuance of Grading Permit
15. Archaeological/Cultural Resources Grading Note. The following shall be included in the Notes
Section of the Grading Plan: "If at any time during excavation/construction of the site,
archaeological/cultural resources, or any artifacts or other objects which reasonably appears
to be evidence of cultural or archaeological resource are discovered, the property owner shall
immediately advise the City of such and the City shall cause all further excavation or other
disturbance of the affected area to immediately cease. The Director of Community
Development at their sole discretion may require the property owner to deposit a sum of
money it deems reasonably necessary to allow the City to consult and/or authorize an
independent, fully qualified specialist to inspect the site at no cost to the City, in order to
assess the significance of the find. Upon determining that the discovery is not an
archaeological/ cultural resource, the Director of Community Development shall notify the
property owner of such determination and shall authorize the resumption of work. Upon
determining that the discovery is an archaeological/cultural resource, the Director of
Community Development shall notify the property owner that no further excavation or
development may take place until a mitigation plan or other corrective measures have been
approved by the Director of Community Development."
16. Cultural Resources Treatment Agreement. The developer is required to enter into a Cultural
Resources Treatment Agreement with the Pechanga Tribe. The agreement shall be in place
prior to issuance of a grading permit. To accomplish this, the applicant should contact the
Pechanga Tribe no less than 30 days and no more than 60 days prior to issuance of a grading
permit. This Agreement will address the treatment and disposition of cultural resources, the
designation, responsibilities, and participation of professional Pechanga Tribal monitors during
grading, excavation and ground disturbing activities; project grading and development
scheduling; terms of compensation for the monitors; and treatment and final disposition of any
cultural resources, sacred sites, and human remains discovered onsite. The Pechanga
monitor's authority to stop and redirect grading will be exercised in consultation with the
project archaeologist in order to evaluate the significance of any potential resources
discovered on the property. Pechanga and archaeological monitors shall be allowed to
monitor all grading, excavation and groundbreaking activities, and shall also have the limited
authority to stop and redirect grading activities should an inadvertent cultural resource be
identified.
17. Discovery of Cultural Resources. The following shall be included in the Notes Section of the
Grading Plan: "If cultural resources are discovered during the project construction (inadvertent
discoveries), all work in the area of the find shall cease, and the qualified archaeologist and
the Pechanga monitor shall investigate the find, and make recommendations as to treatment."
18. Archaeological Monitoring Notes. The following shall be included in the Notes Section of the
Grading Plan: "A qualified archaeological monitor will be present and will have the authority to
stop and redirect grading activities, in consultation with the Pechanga Tribe and their
designated monitors, to evaluate the significance of any archaeological resources discovered
on the property."
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19. Tribal Monitoring Notes. The following shall be included in the Notes Section of the Grading
Plan: "A Pechanga Tribal monitor will be present and will have the authority to stop and
redirect grading activities, in consultation with the project archaeologist and their designated
monitors, to evaluate the significance of any potential resources discovered on the property."
20. Relinquishment of Cultural Resources. The following shall be included in the Notes Section of
the Grading Plan: "The landowner agrees to relinquish ownership of all cultural resources,
including all archaeological artifacts that are found on the project area, to the Pechanga Tribe
for proper treatment and disposition."
21. Preservation of Sacred Sites. The following shall be included in the Notes Section of the
Grading Plan: "All sacred sites are to be avoided and preserved."
22. Burrowing Owl Grading. The following shall be included in the Notes Section of the
Grading Plan: "No grubbing/clearing of the site shall occur prior to scheduling the pre -grading
meeting with Public Works. All project sites containing suitable habitat for burrowing owls,
whether owls were found or not, require a 30-day preconstruction survey that shall be
conducted within 30 days prior to ground disturbance to avoid direct take of burrowing owls. If
the results of the survey indicate that no burrowing owls are present on -site, then the project
may move forward with grading, upon Planning Division approval. If burrowing owls are found
to be present or nesting on -site during the preconstruction survey, then the following
recommendations must be adhered to: Exclusion and relocation activities may not occur
during the breeding season, which is defined as March 1 through August 31, with the following
exception: From March 1 through March 15 and from August 1 through August 31 exclusion
and relocation activities may take place if it is proven to the City and appropriate regulatory
agencies (if any) that egg laying or chick rearing is not taking place. This determination must
be made by a qualified biologist." If construction is delayed or suspended for more than 30
days after the survey, the area shall be resurveyed.
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23. Cultural Resources Discoveries. In the event that Native American cultural resources are
discovered during the course of grading (inadvertent discoveries), the following procedures
shall be carried out for final disposition of the discoveries:
a) One or more of the following treatments, in order of preference, shall be employed with the
Pechanga Band of Luiseno Indians. Evidence of such shall be provided to the City of
Temecula Planning Department:
i) Preservation -In -Place of the cultural resources, if feasible. Preservation in place means
avoiding the resources, leaving them in the place where they were found with no development
affecting the integrity of the resources.
ii) Reburial of the resources on the project property. The measures for reburial shall
include, at a minimum measures and provisions to protect the future reburial area from any
future impacts in perpetuity. Reburial shall not occur until all legally required cataloging and
basic recordation have been completed, with an exception that sacred items, grave goods,
Native American human remains and any items deemed sensitive by the Pechanga Band of
Luiseno Indians are excluded. The reburial process shall be culturally appropriate. Listing of
contents and location of the reburial shall be included in a confidential Phase IV monitoring
report. The Phase IV monitoring report shall be filed with the City under a confidential cover
and not subject to disclosure under the California Public Records Act.
If preservation in place or reburial is not feasible then the resources shall be curated in a
culturally appropriate manner at a Riverside County curation facility that meets State
Resources Department Office of Historic Preservation Guidelines for the Curation of
Archaeological Resources ensuring access and use pursuant to the Guidelines. The collection
and associated records shall be transferred, including title, and are to be accompanied by
payment of the fees necessary for permanent curation. Evidence of curation in the form of a
letter from the curation facility stating that subject archaeological materials have been
received and that all fees have been paid, shall be provided by the landowner to the City, the
Developer and the consulting Tribes. There shall be no destructive or invasive testing on
sacred items, burial goods and Native American human remains. Results concerning finds of
any inadvertent discoveries shall be included in the Phase IV monitoring report
iii) The landowner agrees to relinquish ownership of tribal cultural resources, including
sacred items and grave goods, to the Pechanga Band of Luiseno Indians.
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24. Discovery of Archaeological Materials. In the event of the unanticipated discovery of
archaeological materials, the contractor shall immediately cease all work activities in the area
(within approximately 100 feet) of the discovery until it can be evaluated by a Qualified
Archaeologist meeting the Secretary of the Interior's Professional Qualifications Standards for
archaeology (codified in 36 CFR Part 61; 48 FR 44738-44739. The Applicant shall
immediately notify the City of any discoveries and implement protective measures (such as
cordoning off the area). Construction in the vicinity of the find shall not resume until authorized
by the City.
If it is determined that the discovered archaeological resource constitutes a historical resource
or unique archaeological resource pursuant to CEQA, avoidance and preservation in place
shall be the preferred manner of mitigation. Preservation in place maintains the important
relationship between artifacts and their archaeological context and also serves to avoid
conflict with traditional and religious values of groups who may ascribe meaning to the
resource. Preservation in place may be accomplished by, but is not limited to, avoidance,
incorporating the resource into open space, capping, or deeding the site into a permanent
conservation easement. In the event that preservation in place is determined to be infeasible
and data recovery through excavation is the only feasible mitigation available, an
Archaeological Resources Research Design and Treatment Plan shall be prepared and
implemented by the Qualified Archaeologist in consultation with the City that provides for the
adequate recovery of the scientifically consequential information contained in the
archaeological resource. For discoveries of Native American cultural resources, the City shall
follow the provisions of Cultural Resources Discoveries Condition of Approval and consult with
the Pechanga Band of Luiseno Indians in determining treatment for the resource to ensure
cultural values ascribed to the resource, beyond those that are scientifically important, are
considered.
25. Archaeologist Retained. The Applicant shall retain a Riverside County qualified/City of
Temecula approved archaeological monitor to monitor all ground -disturbing activities in an
effort to identify any unknown archaeological resources. Any newly discovered cultural
resource deposits shall be subject to a cultural resources evaluation. The archaeological
monitor's authority to stop and redirect grading will be exercised in consultation with the
Pechanga Tribe in order to evaluate the significance of any potential resources discovered on
the property. Archaeological monitors shall be allowed to monitor all grading, excavation, and
groundbreaking activities, and shall also have the limited authority to stop and redirect grading
activities should an inadvertent cultural resource be identified. The archaeologist shall provide
a Phase IV monitoring report at the end of all earthmoving activities to the City of Temecula,
the Pechanga Tribe and the Eastern Information Center at UC, Riverside.
26. Human Remains. If human remains are encountered, California Health and Safety Code
Section 7050.5 states that no further disturbance shall occur until the Riverside County
Coroner has made the necessary findings as to origin. Further, pursuant to California Public
Resources Code Section 5097.98(b) remains shall be left in place and free from disturbance
until a final decision as to the treatment and disposition has been made. If the Riverside
County Coroner determines the remains to be Native American, the Native American Heritage
Commission must be contacted within 24 hours. The Native American Heritage Commission
must then immediately identify the "most likely descendant(s)" of receiving notification of the
discovery. The most likely descendant(s) shall then make recommendations within 48 hours,
and engage in consultations concerning the treatment of the remains as provided in Public
Resources Code 5097.98 and the Treatment Agreement described in these conditions.
