HomeMy WebLinkAbout05_053 PC Resolution
PC RESOLUTION NO. 2005-053
A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY
OF TEMECULA APPROVING PLANNING APPLICATION NO.
PA05-0066, A TENTATIVE PARCEL MAP NO. 33545, TO
SUBDIVIDE 20.33 ACRES (4 EXISTING PARCELS) INTO
SEVEN (7) COMMERCIAL PARCELS, LOCATED AT THE
SOUTHEAST CORNER OF HIGHWAY 79 SOUTH AND
BUTTERFIELD STAGE ROAD, KNOWN AS ASSESSOR
PARCEL NUMBERS 952-200-002,011,012,013.
WHEREAS, Michael Schweitzer, Masson and Associates, filed Planning Application No.
PA05-0066, in a manner in accord with the City of Temecula General Plan and Subdivision
Ordinance;
WHEREAS, Planning Application No. PA05-0066 was processed including, but not
limited to a public notice, in the time and manner prescribed by State and local law;
WHEREAS, the Planning Commission. at a regular meeting, considered Planning
Application No. PA05-0066 on July 20, 2005, at a duly noticed public hearing as prescribed by
law, at which time the City staff and interested persons had an opportunity to and did testify
either in support or in opposition to this matter;
WHEREAS, at the conclusion of the Planning Commission Hearing and after due
consideration of the testimony, the Commission approved Planning Application No. PA05-0066
subject to the conditions after finding that the project proposed in Planning Application No.
PA05-0066 conformed to the City of Temecula General Plan;
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA
DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the above recitations are true and correct and are hereby
incorporated by reference.
Section 2. FindinQs. The Planning Commission, in approving Planning Application
No. PA05-0066 (Tentative Parcel Map) hereby makes the following findings as required by
Section 16.09.140 of the Temecula Municipal Code:
A. The proposed subdivision and the design and improvements of the subdivision
are consistent with the Subdivision Ordinance, Development Code, General Plan, and the City
of Temecula Municipal Code.
Staff has reviewed the proposal and finds that Tentative Parcel Map No. 33545 is
consistent with the General Plan, the Subdivision Ordinance, and the Municipal Code in
that the proposed project meets the design standards as required in the General Plan,
Subdivision Ordinance, and the Municipal Code.
B. The tentative map does not divide land which is subject to a contract entered
into pursuant to the California Land Conservation Act of 1965, or the land is subject to a Land
conservation Act contract but the resulting parcels following division of the land will not be too
small to sustain their agricultural use.
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The proposed land division is not land designated for conservation or agricultural use.
C. The site is physically suitable for the type and proposed density of development
proposed by the tentative map.
The project consists of a Parcel Map on property designated for commercial uses,
which is consistent with the General Plan, as well as the development standards in the
Development Code.
D. The design of the subdivision and the proposed improvements, with conditions
of approval, are not likely to cause significant environmental damage or substantially and
avoidably injure fish or wildlife or their habitat.
The project consists of a Parcel Map on property designated for commercial uses,
which is consistent with the General Plan. In addition, staff has prepared an Initial Study
for the Development Plan and found that there are no significant environmental impacts
that will result with the development of this project.
E. The design of the subdivision and the type of improvements are not likely to
cause serious public health problems.
The project has been reviewed and commented on by the Fire Safety Department, the
Public Works Department and the Building and Safety Department. As a result, the
project will be conditioned to address their concerns. Further, provisions are made in
the General Plan and the Development Code to ensure that the public health, safety
and welfare are safeguarded. The project is consistent with these documents.
F. The design of the subdivision provides for future passive or natural heating or
cooling opportunities in the subdivision to the extent feasible.
The proposed Tentative Tract Map will not alter the approved design of the
Development Plan (PA04-0621) or the future buildings.
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.
(Quimby).
The subdivision is consistent. with the City's parkland dedication requirements
This is a map for non-residential use and will not be subject to Quimby fees.
Section 3. Environmental Compliance. The proposed project has been determined
to be consistent with the Negative Declaration related to PA04-0621 and is exempt from further
Environmental Review (CEQA Section 15162 subsequent EIR's and Negative Declarations).
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Section 4. Conditions. That the City of Temecula Planning Commission hereby
approves Planning Application No. PA05-0066 (Tentative Parcel Map 33545) a tentative tract
map to subdivide 20.33 acres (4 existing parcels) into seven (7) commercial parcels located at
on the south east corner of Highway 79 South and Butterfield Stage Road, with the conditions of
approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference
together with any other conditions that may be deemed necessary.
Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula of
Planning Commission this 20th day of July 2005.
ATTEST:
1)t/;/;t~. p-~U7)'~
Debbie Ubnoske, Secretary
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify
that PC Resolution No. 2005-053 was duly and regularly adopted by the Planning Commission
of the City of Temecula at a regular meeting thereof held on the 20th day of July, 2005, by the
following vote:
AYES:
5
PLANNING COMMISSIONERS:
Chiniaeff, Guerriero, Harter,
Mathewson, Telesio
NOES:
o
PLANNING COMMISSIONERS:
None
ABSENT:
o
PLANNING COMMISSIONERS:
None
ABSTAIN:
o
PLANNING COMMISSIONERS:
None
(/)fl fhA - t c. b ,...:J Yf.-..----
Debbie Ubnoske, Secretary
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EXHIBIT A
FINAL CONDITIONS OF APPROVAL
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EXHIBIT A
CITY OF TEMECULA
FINAL CONDITIONS OF APPROVAL
Planning Application No. PA05-0066
Project Description: A Tentative Parcel Map No. 33545, to subdivide 20.33
acres (4 existing parcels) into seven (7) commercial,
located on the southeast corner of Highway 79 South
and Butterfield Stage Road.
