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Home My WebLink About06_006 PC Resolution PC RESOLUTION NO. 06-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA04-0490, VESTING TENTATIVE TRACT MAP; PA04- 0491, CONDITIONAL USE PERMIT; AND PA04-0492, DEVELOPMENT PLAN (PRODUCT REVIEW) FOR THE DEVELOPMENT OF 96 SINGLE-FAMILY UNITS, 96 TRI-PLEX UNITS, AND 236 FOUR-PLEX UNITS (428 TOTAL UNITS) LOCATED AT THE NORTH EASTERN CORNER OF THE INTERSECTION OF LOMA LINDA ROAD AND TEMECULA LANE WHEREAS, Continental Residential Inc., filed Planning Application No.'s PA04-0490, PA04-0491, and PA04-0492, in a manner in accord with the City of Temecula General Plan and Development Code; WHEREAS, Planning Application Nos. PA04-0490, PA04-0491, and PA04-0492 were processed including, but not limited to a public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission, at a regular meeting, considered Planning Application No.'s PA04-0490, PA04-0491, and PA04-0492 on December 14, 2005, and on January 18, 2006 at duly noticed public hearings as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter; WHEREAS, at the conclusion of the Planning Commission Hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No.'s PA04-0490, PA04-0491, and PA04-0492 subject to the conditions after finding that the project proposed in Planning Application No.'s PA04-0490, PA04-0491, PA04-0492 conformed to the City of Temecula General Plan and Development Code; . 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. Findinas. The Planning Commission, in approving Planning Application No. PA04-0490 (Vesting Tentative Tract Map), PA 04-0491 (Conditional Use Permit), and PA 04-0492 (Development Plan) hereby makes the following findings as required by Section 17.05.01 OF of the Temecula Municipal Code: Tentative Tract Map (Code Section 16.09.1400) A. The proposed subdivision and the design and improvements of the subdivision are consistent with the Development Code, General Plan, the Subdivision Ordinance and the City of Temecula Municipal Code; R:IT M\2004104-0490 31946 Temecula LanelF1NAL RESO AND COA'S.doc 1 Vesting Tentative Tract Map No. 31946 is consistent with the General Plan, the Subdivision Ordinance, the Development Code, and the Municipal Code because the project has been designed in a manner that it is consistent with the General Plan, Subdivision Ordinance, Development Code, and the Municipal Code. B. The tentative map does not propose to divide land, which is subject to a contract entered to pursuant to the California Land Conservation Act of 1965; This project is not located with the Williamson Act, and therefore does not propose to subdivide land that has been entered into an Agricultural Contract. C. The site is physically suitable for the type and proposed density of development proposed by the tentative map; The project consists of a 107-lot 428 total residential units) Vesting Tentative Tract Map on property designated for high density residential uses (a portion which should be affordable housing), which is consistent with the General Plan. D. The design of the subdivision and the proposed improvements, with conditions of approval, will not be likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat; A Mitigated Negative Declaration was approved for the stockpile and grading permit, which addressed environmental impacts on the site. Mitigation measures (described in the Mitigation Monitoring Program), have been incorporated as conditions for this application, as appropriate. The application is consistent with the project description analyzed in the Mitigated Negative Declaration and no subsequent environmental review is necessary per Section 15162 of the California Environmental Quality Act. E. The design of the subdivision and the type of improvements are not likely to cause serious public health problems; The project has been reviewed and commented on by the Fire Prevention Division and the Building & Safety Division. As a result, the project will be conditioned to address their concerns. Further, provisions are made in the General Plan and the Development Code to ensure that the public health, safety and welfare are safeguarded. The project is consistent with these documents. . F. The design of the subdivision provides for future passive or natural heating or coolin'g opportunities in the subdivision to the extent feasible; The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible. Prior to the construction of single- family residences the applicant will be required to submit building plans to the Building Department that comply with the Uniform Building Code, which contains requirements for energy conservation. G. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. All required rights-of-way and easements have been provided on the Vesting Tentative Map. The Public Works Department and Community Services District have reviewed the R:IT M\2004104-0490 31946 Temecul. LanelF1NAL RESO AND COA'S.doc2 proposed division of land and adequate conditions and/or modifications have been made to the Vesting Tentative Tract Map. H. (Quimby). The subdivision is consistent with the City's parkland dedication requirements Appropriate parkland dedication and in-lieu fees will be required as a Condition of Approval. Conditional Use Permit (Code Section 17.04.010.E) A. The proposed conditional use is consistent with the General Plan and the Development Code; The proposed conditional use is compatible with the nature, conditions and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings, or structures. According to Section 17.10.020.3 of the Development Code and Section H-36 of the General Plan, affordable residential housing is permitted in the Professional Office (PO) zone with an approved Conditional Use Permit. The development will set aside 86 of the 118 two-bedroom homes (20 percent of the total proposed units) located within the four-plex portion of the site for buyers with moderate incomes. This project is in compliance with the Government Code low income requirements and the Development Code. B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and struptures and the proposed conditional use will not adversely affect the adjacent uses, buildings, or structures; The proposed conditional use is compatible with adjacent land uses as defined in the General Plan. Staff has reviewed the proposed residential use against the adjacent land uses and has determined that the proposed use will be consistent with the surrounding uses. The area in which the project is to be located is near existing residential uses. The proposed use will not adversely affect any of the surrounding uses because the project proposes a residential use surrounded by existing residential uses. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in this Development Code and required by Planning Commission or Council in order to integrate the use with other uses in the neighborhood; The proposed project is consistent with the Development Code and Design Guidelines for the City of Temecula. Staff has reviewed the proposed project to determine consistency with the Development Code and has found that the project meets all of the applicable requirements. The site is adequate in size and shape to accommodate the proposed residential project without affecting the yard, parking and loading, landscaping, and other development features required,by the Development Code in order to integrate the use with other uses on the site and in the neighborhood. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; R:IT M\2004104-0490 31946 Temecula LanelF1NAL RESO AND COA'S.doc3 Staff has reviewed the proposed residential use and found that it wHl not be detrimental to the health, safety, or general welfare of the community. Fire Prevention has reviewed circulation and drive aisle widths and has determined that the site will able to be adequately served by the Fire Department in an emergency situation. Development Plan (Code Section H.05.010F) A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of state law and other ordinances of the City; The proposed multi and single-family development is permitted in the Professional Office Use designation standards contained in the City's Development Code. The Development Code states that a residential use is permitted if affordable housing is provided on the portion of the project. The site is properly planned and zoned, and as conditioned, is physically suitable for the type and density of residential development proposed. The project, as conditioned, is also consistent with other applicable requirements of State law and local ordinances, including the California Environmental Quality Act (CEQA), and fire and building codes. According to Section 17.10.020.3 of the Development Code and Section H-36 of the General Plan, affordable residential housing is permitted in the Professional Office (PO) zone with an approved Conditional Use Permit. The development will set aside 86 of the 118 two-bedroom homes (20 percent of the total proposed units) located within the four-plex portion of the site for buyers with moderate incomes. This project is in compliance with the Government Code low income requirements and the Development Code. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare; The overall design of the single-family homes and multi-family development, including the site, building, parking, circulation and other associated site improvements, is consistent with, and intended to protect the health and safety of those living and working in and around the site. The project has been reviewed for, and as conditioned, has been found to be consistent with all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety and welfare. Section 3. Environmental Comoliance. A Notice of Determination .for Planning Application No.'s PA 04-0490, PA04-0491, and PA 04-0492 was prepared per the California Environmental Quality Act Guidelines Section 15162. In accordance with the California Environmental Quality Act, the proposed Project is exempt from further environmental review and a Notice of Determination will be issued in compliance with CEQA Section 15162 _ Subsequent Negative Declaration. Section 4. Conditions. That the City of Temecula Planning Commission hereby approves Planning Application No.'s PA04-0490, a Vesting Tentative Tract Map, PA04-0491, Conditional Use Permit, and PA04-0492 a Development Plan (Product Review) for 428 residential units, subject to the conditions of approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference together with any other conditions that may be deemed necessary.! R:IT Ml2004104-0490 31946 Temecul. LanelF1NAL RESO AND COA'S.d0c4 L Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 18th day of January 2006. WlhAt - Davf(J Mathewson, Chairman ATTEST: 't6~ l#~~ Debbie Ubnoske, Secretary [SEAL] 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. 06-06 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 18th day of January 2006, by the following vote of the Commission: . AYES: 3 PLANNING COMMISSIONERS: Guerriero, Harter, Telesio NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 2 PLANNING COMMISSIONERS: Chiniaeff, Mathewson ABSTAIN: 0 PLANNING COMMISSIONERS: None 72 eJ;4 ~~<;/c- Debbie Ubnoske, Secretary R:IT M\2004104-0490 31946 Temecula LanelF1NAL RESO AND COA'S.doc5 EXHIBIT A CITY OF TEMECULA SECOND REVISED FINAL CONDITIONS OF APPROVAL Planning Application No.: PA04-0490 Project Description: A Vesting Tentative Tract Map to create 96 residential home lots, one condominium lot for proposed four- plex units, one condominium lot for proposed tri- plexlsix-plex units, and nine open space lots located at the north eastern corner of the intersection of Loma Linda Road and Temecula Lane. DIF Category: TUMF: Residential (attached and detached) Residential (single and multi-family) MSHCP Category: Residential Tentative Tract No.: TM 31946 Expiration Date: January 18, 2006 January 18, 2009 Approval Date: WITHIN 48 HOURS OF THE APPROVAL OF THIS PROJECT Planning Department 1. The applicant shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty-Four Dollars ($64.00) for the County administrative fee. to enable the City to file the Notice of Determination as provided under Public Resources Code Section 21108(b) and California Code of Regulations Section 15062. If within said forly-eight (48) hour period the applicant has not delivered to the Planning Department the check as required above. the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c). . R:\T Ml2004104-0490 31946 Temecul. LaneIFINAL RESO AND COA'S - REVISED #2.doc7 GENERAL REQUIREMENTS R:\T M\2004\04-0490 31946 Temecula LanelFlNAL RESO AND COA'S - REVISED #2.doc8 Planning Department 2. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own 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 of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. 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. 3. The project and all subsequent projects within this site shall comply with all mitigation measures identified within the Negative Declaration for PA04-0496, and the approved Mitigation Monitoring Program (attached) thereof. ' 4. This approval shall in no way limit the City or other regulatory or service agencies from applying additional requirements and/or conditions consistent with applicable policies and standards upon the review of grading, building and other necessary permits and approvals for the project. 5. This approval shall be used within three years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the three-year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. 