Prior to Issuance of Building Permit
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27. Transportation Uniform Mitigation Fee (TUMF). The Western Riverside County of
Governments administers and collects the Transportation Uniform Mitigation Fee (TUMF). The
City of Temecula adopted an ordinance on March 31, 2003 for a Riverside County area wide
Transportation Uniform Mitigation Fee (TUMF). This project is subject to payment of these
fees at the time of building permit issuance (paid to WRCOG). The fees are subject to the
provisions of Chapter 15.08 of the Temecula Municipal Code and the fee schedule in effect at
the time of building permit issuance. Additional information on payment, fees, and points of
contact can be found at http://www.wrcog.cog.ca.us/174/TUMF
28. Development Impact Fee (DIF). The developer shall comply with the provisions of Title 15,
Chapter 15.06 of the Temecula Municipal Code and all its resolutions by paying the
appropriate City fee.
29. Precise Grading Plans. Precise Grading Plans shall be consistent with the approved
conceptual grading plans including all structural setback measurements.
Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit
30. TCSD Service Levels. It shall be the developer's responsibility to provide written disclosure of
the existence of the Temecula Community Service District (TCSD) and its service level rates
and charges to all prospective purchasers.
31. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with
prior to occupancy, or any use allowed by this permit.
Prior to Recordation of the Final Map
32. Final Map. A copy of the Final Map shall be submitted to, and approved by, the Planning
Division.
33. Environmental Constraint Sheet. A copy of the Environmental Constraint Sheet (ECS) shall
be submitted to, and approved by, the Planning Division with the following notes:
a. This property is located within 30 miles of Mount Palomar Observatory. All proposed
outdoor lighting systems shall comply with the California Institute of Technology, Palomar
Observatory recommendations, Ordinance No. 655.
b. Environmental Impact Report (EIR) No. 235 (SCH# 8707003) was prepared for this
project and is on file at the City of Temecula Planning Division.
c. This project is within a Liquefaction Hazard Zone.
34. Submittal of CC&Rs. A copy of the Covenants, Conditions, and Restrictions (CC&Rs) shall be
submitted and approved by the Director of Community Development. The CC&Rs shall
include liability insurance and methods of maintaining open space, recreation areas, parking
areas, private roads, exterior of all buildings, and all landscaped and open areas, including
parkways. Applicants shall provide a deposit in the amount of $3,750 for the review of new
CC&Rs. Amended CC&Rs will require a deposit of $2,000. The applicant shall be responsible
for all costs incurred during the review of the CC&Rs and additional fees may be required
during the course of the review.
35. Form and Content of CC&Rs. The CC&Rs shall be in the form and content approved by the
Director of Community Development, City Engineer, and the City Attorney, and shall include
such provisions as are required by this approval and as said officials deem necessary to
protect the interests of the City and its residents.
Page 8 of 19
36. Preparation of CC&Rs. The CC&Rs shall be prepared at the developer's sole cost and
expense.
37. Review of CC&Rs. The CC&Rs and Articles of Incorporation of the Property Owners
Association are subject to the approval of the Director of Community Development, Public
Works Director, and the City Attorney.
38. CC&Rs and Management/Maintenance of Common Areas. The CC&Rs shall provide for the
effective establishment, operation, management, use, repair, and maintenance of all common
areas, drainage facilities, and pollution prevention devices outlined in the project's Water
Quality Management Plan.
39. CC&Rs and Public Nuisance. The CC&Rs shall provide that the property shall be developed,
operated, and maintained so as not to create a public nuisance.
40. Termination of CC&Rs. The CC&Rs shall provide that the association may not be terminated
without prior City approval.
41. CC&Rs and Maintenance of Property. The CC&Rs shall provide that if the property is not
maintained in the condition required by the CC&Rs, then the City, after making due demand
and giving reasonable notice, may enter the property and perform, at the owner's sole
expense, any maintenance required thereon by the CC&Rs or the City Ordinances. The
property shall be subject to a lien in favor of the City to secure any such expense not promptly
reimbursed.
42. Interest in Association. Every owner of a suite or lot governed by CC&Rs shall own as an
appurtenance to such suite or lot, 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.
43. Consent of City of Temecula. An Article must be added to every set of CC&Rs, following the
Declarant's signature, to read as follows:
CONSENT OF CITY OF TEMECULA
The Conditions of Approval for Tentative Tract Map No. 36483 require the City of Temecula to
review and approve the CC&Rs for the Parcel. The City's review of these CC&Rs has been
limited to a determination of whether the proposed CC&Rs properly implement the
requirements of the Conditions of Approval for the Parcel. The City's consent to these CC&Rs
does not contain or imply any approval of the appropriateness or legality of the other
provisions of the CC&Rs, including, without limitation, the use restrictions, private easements
and encroachments, private maintenance requirements, architecture and landscape controls,
assessments, enforcement of assessments, resolutions of disputes or procedural matters.
Subject to the limitations set forth herein, the City consents to the CC&Rs.
Matt Peters
Acting Community Development Director
Approved as to Form:
Peter M. Thorson
City Attorney
Page 9 of 19
44. Consent of City of Temecula. An Article must be added to every set of CC&Rs to read as
follows:
Article
CONSENT OF CITY OF TEMECULA
1. The Conditions of Approval of Tentative Tract Map Number 36483 requires the City to
review and approve the CC&Rs for the Parcel.
2. Declarant acknowledges that the City has reviewed these CC&Rs and that its review
is limited to a determination of whether the proposed CC&Rs properly implement the
requirements of the Conditions of Approval for the Parcel. The City's consent to these CC&Rs
does not contain or imply any approval of the appropriateness or legality of the other
provisions of the CC&Rs, including, without limitation, the use restrictions, private easements
and encroachments, private maintenance requirements, architecture and landscape controls,
assessment procedures, assessment enforcement, resolution of disputes or procedural
matters.
3. In the event of a conflict between the Conditions of Approval of the land use
entitlements issued by the City for the Parcel or Federal, State, or local laws, ordinances, and
regulations and these CC&Rs, the provisions of the Conditions of Approval and Federal, State
or local laws, ordinances, and regulations shall prevail, notwithstanding the language of the
CC&Rs.
4. These CC&Rs shall not be terminated, amended or otherwise modified without the
express written consent of the Director Community Development of the City of Temecula.
45. Operation of Association. No lot or suite in the development shall be sold unless a
corporation, association, property owners group or similar entity has been formed with the
right to assess all properties individually owned or jointly 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
control, and the duty to maintain, all of said mutually available features of the development.
Such entity shall operate under recorded CC&Rs, which shall include compulsory membership
of all owners of lots and/or suites and flexibility of assessments to meet changing costs of
maintenance, repairs, and services. Recorded CC&Rs shall permit enforcement by the City
for provisions required as Conditions of Approval. The developer shall submit evidence of
compliance 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.
46. Recordation of CC&Rs. CC&Rs shall be finalized and recorded at the time of Final Map
Recordation.
47. Copies of CC&Rs. Three copies of the final recorded CC&Rs shall be provided to the
Planning Division.
Outside Agencies
48. Flood Protection. Flood protection shall be provided in accordance with the Riverside County
Flood Control Districts transmittals dated July 23, 2015 and January 21, 2016, copies of which
are attached.
49. Compliance with Dept. of Environmental Health. The applicant shall comply with the
recommendations set forth in the County of Riverside Department of Environmental Health's
transmittals dated August 25, 2015 and January 21, 2016 copies of which are attached.
50. Compliance with EMWD. The applicant shall comply with the recommendations set forth in
the Eastern Municipal Water District's transmittal dated July 15, 2014, a copy of which is
attached.
Page 10 of 19
51. Compliance with County Geologist. The applicant shall comply with the recommendations set
forth in the Riverside County Geologist transmittal dated April 2, 2015, a copy of which is
attached.
PUBLIC WORKS DEPARTMENT
General Requirements
52. Subdivision Map. The developer shall submit a complete Tract Map submittal for review and
approval. Any omission to the representation of the site conditions may require the plans to
be resubmitted for further review and revision.
53. Grading Permit. A grading permit for rough and/or precise grading shall be obtained from
Public Works prior to commencement of any construction within private property. Grading
shall be in accordance with the approved grading plan, grading permit conditions and City
codes/standards.
54. Encroachment Permits. Prior to commencement of any applicable construction,
encroachment permit(s) are required; and shall be obtained:
a. from Public Works for public offsite improvements; and
b. from Riverside County Flood Control & Water Conservation District (RCFC&WCD) if
encroaching within their right-of-way.
55. Private Drainage Facilities. All onsite drainage and water quality facilities shall be privately
maintained.
56. Landscape Median Plans. The developer:
a. shall contact the Park/Landscape Maintenance Supervisor for a pre -design meeting to
discuss design parameters. The design shall be in conformance with the Temecula
Community Services District's Landscape Standards.
b. his successor or assignee, shall be responsible for the maintenance of the landscaped
parkways, medians or public parks until such time Public Works accepts that
responsibility.