Assessor's Parcel Nos.: 952-200-002,011,012,013
Approval Date: July 20, 2005
Expiration Date: July 20, 2007
WITHIN FORTY-EIGHT (48) HOURS OF THE APPROVAL OF THIS PROJECT
Planning Department
1 . The applicant/developer shall deliver to the Planning Department a cashier's check or
money order made payable to the County Clerk in the amount of Sixty-Four Dollars
($64.00) for the County administrative fee, to enable the City to file the Notice of
Exemption as provided under Public Resources Code Section 21108(b) and California
Code of Regulations Section 15062. If within said forty-eight (48) hour period the
applicant/developer has not delivered to the Planning Department the check as required
above, the approval for the project granted shall be void by reason of failure of condition
(Fish and Game Code Section 711.4(c).
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GENERAL REQUIREMENTS
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Planning Department
2. The tentative subdivision shall comply with the State of California Subdivision Map Act
and to all the requirements of Ordinance No. 460, unless modified by the conditions
listed below. A time extension may be approved in accordance with the State Map Act
and City Ordinance, upon written request, if made 60 days prior to the expiration date.
3. The applicant and owner of the real property subject to this condition shall hereby agree
to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's
own selection from any and all claims, actions, awards, judgments, or proceedings
against the City to attack, set aside, annul, or seek monetary damages resulting, directly
or indirectly, from any action in furtherance 01 and the approval of the City, or any
agency or instrumentality thereof, advisory agency, appeal board or legislative body
including actions approved by the voters of the City, concerning the Planning
Application. The City shall be deemed for purposes of this condition, to include any
agency or instrumentality thereof, or any of its elected or appointed officials, officers,
employees, consultants, contractors, legal counsel, and agents. City shall promptly
notify both the applicant and landowner of any claim, action, or proceeding to which this
condition is applicable and shall further cooperate fully in the defense of the action. The
City reserves the right to take any and all action the City deems to be in the best interest
of the City and its citizens in regards to such defense.
4. The applicant shall sign two copies of the final conditions of approval that will be
provided by the Planning Department and return one signed copy to the Planning
Department for their files.
PUBLIC WORKS DEPARTMENT
5. It is understood that the Developer correctly shows on the tentative map all existing and
proposed easements, traveled ways, improvement constraints and drainage courses,
and their omission may require the project to be resubmitted for further review and
revision.
6. A Grading Permit for either rough or precise grading shall be obtained from the
Department 01 Public Works prior to commencement of any construction outside of the
City-maintained road right-ol-way.
7. An Encroachment Permit shall be obtained lrom the Department 01 Public Works prior to
commencement of any construction within an existing or proposed City right-of-way.
8. All improvement plans, grading plans, landscape and irrigation plans shall be
coordinated for consistency with adjacent projects and existing improvements
contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula
mylars.
9. The vehicular movement for the driveway on Highway 79 South shall be restricted to a
right in/right out.
10. The vehicular movement for the northerly driveway on Butterfield Stage Road shall be
restricted to a right in/right out.
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Fire Department
11. Any previous existing conditions for this project or any underlying map will remain in full
force and effect unless superceded by more stringent requirements here.
12.
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.
\
13. The Fire Prevention Bureau is required to set a minimum fire flow for residential land
division per CFC Appendix III.A, Table A-III-A-1. The developer shall provide for this
project, a water system capable of delivering 1500 GPM at 20-PSI residual operating
pressure with a 2-hour duration. The required fire flow may be adjusted during the
approval process to reflect changes in design, construction type, or automatic fire
protection measures as approved by the Fire Prevention Bureau. The Fire Flow as
given above has taken into account all information as provided. (CFC 903.2, Appendix
III-A)
14. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC
Appendix III.B, Table A-III-B-1. Standard fire hydrants (6" x 4" x 21/2" outlets) shall be
located on Fire Department access roads and adjacent public streets. Hydrants shall be
spaced at 500 feet apart, at each intersection and shall be located no more than 250 feet
from any point on the street or Fire Department access road(s) frontage to a hydrant.
The required fire flow shall be available from any adjacent hydrant(s) in the system. The
upgrade of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix
III-B)
15. The Fire Prevention Bureau is required to set a minimum fire flow for commercial land
division per CFC Appendix III-A, Table A-III-A-1. The developer shall provide for this
project, a water system capable of delivering 4000 GPM at 20-PSI residual operating
pressure with a 4 hour duration. The required fire flow may be adjusted during the
approval process to reflect changes in design, construction type, or automatic fire
protection measures as approved by the Fire Prevention Bureau. The Fire Flow as
given above has taken into account all information as provided. (CFC 903.2, Appendix
III-A)
16. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC
Appendix III-B, Table A-III-B-1. Super fire hydrants (6" x 4" x 2-2 1/2" outlets) shall be
located on Fire Department access roads and adjacent public streets. Hydrants shall be
spaced at 350 feet apart, at each intersection and shall be located no more than 210 feet
from any point on the street or Fire Department access road(s) frontage to a hydrant.
The required fire flow shall be available from any adjacent hydrant(s) in the system. The
upgrade of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix
III-B)
17. Maximum cul-de-sac length shall not exceed 1320 feet. Minimum turning radius on any
cul-de-sac shall be thirty-seven (37) feet for residential and forty-five (45) feet for
commercial. (CFC 902.2.2.3, CFC 902.2.2.4)
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18. All traffic calming devices that could impede or slow emergency vehicle access are
prohibited, except those expressly approved by the fire prevention bureau individually on
a case by case basis when they maintain the required travel widths and radii.
19. Cul-de-sacs and/or intersections with planters must maintain 24 foot clear unobstructed
travel width around the planters, not including parking. Hardscape areas are permissible
provided that they meet the 80,000 lb. load requirements and are at road level.
20. Private entry driveways with divider medians must be a minimum of 16 feet wide on
each side unless the median is held back 30 feet from face of curb of perpendicular
road.