6. The development of the premises shall substantially conform to the approved plans, contained on file with the Planning Department. 7. The applicant shall sign both copies of the final conditions of approval that will be provided by the Planning Department staff, and return one signed set to the Planning Department for their files. 8. Fire Hydrants shall be installed prior to the start of any construction at the site. 9. Driveway widths shall comply with the driveway width requirements per City Standards. In order to allow for adequate street parking, the driveway widths at curbs will be limited to 24' maximum. 10. If, during construction, cultural resources are encountered, work shall be halted or diverted in the immediate area while a qualified archaeologist evaluates the finds and makes recommendations. In addition, the developer will coordinate with the Pechanga Band of Luiseiio Mission Indians to allow a representative of the Pechanga Band to monitor and participate in archaeological investigations if and when resources are R:\T Ml2004104-Q490 31946 Temecula LanelFINAL RESO AND COA'S - REVISED #2.doc9 encountered,. including participation in discussions regarding the disposition of cultural items and artifacts. 11. The Owner shall, without economic or other contribution by the City, identify, construct and thereafter maintain not less than 86 of the two bedroom homes in the four-plex component units for and as affordable housing units. The term "affordable housing unit" shall have the same meaning as is set forth in the Temecula Municipal Code. The units shall be maintained as affordable units by means of a written agreement and covenant/deed restriction that burdens the title to the subject property for the benefit of City, for the purpose of ensuring that the units are maintained as affordable for not less than 55 years. The form of agreement and covenant/deed restriction shall, for the City, be subject to the approval of the City Manager and City Attorney. The agreement shall specify, in addition to all other terms deemed necessary by the City and Owner to effectuate the intent of the parties, that 86 of two bedroom units shall be maintained as affordable. The affordable units shall be allocated to the low income categories as defined in Health and Safety Code ~50079.5. The Owner shall reimburse the City its reasonable cost of preparing the Agreements including attorney fees and staff time. No building permit shall be issued by the City for any of the development authorized by this Resolution until the Agreements have been executed by the parties and the covenant/deed restriction submitted for recordation by the County of Riverside Recorder's Office. Fire Prevention 12. Any and all previous existing conditions for this project will remain in full force and effect unless superceded by more stringent requirements here. 13. Final fire and life safety conditions will be addressed when builCling 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. 14. 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) 15. 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 R:\TM\2004I04-0490 31946 Temecu1a LanelFINAL RESO AND COA'S - REVISED #2.doclO upgrade of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix III-B) 16. If construction is phased, each phase shall provide approved access and fire protection prior to any building construction. (CFC 8704.2 and 902.2.2) 17. Prior to building final, all locations where structures are to be built shall have approved Fire Department vehicle access roads to within 150 feet to any portion of the facility or any portion of an exterior wall of the building(s). Fire Department access roads shall be an all weather surface designed for 80,000 Ibs. GVW with a minimum AC thickness of .25 feet. (CFC see 902 and Ord 99-14) 18. 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 and Ord 99-14) 19. 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) 20. Prior to building construction, this development, and any street serving more than 35 homes shall have two (2) points of access, via all-weather surface roads, as approved by the Fire Prevention Bureau. (CFC 902.2.1) 21. Prior to issuance of building permits, the developer shall furnish one copy of the water system plans to the Fire Prevention Bureau for approval prior to installation. Plans shall be signed by a 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) 22. 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) 23. All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by firefighting personnel. (CFC 902.4) 24. Prior to map recordation the 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. R:\T M\2004104-0490 31946 Temecul. LaneIFINAL RESO AND COA'S - REVISED #2.docll Community Services Department 25. All landscaped areas, open space, recreational facilities and amenities, entry monumentation and fencing shall be maintained by the Homeowners Association (HOA). 26. The developer shall contact the TCSD Maintenance Superintendent for a pre-design meeting to obtain TCSD design specifications for the Class I multi-use trails along Temecula Creek, Loma Linda Drive and the east side of the project. 27. Construction of the future TCSD maintained Class I multi-use trails shall commence pursuant to a pre-construction meeting with the developer and TCSD Maintenance Superintendent. Failurtl to comply with the TCSD construction specifications/details, review and inspection process may preclude acceptance of the multi-use trails into the TCSD maintenance program. 28. The developer, the developer's successor or assignee, shall be responsible for the maintenance of the Class I multi-use trails until such time as those responsibilities are accepted by the TCSD or other responsible party. Public Works Department 29. It is understood that the Developer correctly shows on the tentative map all existing and proposed easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. 30. A Grading Permit for either rough or precise grading shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained road right-of-way. 31. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. 32. All improvement plans and grading plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. R:\T Ml2004\04-0490 31946 Temecula LanelFINAL RESO AND COA'S - REVISED #2.docI2 PRIOR TO FINAL MAP RECORDING R:\T M\2004104.()490 31946 Temecula LanelFINAL RESO AND COA'S - REVISED #2.docI3 Planning Department 33. The following shall be submitted to and approved by the Planning Department: a. A copy of the Final Map. b. A copy of the Covenants, Conditions, and Restrictions (CC&R's). i. CC&R's shall be reviewed and approved by the Planning Director. The CC&R's 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. ii. No lot or dwelling unit in the development shall be sold unless a corporation, association, property owner's 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&R's which shall include compulsory membership of all owners of lots and/or dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit enforcement by the City for provisions required as Conditions of Approval. The developer 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. iii. Every. owner of a dwelling unit or lot shall own as an appurtenance to such dwelling unit 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. Community Services Department 34. The developer shall satisfy the City's park land dedication requirement (Quimby) through payment of in-lieu fees equivalent to 4.12 acres of land. Said requirement includes a 25% credit for the private recreation facilities to be constructed within the development. The amount of the in-lieu fee shall be calculated by multiplying the required amount of park land by the City's then current appraised land valuation as established by the City Manager. 35. Public access easements and TCSD maintenance easements shall be dedicated on the final map for the Class I multi-use trails. The underlying ownership of the multi-use trails shall remain with the developer or successor. TCSD will accept the maintenance easements only after the construction is completed to the satisfaction of the Community Services Director. 36. Construction drawings for the Class I multi-use trails along Temecula Creek, Loma Linda Drive and the east side of the project shall be reviewed and approved by the Director of Community Services. R:\T M\2004\04-Q490 31946 Tomecu!. LaneIFINAL RESO AND COA'S - REVISED#2.doc14 37. The developer shall post security and enter into an agreement to improve the Class I multi-use trails. 38. TCSD shall review and approve the CC&R's. The CC&R's pertaining to the three (3) plex product shall include: a. The trash hauler will invoice the HOA for trash service. b. The location of the individual property owners' trash bins placement for servicing will be designated including an exhibit. Include how the residents and visitors will be notified of various restrictions and bin placement. c. After construction is completed the hauler will invoice the HOA for trash service for each unit regardless of occupancy. d. HOA will paint an address on each bin for residential identification. e. Address HOA enforcement of the trash collection issues. Public Works Department 39. 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. Riverside County Flood Control and Water Conservation District d. City of Temecula Fire Prevention Bureau e. Planning Department f. Department of Public Works g. Riverside County Health Department h. Cable TV Franchise i. Community Services District j. Verizon k. Southern California Edison Company I. Southern California Gas Company m. Department of Fish & Game n. Army Corps of Engineers 40. The Developer shall design and guarantee construction of the following public improvements to City of Temecula General Plan standards unless otherwise noted. Plans shall be reviewed and approved by the Department of Public Works: a. Improve Loma Linda Road from Tomas\lla LaRa Pechanga Parkway to Via Del Coronado (Principal Collector Highway Standards - 78' R/W) to include dedication of half-width street right-of-way, installation of half-width street improvements, paving, ,curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). Amended at the January 18, 2006 Planning Commission Hearing. R:\T M\2004\04-0490 31946 Temecula LaneIFlNAL RESO AND COA'S - REVISED #2.docIS b. Improve Temecula Lane from Loma Linda Road to westerly property boundary (Local Road Standards - 60' R/W) to include dedication of half-width street right- of-way plus six feet, installation of half-width street improvements plus six feet, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). c. Via Del Coronado (Collector Road Standards - 66' R/W) to include irrevocable offer of dedication for RaIf full-width street right-of-way only. Provide an alignment study to show future connection. (Wording amended by the Department of Pubic Works on March 16, 2006). d. All street improvement design shall provide adequate right-of-way and pavement transitions per Caltrans standards for transition to existing street sections. 41. Unless otherwise approved the following minimum criteria shall be observed in the design of the street improvement plans: a. Street centerline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. b. Driveways shall conform to the applicable City Standard Nos. 207 and/or 207 A. 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. Minimum centerline radii shall be in accordance with City Standard No. 113. f. All reverse curves shall include a 100-foot minimum tangent section. g. All street and driveway centerline intersections shall be at 90 degrees. h. All knuckles shall be constructed in accordance with City Standard No. 602. i. All units shall be provided with zero clearance garage doors and garage door openers if the driveway is less than 18 feet in depth from back of sidewalk. j. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. k. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided underground. Easements shall be provided as required where adequate right-of-way does not exist for installation of the facilities. All utilities shall be designed and constructed in accordance with City Codes and the utility provider. I. All utilities, except electrical lines rated 34kv or greater, shall be installed underground. 