57. Parkway Landscaping. All parkway improvements shall be privately maintained.
58. Improvement Plans. The developer shall submit improvement plans (to include public street
plans, storm drain plans, signage and striping plans, etc.) as required for review and approval
by Public Works. The designs shall be in compliance with Caltrans, Riverside County Flood
Control and Water Conservation District and City codes/standards.
59. Butterfield Stage Road Storm Drain Improvements. In the event that the City of Temecula and
Riverside County Flood Control and Water Conservation District enter into
a co-op agreement, the construction of the AD 159 - Butterfield Stage Road Storm Drain - Line
A Stage 2 Improvements will be constructed as a City of Temecula Public Works Capital
Improvement Project. Funding shall be provided immediately prior to issuance of the first
production house building permit.
60. Funding. In the event that there is a funding shortfall for the project, AD 159 — Butterfield
Stage Road Storm Drain - Line A Stage 2 Improvement, the Developer shall be responsible for
funding the difference between the final approved Capital Improvement Program Budget
Sheet for PW23-15 and the funding allocated by Assessment District (AD) 159 and
RCFC&WCD prior to the Award of Contract by City Council to commence construction of said
storm drain improvements. Funding shall be in the form of cash or letter of credit, as
approved by the City Attorney.
Prior to Recordation of the Final Map
Page 11 of 19
61. Conditions of Approval. The developer shall comply with all Conditions of Approval, the
Engineering and Construction Manual and all City codes/standards at no cost to any
governmental agency.
62. Right -of -Way Dedications. 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 Public Works.
63. Environmental Constraint Sheet (ECS). The developer shall prepare and record an ECS with
the Tract Map to delineate identified environmental concerns. The developer shall comply
with all constraints per the recorded ECS along with any underlying maps related to the
property.
64. Required Clearances. As deemed necessary by Public Works, the developer shall receive
written clearance from the following agencies:
a. San Diego Regional Water Quality Control Board;
b. Army Corps of Engineers;
c. California Department of Fish and Wildlife;
d. Riverside County Flood Control and Water Conservation District;
e. Rancho California Water District;
f. Eastern Municipal Water District;
g. Cable TV Franchise;
h. Verizon;
i. Southern California Edison Company;
j. The Gas Company; or other affected agencies
65. Right of Access. Relinquish and waive rights of access to and from the streets below on the
Tract Map as delineated on the approved Tentative Tract Map:
a. Temecula Parkway with no openings,
b. Butterfield Stage Road with no openings, and
c. De Portola Road with the exception of two openings.
66. Easements. Note the following:
a. Private easements for cross -lot drainage shall be delineated and noted on the Tract Map.
b. Easements and access rights for meandering sidewalks for public use (through private
property) shall be dedicated to the City.
c. Easements (when required for roadway slopes, landscape, drainage facilities, utilities,
etc.) shall be shown on the Tract 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 Public Works. Onsite drainage facilities located outside of road right-of-way
shall be contained within drainage easements and shown on the Tract Map. A note shall
be added to the Tract Map stating: "Drainage easements shall be kept free of buildings
and obstructions."
67. RCFC&WCD Approval. A copy of the grading and improvement plans, along with supporting
hydrologic and hydraulic calculations, shall be submitted to the Riverside County Flood
Control and Water Conservation District for approval prior to issuance of any permit.
Page 12 of 19
68. Public Street Improvements and Securities. The developer shall have approved improvement
plans, executed subdivision improvement agreements and posted securities for the following
public improvements (including parkway and median improvements) to the City's General
Plan standards unless otherwise noted. Plans shall be approved by Public Works. All street
improvement designs shall provide adequate right-of-way and pavement transitions per
Caltrans' standards to join existing street improvements.
a. Improve Temecula Parkway, along property frontage, to include installation of sidewalk,
streetlights, drainage facilities, signing and striping, and utilities (including but not limited
to water and sewer) as shown on the Tentative Tract Map.
b. Improve Butterfield Stage Road from Temecula Parkway to De Portola Road (Standard
No. 100 —110' R/W) to include installation of full -width street improvements, paving, curb
and gutter, sidewalk, streetlights, drainage facilities, signing and striping, utilities (including
but not limited to water and sewer), and raised landscaped median as shown on the
Tentative Tract Map. In the event that the City of Temecula and Riverside County Flood
Control & Water Conservation District enter into a co-op agreement and the project
becomes a Capital Improvement Project, all improvements shall be required, with the
exception of the improvements proposed in the AD 159 Butterfield Stage Road
Improvement Storm Drain Project.
c. Improve De Portola Road, along property frontage (Standard No. 101 — 100' R/W) to
include installation of paving, curb and gutter, sidewalk, drainage facilities, signing and
striping, and utilities (including but not limited to water and sewer) as shown on the
approved Tentative Tract Map.
d. Improve Street "A" (74' R/W) to include dedication of full -width street right-of-way,
installation of full -width street improvements, paving, curb and gutter, sidewalk,
streetlights, drainage facilities, signing and striping and utilities (including but not limited to
water and sewer).
e. Improve Streets "B" through "J" - 60' R/W to include dedication of full -width street
right-of-way, installation of full -width street improvements, paving, curb and gutter,
sidewalk, streetlights, drainage facilities, signing and striping, utilities (including but not
limited to water and sewer).
69. Undergrounding Utility Systems. All utility systems including gas, electric, telephone, water,
sewer and cable TV shall be provided underground (with the required easements); and shall
be designed and constructed in accordance with City codes and utility provider's standards.
Telephone, cable TV and/or security systems shall be pre -wired in the residence. The
developer shall notify the City's cable TV franchisees of the Intent to Develop. Conduit shall
be installed to cable TV standards at time of street improvements.
70. Acquisition of Offsite Property. The developer shall make a good faith effort to acquire
required offsite property interests, and if he or she should fail to do so, the developer shall,
prior to submittal of the Tract Map for recordation, enter into an agreement to complete the
improvements pursuant to Subdivision Map Act, Sections 66462 and 66462.5. The
agreement shall provide for payment by the developer of all costs incurred by the City to
acquire the offsite 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 developer's cost). The appraiser shall be
approved by the City prior to commencement of the appraisal.
71. Assessments. 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.
The developer shall submit an application for reapportionment of any assessments with the
appropriate regulatory agency.
72. Property Taxes. Any delinquent property taxes shall be paid.
Page 13 of 19
73. Election Proceeding. The developer shall file a notice of intention with the Public Works
Department to initiate election proceedings for acceptance of street lighting into the
appropriate maintenance program (Service Level B). All cost associated with this process
shall be borne by the developer.
Prior to Issuance of a Grading Permit
74. Required Clearances. As deemed necessary by Public Works, the developer shall receive
written clearance from the following agencies:
a. San Diego Regional Water Quality Control Board;
b. Army Corps of Engineers;
c. California Department of Fish and Wildlife;
d. Riverside County Flood Control and Water Conservation District; or other affected
agencies.
75. Grading/Erosion & Sediment Control Plan. The developer shall submit a grading/erosion &
sediment control plan(s) to be reviewed and approved by Public Works. All plans shall be
coordinated for consistency with adjacent projects and existing improvements contiguous to
the site. The approved plan shall include all final WQMP water quality facilities and all
construction -phase pollution -prevention controls to adequately address non -permitted runoff.
Refer to the City's Engineering & Construction Manual at:
www.TemeculaCA.gov/ECM
76. Erosion & Sediment Control Securities. The developer shall comply with the provisions of
Chapter 18, Section 18.24.140 of the Temecula Municipal Code by posting security and
entering into an agreement to guarantee the erosion & sediment control improvements.
77. NPDES General Permit Compliance. The developer shall obtain project coverage under the
State National Pollutant Discharge Elimination System (NPDES) General Permit for
Construction Activities and shall provide the following:
a. A copy of the Waste Discharge Identification number (WDID) issued by the State Water
Resources Control Board (SWRCB);
b. The project's Risk Level (RL) determination number; and
c. The name, contact information and certification number of the Qualified SWPPP
Developer (QSD).
Pursuant to the State Water Resources Control Board (SWRCB) requirements and City's
storm water ordinance, a Storm Water Pollution Prevention Plan (SWPPP) shall be generated
and submitted to the Board. Throughout the project duration, the SWPPP shall be routinely
updated and readily available (onsite) to the State and City.
Review www.cabmphandbooks.com for SWPPP guidelines. Refer to the following link:
http-//www waterboards ca gov/water issues/programs/stormwater/constri.iction shtml
78. Water Quality Management Plan (WQMP) and O&M Agreement. The developer shall submit
a final WQMP (prepared by a registered professional engineer) with the initial grading plan
submittal, based on the conceptual WQMP from the entitlement process. It must receive
acceptance by Public Works. A copy of the final project -specific WQMP must be kept onsite at
all times. In addition, a completed WQMP Operation and Maintenance (O&M) Agreement
shall be submitted for review and approval. Upon approval from City staff, the applicant shall
record the O&M agreement at the County Recorder's Office in Temecula. Refer to the WQMP
template and agreement link: www.TemeculaCA.gov/WQMP.
Page 14 of 19
79. Drainage Study. A drainage study shall be prepared by a registered civil engineer and
submitted to Public Works with the initial grading plan check in accordance with City, Riverside
County and engineering standards. The study shall identify storm water runoff quantities (to
mitigate the 10 and 100-year storm event for 24 hour storm duration peak flow) from the
development of this site and upstream of the site. It shall identify all existing or proposed
offsite or onsite, 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 the development of this project.