21. If construction is phased, each phase shall provide approved access and fire protection
prior to any building construction. (CFC 8704.2 and 902.2.2) This will include all
internal roads, connecting roads between phases, and construction gates. All
required access must be in and available prior to and during ALL construction.
Phasing is approved on a separate map, and is ultimately subject to final approval
in the field.
22. Any existing water system in support of hydrants or fire sprinkler systems that was
installed as a common system serving the property that will now be divided into more
than one parcel will be the responsibility of ALL PARCELS and will be maintained and
repaired by ALL PARCELS in perpetuity.
23. Any existing fire lanes, fire department access roads or gates, or any other apparatus,
appliance or surface used to provide emergency fire department access SHALL BE
LEFT UNALTERED in perpetuity.
24. This parcel when divided shall maintain reciprocal access to all parcels
Community Services
25. The map shall identify the eight (8) foot wide Class I trail along Butterfield Stage Road
and along the south side of Temecula Creek with a connection to a Riverside County
regional trail.
26. The property owner shall provide a public access easement dedication over the both
sections of the Class I trails on the Final Parcel Map.
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PRIOR TO RECORDATION OF THE FINAL MAP
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Planning Department
27. The following shall be submitted to and approved by the Planning Department:
a. A copy of the Final Map.
b. A copy of the Environmental Constraint Sheet (ECS) with the following notes:
i. This property is located within thirty miles (30) of Mount Palomar
Observatory. All proposed outdoor lighting systems shall comply with the
California Institute of Technology, Palomar Observatory
recommendations, Ordinance No. 655.
c. A Reciprocal Use Agreement and maintenance agreement ensuring access to all
parcels and joint maintenance of all roads, drives or parking areas shall be
provided and shall be recorded concurrent with the map.
Public Works Department
28. Prior to Approval of the Parcel Map, unless other timing is indicated, the Developer shall
complete the following or have plans submitted and approved, subdivision improvement
agreements executed and securities posted:
29. As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the following agencies:
a. San Diego Regional Water Quality Control Board
b. Rancho California Water District
c. Eastern Municipal Water District
d. Riverside County Flood Control and Water Conservation District
e. City of Temecula Fire Prevention Bureau
f. Planning Department
g. Department of Public Works
h. Riverside County Health Department
i. Cable TV Franchise
j. Community Services District
k. General Telephone
I. Southern California Edison Company
m. Southern California Gas Company
30. The Developer shall design and guarantee construction of the following public
improvements to City of Temecula General Plan standards unless otherwise noted.
Plans shall be reviewed and approved by the Department of Public Works:
a. Improve Highway 79 South from Butterfield Stage Road to the easterly property
boundary (Urban Arterial Highway Standards - 134' R/W) to include installation of
sidewalk, street lights, drainage facilities, signing and striping, utilities (including
but not limited to water and sewer), and a raised landscaped rnedian.
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b. Improve Butterfield Stage Road from Highway 79 South to the southerly property
boundary (Major Highway Standards - 100' R/W) to include installation of paving,
curb and gutter, sidewalk, street lights, drainage facilities, signing and striping,
utilities (including but not limited to water and sewer), and a raised landscaped
median.
c. The signal at the intersection of Highway 79 South and BlJttorfiolEl Stago RoaG
Wolf Store Road shall be modified to accommodate full movement. (Amended
at the 7/20/05 P.C. Hearing)
31. Unless otherwise approved the following minimum criteria shall be observed in the
design of the street improvement plans:
a. Street centerline grades shall be 0.5% minimum over P.C.C. and 1.00%
minimum over A.C. paving.
b. Driveways shall conform to the applicable City Standard Nos. 207A.
c. Street lights shall be installed along the public streets shall be designed in
accordance with City Standard No. 800, 801, 802 and 803.
d. Concrete sidewalks shall be constructed in accordance with City Standard Nos.
400 and 401.
e. All street and driveway centerline intersections shall be at 90 degrees.
f. Landscaping shall be limited in the corner cut-off area of all intersections and
adjacent to driveways to provide for minimum sight distance and visibility.
g. All utility systems including gas, electric, telephone, water, sewer, and cable TV
shall be provided underground. Easements shall be provided as required where
adequate right-of-way does not exist for installation of the facilities. All utilities
shall be designed and constructed in accordance with City Codes and the utility
provider.
h. All utilities, except electrical lines rated 34kv or greater, shall be installed
underground.
32. A construction area Traffic Control Plan shall be designed by a registered Civil Engineer
and reviewed by the Department of Public Works for any street closure and detour or
other disruption to traffic circulation as required by the Department of Public Works.
33. Relinquish and waive right of access to and from Highway 79 South on the Parcel Map
with the exception of one opening as delineated on the approved Tentative Parcel Map.
34. Relinquish and waive right of access to and from Butterfield Stage Road on the Parcel
Map with the exception of two (2) openings as delineated on the approved Tentative
Parcel Map.
35. An easement for reciprocal ingress/egress shall be provided prior to approval of the
Parcel Map or issuance of building permits, whichever occurs first.
36. An easement for a joint use driveway shall be provided prior to approval of the Parcel
Map or issuance of building permits, whichever occurs first.
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37. Corner property line cut off for vehicular sight distance and installation of pedestrian
facilities shall be provided at all street intersections in accordance with Riverside County
Standard No. 805.
38. All easements and/or right-of-way dedications shall be offered for dedication to the
public or other appropriate agency and shall continue in force until the City accepts or
abandons such offers. All dedications shall be free from all encumbrances as approved
by the Department of Public Works.
39. Pursuant to Section 66493 of the Subdivisio[1 Map Act, any subdivision which is part of
an existing Assessment District must comply with the requirements of said section. Prior
to City Council approval of the Parcel Map\Final Map, the Developer shall make an
application for reapportionment of any assessments with appropriate regulatory agency.