42. Private roads shall be designed to meet City public road standards. Unless otherwise approved the following minimum criteria shall be observed in the design of private streets: a. Improve Entry Streets "6" and "C" (Private Street - 70' RlE) to include installation of full-width street improvements, paving, curb and gutter, sidewalk, drainage facilities, utilities (including but not limited to water and sewer) and a 10 foot wide raised landscaped median. R;\T M\2004\04-Q490 31946 Temecul. LaneIFINAL RESO AND CONS - REVISED #2.docI6 b. Improve Entry Street "A" (Private Street - 60' RlE) to include installation of full- width street improvements, paving, curb and gutter, sidewalk, drainage facilities, utilities (including but not limited to water and sewer) and a 10 foot wide raised landscaped median. c. Improve Streets "I" and "R" thru "YO (Single Family only) (Private Street - 46' RlE, 36' curb to curb) to include installation of full-width street improvements, paving, curb and gutter, sidewalk, drainage facilities, utilities (including but not limited to water and sewer). d. Improve Street "A" from Street "0" to Street "H" (Private Street - 34' RlE, 24' curb to curb) to include installation of full-width street improvements, paving, rolled' curb and gutter, sidewalk, drainage facilities, utilities (including but not limited to water and sewer). e. Improve Streets "0" through Street "I" (Multifamily only) (Private Street - 34' RlE, 24' curb to curb) to include installation of full-width street improvements, paving, rolled curb and gutter, sidewalk, drainage facilities, utilities (including but not limited to water and sewer). f. Improve Street UP" through Street "R" (from Street "0" to Street "Q") (Private Street - 34' RlE, 24' curb to curb) to include installation of full-width street improvements, paving, rolled curb and gutter, sidewalk, drainage facilities, utilities (including but not limited to water and sewer). g. Improve Street "A" from Street "H" to Street "K" (Private Street - 30' RlE, 24' curb to curb) to include installation of full-width street improvements, paving, rolled curb and gutter, one-sided sidewalk, drainage facilities, utilities (including but not "- limited to water and sewer). h. Improve Street "L" and Street "M" (Private Street - 30' RlE, 24' curb to curb) to include installation of full-width street improvements, paving, rolled curb and gutter, one-sided sidewalk, drainage facilities, utilities (including but not limited to water and sewer). i. Improve Street "R" from Street "0" to Street "L" (Private Street - 30' RlE, 24' curb to curb) to include installation of full-width street improvements, paving, rolled curb and gutter, one-sided sidewalk, drainage facilities, utilities (including but not limited to water and sewer). j. Improve Streets "J", "K", "N" and "0" (Private Street - 26' RlE, 24' curb to curb) to include installation of full-width street improvements, paving, rolled curb and gutter, drainage facilities, utilities (including but not limited to water and sewer). k. Knuckles being required at 90 'bends' in the road. I. Cul-de-sac geometries shall meet current City Standards. m. Minimum safe horizontal centerline radii shall be required (all centerline radii should be identified on the site plan). n. All intersections shall be perpendicular (90). 43. A construction area Traffic Control Plan shall be designed by a registered Civil Engineer and reviewed by the Department of Public Works for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. R:\T Ml2004104-0490 31946 Temecula LaneIFINAL RESO AND CONS - REVISED #2.doC 17 a. No trllsk soRtalning impolteEl Elilt shall tFa'Jel on loma linEla RoaEl (Condition added at the January 18, 2006 Planning Commission Hearing). loma linEla RoaEl shall not be IIseEl as a halll rOllte for impoFting EliFt to tile aite. (Cenditlen -J!9rdlng amended by the Department af Publis \~!erkE en February 16, 20(6) Loma Linda Road shall have a minimum use as a haul route for importing dirt to the site. (Condition wording amended by the Department of Public Works on March 1,2006). 44. Relinquish and waive right of access to and from Temecula Lane on the Final Map with the exception of one opening as delineated on the approved Tentative Tract Map. 45. Relinquish and waive right of access to and from Loma Linda Road on the Final Map with the exception of two openings as delineated on the approved Tentative Tract Map. 48. All easements and/or right-of-way dedications shall be offered for dedication to the public or other appropriate agency and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the Department of Public Works. 49. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is part of an existing Assessment District must comply with the requirements of said section. Prior to City Council approval of the Final Map, the Developer shall make an application for reapportionment of any assessments with appropriate regulatory agency. 50. Any delinquent property taxes shall be paid. 51. An Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the Final Map to delineate identified environmental concerns and shall be recorded with the map. 52. The 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. 53. 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 Final Map or the issuance of any permit. A permit from Riverside County Flood Control and Water Conservation District is required for work within their right-of-way. 54. The Developer shall notify the City's cable TV Franchises of the Intent to Develop. Conduit shall be installed to cable TV Standards at time of street improvements. R:\T MI2004I04-0490 31946 Temecula LanelFINAL RESO AND COA'S - REVISED #2.docI8 55. Easements. when required for roadway slopes. landscape easements. drainage facilities. utilities. etc.. shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted for review and recorded as directed by the Department of Public Works. On-site drainage facilities located outside of road right-of-way shall be contained within drainage easements and shown on the final map. A note shall be added to the final map stating "drainage easements shall be kept free of buildings and obstructions. " R:\T Ml2004104-Q490 31946 Temecula LanelFlNAL RESO AND COA'S - REVISED #2.docI9 PRIOR TO GRADING PERMIT R:\T M\2004I04-0490 31946 Temecul. LanelFINAL RESO AND COA'S - REVISED #2.doc20 Planning Department 56. Exclusion fencing (orange snow screen) will be installed along the construction limits along the north property to prevent construction activities from infringing on the Temecula Creek Conservation Area. 57. Manufactured slopes associated with the proposed site development shall not extend into the MSHCP conservation area. The Final Grading Plan shall be submitted to the City's MSHCP coordinator for approval. 58. Brush management to reduce fuel loads to protect urban uses (fuel modification zones) will occur only in the boundaries of the development. Fuel modification zones will not encroach in to the conservation area. 59. A copy of the Rough Grading plans shall be submitted and approved by the Planning Department. 60. The applicant shall comply with the provIsions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in that ordinance or by providing documented evidence that the fees have already been paid. Public Works Department 61. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. Riverside County Flood Control and Water Conservation District b. Planning Department c. Department of Public Works a. Department of Fish and Game b. Army Corps of Engineers 62. 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. 63. 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. 64. A Geotechnical Report shall be prepared by a registered engineer or engineering geologist and submitted to the Department of Public Works with the initial grading plan check. The report shall address special study zones and identify any geotechnical hazards for the site including location of faults and potential for liquefaction. The report shall include recommendations to mitigate the impact of ground shaking and liquefaction. R:\T Ml2004104-0490 31946 Temecu1a LanelFINAL RESO AND COA'S - REVISED #2.doc21 65. 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. 66. 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. 67. 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. 68. 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. 69. The site is in an area identified on the Flood Insurance Rate Maps. 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. PRIOR TO BUILDING PERMIT R:\T Ml2004104-0490 31946 Temecula LanelFlNAL RESO AND COA'S. REVISED#2.doc23 Planning Department 70. The applicant shall submit street lighting and signage plans to the Planning Director for final approval. Street lighting shall comply with the Specific Plan, Riverside County Mt. Palomar Lighting Ordinance, and the mitigation-monitoring program. Said lighting shall comply with the standards as set forth in the Mitigated Monitoring Program and install hoods or shields to prevent either spillage of lumens or reflections into the sky (lights must be downward facing). 71. Obtain street addresses from the Building Official prior to submittal of plans for plan review. 72. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, shown below, as allowed by City of Temecula Ordinance No. 94- 21, specifically Section G (1) of Riverside county Ordinance No. 457.73, for any site within one-quarter mile of an occupied residence. Monday-Friday 6:30 a.m. - 6:30 p.m. Saturday 7:00 a.m. - 6:30 p.m. No work is permitted on Sundays or Govemment Holidays 73. Prior to construction of the Model Home complex, the applicant shall apply for a Model Home complex permit. 74. A separate building permit shall be required for all signage. 75. An appropriate method for screening the gas meters and other externally mounted utility equipment shall be reviewed and approved by the Planning Department. 76. All off-site graded areas shall be landscaped as approved by the Planning Director. Fire Prevention 77. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 78. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial buildings per CFC Appendix III.A, Table A-III-A-1. The developer shall provide for this project, a water system capable of delivering 1500 GPM at 20 PSI residual operating pressure, plus an assumed sprinkler demand of 400 GPM for a total fire flow of 1900 GPM with a 2-hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (CFC 903.2, Appendix III-A) 79. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix III-B, Table A-III-B-1. A minimum number of hydrants, in a combination of on- site and off-site (6" x 4" x 2-2 1/2" outlets) shall be located on Fire Department access R:\T Ml2004104-0490 31946 Temecula LanelFINAL RESO AND COA'S - REVISED #2.doc24 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) 80. 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) 81. 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) 82. 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) 83. 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) 84. 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) 85. Prior to building construction, this development shall have two (2) points of access, via all-weather surface roads, as approved by the Fire Prevention Bureau. (CFC 902.2.1) 86. 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 241-4.1) Community Services Department 87. The del(eloper shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction debris. 88. Prior to the installation of arterial street lights on Loma Linda Road, Temecula Lane or issuance of building permits, whichever comes first, the developer shall file an application, submit an approved Edison street light plan and pay the appropriate fees to the TCSD for the dedication of street lights into the appropriate TCSD maintenance program. R:\T M\2004I04-Q490 31946 Temecula LanelFINAL RESO AND COA'S - REVISED #2.doc25 89. Prior to the issuance of the 175th residential building permit the Class I trail along Loma Linda Road shall be completed to the satisfaction of the Community Services Director. 90. Prior to the issuance of the 325th residential building permit the Class I trails along the east side of the project and Temecula Creek shall be completed to the satisfaction of the Community Services Director. Public Works Department 91. Prior to the first building permit, Final Map 31946 shall be approved and recorded. 92. 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. 93. Grading of the subject property shall be in accordance with the California Building Code, the approved grading plan, the conditions of the grading permit, City Grading Standards and accepted grading construction practices. The final grading plan shall be in substantial conformance with the approved rough grading plan. 94. 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. 95. 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. R:\T M\2004104-0490 31946 Ternecul. LanelFINAL RESO AND COA'S - REVISED #2.doc26 PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY R:\T MI2004\04-Q490 31946 Temecul. LanelFINAL RESO AND COA'S - REVISED #2.doc27 Planning Department 96. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Fire Prevention 97. Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective Markers" shall be installed to identify fire hydrant locations. (CFC 901.4.3) 98. Prior to issuance of a Certificate of Occupancy or building final, approved numbers or addresses shall be provided on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall be of a contrasting color to their background. Commercial, multi-family residential and industrial buildings shall have a minimum twelve (12) inches numbers with suite numbers a minimum of six (6) inches in size. All suites shall gave a minimum of six (6) inch high letters andlor numbers on both the front and rear doors. . Single family residences and multi-family residential units shall have four (4) inch letters and lor numbers, as approved by the Fire Prevention Bureau. (CFC 901.4.4) Community Services Department 99. It shall be the developer's responsibility to provide written disclosure of the existence of the TCSD and its service level rates and charges to all prospective purchasers. 100. The developer or his assignee shall submit, in a format as directed by TCSD staff, the most current list of Assessor's Parcel Numbers assigned to the final project. Public Works Department 101. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. Rancho Califomia Water District b. Eastern Municipal Water District c. Department of Public Works 102. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by the Department of Public Works. 103. All improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of Public Works. 104. The existing improvements shall be reviewed. Any appurtenance damaged or broken due to the construction operations of this project shall be repaired or removed and replaced to the satisfaction of the Director of Public Works. R:\T MI2004\04.Q490 31946 Temecula LanelFINAL RESO AND COA'S - REVISED #2.doc28 OUTSIDE AGENCIES R:\T M\2004\04-0490 31946 Temecul. Lane\FINAL RESO AND COA'S - REVISED #2.doc29 105. Comply with the Rancho Water District letter dated August 25, 2004 and provide them with a Reciprocal Easement and Maintenance Agreement to serve the on-site water facilities. 