80. Soils Report. A soils report, prepared by a registered soil or civil engineer, shall be submitted
to Public Works with the initial grading plan submittal. The report shall address the site's soil
conditions and provide recommendations for the construction of engineered structures and
preliminary pavement sections.
81. Letter of Permission/Easement. The developer shall obtain documents (letters of permission
or easements) for any offsite work performed on adjoining properties. The document's format
is as directed by, and shall be submitted to, Public Works for acceptance. The document
information shall be noted on the approved grading plan.
82. American Disability Act. The developer shall ensure that all frontage areas to the proposed
development within the public right of way are ADA compliant. Any sidewalk within the public
right of way found to be non -compliant shall be the responsibility of the property owner to be
removed and replaced with ADA compliant sidewalk per the Streets and Highway Code
Section 5610.
Prior to Issuance of Building Permit(s)
Page 15 of 19
83. Construction of Street Improvements. The developer shall start construction of all public
street improvements, as outlined below, in accordance to the City's General Plan/Circulation
Element and corresponding City standards. All street improvement designs shall provide
adequate right-of-way and pavement transitions per Caltrans' standards to join existing street
improvements.
a. Improve Temecula Parkway, along property frontage, to include installation of sidewalk,
streetlights, drainage facilities, signing and striping, and utilities (including but not limited
to water and sewer) as shown on the Tentative Tract Map.
b. Improve Butterfield Stage Road from Temecula Parkway to De Portola Road (Standard
No. 100 —110' R/W) to include installation of full -width street improvements, paving, curb
and gutter, sidewalk, streetlights, drainage facilities, signing and striping, utilities (including
but not limited to water and sewer), and raised landscaped median as shown on the
Tentative Tract Map. In the event that the City of Temecula and Riverside County Flood
Control & Water Conservation District enter into a co-op agreement and the project
becomes a Capital Improvement Project, all improvements shall be required, with the
exception of the improvements proposed in the AD 159 Butterfield Stage Road
Improvement Storm Drain Project.
c. Improve De Portola Road, along property frontage (Standard No. 101 — 100' R/W) to
include installation of paving, curb and gutter, sidewalk, drainage facilities, signing and
striping, and utilities (including but not limited to water and sewer) as shown on the
approved Tentative Tract Map.
d. Improve Street "A" (74' R/W) to include dedication of full -width street right-of-way,
installation of full -width street improvements, paving, curb and gutter, sidewalk,
streetlights, drainage facilities, signing and striping and utilities (including but not limited to
water and sewer).
d. Improve Streets "B" through "J" - 60' R/W to include dedication of full -width street
right-of-way, installation of full -width street improvements, paving, curb and gutter,
sidewalk, streetlights, drainage facilities, signing and striping, utilities (including but not
limited to water and sewer).
84. Final Map. Tract Map Number 36483 shall be approved and recorded
85. Street Lights.
a. Street Light Plan — Street lighting shall be designed in accordance with the latest City
Standards and Specifications for LS-3 street light rates, and as determined by the City
Engineer.
b. Onsite and Offsite Street Lights Ownership and Maintenance — All proposed public and
private street lights shall be designed in accordance with City approved standards and
specifications, or as determined and approved by the City Engineer. The City shall have
ownership and maintenance of all proposed public street lights and associated
appurtenances, and shall be provided with adequate service points for power. The design
shall be incorporated in the project's street improvement plans or in a separate street light
plan as determined and approved by the City Engineer.
c. Streetlight Design as LS-3 Rate Lights —All new streetlights, other than traffic signal safety
lights, shall be designed as LS-3 rate lights in accordance with approved City standards
and specifications, and as determined by the City Engineer.
d. Street Light Service Point Addressing — The developer shall coordinate with the PW
Department and with Southern California Edison the assignment of addresses to required
street light service points. Service points serving public streetlights shall be owned by the
City and shall be located within the public's right of way or within duly dedicated public
easements.
Page 16 of 19
86. Precise Grading Plan. A precise grading plan shall be submitted to Public Works for review
and approval. The plan shall be in substantial conformance with the approved rough grading
plan; and shall show all lot drainage directed to the driveway by side yard drainage swales
independent of any other lot. 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.
87. Funding. In the event that there is a funding shortfall for the project, AD 159 — Butterfield
Stage Road Storm Drain - Line A Stage 2 Improvement, the Developer shall be responsible for
funding the difference between the final approved Capital Improvement Program Budget
Sheet for PW23-15 and the funding allocated by Assessment District (AD) 159 and
RCFC&WCD prior to the Award of Contract by City Council to commence construction of said
storm drain improvements. Funding shall be in the form of cash or a letter of credit, as
approved by the City Attorney. Funding shall be provided immediately prior to issuance of the
first production house building permit.
88. Undergrounding Wires. All existing and proposed electrical and telecommunication lines,
except electrical lines rated 34KV or greater, shall be installed underground per Title 15,
Chapter 15.04 of the Temecula Municipal Code and utility provider's standards. The developer
is responsible for any associated costs, for making arrangements with each utility agency and
for obtaining the necessary easements.
89. Storm Drain Easements. The Developer shall, in good faith, obtain a storm drain easement
from the property owner of Parcel 1 of Parcel Map 6428 (Assessor Parcel Number
965-400-001) for the AD 159 - Butterfield Stage Road Storm Drain - Line A Stage 2
Improvement project. A recorded copy of the easement shall be provided to the City.
Prior to Issuance of a Certificate of Occupancy
90. Completion of Improvements. The developer shall complete all work per the approved plans
and Conditions of Approval to the satisfaction of the City Engineer. This includes all on -site
work (including water quality facilities), public improvements and the executed WQMP
Operation and Maintenance agreement.
91. Utility Agency Clearances. The developer shall receive written clearance from applicable
utility agencies (i.e., Rancho California and Eastern Municipal Water Districts, etc.) for the
completion of their respective facilities and provide to Public Works.
92. Replacement of Damaged Improvements/Monuments. Any appurtenance damaged or broken
during development shall be repaired or removed and replaced to the satisfaction of Public
Works. Any survey monuments damaged or destroyed shall be reset per City Standards by a
qualified professional pursuant to the California Business and Professional Code Section
8771.
93. Certifications. All necessary certifications and clearances from engineers, utility companies
and public agencies shall be submitted as required by Public Works.
94. Water Quality Management Plan (WQMP) certification. As part of the WQMP approval, the
Engineer of Record shall report and certify BMP construction per City of Temecula NPDES
requirements. Should the project require Alternative Compliance, the developer is responsible
for execution of an approved Alternative Compliance Agreement.
BUILDING AND SAFETY DIVISION
General Requirements
Page 17 of 19
95. ADA Access. Applicant shall submit details and plans of all applicable disabled access
provisions for common use areas, park, and open space HOA lots, based on current Building
Code, at time of submittal.
FIRE PREVENTION
General Requirements
96. Fire Flow. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel
or construction of all commercial and residential buildings per CFC Appendix B. The
developer shall provide for this project, a water system capable of delivering 2,000 GPM at
20-PSI residual operating pressure for a 2-hour duration for single family dwellings and 4,000
GPM at 20-PSI residual operating pressure for a 4-hour duration for multi -family projects,
commercial projects and industrial projects. The fire flow as given above has taken into
account all information as provided (CFC Appendix B and Temecula Municipal Code Section
15.16.020).
97. Fire Hydrants. The Fire Prevention Bureau is required to set minimum fire hydrant distances
per CFC Appendix C. Standard fire hydrants (6" x 4" x (2) 2'/2" outlets) shall be located on fire
access roads and adjacent public streets. For all Commercial and multi -family projects
hydrants shall be spaced at 350 feet apart, 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 for all and for
single family dwellings and tract homes hydrants shall be 500 feet apart, 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 fire line may be required to be a looped system. The upgrade of existing fire
hydrants may be required (CFC Appendix C and Temecula Municipal Code Section
15.16.020).
98. Fire Dept. Plan Review. 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.
99. Two Point Access. This development shall maintain two points of access, via all-weather
surface roads, as approved by the Fire Prevention Bureau (CFC Chapter 5).
Prior to Issuance of Grading Permit(s)
100. Turning Radius (Cul-de-sac). Maximum cul-de-sac length shall not exceed 1,320 feet.
Minimum outside turning radius on any cul-de-sac shall be 37-feet for single family dwelling
tracts and 45 feet for multi -family dwelling tracts. (CFC Chapter 5 along with the Temecula
Municipal Code Section 15.16.020).
101. All Weather Access Roads. Fire apparatus access roads shall be designed and maintained to
support the imposed loads of fire apparatus and shall be with a surface to provide all-weather
driving capabilities. Access roads shall be 80,000 lbs. GVW with a minimum AC thickness of
.25 feet. In accordance with Section 3310.1, prior to building construction, all locations where
structures are to be built shall have fire apparatus access roads. (CFC Chapter 5 and
Temecula Municipal Code Section 15.16.020)
102. Access Road Widths. Fire Department vehicle access roads shall have an unobstructed width
of not less than 24 feet for commercial and track home roads and 20 feet for custom homes
residential driveways with an unobstructed vertical clearance of not less than 13 feet 6 inches
(CFC Chapter 5 and Temecula Municipal Code Section 15.16.020).
103. Gradient of Access Roads. The gradient for fire apparatus access roads shall not exceed 15
percent (CFC Chapter 5 and Temecula Municipal Code Section 15.16.020).