40. Any delinquent property taxes shall be paid.
41. An Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the
Parcel Map to delineate identified environmental concerns and shall be recorded with
the map.
42. The Developer shall comply with all constraints which may be shown upon an
Environmental Constraint Sheet recorded with any underlying maps related to the
subject property.
,43. The Developer shall make a good faith effort to acquire the required off-site property
interests, and if he or she should fail to do so, the Developer shall, prior to submittal of
the Parcel Map for recordation, enter into an agreement to complete the improvements
pursuant to the Subdivision Map Act, Section 66462 and Section 66462.5. Such
agreement shall provide for payment by the Developer of all costs incurred by the City to
acquire the off-site property interests required in connection with the subdivision.
Security of a portion of these costs shall be in the form of a cash deposit in the amount
given in an appraisal report obtained by the Developer, at the Developer's cost. The
appraiser shall have been approved by the City prior to commencement of the appraisal.
44. 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 recordation of the Parcel Map\Final Map
or the issuance of any permit. A permit from Riverside County Flood Control and Water
Conservation District is required for work within their right-of-way.
45. The Developer shall notify the City's cable TV Franchises of the Intent to Develop.
Conduit shall be installed to cable TV Standards at time of street improvements.
46. Private drainage easements for cross-lot drainage shall be required and shall be
delineated and noted on the final map.
47. ,Easements for sidewalks for public uses shall be dedicated to the City where sidewalks
meander through private property.
48. Easements, when required for roadway slopes, landscape easements, drainage
facilities, utilities, etc., shall be shown on the final map if they are located within the land
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division boundary. All offers of dedication and conveyances shall be submitted for
review and recorded as directed by the Department of Public Works. On-site drainage
facilities located outside of road right-ol-way shall be contained within drainage
easements and shown on the final map. A note shall be added to the final map stating
"drainage easements shall be kept free of buildings and obstructions. "
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PRIOR TO ISSUANCE OF GRADING PERMITS
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Department of Public Works
49. As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the following agencies:
a. San Diego Regional Water Quality Control Board
b. Riverside County Flood Control and Water Conservation District
c. Planning Department
d. Department of Public Works
50. A Grading Plan shall be prepared by a registered Civil Engineer in accordance with City
of Temecula standards and approved by the Department of Public Works prior to
commencement of any grading. The plan shall incorporate adequate erosion control
measures to protect the site and adjoining properties from damage due to erosion.
51. A Soils Report shall be prepared by a registered Civil or Soils Engineer and submitted to
the Department of Public Works with the initial grading plan check. The report shall
address all soils conditions of the site, and provide recommendations for the
construction of engineered structures and preliminary pavement sections.
52. A Drainage Study shall be prepared by a registered Civil Engineer and submitted to the
Department of Public Works with the initial grading plan check. The study shall identify
storm water runoff quantities expected from the development of this site and upstream of
the site. It shall identify all existing or proposed off-site or on-site, public or private,
drainage facilities intended to discharge this runoff. Runoff shall be conveyed to an
adequate outfall capable of receiving the storm water runoff without damage to public or
private property. The study shall include a capacity analysis verifying the adequacy of
all facilities. Any upgrading or upsizing of drainage facilities necessary to convey the
storm water runoff shall be provided as part of development of this project. The basis for
analysis and design shall be a storm with a recurrence interval of one hundred years.
53. NPDES - The project proponent shall implement construction-phase and post-
construction pollution prevention measures consistent with the State Water Resources
Control Board (SWRCB) and City of Temecula (City) NPDES programs. Construction-
phase measures shall include Best Management Practices (BMPs) consistent with the
City's Grading, Erosion & Sediment Control Ordinance, the City's standard notes for
Erosion and Sediment Control, and the SWRCB General Permit for Construction
Activities. Post-construction measures shall be required of all Priority Development
Projects as listed in the City's NPDES permit. Priority Development Projects will include
a combination of structural and non-structural onsite source and treatment control BMPs
to prevent contaminants from commingling with stormwater and treat all unfiltered runoff
year-round prior to entering a storm drain. Construction-phase and post-construction
BMPs shall be designed and included into plans for submittal to, and subject to the
approval of, the City Engineer prior to issuance of a Grading Permit. The project
proponent shall also provide proof of a mechanism to ensure ongoing long-term
maintenance of all structural post-construction BMPs.
54. The Developer shall post security and enter into an agreement guaranteeing the grading
and erosion control improvements in conformance with applicable City Standards and
subject to approval by the Department of Public Works.
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55. A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the
Riverside County Flood Control and Water Conservation District by either cashier's
check or money order, prior to issuance of permits, based on the prevailing area
drainage plan fee. If the full Area Drainage Plan fee or mitigation charge has already
been credited to this property, no new charge needs to be paid.
56. The Developer shall obtain letters of approval or easements for any off-site work
performed on adjoining properties. The letters or easements shall be in a format as
directed by the Department of Public Works.
57. The site is in an area identified on the Flood Insurance Rate Maps as Flood Zone "A"
and is subject to flooding of undetermined depths. Prior to the approval of any plans, the
Developer shall demonstrate that the project complies with Chapter 15.12 of the
Temecula Municipal Code for development within Flood Zone "A". A Flood Plain
Development Permit is required prior to issuance of any permit. Residential subdivisions
shall obtain a Letter of Map Revision (LOMR) from the Federal Emergency Management
Agency (FEMA) prior to occupancy of any unit. Commercial subdivisions may obtain a
LOMR at their discretion.
58. Prior to map recordation the applicant shall submit to the Fire Prevention Bureau a
georectified (pursuant to Riverside County standards) digital version of the map
including parcel and street centerline information. The electronic file will be provided in a
ESRI Arclnfo/ArcView compatible format and projected in a State Plane NAD 83
(California Zone VI) coordinate system. The Bureau must accept the data as to
completeness, accuracy and format prior to satisfaction of this condition.