106. Comply with the Riverside County Flood Control and Water Conservation District dated September 20, 2005. Additional permits may be required prior to the construction of the project. 107. Comply with the Pechanga Cultural Resources letter dated November 10, 2005. By placing my signature below, I confirm that I have read, understand, and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Planning Department approval. Date Applicant's Signature Applicant's Printed Name R:\T M\2004\04-0490 31946 Temecula LanelFlNAL RESO AND COA'S - REVISED#2.doc30 @ IaDcha '* ......,- "aJuiB.~ ......... Ccaha ".KG Sr. V...Preddeat __.eo.... .......Ii.Dolly _a........ LbaD.__ ......... a. .......... 0I6<0ri< Bdaa.J..JIrad.y -- PbDIIp L...,.... DirectoI'ofFiDaDl:e-~ &.P.'Bob"'Lem._ .........,- '" ." August 25, 2004 .__-r-~~-..7;~~nGt~\\ r.:::::-,,~ t;". <_. ,: '.'1 I:; 11\., \L\\~' \', ' " ,'- \\;1\ \\\l~,)': < ^ 'I" 2 7 2004 r '\ \""0\ ,.\Utl .j; 1r.1 liD Matt Harris, Associate Planner City of Temecula Planning Department .43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 ." --~... B 'l. ---:::::;.~.: SUBJECT: W ATERA V AILABILITY TENTATIVE TRACf NO. 31946 PORTION OF PARCEL NO.1 AND NO.2 OF PARCEL MAP NO. 8756;APN 961-010-016, APN961-010-018, APN 961-010- 019, APN 961-010-020, AND APN 961-010-021, PROJECTS NO. P A04-0490, NO. P A04-0491, AND NO. P A04-0492 Dear Mr. Harris: Please be advised lhat the above-referenced properly is .located within the boundaries of Rancho California Water District (RCWD). Water service, therefore, would be available upon construction of any reqUiredon-siteandlQr off-site water facilities and the completion of financial arrangements between RCWD and the property owner. . . _a.1Aad< 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 c..........eowett Agency Agreement that assigns water management rights, if any, to RCWD. Best Best. Krtecer u.p _Couasol A portion of this projeCt is a condominium development with potential for individual building owners' and a homeowners", association maintaining' the common property and private water and fire protection facilities. As a condition of the project, RCWD requires that the City of TemeculainClude a Reciprocal Easement and Maintenance A.greement for these on-site priv~ water fac~ties. If you should have any questions, please contact an Engineering Services Representative at this office. Sincerely, - RANCHO CALIFORNIA WATERD~mICT 04\MM:all23\FCF c:Lamie WlIliams, Engineering Services Supervisor. Rancho California Water District '. .ul35WiDd1esta'Road. PostOfliceBox9011 ..Tem.ecu1a,CalifonUa92589-9011. (95.0~.F~{95l}296-6860 1'- ". WARREN D. WILLIAMS Genentl Manager-Olief Engineer [995 MARKET STREET RIVERSIDE, CA 92501 .951.955.1200 951.788.9965 FAX; 102252_3 RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT September 20, 2005 . Ms. Christine Damko City ofTemecula Planning Department Post Office Box 9033 Temecula, CA 92589-9033 SEP .2 .2 2005 Dear Ms. Damko; Re: P A04-0490 - 0492 and P A 04-0496 . The District does not normally recommend conditions for land divisions or . other land use eases 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 haz3rd reports for such cases. District comments/recommendations for such cases are normally limited to items Of specific interest to the District including District Master Draintlge Plati' faCilities, other regional floOd control and drainage facilities Which could be cOnsidered a logicah:omjlOnent or extension of a maSter plan system, and District Area Drairiage Plan fees (developmeJi.tinitigation fees). .In addition, information of a general nature is provided. The District has not reviewed the proposed project in detail and the following comment does not in any way constitute District approval or endorsement of the proposed project with resp<lCt to flood hazard, public health and safety or any other such issue. . . This proposed project is adjacent to facilities that could be considered regional in nature and/or a logical extension of Temecula Creek Channel The .DistQct..would consider accepting ownership of such facilities on writteJi. request of the City;, J71!CUit;iell!)l~ be.constructed to . . District' sta1t<birds, : llIi.d. DiSlii.lit . p.~ ehs;ek . IIn.d. '~ecl:iOJl' will: be ':iequired fur J)jstiict . acceptance. Plan check. inspeCtion and lIdm;n;"trativefees will be required. . . '. . GENERAL INFORMATION This project may require a National Pollutant Discharge Elimination System (NPDES)ptirmit from the State Water ResoutcesCootrOl 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 beexempl If this project involves a FederilJ.Eni.ergencyManagemelit Agency (FEMA) mappedfloodplain; then . the City should requii:ethe applicant to provide aU studies, calculations, plans and other information required to meet FEMA requireinents,' and should further require tliat the applicant obtain a Conditional Letter ofMap.Revision (CLOMR) prior to grading, recordation or other final approval of the project, and a Letter of Map Revision (LOMR) prior to occupancy. . ., ,. 102252_] Ms. Christine Damko -2- Re: P A04-0490 - 0492 and P A 04-0496 September 20, 2005 The applicant shall show written proof of compliance with the Multiple SpeCies Habitat Conservation Plan (MSHCP) for any drainage facilities the applicant proposes to be maintained by the District All applicable CEQA and MSHCP documents and permits shall address the construction, operation and . maintenance of all onsite and offsite drainage facilities. Draft CEQA documents shall be forwarded to the District duiing the pul3lic review period. . . . If a natural watercouise or mapped floodplain is impacted by this project, the City should require the. applicant to obtain all. applicable Federal, State and loc~ regulatorypeimits. These regulatory . . permits include, but .are not limited to: a Section 404 Permit issued by the. U.S. Army Corps of .' Bngineen; i3i compliance with .section 464 .of the aean Water Act, a California -State Department .of FiSh and Game Streambed Alteration Agreement. in compliance with the Fish and Game Code . Section 1600 et seq" and a 401 Water Quality Certification or a Report of W~ 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 Wlder CEQA and all Federal, State, and local environmental rules and regulations. Ve:iy truly yours, ~~.dk7 ARTURO DIAZ Senior Civil Engineer c: Riverside County Planning Department . Attn: David Mares .AM:blj Cbairpemm: GennaineAIeoas . PECtfAl'iOA CULTURAL RESOURCES Temecu/a Band of Luiseiio Mission Indians Vice CIIairpenon: Mary _Mqee November 10,2005 Committee Members: Raymond Basquez, Sr. EvieGerber Dar\cne Miranda Bridgett Ban:cllo Maxwell DiI<c:tor. Galy DuBois CoonIinator. PouI Macam> Post Oll..... Box 2183 . Tcmcada. CA 92593 TelepboDC (951) 308-9295. Fax (951) 506-9491 CUlhnl ADIlyst: StcpIwUc <looIia . Christine Damko . City ofTemeCula Planning Department 43200 Business Park Drive TemeCula, CA 92590 . MoollAJr Supcnioor: Awdia Mamdfo .Re: Comments OD Te!llecala Laoe Project (P A04-0490-0492aod P A 04-0496) Dear Ms. Damko: This comment letter is submitted by the Pecbanga Band ofLuisefio lndian~ (hereinafter, . "Pecbanga Tribej, a federally recognized Indian tribe and sovereign government The Pecbanga Band requests that these comments as well as any subsequent comments submitted by the Pecbanga Band be included in the record of approval for the Project The Pecbanga Tribe is forinally requesting, pursuant to Public Resources Code ~21092.2, to be notified and involved in the entire CEQA environmental review process for the duration of the above referenced project . (the "Projectj. THE TRIBE'S CONCERNS WITH THE PROJECT The Tribe has two primary concerns with the Projept which it would like to see addressed by the City. First and foremost. this Project is close to a site whiCh contains over 18 burials of human remains. Such information was not included or addressed in the Cultural Resources Survey. As suCh. adequate and appropriate mitigation was notpUt into place. Further, it is the Tribe's understanding that the mass grading pemiit was processed separately, and as far as the Tribe is awitre itwas not notified of that application. Because of the proximity to the site with the burials, awarding the mass grading pemiit without appropriate environmental evaluation Was improper by the City.. . THE LEAD AGENCY MUST INCLUDE AND CONSULT WITH THE TRIBE IN. ITS REVIEW PRoCEss. Because of the cultural1y sensitive site, the TemeculaCreek Village site which has been dP.tPJ'tnined to be a significant site, lying in close proximity to the Project ~ it is imperative that the City, as lead agency,. as well as the applicant adequately consult with the Tribe.. It has . Sacred Is The Duty Trusted Unto Our Care And .Wlth Honor We Rise To The Need Pecbanga comment letter.'; the City ofTemecula RE: Comments on Temecula Lane Project Page 2 been the intent of the Federal Government. and the State of California2 that Indian tribes be consulted with regard to issues which impact cultural and spiritual resources, as well as other . governmental concerns. The responsibility to consult with Indian tribes stems from the unique government-to-government relationship between the United States and Indian tribes. This arises when tribal interests are affected by.the actions .of governmental agencies and departments such as approval of Specific Plans and Ems. .In this case, it is undisputed that the project lies within the Luisefiotribe'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. Such consultation is espe<;ially important with regard to Projects such as this one which has the potential to impact Native American human remains. PROJECT IMPACTS TO CULTURAL RESOURCES The Pechanga Tribe asserts that the Project area is part ofthePechanga Tribe's aboriginal territory, as evidenced by the existence of Luiseiio place names, rock art pictographs, petroglyphs and extensive artifact records found in the .vicinity of the Project. The PCchanga Tribe's primary concCms 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 si~ and archaeological items which would be displac&i by ground-disturbing work on the project, and on the proper mid lawful treatment of cultural items, Native American human reniains and saci-ed items likely to be discovered in the course of the work. The Tribe would also like to point out that a preferred niethod of treatment for archeological sites according to the CEQA is avoidance (California. Public Resources Code ~21083.1), and that this is in agreement with the Tribe's practices and policies conCerning cultural resources. . Further, the. Pechanga Tribe believes that if human remains are discovered, State law would apply and the mitigation measures for die permit must account for this. A.ccording to the CalifomiaPublicResources Code, ~ 5097.98, if Native American human remains are disoovered,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. 1.See Exc<:utivC Memorandum of Apri129, 1994 OIl Govemment-to-Governmenl Relations with Native American Tribal Governments and ExecuJiveOrder of November 6, 2000 on CoosuIlaliOll and Coordination with Indian Tribal . Governments. . . . 2 See California Public Resource Code fiS097.9 et seq. Pechanga Cultural Resources' Temecula Band of Luiseiio Mission Indians Post Office Box 2183 . T~ CA 92592 Sacred Is The Duty Trusted Unto Our Care And Wrth Honor We Rise To The Need Pechanga Comment lette( ') the City of Temecula . RE: Comments on Temecula Lane Project Page 3 As was discussed above, the Project site lies in close proximity to the Temecula Creek Village site which is. a sensitive archaeological village site in which multiple Native American human remain burials were encountered. As the City is aware, measures were taken in that Project to assure the appropriate treatment and protection of those burials. Further, the proximity of the Project to the creek channel niakes the discovery of more human remains likely. Whjle the Tribe understands that the intent is to leave the portion by the creek channel as open space, adequate mitigation and protection of the sensitive areas are necessary. Such conditions of approval should provide for the mass grading to be performed near the sensitive site in a nuinner which would allow for the greatest protection of any items or hlllllllIi remains uncovered . during the mass gnKIing. For this reason, additional mitigation language is requested prior to the Project being' approved. The Tribe has been in contact with the Project applicant who has expressed its willingpess to work with the Tribe to develop adequate mitigation measures and conditions of approval for the sensitive areas. . REQUIRED MITIGATION Given this Project's close proximity to known cultural sites which were not adequately discussed in the initial cultural study, including a known village site, Pechanga requests the following be included as mitigation measures as well as conditions of approval which are required to be met prior to the issuance of gnKIing permits, and the City should assiJi'e that the already issued masS gnKIing permit adheres to the necessary conditions: c , I. The mass gnKIing of the Project site shall be performed in a controlled manner, the specifics of which shall be determined m: consultation between the project applicant/developer and the Pechanga Band of Luisefio Indians prior to issuance of gnKIing . permits or prior to project approval. ' 2. Prior to issuance of the gnKIing permit, the developer shall enter into a Treatment . Agreements with the Pechanga Tribe. This Agreement will address the treatm""t and disposition . of cultural resources and human remains that may be encountered during construction. The . Agreement will furthei: contain provisions of tribal monitors imd addresscomPensimon for the Native American monitors being paid by the developer. 