Page 18 of 19
Prior to Issuance of Building Permit(s)
104. Required Submittals (Fire Sprinkler Systems). Fire sprinkler plans shall be submitted
electronically to the Fire Prevention Bureau for approval. Sprinkler plans must be submitted
by the installing contractor to the Fire Prevention Bureau. These plans must be submitted
prior to the issuance of the building permit. A set of sprinkler permits are required for each
individual structure (home).
105. Required Submittals (Fire Underground Water). The underground fire water lines will be a
public system, per direction of Rancho California Water District. Rancho California Water
District will need to comply with the fire department spacing for the fire hydrants and also the
fire flow requirements for the public fire hydrants as outlined in these conditions. No separate
fire permits will be required.
Prior to Issuance of Certificate of Occupancy
106. Knox Box. All manual and electronic gates on required Fire Department access roads or
gates obstructing Fire Department access shall be provided with the Knox Rapid entry system
for emergency access by firefighting personnel (CFC Chapter 5)
Page 19 of 19
egional
onservation
Authority
Westem Riverside County
Project Information
Permittee:
Case Information:
Site Acreage:
RCA Joint Project Review (JPR)
JPR #: 15-06-16-01
Date: 4/25/2016 updated 4/6/2018
City of Temecula
TTM 36483 / Paseo Del Sol / PA 14-0087
42.64 acres
Portion of Site Proposed for 0 proposed, but result of CDFW Section 1602 permitting
MSHCP Conservation Area: requires conservation easement over approximately 3.0 acres
Criteria Consistency Review
Consistency Conclusion: The project is consistent with both the Criteria and Other
Plan requirements.
Data:
Applicable Core/Linkage: Proposed Constrained Linkage 12
Area Plan: Southwest
APN(s)
Sub -Unit
Cell Group
Cell
959-400-001
SU 2 — Temecula and
Independent
7273
959-400-002
Pechanga Creeks
959-400-003
Criteria and Project Information
Criteria Comments:
As stated in Section 3.2.3 of the MSHCP, "Proposed Linkage 24 is comprised of the portion of
Temecula Creek east of Redhawk Parkway and west of Pauba Road. This Linkage provides Habitat for
wetland species and a connection to Core Areas in Wilson Valley. The Linkage is constrained by
existing roadways and planned community Development. Planning Species for which Habitat is
provided for within this Linkage include bobcat, mountain lion, Stephens' kangaroo rat, Aguanga
kangaroo rat, western pond turtle, yellow warbler, southwestern willow flycatcher, arroyo chub,
loggerhead shrike, tree swallow, white-tailed kite, Cooper's hawk and least Bell's vireo. In addition to
maintenance of habitat quality, maintenance of existing floodplain processes along Temecula Creek is
important for these species. While specific studies of movement along this Linkage have not been
conducted, it likely provides for movement of common mammals such as bobcat."
b. The project site is partially located within Cell 7273. As stated in Section 3.3.15 of the MSHCP,
"Conservation within this Cell will contribute to assembly of Proposed Constrained Linkage 24.
Conservation within this Cell will focus on riparian scrub, woodland, forest, and Riversidean alluvial
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fan sage scrub habitat along Temecula Creek and adjacent grassland habitat. Areas conserved within
this Cell will be connected to Riversidean alluvial fan sage scrub, riparian scrub, woodland, forest and
grassland habitat proposed for conservation in Cell #7274 to the east. Conservation within this Cell
will range from 5%-15% of the Cell focusing in the eastern central portion of the Cell."
c. Rough Step: The proposed project is within Rough Step Unit 5. Rough Step 5 encompasses 91,734 acres
within the southwestern corner of western Riverside County and includes the Santa Rosa Plateau, the
Tenaja Corridor, and Murrieta Creek. It is bounded by Interstate 15 to the northeast, San Diego County
to the south and the Santa Ana Mountains in the Cleveland National Forest to the west. Within Rough
Step 5, 24,326 acres are located within the Criteria Area. Key vegetation communities within Rough
Step Unit 5 include coastal sage scrub; grasslands; riparian scrub, woodland, forest; and Riversidean
alluvial fan sage scrub and woodlands and forests. Based on the 2013 MSHCP Annual Report, all
vegetation categories are "in" rough step. Based on the MSHCP vegetation mapping, vegetation on the
proposed project site includes grassland, disturbed and water. Therefore, development on the project site
will not conflict with or interfere with the Rough Step Status of Unit 5.
d. Project information was provided by the Permittee in the JPR application and HANS package from the
Permittee which included a Habitat Assessment and MSHCP Consistency Analysis dated April 2014
prepared by RBF Consulting. An updated package, with a revised Habitat Assessment and MSHCP
Consistency Analysis (August 2015), Burrowing Owl Focused Survey Report (August 2015), and
Delineation of State and Federal Jurisdictional Waters (June 2014) was resubmitted in September 2015
by Michael Baker International (Michael Baker) to include information requested during the initial JPR
process. Additional information was requested on several occasions, and the most recent submittal
included a Habitat Assessment and MSHCP Consistency Analysis (Analysis) revised April 2016 and a
Riparian/Riverine Determination of Biologically Equivalent or Superior Preservation (DBESP) revised
March 2016. The project site is located north of State Route 79 (SR-79), east of Mantova Drive, south of
De Portola Road and west of Butterfield Stage Road in the City of Temecula. The project site is part of the
previously approved (1998) Paseo Del Sol Specific Plan, and received permits from USACE, RWQCB,
and CDFW at that time. The site was previously graded and utilized as interim stormwater management
facilities for the larger specific plan area. Per the site plan provided in the application package, the site is
being proposed for approximately 174 single family residential units. The project site is generally located
east of Interstate 15 (I-15) in the City of Temecula, Riverside County, California. Specifically, the project
site is located north of SR-79, east of Mantova Drive, South of De Portola Road, and west of Butterfield
Stage Road. The project site is surrounded by residential development to the north, south, and west, and
an agricultural field to the northeast. Undeveloped lands are located to the east. Temecula Creek is located
approximately 750 feet to the south on the other side of SR-79. The site currently has a manmade channel
flowing roughly in a north to southwest direction, and is discussed below in Section 6.1.2. Non-native
grassland is found throughout the majority of the project site outside of the unnamed drainage feature, and
has been heavily disturbed from previous grading activities. Dominant plant species observed within this
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plant community include ripgut brome (Bromus diandrus), red brome (Bromus madritensis), shortpod
mustard (Hirschfeldia incana), Russian thistle (Salsola tragus), Chinese purslane (Portulaca oleracea),
silverleaf nightshade (Solanum elaeagnifolium), London rocket (Sisymbrium irio), and filaree (Erodium
sp.).
e. Reserve Assembly: The project site is located in the northwestern corner of Cell 7273 which is not in the
area that would contribute to Proposed Constrained Linkage 12 described for conservation. The area
described for conservation is focused on Temecula Creek and the adjacent grassland areas in the eastern
central 5%-15% portion of the Cell. The proposed project site is constrained by development on the
north, west, and south sides, separated from Temecula Creek by SR-79 and a shopping center.
Furthermore, there is no connection between the project site and Riversidean alluvial fan sage scrub,
riparian scrub, woodland, forest or grassland habitat proposed for conservation in Cell #7274 to the east.
The proposed project is not contributing to conservation constraints or fragmentation in this area, and its
development will not affect the ability of this Proposed Constrained Linkage 12 to function or be
assembled. Therefore, the project does not affect the Reserve Assembly goals of the MSHCP.
Other Plan Requirements
Data:
Section 6.1.2 — Was Riparian/RiverineNemal Pool Mapping or Information Provided?
Yes. There are riparian/riverine areas on the project site. There are no vernal pools on the project site and
soils are not consistent with vernal pool soil types and are not suitable for fairy shrimp habitat.
Section 6.1.3 — Was Narrow Endemic Plant Species Survey Information Provided?
Yes. The project site is not located within a Narrow Endemic Plant Species Survey Area (NEPSSA).
Section 6.3.2 — Was Additional Survey Information Provided?
Yes. The project site is not located within a Criteria Area Species Survey Area (CASSA). The project
site is located in an Additional Survey Needs and Procedures Area for burrowing owl.
Section 6.1.4 — Was Information Pertaining to Urban/Wildland Interface Guidelines Provided?
Yes. The property is not directly adjacent to existing or described Conservation Areas. However,
flows from the site will ultimately drain to Temecula Creek, an area described for Conservation.
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Other Plan Requirement Comments:
a. Section 6.1.2: According to the MSHCP Analysis prepared by Michael Baker, the project site currently has
a manmade channel which was constructed for temporary stormwater management of the previously
approved specific plan development. An unnamed manmade drainage feature bisects the site, flowing in a
north to southwest direction. This drainage enters the site roughly in the center of its northern boundary
through a concrete culvert, where it then transitions to an earthen ditch, then curves to the southwest and is
temporarily retained in the southwest corner of the site within a detention/sedimentation basin. The
temporary detention/sedimentation basin drains via an off -site concrete [underground] culvert that runs
under SR-79 and into Temecula Creek via existing commercial developments on the southwest corner of
the site. Historical aerials from 1995 show an alluvial wash on the northern portion of the property running
east -west. With development surrounding the site to the north, south, and west, the Analysis indicates that
the primary function and value of the on -site wetland was "regulation of nuisance flows, energy
dissipation, conveyance of floodwaters, and nutrient/particulate uptake from off -site upstream
development." As part of the grading operations in 2001, the project site was graded for the stormwater
conveyance features located on the site currently. Project development was ceased in 2006 and the
stormwater management facilities have remained in place. Since the time the project was halted in 2006,
the trench has continued to convey stormwater from the northern development north through the proposed
project site. The Analysis explains that the wetland basin provides limited flood protection/water storage
capabilities by attenuating flows but it does not eliminate flooding to Butterfield Stage Road, SR-79, the
project site, or commercial centers to the south of SR-79. Further, the areas upstream of the wetland are
developed, and the existing wetland does not provide a wildlife movement corridor or linkage from
Temecula Creek across the project site.