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PRIOR TO ISSUANCE OF BUILDING PERMITS
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Planning Department
59. The applicant shall comply with the recommendations set forth in the Rancho California
Water District's letter dated March 15, 2005, a copy of which is attached.
60. The applicant shall comply with the recommendations set forth in the County of
Riverside Flood Control District's letter dated May 17, 2005, a copy of which is attached.
61. The applicant shall comply with the recommendations set forth in the Pechanga Cultural
Resources letter dated May 27,2005, a copy of which is attached.
Department of Public Works
62. Parcel Map shall be approved and recorded.
63. A Precise Grading Plan shall be submitted to the Department of Public Works for review
and approval. The building pad shall be certified by a registered Civil Engineer for
location and elevation, and the Soils Engineer shall issue a Final Soils Report
addressing compaction and site conditions.
64. Grading of the subject property shall be in accordance with the California Building Code,
the approved grading plan, the conditions of the grading permit, City Grading Standards
and accepted grading construction practices. The final grading plan shall be in
substantial conformance with the approved rough grading plan.
65. The Developer shall pay to the City the Public Facilities Development Impact Fee as
required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and
all Resolutions implementing Chapter 15.06.
66. The Developer shall pay to the City the Western Riverside County Transportation
Uniform Mitigation Fee (TUMF) Program as required by, and in accordance with,
Chapter 15.08 of the Temecula Municipal Code and all Resolutions implementing
Chapter 15.08.
Fire Department
67. Prior to building construction, all locations where structures are to be built shall have
approved temporary Fire Department vehicle access roads for use until permanent
roads are installed. Temporary Fire Department access roads shall be an all weather
surface for 80,000 Ibs. GVW. (CFC 8704.2 and 902.2.2.2)
68. Prior to building final, all locations where structures are to be built shall have approved
Fire Department vehicle access roads to within 150 feet to any portion of the facility or
any portion of an exterior wall of the building(s). Fire Department access roads shall be
an all weather surface designed for 80,000 Ibs. GVW with a minimum AC thickness of
.25 feet. (CFC see 902)
69. Fire Department vehicle access roads shall have an unobstructed width of not less than
twenty-four (24) feet and an unobstructed vertical clearance of not less than thirteen (13)
feet six (6) inches. (CFC 902.2.2.1)
G:\Planning\2005\PA05-0066 Butterfield Ranch Shopping Center-ITM\Planning\Reso and COA's for PC.doc
20
70. Prior to building construction, dead end road ways and streets in excess of one hundred
and fifty (150) feet which have not been completed shall have a turnaround capable of
accommodating fire apparatus. (CFC 902.2.2.4)
71. Prior to building construction, this development and any street within serving more than
35 homes or any commercial developments shall have two (2) points of access, via all-
weather surface roads, as approved by the Fire Prevention Bureau. (CFC 902.2.1)
72. Prior to issuance of building permits, the developer shall furnish one copy of the water
system plans to the Fire Prevention Bureau for approval prior to installation. Plans shall
be: signed by a registered civil engineer; contain a Fire Prevention Bureau approval
signature block; and conform to hydrant type, location, spacing and minimum fire flow
standards. After the plans are signed by the local water company, the originals shall be
presented to the Fire Prevention Bureau for signatures. The required water system
including fire hydrants shall be installed and accepted by the appropriate water agency
prior to any combustible building materials being placed on an individual lot. (CFC
8704.3, 901.2.2.2 and National Fire Protection Association 24 1-4.1)
73. Prior to issuance of building permits, plans for structural protection from vegetation fires
shall be submitted to the Fire Prevention Bureau for review and approval. The measures
shall include, but are not limited to, enclosing eaves, noncombustible barriers (cement or
block walls), and fuel modification zones. (CFC Appendix II-A)
G:\Planning\2005\PA05-0066 Butterfield Ranch Shopping Center-TIM\Planning\Reso and COA's for PC.doc
2\
PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY
G:\Planning\2005\PA05-0066 Butterfield Ranch Shopping Center-TIM\Planning\Reso and COA's for PC.doc
22
Department of Public Works
74. As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the following agencies:
a. Rancho California Water District
b. Eastern Municipal Water District
c. Department of Public Works
75. All necessary certifications and clearances from engineers, utility companies and public
agencies shall be submitted as required by the Department of Public Works.
76. All improvements shall be constructed and completed per the approved plans and City
standards to the satisfaction of the Director of Public Works.
77. The existing improvements shall be reviewed. Any appurtenance damaged or broken
due to the construction operations of this project shall be repaired or removed and
replaced to the satisfaction of the Director of Public Works.
Fire Department
78. Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective
Markers" shall be installed to identify fire hydrant locations. (CFC 901.4.3)
79. All manual and electronic gates on required Fire Department access roads or gates
obstructing Fire Department building access shall be provided with the Knox Rapid entry
system for emergency access by firefighting personnel. (CFC 902.4)
By placing my signature below, I confirm that I have read, understand and accept all of the
above Conditions of Approval. I further understand that the property shall be maintained in
conformance with these conditions of approval and that any changes I may wish to make to the
project shall be subject to Community Development Department approval.
Applicant's Signature
Date
Applicant's Printed Name
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23
Department of Public Works
74. As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the following agencies:
a. Rancho California Water District
b.
Eastern Municipal Water District
Department of Public Works
J
c.
75. All necessary certifications and clearances from engineers, utility companies and public
agencies shall be submitted as required by the Department of Public Works.
76. All improvements shall be constructed and completed per the approved plans and City
standards to the satisfaction of the Director of Public Works.