3. The landowner agrees to relinquish ownership of all cultural resources, including archaeological artifacts found on the project site, to the Pecbanga Band of Luisefio Indians for proper treatment and disposition to the extent authorized by the law. 4. Monitoring by a professional archaeologist and Pechanga Tribal monitors is required during all ground disturbing activities. The monitor's shall each have the authority to temporarily haIt and/or divert grading equipment to allow fOJadditional investigation as' necessary. Pechanga Cultural Resources' Temecula Band of Luiseiio Misswn INlWns Post Office Box 2183 . Temecu/a, CA 92592 Sacred Is The Duty Trusted Unto Our Care And With Honor We Rise To The Need Pechanga comment letter',,, the City ofTemecula RE: Comments on Temecula Lane Project Page 4 ,5~ If human remains are encountered, all activity shall stop and the County Coroner must be notified immediately. . All activity must cease until the County Coroner has determined the origin and disposition of said remains. The Coroner shall determine if the remains ,are prehistoric, and ,shall notify the State' Native American Heritage Commi~ion if applicable. Further actions shall be determined by the desires of the Most Likely Descendent 6. All sacred sites within the Project area are to be avoided and preserved. The Pechanga Tribe looks forward to working together with the City of Temecula, the applicant, and other interested agencies in protecting the invaluable Luisefio cultural resources found in the Project area. If YOll 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, ~~ Stephanie Gordin. . Cc: Mr. Lindsey Quakenbush' D.R. Horton 5927 Priestly Drive, Suite 200 Carlsbad, CA 92008 Pechanga Cultural Resources. . Temecula BantI.of LuiseiW MISSion I.ndians Post Office Box 2183' TimecuJa, CA 92592 Sacred h The Duty Trusted Unto Our Care And With Honor We Rise To The Need CITY OF TEMECULA SECOND REVISED FINAL CONDITIONS OF APPROVAL Planning Application No.: PA04-0491, and PA04-o492 Project Description: A Conditional Use Permit and Development Plan (Product Review) for the development of 96 single- family units, 96 trl-plex units, and 236 four-plex units (428 total units) located at the northeastern corner of the Intersection of Loma Linda Road and' Temecula Lane. MSHCP Category: Residential (attached and detached) Residential (single and multi-family) Residential DIF Category: TUMF: Tentative Tract No.: TM 31946 Expiration Date: January 18, 2006 January 18, 2008 Approval Date: WITHIN 48 HOURS OF THE APPROVAL OF THIS PROJECT Planning Department 1. The applicant shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty-Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Determination as provided under Public Resources Code Section 21108(b) and California Code of Regulations Section 15062. If within said forty-eight (48) hour period the applicant has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4( c). R:\T Ml2004I04-0490 31946 Temecula LanelFINAL RESO AND COA'S - REVISED #2,doc31 \ GENERAL REQUIREMENTS R:\T M\2004\04-0490 31946 Temecula LanelFINAL RESO AND COA'S - REVISED #2.doc32 2. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own 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 of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. 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. 3. The applicant shall submit, to the Planning Department for permanent filing, two (2) 8" X . 10" glossy photographic color prints of the color and Materials Boards and of the colored version of the approved colored architectural elevations. All labels on the Color and Materials Board, and Elevations shall be readable on the photographic prints. 4. The project and all subsequent projects within this site shall comply with all mitigation measures identified within the Negative Declaration for PA04-0496, and the approved Mitigation Monitoring Program (attached) thereof. 5. This approval shall in no way limit the City or other regulatory or service agencies from applying additional requirements and/or conditions consistent with applicable policies and standards upon the review of grading, building and other necessary permits and approvals for the project. 6. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two-year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. 7. The Director of Planning may, upon an application being filed within thirty days prior to expiration and for good cause, grant a time extension of up to three one-year extensions of time, one year at a time. 8. All project-related lighting shall be directed so that no light or glare falls off the property boundary except along Temecula Lane, Loma Linda Road, as well as any trails. 9. Non-security lighting installed by individual homeowners shall not be located in such a manner as to directly illuminate any open space area along Temecula Creek. This requirement shall be incorporated into the CC&R's. 10. The development of the premises shall substantially conform to the approved plans, contained on file with the Planning Department. 11. The colors and materials for this project shall substantially conform to the approved colors and materials contained on file with the Planning Department, or as amended R:\T M\2004I04-G490 31946 Temecu1a LanelFINAL RESO AND COA'S - REVISED #2.doc33 herein. Any deviation from the approved colors and materials shall require approval of the Director of Planning. Staff may elect to reject the request to amend or substitute materials and colors, in which case the real party in interest may appeal, after payment of the regular cost of an appeal, the decision to the Planning Commission for its decision. 12. The applicant shall sign both copies of the final conditions of approval that will be provided by the Planning Department staff, and retum one signed set to the Planning Department for their files. 13. Applicant shall obtain the proper permits before construction, including Encroachment Permit from the Public Works Department for any work done in the City right-of-way, and Building Permit from the Building and Safety Department. 14. Fire Hydrants shall be installed prior to the start of any construction at the site. 15. Driveway widths shall comply with the driveway width requirements per City Standards. In order to allow for adequate street parking, the driveway widths at curbs will be limited to 24' maximum. 16. All lots shall be built in accordance with the Site Plans labeled as "Elevations". 17. If, during construction, cultural resources are encountered, work shall be halted or diverted in the immediate area while a qualified archaeologist evaluates the finds and makes recommendations. In addition, the developer will coordinate with the Pechanga Band of Luiseno Mission Indians to allow a representative of the Pechanga Band to monitor and participate in archaeological investigations if and when resources are encountered, including participation in discussions regarding the disposition of cultural items and artifacts. 18. The Owner shall, without economic or other contribution by the City, identify, construct and thereafter maintain not less than 86 of the two bedroom homes in the four-plex component units for and as affordable housing units. The term "affordable housing unit" shall have the same meaning as is set forth in the Temecula Municipal Code. The units shall be maintained as affordable units by means of a written agreement and covenanUdeed restriction that burdens the title to the subject property for the benefit of City, for the purpose of ensuring that the units are maintained as affordable for not less than 55 years. The form of agreement and covenanUdeed restriction shall, for the City, be subject to the approval of the City Manager and City Attorney. \ The agreement shall specify, in addition to all other terms deemed necessary by the City and Owner to effectuate the intent of the parties, that 86 of two bedroom units shall be maintained as affordable. The affordable units shall be allocated to the low income categories as defined in Health and Safety Code ~50079.5. The Owner shall reimburse the City its reasonable cost of preparing the Agreements including attorney fees and staff time. No building permit shall be issued by the City for any of the development authorized by this Resolution until the Agreements have been executed by the parties and the R:\T M\2004I04-0490 31946 Temecula LanelFINAL RESO AND COA'S - REVISED #2.doc34 covenanl/deed restriction submitted for recordation by the County of Riverside Recorder's Office. Building and Safety Department 19. All design components shall comply with applicable provisions of the 2001 edition of the California Building, Plumbing and Mechanical Codes; 2001 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. 20. The City of Temecula has adopted an ordinance to collect fees for a Riverside County area wide Transportation Uniform Mitigation Fee (TUMF). Upon the adoption of this ordinance on March 31, 2003, this project will be subject to payment of these fees at the time of building permit issuance. The fees shall be subject to the provisions of Ordinance 03-01 and the fee schedule in effect at the time of building permit issuance. 21. Submit at time of plan review, a complete exterior site lighting plans showing compliance with Ordinance No. 655 for the regulation of light pollution. All street-lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. 22. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building & Safety Department to ensure the payment or exemption from School Mitigation Fees. 23. Obtain all building plans and permit approvals prior to commencement of any construction work. 24. Show all building setbacks. 25. Provide house electrical meter provisions for power for the operation of exterior lighting, fire alarm systems. For developments with multiple buildings, each separate building shall be provided with a house meter. 26. Provide 'an approved automatic fire sprinkler system. 27. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans. (California Disabled Access Regulations effective April 1,1998) 28. Compliance with the provisions of Senate Bill 1025, effective July 1, 2005, which modifies Chapter 11A of the California Building Code as it relates to multi-story non- elevator dwelling units, including condominiums and townhouse units, will be required. 29. Provide disabled access from the public way to the main entrance of the building. 30. Provide van accessible parking located as close as possible to the main entry. 31. Show path of accessibility from parking to furthest point of improvement. R:\T M\2004\04-0490 31946 Temecula LanelFlNAL RESO AND COA'S - REVISED #2.doc35 32. Trash enclosures, patio covers, light standards, and any block walls if not on the approved building plans, will require separate approvals and permits. 33. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, shown below, as allowed by the City of Temecula Ordinance No. 94-21, specifically Section G (1) of Riverside County Ordinance No. 457.73, for any site within one-quarter mile of an occupied residence. Monday-Friday 6:30 a.m. - 6:30 p.m. Saturday 7:00 a.m. - 6:30 p.m. No work is permitted on Sundays or Govemment Holidays Fire Prevention 34. 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 Califomia Building Code (CBC), Califomia Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 35. The Fire Prevention Bureau is required to set a minimum fire flow for residential land division per CFC Appendix liLA, Table A-III-A-1. The developer shall provide for this project, a water system capable of delivering 1500 GPM at 20 PSI residual operating pressure with a 2 hour duration. The required fire flow may be adjusted during the 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 II LA) 36. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix III.B, Table A-III-B-1. Standard fire hydrants (6" x 4" x 21/2" outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 500 feet apart, at each intersection and shall be located no more than 250 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix III-B) 37. If construction is phased, each phase shall provide approved access and fire protection prior to any building construction. (CFC 8704.2 and 902.2.2) Community Services Department 38. All landscaped areas, open space, recreational facilities and amenities, entry monumentation and fencing shall be maintained by the Homeowners Association (HOA). 39. Multi-Family refuse service will be provided for the 4-plex units. The HOA will be billed directly by the trash hauler for this service. 40. Multi-family trash enclosures shall be large enough to accommodate a recycling bin, as well as a trash bin. Enclosures adjacent to sidewalks will require ramping at the curb to allow servicing. R:\T Ml2004\04-Q490 31946 Temecula Lane\FlNAL RESO AND COA'S - REVISED #2.doc36 41. Single family trash service will be provided for the 3-plex units and will be billed directly to the HOA. The placement of bins for servicing will not reduce the 24 feet wide clearance on the private roads needed for emergency vehicles. Trash bins will be serviced from sidewalks. 42. All costs associated with the relocation of any existing street lights shall be paid for by the developer. 