The Analysis concluded that a single 0.69-acre wetland (1,350 linear feet) associated with the unvegetated
streambed and the 0.10-acre non -wetland detention basin (ephemeral streambed), both determined to be
MSHCP riparian/riverine resources, would be impacted by the proposed project and thus require
mitigation and preparation of a DBESP. All impacts would be considered permanent and no temporary
impacts to riparian/riverine resources are anticipated. The riparian habitat on site is broadleaf cattail
(Typha spp.) and a sparsely distributed sandbar/narrow leaf willow (Salix exigua).
According to the Analysis, none of the soils appropriate to create the impermeable restrictive layer are
present or have been mapped on the project site. A review of recent (1995-2014) and predevelopment
aerial photographs of the site and its immediate vicinity did not provide visual evidence of an astatic or
vernal pool on or in the near vicinity of the project site. While prolonged ponding may occur on -site, it is
the result of continuous flows from surrounding development and does not suggest suitability for fairy
shrimp which require astatic conditions. The continuous flows from surrounding development would
preclude the pond from developing into an astatic pond. No other ponding was observed on -site,
supporting the fact that the drainage patterns currently occurring on the project site do not follow
hydrologic regime needed for vernal pools. Based on this discussion, the Analysis concluded that there is
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no indication of sensitive plant and wildlife species associated with vernal pools and clay soils, including
fairy shrimp, and that they are presumed absent from the project site. This habitat is also reportedly not
suitable for riparian birds, and therefore no focused surveys were warranted. The Analysis also concluded
that the development surrounding the site to the north, west, and south limits the potential of the site to
support migratory linkages of corridors for riparian species.
To offset impacts to the riparian/riverine areas, the applicant proposes on -site re-establishment of both
wetland and non -wetland habitat, and a vegetated stormwater conveyance riparian scrub streambed,
totaling 2.94 acres. The applicant is responsible for implementing the requirements of a Habitat
Management and Monitoring Plant (HMMP) that will include establishment of the on -site wetland and
non -wetland features, invasive species control, trash removal, restriction of human access, fencing and
signage, maintenance, success criteria, and adaptive management. The on -site basin and channel would be
owned by the Homeowners' Association (HOA) and a third party approved by the regulatory agencies
would be responsible for the long-term management and maintenance. (On March 13, 2018, since the time
these Findings were prepared, the Rivers & Lands Conservancy agreed to accept the conveyance and
implement the re-establishment requirements. The MSHCP requires that a protection mechanism, such as
a conservation easement, be placed over the approximate on -site 3.0-acre mitigation area. Should the HOA
need to implement maintenance or vector control, then a separate CDFW 1602 permit would be required.]
The applicant also proposes off -site mitigation in the form of purchasing credits (equivalent to 0.69 acres)
at the San Luis Rey Mitigation Bank to meet the requirements of regulated waters permitting. The
applicant understands that the San Luis Rey Mitigation Bank cannot be used to replace lost functions and
values of impacted MSHCP riparian/riverine resources.
According to the DBESP, the proposed on -site mitigation will result in equivalent or superior functions
and values relative to water quality as compared to pre -project conditions. The basin would facilitate better
water quality on site and to waters delivered downstream (e.g., Temescal Creek). Nuisance and stormwater
flows originating from both off -site and on -site sources would be expected to contain nutrients, oxygen -
demanding organic matter, heavy metals, hydrocarbons, pesticides, trace organics, and coliform bacteria
elevated from pre -construction background levels, at levels typical of other urban watersheds. However,
implementation of proposed water quality control measures, including use of structural and non-structural
BMPs to treat runoff, would ensure that implementation of the project would not result in degradation of
receiving body water quality. Upstream habitat connectivity to the project site is non-existent due to
existing residential development, and there is little to no sediment transport/sedimentation buildup issues
associated with the existing wetland. With the proposed on -site mitigation, flows from upstream locations
would remain unchanged. The DBESP also indicates that the on -site mitigation would incorporate greater
plant biodiversity and increase the ecological functions and values as compared to the current open water
and monoculture of Typha spp.
The RCA needs adequate additional information to ensure that the DBESP is implemented as proposed,
including a commitment that long-term management and maintenance of the on -site mitigation.
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The Permittee or the applicant will submit a copy of the final HMMP to RCA that must include
all mitigation implementation details including future activities that could potentially negate the
conservation value such as vector control and weed abatement. The HMMP must include
success criteria including timelines of when success is anticipated.
Based on the information provided by Michael Baker, the project demonstrates compliance with
Section 6.1.2 of the MSHCP.
b. Section 6.1.3: The project site is not located within a Narrow Endemic Plant Species Survey Area
(NEPSSA). Therefore, no focused surveys for NEPSSA were conducted. Based on the information
provided by Michael Baker, the project demonstrates compliance with Section 6.1.3 of the MSHCP.
c. Section 6.3.2: The project site is not located within a Criteria Area Species Survey'Area (CASSA),
therefore no focused surveys were conducted for CASSA. The project site is located in an Additional
Survey Needs and Procedures Area for burrowing owls. Potential suitable burrows were mapped (refer
to BUOW Focused Survey) and focused surveys were conducted July 7, 15, 29, and August 4, 2015
consistent with the MSHCP Burrowing Owl Survey Requirements (2006). The project site contains a
large number of ground squirrel burrows and debris piles, many of which are suitable to support
burrowing owls. These are primarily located on slopes along the northern and southern boundaries of the
site and along the east -west centerline of the site, where the higher -elevation northern half drops into the
lower -elevation southern half. During the habitat assessment, all burrows encountered were examined
for shape, scat, pellets, feathers, tracks, and prey remains. Despite systematic searches of the suitable
burrows found on the project site, no burrowing owls or evidence to suggest recent or historical use of
the project site by burrowing owl was observed on or within 500 feet of the project site.
Due to the potential suitable burrowing owl habitat on site a 30-day preconstruction survey
for burrowing owls is required prior to initial ground -disturbing activities. If burrowing owl
have colonized the property site prior to the initiation of construction, the Permittee should
immediately inform the Wildlife Agencies and the RCA, and coordinate on the potential need
for a Burrowing Owl Protection and Relocation Plan, prior to initiating ground disturbance.
Based on the information provided by Michael Baker, the project demonstrates consistency with Section
6.3.2 of the MSHCP.
d. Section 6.1.4: There are no existing or described Conservation Areas adjacent to the project site.
However, flows from the site drain under SR-79 and into Temecula Creek. To preserve the integrity of
areas dedicated as MSHCP Conservation Areas, and the on -site mitigation area (under conservation
easement), the guidelines contained in Section 6.1.4 related to controlling adverse effects for
development adjacent to existing and described MSHCP Conservation Areas shall be implemented by
the Permittee in their actions relative to the project. According to the DBESP, measures have been
incorporated into the project design to ensure that all indirect project -related impacts to riparian/riverine
habitat are avoided or minimized to the greatest extent feasible. At a minimum, where applicable, these
measures would apply to the flows to Temecula Creek and to the on -site detention basin. Specifically,
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the Permittee should include as project conditions the approval measures i., ii., and v. as described
below:
Incorporate measures to control the quantity and quality of runoff from the site entering the MSHCP
Conservation Area. In particular, measures shall be put in place to avoid discharge of untreated
surface runoff from developed and paved areas into MSHCP Conservation Areas. Any water quality
or other drainage discharges must be reviewed by RCA prior to conveyance into the MSHCP
Conservation Area.
ii. Land uses proposed in proximity to the MSHCP Conservation Area that use chemicals or generate
bioproducts, such as manure, that are potentially toxic or may adversely affect wildlife species,
Habitat, or water quality shall incorporate measures to ensure that application of such chemicals
does not result in discharge to the MSHCP Conservation Area. The greatest risk is from landscaping
fertilization overspray and runoff.
iii. Night lighting shall be directed away from the MSHCP Conservation Area to protect species within
the MSHCP Conservation Area from direct night lighting. Shielding shall be incorporated in project
designs to ensure ambient lighting in the MSHCP Conservation Area is not increased.
iv. Proposed noise -generating land uses affecting the MSHCP Conservation Area shall incorporate
setbacks, berms, or walls to minimize the effects of noise on MSHCP Conservation Area resources
pursuant to applicable rules, regulations, and guidelines related to land use noise standards.
v. Consider the invasive, non-native plant species listed in Table 6-2 of the MSHCP in approving
landscape plans to avoid the use of invasive species for the portions of the project that are adjacent to
the MSHCP Conservation Area. Considerations in reviewing the applicability of this list shall include
proximity of planting areas to the MSHCP Conservation Areas, species considered in the planting
plans, resources being protected within the MSHCP Conservation Area and their relative sensitivity to
invasion, and barriers to plant and seed dispersal, such as walls, topography, and other features.