77. The existing improvements shall be reviewed. Any appurtenance damaged or broken
due to the construction operations of this project shall be repaired or removed and
replaced to the satisfaction of the Director of Public Works.
Fire Department
78. Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective
Markers" shall be installed to identify fire hydrant locations. (CFC 901.4.3)
79. All manual and electronic gates on required Fire Department access roads or gates
obstructing Fire Department building access shall be provided with the Knox Rapid entry
system for ernergency access by firefighting personnel. (CFC 902.4)
By placing my signature below, I confirm that I have read, understand and accept all of the
above Conditions of Approval. I further understand that the property shall be maintained in
conformance with these conditions of approval and that any changes I may wish to make to the
project shall be subject to Community Development Department approval.
Applicant's Signature
Date
Applicant's Printed Name
G:\Planning\2005\PA05-0066 Butterfield Ranch Shopping Center-TfM\Planning\Reso and COA's fOf PC,doc
23
OUTSIDE AGENCIES
G:\Planning\2005\PA05-0066 Butterfield Ranch Shopping Center-TTM\Planning\Reso and COA's for PC.doc
24
r@
ILanchD
Water
R"ardnfDirecIOT-
Csaba F. Ko
Pr...~idl'nl
Ben R. nrake
Sr. Vie-ePn'sidelll
Stephen J. Corona
Ralph II. Daily
Lisa 1>. Herman
.John E. HoaRhnd
Michael R McMillan
Omcers"
Brian J. Brad)'
\.1'1I"H1I/11anagt!f
Phillip L. Forhes
DirertorofFinance.TreflHlrer
E.P. 'Bob~ Lemon.';
Uircctorof Enlfinl:'f:'ring
Perry R. Louck
DiredorofP1RIlninl1
Jeff D. ATmstronil'
Controller
Linda M. Fregoso
Di~tTicl Secr<'t:lD'!Arlministl'Ati\'1'
Ser"ircsMilnager
C. Michael Cowett
Best Best & Krieger LLP
GencmlColln,.;cl
March 15,2005
MAR 1 8 2005
Christine Damko, Project Planner
City of Temecula
Planning Department
Post Office Box 9033
Temecula, CA 92589-9033
SUBJECT: WATER AVAILABILITY
TENTATIVE PARCEL MAP NO. XXXXX
BUTTERFIELD RANCH SHOPPING CENTER
PARCEL 1 THROUGH PARCEL 4 OF PARCEL MAP
NO. 17782; APN 952-200-002 THROUGH APN 952-200-013
P A05-0066 [MASSON & ASSOCIATES, INc.]
Dear Ms. Damko:
Please be advised that the above-referenced property is located within the
boundaries of Rancho California Water District (RCWD). Water service,
therefore, would be available upon construction of any required on-site and/or
off-site water facilities and the completion of financial arrangements between
RCWD and the property owner.
If fire protection is required, the customer will need to contact RCWD for fees
and requirements. Water availability would be contingent upon the property
owner signing an Agency Agreement that assigns water management rights, if
any, to RCWD.
RCWD owns and operates a production well and a pumping station at the
southeast comer of State Highway 79 South and Butterfield Stage Road. These
facilities must remain in operation at all times. The developer should consult
with RCWD regarding facility access and maintenance requirements.
This project has the potential to become a commercial condominium
development with individual building owners and an Owner's Association
maintaining the common property and private water, fire protection and
landscape irrigation facilities. RCWD requires that the City of Temecula
include a Reciprocal Easement and Maintenance Agreement for these on-site
private water facilities, as a condition of approval for the project. In addition to
this agreement, RCWD would require individual water meters for each
condominium unit.
4~ (Qih
~y I",!. UANCIIO
,l.~~ C^LIFOH.NI.~
" ''\,'ATt-:I~
~ IJlSTH.ICT
tI,..,,,._,.,.."..,.,.....,...
.,,,,.,,>,.,
Rancho California Water District
-42135 Winrhl'~lcr R,,;'Id . Po~1 OfficI' Box 9017 . Tf'm('culll. Calill>rnia 92.='''9-9UI7 . '95lJ 29(i.690Cl . F.~X (951) 296.61';60
1----
Christine DamkolCily of Temeenla
Mareh 15, 2005
Page Two
The project should be conditioned to use recycled water for landscape irrigation.
for the use ofrecycled water are available from RCWD.
Requirements
If you should have any questions, please contact an Engineering Services Representative at this
office at (951) 296-6900.
Sincerely,
RANCHO CALIFORNIA WATER DISTRICT
-m;/ /J
(f ~'h.
Michael G. Meyerpeter, P .
Development Engineering Manager
OSIMM:ac063\FCE
c: Laurie Williams, Engineering Services Supervisor
Rancho California Watf'r [)i~tricl
421:r, Willrhc!'l(,l" n"ild . Po~! Onin' Box 901, . T,'mcclIla. ClIifurnia 9l589-~JOI7 . ,!l"I' :.!!!(j.fi!lOO . FAX (~~,II 'l9~.!;~()1)
I
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<->1 ,UI v...... 0.-'.............'. .-......... .....
. ......._............,..... ... --. .. .-- -
MAY. 18.2005 9:31AM
WARREND. WIllIAMS
Gena-al Manager..chicfEngineer
NO. 097 P.2/3
1995 MARKET STREET
RIVERSIDE, CA 92501
951.955.1200
951.788.9965 FAX
93845.1
RlVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
May 17, 2005
~
Ms. Christine Damico
City of Temecula
Planning Department
Post Office Box 9033
Temecula, California 92589-9033
Dear Ms. Damko;
Re: PA 05-0066
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 conunentslreconunendations
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 ofa general nature is provided.
The District has not reviewed the proposed project in detail and the following comment does 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 and/or a logical extension of Temecu1a Creek
Channel. 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.