43. The developer shall be subject to the Public Art Ordinance. 44. The developer shall contact the TCSD Maintenance Superintendent for a pre-design meeting to obtain TCSD design specifications for the Class I multi-use trails along Temecula Creek, Lorna Linda Drive and the east side of the project. 45. Construction of the future TCSD maintained Class I multi-use trails shall commence pursuant to a pre-construction meeting with the developer and TCSD Maintenance Superintendent. Failure to comply with the TCSD construction specifications/details, review and inspection process may preclude acceptance of the multi-use trails into the TCSD maintenance program. 46. The developer, the developer's successor or assignee, shall be responsible for the maintenance of the Class I multi-use trails until such time as those responsibilities are accepted by the TCSD or other responsible party. 47. All landscaped areas, open space, recreational facilities and amenities, entry monumentation and fencing shall be maintained by the Homeowners Association (HOA). 48. The developer shall contact the TCSD Maintenance Superintendent for a pre-design meeting to obtain TCSD design specifications for the Class I multi-use trails along Temecula Creek, Lorna Linda Drive and the east side of the project. 49. Construction of the future TCSD maintained Class I multi-use trails shall commence pursuant to a pre-construction meeting with the developer and TCSD Maintenance Superintendent. Failure to comply with the TCSD construction specifications/details, review and inspection process may preclude acceptance of the multi-use trails into the TCSD maintenance program. 50. The developer, the developer's successor or assignee, shall be responsible for the maintenance of the Class I multi-use trails until such time as those responsibilities are accepted by the TCSD or other responsible party. 51. . The developer shall contact the City's franchised solid waste hauler for disposal of construction debris. Only the City's franchisee may haul construction debris. Public Works Department 52. A Grading Permit for either rough and/or precise grading, including all on-site flat work and improvements, shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained street right-of-way. R:\T M\2004\04-0490 31946 Temecul. LanelFlNAL RESO AND COA'S - REVISED#2.do<:37 53. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. 54. All improvement plans, grading plans, and raised landscaped median plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. R:\T M\20Q4\04-Q49Q 31946 Temecula LaneIFINAL RESO AND COA'S - REVISED #2.doc38 PRIOR TO GRADING PERMIT R:\T M\2004104-<l490 31946 Temecul. LanelFINAL RESO AND COA'S - REVISED #2.doc39 Planning Department 55. Exclusion fencing (orange snow screen) will be installed along the construction limits along the north property to prevent construction activities from infringing on the Temecula Creek Conservation Area. 56. Manufactured slopes associated with the proposed site development shall not extend into the MSHCP conservation area. The Final Grading Plan shall be submitted to the City's MSHCP coordinator for approval. 57. Brush management to reduce fuel loads to protect urban uses (fuel modification zones) will occur only in the boundaries of the development. Fuel modification zones will not encroach in to the conservation area. Public Works Department 60. A Grading Plan shall be prepared by a registered Civil Engineer and shall be reviewed and approved by the Department of Public Works. The grading plan shall include all necessary erosion control measures needed to adequately protect adjacent pUblic and private property. 61. The Developer shall post security and enter into an agreement guaranteeing the grading and erosion control improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. 62. A Soil Report shall be prepared by a registered Soil or Civil Engineer and submitted to the Director of the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. 63. A Geological Report shall be prepared by. a qualified engineer or geologist and submitted to the Department of Public Works with the initial grading plan check. The report shall address special study zones and the geological conditions of the site, and shall provide recommendations to mitigate the impact of ground shaking and liquefaction. 64. The Developer shall have a Drainage Study prepared by a registered Civil Engineer in accordance with City Standards identifying storm water runoff expected from this site and upstream of this site. The study shall identify all existing or proposed public or private drainage facilities intended to discharge this runoff. The study shall also analyze and identify impacts to downstream properties and provide specific recommendations to protect the properties and mitigate any impacts. Any upgrading or upsizing of downstream facilities, including acquisition of drainage or access easements necessary to make required improvements, shall be provided by the Developer. R:\T M\2004I04-0490 31946 Temecul. LanelFlNAL RESO AND COA'S - REVISED #2.doc4O 65. NPDES - The project proponent shall implement construction-phase and post- construction pollution prevention measures consistent with the State Water Resources Control Board (SWRCB) and City of Temecula (City) NPDES programs. Construction- phase measures shall include Best Management Practices (BMPs) consistent with the City's Grading, Erosion & Sediment Control Ordinance, the City's standard notes for Erosion and Sediment Control, and the SWRCB General Permit for Construction Activities. Postcconstruction 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. 66. As deemed necessary by the Director of the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. San Diego Regional Water Quality Control Board b. Riverside County Flood Control and Water Conservation District c. Planning Department d. Department of Public Works 67. The Developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet (ECS) recorded with any underlying maps related to the subject properly. 68. Permanent landscape and irrigation plans shall be submitted to the Planning Department and the Department of Public Works for review and approval. 69. The Developer shall obtain any necessary letters of approval or slope easements for off- site work performed on adjacent properties as directed by the Department of Public Works. 70. 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 properly, no new charge needs to be paid. 71. The site is in an area identified on the Flood Insurance Rate Map. This project shall comply with Chapter 15, Section 15.12 of the City Municipal Code which may include obtaining a Letter of Map Revision from FEMA. A Flood Plain Development Permit shall be submitted to the Department of Public Works for review and approval. R:\T M\2004I04-0490 31946 Temecula LanelFlNAL RESO AND COA'S - REVISED #2.d0c41 PRIOR TO BUILDING PERMIT R:IT M\2004104.{)490 31946 Ternecul. LaneIFINAL RESO AND COA'S - REVISED #2.d0c42 Planning Department 72. The applicant shall submit street lighting and signage plans to the Planning Director for final approval. Street lighting shall comply with the Specific Plan, Riverside County Mt. Palomar Lighting Ordinance, and the mitigation-monitoring program. Said lighting shall comply with the standards as set forth in the Mitigated Monitoring Program and install hoods or shields to prevent either spillage of lumens or reflections into the sky (lights must be downward facing). 73. Obtain street addresses from the Building Official prior to submittal of plans for plan review. 74. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, shown below, as allowed by City of Temecula Ordinance No. 94- 21, specifically Section G (1) of Riverside county Ordinance No. 457.73, for any site within one-quarter mile of an occupied residence. Monday-Friday 6:30 a.m. - 6:30 p.m. Saturday 7:00 a.m. - 6:30 p.m. No work is permitted on Sundays or Government Holidays 75. Prior to construction of the Model Home complex, the applicant shall apply for a Model Home complex permit. 76. A separate building permit shall be required for all signage. 77. An appropriate method for screening the gas meters and other externally mounted utility equipment shall be reviewed and approved by the Planning Department. 78. Landscape plans for front yards, slopes and common lots, to include a plan for perimeter or 'community" walls/fences, shall be submitted for review and approval by the Planning Director prior to the issuance of building permits for the project. 79. A landscape maintenance program for all association maintained areas shall be submitted for approval with the landscape construction plans, which details the proper maintenance of all proposed plant materials to assure proper growth and landscape development for the long-term esthetics of the property. The approved maintenance program shall be provided to the landscape maintenance contractor who shall be responsible to carryout the detailed program. 80. All utilities shall be screened from public view. Landscape construction drawings shall show and label all utilities and provide appropriate screening. Utilities shall be grouped together in order to reduce intrusion. Planting beds shall be designed around utilities. All light poles shall be located on the landscape plans and shall not conflict with trees. 81. Provide upgraded front doors on the construction building plans to all single-family homes consist with the home's architectural elevation to the satisfaction of the Planning Director. 82. The construction building plans shall show all single family homes with enhanced elevations. R:\T M\2004104-0490 31946 Temecula Lane\FlNAL RESO AND COA'S - REVISED #2.d0c43 83. Three (3) copies of Construction Landscaping and Irrigation Plans shall be reviewed and approved by the Planning Department. These plans shall conform to the approved conceptual landscape plan, or as amended by these conditions. The location, number, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water' Efficient Ordinance. The plans shall be accompanied by the following items: a. Appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal). b. Provide an agronomic soils report with the construction landscape plans. c. One (1) copy of the approved grading plan. d. Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance). e. Total cost estimate of plantings and irrigation (in accordance with approved plan). 84. A Final Landscaping plan shall be submitted to the Planning Department for review and approval. The plant pallet shall avoid the list of invasive plant species identified in the MSHCP as those species to be avoided adjacent to the MSHCP Conservation area (MSHCP Final in Volume 1 Section 6 in Table 6.2 on page 6-44 through 6-46). 85. All off-site graded areas shall be landscaped as approved by the Planning Director. 86. Proposed non-irrigated hydroseed mix areas shall be provided with automatic temporary irrigation to insure proper germination and establishment of the seeded areas as approved by the Planning Director. 87. All front yards shall include a minimum of one 15 gallon size tree per lot in addition to the required street trees. 88. All shrubs shall be planted from a minimum size of 5 gallon. Sub shrubs (I.e. Agapanthus, Hemerocallis) may be planted from 1 gallon. 89. All utilities shall be screened from public view. Landscape construction drawings shall show and label all utilities and provide appropriate screening. A 3' clear zone shall be provided around fire check detectors as required by the Fire Department. Utilities shall be grouped together in order to reduce intrusion. Screening of utilities is not to look like an after-thought. Planting beds shall be designed around utilities. All light poles shall be located on the landscape plans and shall not conflict with trees. 90. A landscape maintenance program shall be submitted for approval with, the landscape construction plans, which details the proper maintenance of all proposed plant materials to assure proper growth and landscape development for the long-term esthetics of the property. The approved maintenance program shall be provided to the landscape maintenance contractor who shall be responsible to carryout the detailed program. R:\T Ml2004I04-049Q 31946 Temecula LanelFlNAL RESO AND COA'S - REVISED #2,d0c44 Building and Safety Department 91. A sound transmission control study shall be prepared and submitted at time of plan review in accordance with the provisions of Appendix Chapter 12, Section 1208A, of the 2001 edition of the California Building Code. . 92. Restroom fixtures, number and type, to be in accordance with the provisions of the 2001 edition of the California Building Code Appendix 29. 93. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. 94. Truss calculations that are stamped by the engineer of record and the truss manufacturer engineer are required for plan review submittal. 95. Provide precise grading plan at plan check submittal to check accessibility for persons with disabilities. Fire Prevention 96. 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. 97. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial buildings per CFC Appendix III.A, Table A-III-A-1. The developer shall provide for this project, a water system capable of delivering 1500 GPM at 20 PSI residual operating pressure, plus an assumed sprinkler demand of 400 GPM for a total fire flow of 1900 GPM with a 2 hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (CFC 903.2, Appendix III-A) 98. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix III-B, Table A-III-B-1. A minimum number of hydrants, in a combination of on- site and off-site (6" x 4" x 2-2 1/2" outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 500 feet apart, at each intersection and shall be located no more than 250 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire 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) 99. If construction is phased, each phase shall provide approved access and fire protection prior to any building construction. (CFC 8704.2 and 902.2.2) 100. 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) R:\T Ml2004\04-0490 31946 Temecul. LaneIFINAL RESO AND COA'S - REVISED #2.d0c45 101. 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) 102. 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) 103. Prior to building construction, dead end road ways and streets in excess of one hundred and fifty (150) feet which have not been completed shall have a turnaround capable of accommodating fire apparatus. (CFC 902.2.2.4) 104. Prior to building construction, this development shall have two (2) points of access, via all-weather surface roads, as approved by the Fire Prevention Bureau. (CFC 902.2.1) 105. Prior to issuance of buildina oermits, 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 241-4.1) Community Services Department 106. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction debris. 107. Prior to the installation of arterial street lights on Loma Linda Road, Temecula Lane or issuance of building permits, whichever comes first, the developer shall file an application, submit an approved Edison street light plan and pay the appropriate fees to the TCSD for the dedication of street lights into the appropriate TCSD maintenance program. 108. Prior to the issuance of the 1751i1 residential building permit the Class I trail along Lama Linda Road shall be completed to the satisfaction of the Community Services Director. 109. Prior to the issuance of the 3251i1 residential building 'permit the Class I trails along the east side of the project and Temecula Creek shall be completed to the satisfaction of the Community Services Director. Public Works Department 110. Improvement plans and/or precise grading plans shall conform to applicable City of . Temecula Standards subject to approval by the Director of the Department of Public Works. The following design criteria shall be observed: R:\T M\2004I04-0490 31946 Temecula LmelFINAL RESO AND COA'S - REVISED #2.d0c46 a. Flowline 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 of Temecula Standard No. 207 A. c. Street lights shall be installed along the public streets adjoining the site in accordance with City Standard No. 800, 801, 802 and 803. d. Concrete sidewalks and ramps shall be constructed along public street frontages in accordance with City of Temecula Standard Nos. 400, 401 and 402. e. All street and driveway centerline intersections shall be at 90 degrees. f. Public Street improvement plans shall include plan and profile showing existing topography, utilities, proposed centerline, top of curb and flowline grades. g. Landscaping shall be limited in the comer cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. 111. The Developer shall design and guarantee construction of the following public improvements to City of Temecula General Plan standards unless otherwise noted. Plans shall be reviewed and approved by the Department of Public Works: a. Improve Loma Linda Road from Temecula Lane to Via Del Coronado (Principal Collector Highway Standards - 78' R/W) to include dedication of half-width street right-of-way, installation of half-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). b. Improve Temecula Lane from LeR'la UREla ReaEl Pechanga Parkway to westerly property boundary (Local Road Standards - 60' R/W) to include dedication of half-width street right-of-way plus six feet, installation of half-width street improvements plus six feet, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). Amended at the January 18, 2006 Planning Commission. c. Via Del Coronado (Collector Road Standards - 66' R/W) to include irrevocable offer of dedication for Ralf full-width street right-of-way only. Provide an alignment study to show future connection. (Wording amended by the Department of Public Works on March 16,2006) d. All street improvement design shall provide adequate right-of-way and pavement transitions per Caltrans standards for transition to existing street sections. 112. Private roads shall be designed to meet City public road standards. Unless otherwise approved the following minimum criteria shall be observed in the design of private streets: . a. Improve Entry Streets "6" and "C" (Private Street - 70' RlE) to include installation . of full-width street improvements, paving, curb and gutter, sidewalk, drainage facilities, utilities (including but not limited to water and sewer) and a 10 foot wide raised landscaped median. b. Improve Entry Street "A" (Private Street - 60' RlE) to include installation of full- width street improvements, paving, curb and gutter, sidewalk, drainage facilities, utilities (including but not limited to water and sewer) and a 10 foot wide raised landscaped median. R:\T M\2004\04-0490 31946 Temecula LanelFlNAL RESO AND COA'S - REVISED #2.d0c47 c. Improve Streets "I" and "R" thru "Y" (Single Family only) (Private Street - 46' RlE, 36' curb to curb) to include installation of full-width street improvements, paving, curb and gutter, sidewalk, drainage facilities, utilities (including but not limited to water and sewer). d. Improve Street "A" from Street "0" to Street "H" (Private Street - 34' RlE, 24' curb to curb) to include installation of full-width street improvements, paving, rolled curb and gutter, sidewalk, drainage facilities, utilities (including but not limited to water and sewer). e. Improve Streets "0" through Street "I" (Multifamily only) (Private Street - 34' RlE, 24' curb to curb) to include installation of full-width street improvements, paving, rolled curb and gutter, sidewalk, drainage facilities, utilities (including but not limited to water and sewer). f. Improve Street "P" through Street "R" (from Street "0" to Street "0") (Private Street - 34' RlE, 24' curb to curb) to include installation of full-width street improvements, paving, rolled curb and gutter, sidewalk, drainage facilities, utilities (including but not limited to water and sewer). g. Improve Street "A" from Street "H" to Street "K" (Private Street - 30' RlE, 24' curb to curb) to include installation of full-width street improvements, paving, rolled curb and gutter, one-sided sidewalk, drainage facilities, utilities (including but not limited to water and sewer). h. Improve Street "L" and Street "M" (Private Street - 30' RlE, 24' curb to curb) to include installation of full-width street improvements, paving, rolled curb and gutter, one-sided sidewalk, drainage facilities, utilities (including but not limited to water and sewer). i. Improve Street "R" from Street "0" to Street "L" (Private Street - 30' RlE, 24' curb to curb) to include installation of full-width street improvements, paving, rolled curb and gutter, one-sided sidewalk, drainage facilities, utilities (including but not limited to water and sewer). j. Improve Streets "J", "K", "N" and "0" (Private Street - 26' RlE, 24' curb to curb) to include installation of full-width street improvements, paving, rolled curb and gutter, drainage facilities, utilities (including but not limited to water and sewer). k. Knuckles being required at 90 'bends' in the road. I. Cul-de-sac geometries shall meet current City Standards. m. Minimum safe horizontal centerline radii shall be required (all centerline radii should be identified on the site plan). n. All intersections shall be perpendicular (90). ; 113. A construction area Traffic Control Plan shall be designed by a registered Civil or Traffic Engineer and reviewed by the Director of the Department of Public Works for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. a. TemeslIla laRe aRd lema LiRda Read shall Ret be lIsed fer seRstrustioR tr=affis. (Condition added at the Janaury 18, 2006 Planning Commission R:\T M\2004104-0490 31946 Temecu1a LaneIFINAL RESO AND COA'S - REVISED #2.d0c48 Hearing.) Loma Linda Road shall not be used as a haul route fer importing dirt to the site. (Condition .....or4lng amended by the Department of PubliG Works on FebruaFY 16, 2006) Loma Linda Road shall have a minimum use as a haul route for Importing dirt to the site. (Condition wording amended by the Department of Public Works on March 1, 2006). 114. The building pad shall be certified to have been substantially constructed in accordance with the approved Precise Grading Plan by a registered Civil Engineer, and the Soil Engineer shall issue a Final Soil Report addressing compaction and site conditions. 115. 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. 116. 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. R:\T M1201J4\04-0490 31946 Temecula lAneIFINAL RESO AND COA'S - REVISED#2.d0c49 PRIOR TO BUILDING OCCUPANCY R:\T M\2004I04-0490 31946 Temecula laneIFlNAL RESO AND COA'S - REVISED #2.docSO Planning Department 117. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. 118. All required landscape planting and irrigation, hardscape and fencing within individual lots shall have been installed and completed for inspection consistent with the approved construction landscape plans prior to issuance of occupancy for each house (excluding model home complex). The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be property constructed and in good working order. 119. Prior to issuance of the first Certificate of Occupancy, the applicant shall prepare and submit a written report to the City's MSHCP Coordinator demonstrating compliance with the MSHCP. 120. Performance securities, in amounts to be determined by the Director of Planning, to guarantee the maintenance of the plantings in accordance with the approved construction landscape and irrigation plan shall be filed with the Planning Department for a period of one year from final certificate of occupancy. After that year, if the landscaping and irrigation system have been maintained in a condition satisfactory to the Director of Planning, the bond shall be released upon request by the applicant. Building and Safety Department 121. Provide appropriate stamp of a registered professional with original signature on plans prior to permit issuance. 122. A pre-construction meeting is required with the building inspector prior to the start of the building construction. Fire Prevention 123. 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) 124. Prior to issuance of a Certificate of Occupancy or building final, approved numbers or addresses shall be provided on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall be of a contrasting color to their background. Commercial, multi-family residential and industrial buildings shall have a minimum twelve (12) inches numbers with suite numbers a minimum of six (6) inches in size. All suites shall gave a minimum of six (6) inch high letters and/or numbers on both the front and rear doors. Single family residences and multi-family residential units shall have four (4) inch letters and lor numbers, as approved by the Fire Prevention Bureau. (CFC' 901.4.4) Community Services Department 125. Within each phased map, the developer shall submit the most current list of Assessor's Parcel Numbers assigned to the final project. R:\T M\2004104.0490 31946 Temecu!. LaneIFlNAL RESO AND COA'S - REVISED #2.doc51 126. It shall be the developer's responsibility to provide written disclosure of the existence of TCSD and its service level rates and charges to all prospective purchasers. Public Works Department 127. As deemed necessary by the Department of Public Works. the Developer shall receive written clearance from the following agencies: a. Rancho California Water District b. Eastern Municipal Water District c. Department of Public Works 128. Corner property line cut off shall be required per Riverside County Standard No. 805. 129. All public improvements, shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of the Department of Public Works. 130. The existing improvements shall be reviewed. Any appurtenance damaged or broken shall be repaired or removed and replaced to the satisfaction of the Director of the Department of Public Works. R:\T M\2004104-0490 31946 Temecula LanelFINAL RESO AND COA'S - REVISED #2.doc52 OUTSIDE AGENCIES R:IT M\2004\04-0490 31946 Temecul. Lane\FINAL RESO AND COA'S - REYISED#2.doc53 131. Comply with the Rancho Water District letter dated August 25,2004 and provide them with a Reciprocal Easement and Maintenance Agreement to serve the on-site water facilities. ' 132. Comply with the Riverside County Flood Control and Water Conservation District dated September 20, 2005. Additional permits may be required prior to the construction of the project. 133. Comply with the Pechanga Cultural Resources letter dated November 10, 2005. By placing my signature below, I confirm that I have read, understand, and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Planning Department approval. Applicant's Signature Date Applicant's Printed Name R:\T M\2004\04-0490 31946 Temecul. LanelFINAL RESO AND COA'S - REVISED #2.doc54 @ BaDcha Water Boardo(Dired:ors John E. Hoagland President Cuba F. Ko ST. Vice President 8tepheuJ. Corona Ralph Ii. Daily Ben R. Drake LIsa D. Herman M1ehael R. McMillan "'"'"'" BrIan J. Brady 0..""'_ PbIlllp L Forbes DirectororFinance..Treasuret E.P. "Bob- Lemons Director of Engineering .:.'.. ." August 25, 2004 --T;:::'~;-;;f-~\~,'~ AUf, 2 7 2GG~ \i Matt Harris, Associate Planner City of Temecula Planning Department 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 r,:=: t"\-\"i f v,: \",', '\'J.I r', ___ ~,'l -- _ ~ .