vi. Proposed land uses adjacent to the MSHCP Conservation Area shall incorporate barriers, where
appropriate, in individual project designs to minimize unauthorized public access, domestic animal
predation, illegal trespass, or dumping into the MSHCP Conservation Areas. Such barriers may include
native landscaping, rocks/boulders, fencing, walls, signage, and/or other appropriate mechanisms.
vii. Manufactured slopes associated with the proposed site development shall not extend into the
MSHCP Conservation Area.
viii.Weed abatement and fuel modification activities are not permitted in the Conservation Area,
including areas proposed or described for Conservation.
e. MSHCP Volume I, Appendix C: The following best management practices (BMPs), as applicable, shall
be implemented for the duration of construction:
i. A condition shall be placed on grading permits requiring a qualified biologist to conduct a training
session for project personnel prior to grading. The training shall include a description of the species of
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concern and its habitats, the general provisions of the Endangered Species Act (Act) and the MSHCP,
the need to adhere to the provisions of the Act and the MSHCP, the penalties associated with violating
the provisions of the Act, the general measures that are being implemented to conserve the species of
concern as they relate to the project, and the access routes to and project site boundaries within which
the project activities must be accomplished.
ii. Water pollution and erosion control plans shall be developed and implemented in accordance with
RWQCB requirements.
iii. The footprint of disturbance shall be minimized to the maximum extent feasible. Access to sites
shall be via pre-existing access routes to the greatest extent possible.
iv. The upstream and downstream limits of projects disturbance plus lateral limits of disturbance on
either side of the stream shall be clearly defined and marked in the field and reviewed by the biologist
prior to initiation of work.
v. Projects should be designed to avoid the placement of equipment and personnel within the stream
channel or on sand and gravel bars, banks, and adjacent upland habitats used by target species of
concern.
vi. Projects that cannot be conducted without placing equipment or personnel in sensitive habitats
should be timed to avoid the breeding season of riparian identified in MSHCP Global Species
Objective No. 7.
vii. When stream flows must be diverted, the diversions shall be conducted using sandbags or other
methods requiring minimal instream impacts. Silt fencing of other sediment trapping materials shall be
installed at the downstream end of construction activity to minimize the transport of sediments off site.
Settling ponds where sediment is collected shall be cleaned out in a manner that prevents the sediment
from reentering the stream. Care shall be exercised when removing silt fences, as feasible, to prevent
debris or sediment from returning to the stream.
viii. Equipment storage, fueling, and staging areas shall be located on upland sites with minimal risks
of direct drainage into riparian areas or other sensitive habitats. These designated areas shall be located
in such a manner as to prevent any runoff from entering sensitive habitat. Necessary precautions shall
be taken to prevent the release of cement or other toxic substances into surface waters. Project related
spills of hazardous materials shall be reported to appropriate entities including but not limited to
applicable jurisdictional city, FWS, and CDFW, RWQCB and shall be cleaned up immediately and
contaminated soils removed to approved disposal areas.
ix. Erodible fill material shall not be deposited into water courses. Brush, loose soils, or other similar
debris material shall not be stockpiled within the stream channel or on its banks.
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x. The qualified project biologist shall monitor construction activities for the duration of the
project to ensure that practicable measures are being employed to avoid incidental disturbance of
habitat and species of concern outside the project footprint.
xi. The removal of native vegetation shall be avoided and minimized to the maximum extent
practicable. Temporary impacts shall be returned to pre-existing contours and revegetated with
appropriate native species.
xii. Exotic species that prey upon or displace target species of concern should be permanently removed
from the site to the extent feasible.
xiii. To avoid attracting predators of the species of concern, the project site shall be kept as clean of
debris as possible. All food related trash items shall be enclosed in sealed containers and regularly
removed from the site(s).
xiv. Construction employees shall strictly limit their activities, vehicles, equipment, and construction
materials to the proposed project footprint and designated staging areas and routes of travel. The
construction area(s) shall be the minimal area necessary to complete the project and shall be specified
in the construction plans. Construction limits will be fenced with orange snow screen. Exclusion
fencing should be maintained until the completion of all construction activities. Employees shall be
instructed that their activities are restricted to the construction areas.
xv. The Permittee shall have the right to access and inspect any sites of approved projects including any
restoration/enhancement area for compliance with project approval conditions, including these BMPs.
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WARREN D. WILLIAMS
General Manager -Chief Engineer
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
City of Temecula July 23, 2015
Planning Department
Post Office Box 9033
Temecula, CA 92589-9033
Attention: Eric Jones
Ladies and Gentlemen: Re: Tract 36483/PA 14-0087
1995 MARKET STREET
RIVERSIDE, CA 92501
951.955.1200
FAX 951.798.9965
www.rcflood.org
171684
The District does not normally 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 normally limited to items of specific interest
to the District including District Master Drainage Plan facilities, other regional flood control and drainage facilities which
could be considered a logical component or extension of a master plan system, and District Area Drainage Plan fees
(development mitigation fees). In addition, information of a general nature is provided.
The District has not reviewed the proposed project in detail and the following comment(s) do not in any way constitute or
imply District approval or endorsement of the proposed project with respect to flood hazard, public health and safety or any
other such issue:
This project proposes channels, storm drains 36 inches or larger in diameter or other facilities that could be
considered regional in nature. The District would consider accepting ownership of such facilities on written
request of the City. Facilities must be constructed to District standards, and District plan check and inspection
will be required for District acceptance. Plan check, inspection and administrative fees will be required.
An encroachment permit shall be obtained for any construction related activities occurring within District
right of way or facilities. For further information, contact the District's encroachment permit section at
951.955.1266.
GENERAL INFORMATION
This project may require a National Pollutant Discharge Elimination System (NPDES) permit from the State Water
Resources Control Board. Clearance for grading, recordation or other final approval should not be given until the City has
determined that the project has been granted a permit or is shown to be exempt.
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 information 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.
If a natural watercourse or mapped flood plain is impacted by this project, the City should require the applicant to obtain a
Section 1602 Agreement from the California Department of Fish and Game and a Clean Water Act Section 404 Permit
from the U.S. Army Corps of Engineers, or written correspondence from these agencies indicating the project is exempt
from these requirements. A Clean Water Act Section 401 Water Quality Certification may be required from the local
California Regional Water Quality Control Board prior to issuance of the Corps 404 permit.
Very truly yours,
HEiV OLIVO
Engineering Project Manager
c: Riverside County Planning Department
Attn: Kristi Lovelady
SKM:blm
WARREN D. WILLIAMS
General Manager -Chief Engineer
1995 MARKET STREET
RIVERSIDE, CA 92501
951.955.1200
FAX 951.788.9965
www.rcflood.org
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
Mr. Luke Watson
Interim Community Development Director
City of Temecula
41000 Main Street
Temecula, CA 92590
Dear Mr. Watson:
January 21, 2016
Re: Plan Check Service Request
Tract No. 36483
Planning Application No. PA 14-0087
Paseo Del Sol
201897
The District has reviewed your letter, dated September 22, 2015, requesting that the District provide plan
check services and subsequently maintenance of storm drain facilities which fall within the District's realm
of maintenance.
The District is willing to perform plan check services and, provided the facility is constructed in
accordance with District engineering, operation and maintenance standards, accept the facility for
ownership, operation and maintenance.
Improvement plan check and subsequent construction inspection services will be performed on a fee for
service basis. The applicant shall complete a plan check application which is located on the District's
%wbsite at A.vwv.%rctlood.org udder Programs & Services, Development Review.
An initial deposit, as designated on the plan check worksheet also located on the District's website at
www.rcflood.oru under Programs & Services, Development Review, Deposit Based Fee Worksheet, shall
accompany the initial submittal. Please keep in mind plan check turnaround time is typically 2-3 weeks
following receipt of the plan submittal/resubmittal. To ensure the plan check is conducted in an
appropriate and timely manner, the District will be requesting copies of the City's conditions of approval,
environmental documents and any other pertinent information with could be beneficial to our plan check
staff. It is imperative that the engineer of record adhere to District drafting and drawing standards as
designated in the hyperlinks below to avoid any misunderstanding and eventual plan check delay. District
standard drawings are available at: bttv://rcflood.orgMesianConstructionDivision.aspx
The District Drafting Manual may be found at: http://reflood.org/DesignConstructionDivision.aspx
201897
Mr. Luke Watson -2- January 21, 2016
Re: Plan Check Service Request
Tract No. 36483
Planning Application No. PA 14-0087
Paseo Del Sol
Additionally, all environmental documents, including applicable CEQA and MSHCP compliance
documents, and all necessary regulatory permits must explicitly address both construction and the
subsequent operation and maintenance of all District maintained facilities. The developer is advised to
provide the District with the opportunity to review all regulatory permit applications prior to submittal to
the resource agencies. All rights of way necessary to access, operate and maintain the District facilities
must be conveyed to the District in a form acceptable to the District.
Prior to commencing construction, a Cooperative Agreement establishing the terms and conditions of
inspection, operation and maintenance of the facility shall be executed between the District, the City of
Temecula, the developer and any other parties directly involved in the design, construction, operation and
maintenance of the proposed District facilities. The Cooperative Agreement application form is located
on the District's website at www.rcflood.ora under Programs & Services, Development Review,
Cooperative Agreement.