In accordance with Assessment District 159, a drainage easement should be set aside (along the
eastern boundary) to allow conveyance of flow from the north side of Highway 79 to Temecula
Creek.
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 infonnation
required to meet FEMA requirements, and should further require that the applicant obtain a
Conditional Letter of Map Revision (CLOMR) prior to grading, recordation or other final approval of
the project, and a Letter of Map Revision (LOMR) prior to occupancy.
t1c......c..J.vc.l...I~ QI 'OI\..lU ""..;0\..1........" --......... ...... ................;..............., ....--, . ,.-- -
MAY.18.2005 9:31AM.
NO. 1397
P.3/3
93845.1
Ms. Christine Damko
Re: PA 05-0066
-2-
May 17,2005
The applicant shall show written proof of compliance with the Multiple Species Habitat Conservation
Plan (MSHCP) for any drainage facilities the applicant proposes to be maintained by the District. All
applicable CEQA and MSHCP documents and permits shall address the construction, operation and
maintenance of all onsite and off site drainage facilities. Draft CEQA documents shall be forwarded to
the District during the public review period.
If a natural watercourse or mapped floodplain is impacted by this project, the City should require the
applicant to obtain all applicable Federal, State and local regulatory permits. These regulatory permits
include, but are not limited to: a Section 404 Permit issued by the U.S. Army Corps of Engineers in
compliance with Section 404 of the Clean Water Act, a Califomia State Department ofFish and Game
Streambed Alteration Agreement in compliance with the Fish and Game Code Section 1600 et seq.,
and a 401 Water Quality Certification or a Report of Waste Discharge Requirements in compliance
with Section 401 of the Clean Water Act or State Porter Cologne Water Quality Act, respectively, from
the appropriate Regional Water Quality Control Board, The applicant shall also be responsible for
complying with all mitigation measures as required under CEQA and all Federal, State, and local
environmental rules and regulations.
Very truly yours,
~ay
ARTURO DIAZ
Senior Civil Engineer
c: Riverside County Planning Department
Attn: David Mares
AM:blj
Chairperson:
Germaine Arenas
PECHANGA CULTURAL RESOURCES
Temecula Band of Luiseiio Mission Indians
Vice Chairperson:
Mary Bear Magee
.------------ .-.-----
Committee Members:
Raymond Basquez, Sr.
Evie Gerber
Darlene Azzarelli
Bridgett Barcello Maxwell
Frances Villalobos
Post Office Box 2183 . Temecula, CA 92593
Telephone (909) 308-9295 . Fax (909) 506-9491
May 27, 2005
Monitor Supervisor:
Aurelia MarrufTo
JUL 0 Ii 2005
Director:
Gary DuBois
Ms. Christine Damko, Project Planner
City ofTemecula Planning Department
PO Box 9033 -----------.-----
Temecula, CA 92589-9033
Re: Comments on Pre-DRC Notice for Tentative Tract Map for the Butterfield
Ranch Shopping Center - P A 05-0066
Dear Ms. Damko,
This comment letter is submitted by the Pechanga Band of Luiseiio Indians (hereinafter,
"Pechanga Tribe"), ,a federally recognized Indian tribe and sovereign government. The Pechanga
Tribe is formally requesting, pursuant to Public Resources Code 921092.2, to be notified and
involved in the entire CEQA environmental review process for the duration of the above
referenced project (the "Project").
I
I
We submit the following comments on the above listed document for the Project.
Additional comments may be submitted directly by Pechanga or through their attorneys. We
request that all such comments be part of the official record for the approval of this Project.
We also request that the County provide us wiih copies of all archeological studieti,
reports, site records, proposed testing plans, and proposed mitigation measures, and conditions as
soon as they become available, for our comment. '
THE LEAD AGENCY MUST INCLUDE AND CONSULT WITH THE TRIBE IN ITS
REVIEW PROCESS
I
I
'---r----.---'---'---------n----'------
!
Sacred Is The Duty Trusted Unto Our Care And With Honor We Rise To The Need
Pechanga comment letter to City of Temecula Planning Department
RE: Comments on Butterfield Ranch Shopping Center Tract Map
Page 2
It has been the intent of the Federal Governmentl and the State ofCalifornia2 that Indian
tribes be consulted with regard to issues which impact cultural and spiritual resources, as well as
other governmental concerns. The responsibility to consult with Indian tribes stems from the
unique government-to-government relationship between the United States and Indian tribes. This
arises when tribal interests are affected by the actions of governmental agencies and departments
such as approval of Specific Plans and EIRs. In this case, it is undisputed that the project lies
within the Luisefio tribe's traditional territory. Therefore, in order to comply with CEQA and
other applicable Federal and California law, it is imperative that the Lead Agency and the Project
applicant consult with the Tribe in order to guarantee an adequate basis of knowledge for an
appropriate evaluation of the project effects, as well as generating adequate mitigation measures.
PROJECT IMPACTS TO CULTURAL RESOURCES
The Pechanga Tribe is not opposed to this development project. The Pechanga Tribe's
primary concerns stem from the project's likely impacts on Native American cultural resources.
The Pechanga Tribe is concerned about both the protection of unique and irreplaceable cultural
resources, such as Luisefio village sites and archaeological items which would be displaced by
ground-disturbing work on the project, and on the proper and lawful treatment of cultural items,
Native American human remains and sacred items likely to be discovered in the course of the
work. The Tribe would also like to point out that a preferred method of treatment for
archeological sites according to the CEQA is avoidance (California Public Resources Code
921083.1), and that this is in agreement with the Tribe's practices and policies concerning
cultural resources.