__,..-c SUBJECT: W ATER AVAILABILITY TENTATIVE TRACT NO. 31946 PORTION OF PARCEL NO.1 AND NO.2 OF PARCEL MAP NO. 8756; APN 961-010-016, APN 961-010-018, APN 961-010- 019, APN 961-010-020, AND APN 961-010-021, PROJECTS NO. P A04-0490, NO. P A04-0491, AND NO. P A04-0492 Dear Mr. Harris: Please be advised that the above-referenced property is, located within the boundaries of Rancho Califorma Water District (RCWD). Water service, therefore, would be available upon construction of any required on-site and/or off-site water facilities and the completion of financial arrangements between RCWD and the property owner. P...,. R. Louck If fire protection is required, the customer will need to contact RCWD for fees Con"'"" and requirements. Linda M. Fregoso ==............" Water availability would be contingent upon the property owner signing an c. Mlc.... Ccwett Agency Agreement that assigns water management rights, if any, to RCWD. Best Best" Krlepr UP General Counsel A portion of this project is a condominium development with potential for individual building owners and a homeowners' association maintaining the common property and private water and fire protection facilities. As a condition of the project, RCWD requires that the City of Temecula include a Reciprocal Easement and Maintenance Agreement for these on-site private water facilities. If you should have any questions, please contact an Engineering Services Representative at this office. Sincerely, . RANCHO CALIFORNIA WATER DISTRICT 04\MM:atI23\FCF c: Laurie Williams, Engineering Services Supervisor Rancho California Water District 42135 Winchester Road . P06tOffice Box 9017 . Temecula, California 92589-9017 . (951) 296-6900 . FAX (95l) 296-6860 j'-'". WARREN D. WILLIAMS General Manager-Chief Engineer 1995 MARKET STREET RIVERSIDE, CA 92501 .951.955.1200 951.788.9965 FAX: 102252_3 RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERV AnON DISTRICT September 20, 2005 Ms. Christine Damko City of Temecula Planning Department Post Office Box 9033 Temecula, CA 92589-9033 SEP 2 2 2005 Dear Ms. Damko: Re: P A04-0490 - 0492 and P A 04-0496 . 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 (developmentmitigation fees). In addition, information of a general nature is provided. The District has not reviewed the proposed project in detail and the following comment does not in any way constitute District approval or endorsement of the proposed project with respect to flood hazard, public health and safety or any other such issue. This proposed project is adjacent to facilities that could be considered regional in nature and/or a logical extension of Temecula Creek Channel. The District would consider accepting ownership of such facilities ~n written request .of the City; Factlities!Ilust be constructed to . District> standliIds, and DiStrict plan ch~k . and fu.Spi:ttioll' will. be required for District acceptance. Plan check, inspection and administrative'fees will be required. . . 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. ,. 102252_3 Ms. Christine Damko -2- Re: P A04-0490 - 0492 and P A 04-0496 September 20, 2005 The applicant shall show written proof of compliance with the Multiple Species Habitat Conservation Plan (MSHCP) for any drainage facilities the applicant proposes to be maintained by the District. All applicable CEQA and MSHCP documents and permits shall address the construction, operation and maintenance of all onsite and ofT site drainage facilities. Draft CEQA documents shall be forwarded to the District during the public review period. If a natural watercourse or mapped floodplain is impacted by this project, the City should require the applicant to obtain all applicable Federal, State and local regulatory peimits. These regulatory . . permits include, but are not limited to: a Section 404 Permit issued by the. U.S. Army Corps of J.. Engineers .~. colnpliance with section 404..of the Clean Water Act, a CalifomiaStateDepartmentof Fish and Game Streambed Alteration Agreement in compliance with the Fish and Game Code Section 1600 et seq., and a 401 Water Quality Certification or a Report of Waste Discharge Requirements in compliance with Section 401 of the Clean Water Act or State Porter Cologne Water Quality Act, respectively, from the appropriate Regional Water Quality Control Board. The applicant 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, ~~fA> dk7 ARTURO DIAZ Senior Civil Engineer c: Riverside County Planning Department Attn: David Mares AM:blj PECIiANOA CULTURAL RESOURCES Temecu/a Band of Luiseno Mission Indians Post Office. Box 2183 . Temccul.. CA 92593 Telephone (951)308-9295' Fax (951) 506-9491 November 10,2005 Christine Damko City of Temecula Planning Department 43200 Business Park Drive Temecula, CA 92590 Re: Comments on Temecala Lane Project (pA04-0490-0492 and PA 04-0496) Dear Ms. Damko: Chairperson: Germaine Arenas Vice Chaiq>crson: Mary Bear Mag.. Conunittee Members: Raymond Basquez, Sr. EvieGerber Darl... Miranda Bridgett BarneUo Maxwell llir<ctor. Gary DuBois Coordinator: Paul Macarro Culhml1 Analyst: Stephanie Gordin . Monitor Supervisor: AWt:lia Marruffo This comment letter is submitted by the Pechanga Band of Luisefio Indians (hereinafter, "Pechanga Tribe"), a federally recogJ1i7ed Indian tribe and sovereign government The Pechanga Band requests that these comments as well as any subsequent comments submitted by the Pechanga Band be included in the record of approval for the Project The Pecbanga Tribe is formally requesting, pursuant to Public Resources Code ~21 092.2, to be notified and involved in the entire CEQA environmental review process for the duration of the above referenced project (the "Project"). TIlE TRIBE'S CONCERNS WITH TIlE PROJECT The Tribe bas two primary concerns with the Project which it would like to see addressed by the City. First and foremost, this Project is close to a site which contains over 18 burials of human remains. Such information was not included or addressed in the Cultural Resources Survey. As such, adequate and appropriate mitigation was not put into place. Further, it is the Tribe's understanding that the mass grading permit was processed separately, and as far as the Tribe is aware it was not notified of that application. Because of the proximity to the site with the burials, awarding the mass grading permit without appropriate environmental evaluation was improper by the City. . TIlE LEAD AGENCY MUST INCLUDE AND CONSULT WITH TIlE TRIBE IN ITS REVIEW PROCESS Because of the culturally sensitive site, the Temecula Creek Village site which bas been determined to be a significant site, lying in close proximity to the Project area, it is imperative that the City, as lead agency, as well as the applicant adequately consult with the Tribe. It bas Sacred Is The Duty Trusted Unto Our Care And With Honor We Rise To The Need Pecbanga comment letter ,.; the City of Temecula RE: Comments on Temecula Lane Project Page 2 been the intent of the Federal Governmentl and the State of California2 that Indian tribes be consulted with regard to issues which impact cultural and spiritual resources, as well as other . governmental concerns. The responsibility to consult with Indian tribes stems from the unique government-to-government relationship between the United States and Indian tribes. This 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 Luisefto 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. Such consultation is especially important with regard to Projects such as this one which has the potential to impact Native American human remains. PROJECT IMPACTS TO CULTURAL RESOURCES The Pecbanga Tribe asserts that the Project area is part of the Pecbanga Tribe's aboriginal territory, as evidenced by the existence ofLuisel1o place names, rock art pictographs, petroglyphs and extensive artifact records found in the vicinity of the Project. The Pechanga Tribe's primary concerns stem from the project's likely impacts on Native American cultural resources. The Pechanga Tribe is concerned about both the protection of unique and irreplaceable cultural resources, such as Luisello 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 ~21083.1), and that this is in agreement with the Tribe's practices and policies concerning cultural resources. Further, the Pechanga Tribe believes that if human remains are discovered, State law would apply and the mitigation measures for the permit must account for this. According to the California Public Resources Code, ~ 5097.98, if Native American human remains are discovered, the Native American Heritage commission must name a "most likely descendant," who shall be consulted as to the appropriate disposition of the remains. Given the Project's location in Pechanga territory, the Pecbanga Tribe intends to assert its right pursuant to California law with regard to any remains or items discovered in the course of this project. I See ExeaJtive Memorandum of April 29, 1994 on Govemment-to-Oovemment Relations with Native American Tn"bal Governments and ExeaJtive Order of November 6, 2000 on Consultation and Coordination with Indian Tn"bal Governments. 2 See California Public Resource Code ~S097.9 et seq. Pechanga Cultural Resources' Temecula Band of Luiseiio Mission Indians Post Office Box 2183' Temecula, CA 92592 Sacred Is The Duty Trusted Unto Our Care And With Honor We Rise To The Need Pecbanga comment letter. ... ') the City of Temecula RE: Comments on Temecula Lane Project Page 3 As was discussed above, the Project site lies in close proximity to the Temecu1a Creek Village site which is a sensitive archaeological village site in which multiple Native American human remain burials were encountered. As the City is aware, measures were taken in that Project to assure the appropriate treatment and protection of those burials. Further, the proximity of the Project to the creek channel makes the discovery of more human remains likely. While the Tribe understands that the intent is to leave the portion by the creek channel as open space, adequate mitigation and protection of the sensitive areas are necessary. Such conditions of approval should provide for the mass grading to be performed near the sensitive site in a lIIlinner which would allow for the greatest protection of any items or hUl11llll remains uncovered during the mass grading. For this reason, additional mitigation language is requested prior to the Project being approved. The Tribe has been in contact with the Project applicant who has expressed its willingroess to work with the Tribe to develop adequate mitigation measures and conditions of approval.for the sensitive areas. REQUIRED MITIGATION Given this Project's close proximity to known cultural sites which were not adequately discussed in the initial cUltural study, including a known village site, Pechanga requests the following be included as mitigation measures as well as conditions of approval which are required to be met prior to the issuance of grading permits, and the City should assure that the already issued mass grading permit adheres to the necessary conditions: 1. The mass grading of the Project site shall be performed in a controlled manner, the specifics of which sha1l be determined in consultation between the project applicant/developer and the Pechanga Band of Luisell.o Indians prior to issuance of grading permits or prior to project approval. 2. Prior to issuance of the grading permit, the developer sha1l enter into a Treatment Agreements with the Pechanga Tribe. This Agreement will address the treatment and disposition of cultural resources and human remains that may be encountered during construction. The Agreement will further contain provisions of tribal monitors and address compensation for the Native American monitors being paid by the developer. 3. The landowner agrees to relinquish ownership of all cultural resources, including archaeological artifacts found on the project site, to the Pecbanga Band ofLuiselI.o Indians for proper treatment and disposition to the extent authorized by the law. 4. Monitoring by a professional archaeologist and Pecbanga Tribal monitors is required during all ground disturbing activities. The monitor's shall each have the authority to temporarily halt and/or divert grading equipment to allow for additional investigation as necessary. Pechanga Cultural Resources' Temecula Band of Luiseno Mission Indians Post Office Box 2/83 . Temecula, CA 92592 Sacred Is The Duty Trusted Unto Our Care And With Honor We Rise To The Need Pecbanga comment letter',~ the City of TemecuIa RE: Comments on Temecula Lane Project Page 4 5. If human remains are encountered, all activity shall stop and the County Coroner must be notified immediately.' All activity must cease until the County Coroner has determined the origin and disposition of said remains. The Coroner shall determine if the remains are prehistoric, and shall notify the State Native American Heritage Commission if applicable. Fwther actions shall be determined by the desires of the Most Likely Descendent. 6. All sacred sites within the Project area are to be avoided and preserved. The Pecbanga Tribe looks forward to working together with the City of Temecula, the applicant, and other interested agencies in protecting the invaluable Luisefl.o 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, ~~ Stephanie Gordin Cc: Mr. Lindsey Quakenbush D.R. Horton 5927 Priestly Drive, Suite 200 Carlsbad, CA 92008 Pechanga Cultural Resources' Temecula Band of Luiseiio Mission Indians Post Office Box 2183. Temecula, CA 92592 Sacred Is The Duty Trusted Unto Our Care And With Honor We Rise To The Need