Please note that the improvement plans will not be signed prior to the execution of the Cooperative
Agreement. if the improvement plans include smaller storm drains (i.e., 36-inch diameter or less) and
catch basins/curb inlets, the District is willing to review such plans at the City's request; however, the
District will not accept such facilities for operation and maintenance. All correspondence as it relates to
improvement plan check comments will be addressed to the City, and check prints with a copy of the letter
will be forwarded to the engineer of record.
We appreciate the City's efforts to involve the District early on in the development process. Should you
have any question regarding this matter, please contact Henry Olivo at 951.955.1214.
Vcry truly yours,
MARK H. WILLS
Chief of Planning Division
c: City of Temecula
Attn: Eric Jones
Mayra De La Torre
ec: Mark Wills
Henry Olivo
HO:blm
County of Riverside
DEPARTMENT OF ENVIRONMENTAL HEALTH
ENVIRONMENTAL CLEANUP PROGRAMS
P—nq Popk A" d, a..w.
August 25, 2015 SR0031004
Eric Jones
City of Temecula
Community Development Department
PO Box 9033
41000 Main Street
Temecula, CA 92589-9033
Eric. ones(c�cityo ftemecula.org
RE: City of Temecula Planning Application No. PA14-0087, Planning Area 4 - Cal Paseo Del
Sol, LLC (APNs 959-400-001, 959-400-002, 959-400-003)
Dear Mr. Jones,
As a condition of project approval the City of Temecula requires the Riverside County Department of
Environmental Health Environmental Cleanup Programs (RCDEH-ECP) to provide clearance for
PA14-0087. RCDEH-ECP has reviewed the Phase I Environmental Site Assessment Report
(Converse Consultants, April 15, 2015) and the Limited Environmental Soil Testing (Converse
Consultants, August 11, 2015). These environmental site assessment documents present the findings
of the environmental assessment conducted to determine if recognized environmental conditions
exist at the Site.
Based on the information provided in the documents, and with the provision that the information was
accurate and representative of site conditions, RCDEH-ECP concludes that no further environmental
assessment is required for this project. RCDEH-ECP recommends the City of Temecula provide
clearance for PA 14-0087. This clearance pertains only to the environmental site assessment
conducted for this project. Additional clearances may be required from other programs within the
Department.
As with any real property, if a previously unidentified release or threatened release of a hazardous
material or the presence of a naturally occurring hazardous material is discovered during
development at the site, construction activities shall cease and RCDEH-ECP shall be notified
immediately. Additionally, further assessment and/or cleanup may be required.
If you have any questions, please contact me at ayreyes(cyrivcocha.org or (951) 955-8980.
Sincerely,
Reviewed by:
Yvonne Reyes, EHS Sharon Boltinghous
Environmental Health Specialist IV Associate Public Hea th Professional Geologist
cc: Mike L Rust, Newland Real Estate Group, mrustLnewlandco.com
Riverside: 3880 Lemon Street, Suite 200, Riverside, CA 92501 • Phone: (951) 955-8980 • FAX: (951) 955-8988
Indio: 47-950 Arabia Street, Suite A, Indio, CA 92201 • Phone: (760) 863-7570 • FAX: (760) 863-7013
EASTERN MUNICIPAL
WATER DISTRICT
July 15, 2014 _SINCE 1950
Board of Directors Eric Jones
City of Temecula Planning Department
President P.O. Box 9033
Philip E. Paule Temecula, CA 92589-9033
Vice President
Randy A. Record Re: Villages at Paso Del Sol Map. TTM 36483. Project No. PA14-0087.
APN No. 959-400-001
Joseph J. Kuchler, CPA
David J. Slawson
Attn: Eric Jones
Ronald W. Sullivan
The subject project requires sewer service from EMWD. The details of said
General Manager
service connection points will be further detailed in a separate document, known
Paul D. Jones II, P.E.
as EMWD's Plan of Service (POS), to be developed by the project proponent.
Treasurer
Joseph J. Kuebler, CPA
To that end, EMWD requires beginning dialogue with the project proponent at an
Chairman of The
early stage in site design and development, via one -hour complimentary Due
Metropolitan Water
Diligence meeting. To set up this meeting, the project proponent should complete
District ofso.Calif..
a Project Questionnaire (form NBD-058) and submit to EMWD. To download this
Randy A. Record
form or for additional information, please visit our "New Development Process"
Board Secretary and
web page, under the "Businesses" tab at www.emwd.org. This meeting will offer
Assistant to the
the following benefits:
General Manager
Rosemarie V. Howard
1. Describe EMWD's development work -flow process
Legal Counsel
2. Identify project scope and parameters
Lemieux & O'Neill
3. Preliminary, high level review of the project within the context of existing
infrastructure
4. Discuss potential candidacy for recycled water service
Following the Due Diligence meeting, to proceed with this project, a Plan of
Service (POS) will need to be developed by the developer's engineer and
reviewed/approved by EMWD prior to submitting improvement plans for Plan
Check. The POS process will provide the following:
1. Technical evaluation of the project's preliminary design
2. Defined facility requirements, i.e. approved POS
3. Exception: for feasibility evaluation of a purchase acquisition, only a
conceptual facilities assessment may be developed.
If you have any questions or concerns, please do not hesitate to contact me.
Sincerely,�d
Maroun El-Hage, M.S., P. .
Senior Civil Engineer- New Business Dept.- Ext. 4468- El-hagem(Semwd.org
Mailing Address: Post Office Box 8300 Perris, CA 92572-8300 Telephone: (951) 928-3777 Fax: (951) 928-6177
Location: 2270 Trimble Road Perris, CA 92570 Internet: www.emwd.om
vityof TemectAaincoming Faxtrr:9519552767 Page: V2 Date: 6/251201` V:01:53 PM V 1
RIVERSIDE COUNTY
PLANNING DEPAR�NT
Steven Weiss
Planning Director
April 2, 2015
City of Temecula Pl=dng Departi-neat
FAX: (951) 694-6477
,Attention: Eric Jones
RE: Conditions of approval GE002437
City of Temecula Case No. PA14-0087
Villages at Paseo del Sol
Pages 2 (including this cover)
County Geologic Repart(s) GEO No.2437, submitted for this project (PA14-0087) in the City o
Temecula was prepared by Converse Consultants and is entitled- "Updated Geotechnicalf
Investigation Report for a Single Family Residential Development',
Vages atTentative Tract No, 36483' Northwest of Temecula Pkwy and Butterfield Stage Road del Sol,
Temecula, Riverside County, California", dated March 27, 2015. Gity of
In addition, Converse Consultants submitted the following:
"Response to Review Comments County Geologic Report No. GE002437 City of Temecula
Case No. PA14-0087 Villages at Paseo del Sol, Tentative Tract No. 36483 Northwest of
Temecula Pkwy and Butterfield Stage Road, City of Temecula dated May 20, 2016. , Riverside County, California",
And "As -Built Geology and Compaction Report of Rough Grading Tracts 24182 through 24186
and 24188-1 Paseo Gel Sol Master Planned Community Temecula, California",
alifornia dated August
20, 1997
These documents are herein incorporated in GE002437.
GE002437 Concluded;
I. The project site is not located within a currently designated Riverside County or State of
California Earthquake Fault Zone.
2. No i-najor surface fault crosses through or extends towards the site.
3. The potential for surface rupture resulting from the movement of nearby major faults or
currently unknown faults is not known with certainty but is considered low.
4_ Site has a very high susceptibility to liquefaction.
5. Fill slopes less than thirty (30) feet in height are considered to have a low susceptibility
to earthquake -induced failure.
6. The site is not considered to be at risk for lateral spreading.
7. Ground subsidence is expected to be negligible_
8. Tsunamis are not considered to be a risk.
Riverside Office - 4080 Lemon Street, 12th Floor
P.O. Box 1409, Riverside, California 92502-1409 Desert Office 77588 Ell puns Court
(951) 955-3200 - Fax (951) 955-1811 Palm Desert, Fax
963-7
(760} 863-$z77 •Fax (7B0} 883a555
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u L iy of Temeoda mcomioq Fax From: 9519552767 Page: 212 Date: 6`512015 3:01:53 PM L
The potential for flooding due to seiching is considered low.
GEOO2437 Recommended:
1. Prior to the start of any earthwork, the site should be cleared of all vegetation and
debris.
2. Existing soils are not considered suitable for the support of additional fills or structures
and should be overexcavated and recompacted.
It should be noted that no engineering review of this report or formal review of provided
building code information are a park of this review. Formal review of engineering design and
code data will be made by the City of Temecula, as appropriate, at the time of grading and/or
building permit submittal to the city.
Thank you for the opportunity to review this case for the City of Temecula. Please call
me at (951) 955-6863 if you have any questions.
Sincerely,
RIVERSIDE COUNTY PLANNING DEPARTMENT
styie?Nweiss, Planning Director
pavid t--Jones, CEG No. 2283
Chief Engineering Geologist, TLMA-Planning
cc: Converse Consultants, Fax: (909)796-7675
Applicant: Michael Rust/Cal-Paseo Del Sol, LLC, Fax: (858)622-2986
BAGeologffemecula Reviews\GE:002437_ COA PA14-0087,docx
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