The Pechanga Tribe asserts that the Project area is part of the Pechanga Tribe's aboriginal
territory, as evidenced by the existence of Luisefio place names rock-art pictographs,
petroglyphs, and an extensive artifact record in the vicinity of the Project. Given this threshold
for scope ofPechanga traditional territory, the Pechanga Tribe is concerned about the potential
impacts to Luisefio/Pechanga resources which may occur throughout the Project area. The
Pechanga Tribe contends that the Project area is likely to contain cultural resources due to the
fact that approximately eight (8) sites are recorded within a I-mile radius. Given all the
information, there is a very strong likelihood oflocating sub-surface resources during ground
disturbing activities.
In addition, this Project is in close proximity to the Temecula Creek, which is a very well
known and documented habitation area for the Luisefio/Pechanga people. The entire corridor of
Hwy 79, with the width of that corridor extending from the Temecula Creek to Pauba Road to
the north is a travel and trade route, as well as containing permanent habitation routes along the
1 See Executive Memorandum of April 29, 1994 on Government-to-Government Relations with Native American
Tribal Governments and Executive Order of November 6,2000 on Consultation and Coordination with Indian Tribal
Govenunents.
2 See California Public Resource Code ~5097.9 et seq.
Pechanga comment letter to City ofTemecula Planning Department
RE: Comments on Butterfield Ranch Shopping Center Tract Map
Page 3
length of it. In addition to the habitation areas along this corridor, there are many burial and
ceremonial areas. It is important to note that human remains have previously been found on an
adjacent parcel to this tract, the exact nature of which will be disclosed to the City during
consultation with the Tribe. This area which comprised the tract map is located in an' extremely
culturally sensitive area to the Pechanga Tribe, and the cultural significance must be taken into
account when evaluating project environmental impacts.
The Pechanga Tribe's knowledge of the continuous occupation of the Luisefio people in
this geographical area for thousands of years, through their stories and songs, are cultural
evidence that subsurface sites may exist in this Project area. Therefore, the Pechanga Tribe
requests that in the case of discovery of new or additional sites or resources, that the Lead
Agency re-evaluate the Project impacts to cultural resources and adopt appropriate mitigation
measures to address such. The Pechanga Tribe intends to assert its legal rights with respect to
additional finds of significant sites or cultural resources which are of sacred and ceremonial
significance to the Pechanga Tribe.
Given that Luiseno cultural resources will likely be affected by the Project, the Pechanga
Tribe must be allowed to be involved and participate with the Lead Agency and the Project
Applicant in developing all monitoring and mitigation plans for the duration of the Project.
Further, given the potential for archaeological resources within the Project area, it is the position
of the Pechanga Tribe that Pechanga tribal monitors should be required to be present during all
ground-disturbing activities conducted in connection with the project, including any
archeological testing performed. It is further the position of the Pechanga Tribe that an
Agreement regarding appropriate treatment of cultural resources be drafted and entered into.
Further, the Pechanga Tribe believes that if human remains are discovered, State law
would apply and the mitigation measures for the permit must account for this. According to the
California Public Resources Code, S 5097.98, if Native American human remains are
discovered, the Native American Heritage commission must name a "most likely descendant,"
who shall be consulted as to the appropriate disposition of the remains. Given the Project's
location in Pechanga territory, the Pechanga Tribe intends to assert its right pursuant to
California law with regard to any remains or items discovered in the course of this project. And,
accordingly, the Pechanga Tribe further requests that the Lead Agency work with the Tribe to
draft an agreement which would address any inadvertent discoveries of cultural resources,
including human remains.
Also, surveys and grading may reveal significant archaeological resources and sites
which may be eligible for inclusion in the historic site register, and may contain human remains
or sacred items. Therefore, we request that the Lead Agency commit to evaluating Project
environmental impacts to any cultural sites that are discovered during archeological testing and
grading, and to adopt appropriate mitigation for such sites, in consultation with the Pechanga
Tribe.
REOUESTED MITIGATION
Pechanga comment letter to City of Temecula Planning Department
RE: Comments on Butterfield Ranch Shopping Center Tract Map
Page 4
The Tribe requests that appropriate assessment of the archeological and cultural resources
on the Project property be evaluated to determine significant and appropriate treatment by a
qualified archeologist in conjunction with the Pechanga Tribe. Any such testing should involve
the Tribe, and all tests to determine impacts should be completed prior to Project approval.
For the reasons above, the Pechanga Tribe requests the following mitigation measures be
adopted at the present time. Upon completion of a thorough archeological assessment additional
mitigation measures may be necessary.
I. Prior to the issuance of grading permits, the Project ApplicantJDeveloper is
required to enter into a Pre-Excavation Agreement with the Pechanga Band of Luiseiio Indians.
This Agreement will address the treatment and disposition of cultural resources and human
remains that may be uncovered during construction as well as provisions for tribal monitors.
2. Tribal monitors from the Pechanga Band of Luiseiio Indians shall be allowed to
monitor all grading, excavation and ground-breaking activities within native soils in the Tribe's
aboriginal territory, including further surveys, to be compensated by the Project
ApplicantJDeveloper. The Pechanga Tribal monitors will have the authority to temporarily stop
and redirect grading activities to evaluate the significance of any archaeological resources
discovered on the property, in conjunction with the archeologist and the Lead Agency.
4. The landowner agrees to relinquish ownership of all cultural resources, including
all Luiseiio sacred items, burial goods and all archeological artifacts that are found on the Project
area to the Pechanga Band of Luiseiio Indians for proper treatment and disposition.
5. All sacred sites within the Project area are to be avoided and preserved.
The Pechanga Tribe looks forward to working together with City of Temecula Planning
Department, the Lead Agency and other interested agencies in protecting the invaluable Luiseiio
cultural resources found in the Project area. If you have any questions, please do not hesitate to
contact me at (951) 308-9295 or Laura Miranda at (951) 676-2768, Ext. 2137. Thank you for the
opportunity to submit these comments.
Sincerely,
1
it ~(jU{a E. 1JrufJ/;C'
Stephanie Gordin
Cultural Analyst