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HomeMy WebLinkAbout06_059 PC Resolution PC RESOLUTION NO. 06-59 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA06-0213, A DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR THE SITE DEVELOPMENT AND CONSTRUCTION OF A 13,000 SQUARE FOOT WATER PARK ON 15.4 ACRES LOCATED AT THE NORTHWEST INTERSECTION OF YNEZ ROAD AND COUNTY CENTER DRIVE CONSISTING OF POOLS, SLIDES, AND OTHER TYPES OF WATER RIDES, CONCESSION STANDS, GIFT SHOP, PARTY ROOM, CHANGING ROOM WITH LOCKERS, RESTROOMS, PICNIC AREAS, SERVICE YARD, AND PARKING LOT. THE WATER PARK WILL BE OPERATING APPROXIMATELY FOUR MONTHS OF THE CALENDAR YEAR, FROM MEMORIAL DAY TO LABOR DAY FROM 10:00 A.M. TO 8:00 P.M. IT IS ANTICIPATED THAT THE PARK WILL RETAIN 15 FULL-TIME STAFF AND 300 SEASONAL EMPLOYEES Section 1. On July 21, 2006, Joshua Hunter with Clearwater Waterpark Development filed Planning Application No. PA06-0213, in a manner in accord with the City of Temecula General Plan and Development Code. Section 2. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. Section 3. The Planning Commission, at a regular meeting, considered the Application, Initial Study, and Mitigation Monitoring Program on October 18, 2006, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. Section 4. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission recommended approval of the Application subject to and based upon the findings set forth hereunder. Section 5. All legal preconditions to the adoption of this Resolution have occurred. Section 6. That the above recitations are true and correct and are hereby incorporated by reference. Section 7. Findinos. The Planning Commission, in approving the Application hereby makes the following findings as required by Sections 17.05.010.F and 17.04.010.E of the Development Code. Development Plan (Code Section 17.05.010.F) 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; G:\Planning\2006\PA06-Q213 Temacula Water Park CUPlPlannlnglPC RESOLUTION #l.doc I The proposed Water Park is permitted in the Service Commercial zone based on the standards contained in the City's Development Code, which includes approval of a Conditional Use Permit. The site is properly planned and zoned, and as conditioned, is physically suitable for the proposed Water Park. The project, as conditioned, is also consistent with other applicable requirements of state law and local ordinances, including the Califomia Environmental Quality Act (CEQA), and all applicable fire and building codes. 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 Water Park, including the site, buildings, 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, ahs been found to be consistent with the City's general Plan, Development Code, Building Code, and Fire Prevention Codes to ensure that the development will be constructed and function in a manner consistent with the public health, safety, and welfare. 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 Water Park is permitted in the Service Commercial zone based on the standards contained in the City's Development Code, which includes approval of a Conditional Use Permit. The site is properly planned and zoned, and as conditioned, is physically suitable for the proposed Water Park. 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 all applicable fire and building codes. B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, or structures; The proposed Water Park is consistent with the surrounding uses and structures and will not adversely impact the existing buildings and uses because recreational uses already exist in the area. Immediately adjacent to the southem property line is Gold's Gym, a recreational workout facility open to the public. Less than one mile north of the project site is the Harveston Sports park, a public recreational facility which includes soccer fields and baseball fields. Approximately four miles east of the project site is the Harveston Community Park, a recreational lake with associated trails for City residents. . In addition, the Water Park will only be open approximately four months of the calendar year, which will greatly reduce the impact to businesses immediately adjacent to the project. With existing recreational uses already existing in the area and the short term operation season, the Water Park will not adversely affect adjacent uses or structures. G:\Planning\2006\PA06-0213 Temacula Water Park CUPlPlanninglPC RESOLUTION #l.doc 2 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 project proposes a 13,000 square foot Water Park on 15 acres and is considered a relatively smaller project compared to existing Water Parks in California. The Water park will meet all Development Code regulations in regards to floor area ratio, lot coverage, setbacks, height regulations, and parking regulations. Over 30% of the site will be landscaped, which exceeds the required 20%. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; The project has been reviewed for compliance with the Development Code, Universal Building Code (UBC), and Fire Prevention Code for compliance with all applicable requirements. Staff has found the proposed Water Park is not detrimental to the heath, safety, or general welfare of the community. In addition, Fire Prevention has reviewed the circulation and drive aisle widths and has determined that the site will be able to be adequately served by the Fire Department in an emergency situation. Section 8. Environmental Comoliance. In accordance with the California Environmental Quality Act, it has been determined that, with this mitigation, this project as proposed will not have a significant impact upon the environment. As a result, a Negative Declaration with a Mitigation Monitoring Program has been prepared. Section 9. Conditions.. The Planning Commission of the City of Temecula approves Planning Application No. PA06-0213, including the Initial Study with a Mitigation Monitoring Program, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. G:\Planning\2006\PA06-0213 Temacula Water Park CUPlPlanninglPC RESOLUTION #l.doc 3 Section 10. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 18th day of October 2006. ~~ Ron Guerriero, Chairman ATTEST: 7>d-hr ~ - ~ yG--- Debbie Ubnoske, Secretary ~"fGEAL] - -../", " "" oJ '.' I; r.', ....... 1 _.' _ ..- ^ ~ ... -. "I I ~ " STATE'OF:eAi.:.!FORNIA ) "COUNXy'OFtRIVERSIDE ) ss "';"> -CITY'OF:j~r;"ECULA ) I, DebbieUbnoske, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 06-59 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 October 2006, by the following vote: NOES: 5 PLANNING COMMISSIONERS: Carey, Chiniaeff, Guerriero, Harter, Telesio o PLANNING COMMISSIONERS: None AYES: ABSENT: 0 PLANNING COMMISSIONERS: None ABSTAIN: 0 PLANNING COMMISSIONERS: None ~L-~fL Debbie Ubnoske, Secretary G:IPlanning\2006IPA06-0213 Temacula Water Park CUPlPlanninglPC RESOLUTION #l.doc 4 .1 EXHIBIT A FINAL CONDITIONS OF APPROVAL G:\Planning\2006\PA06-Q213 Temacula Water Park CUPlPlannlnglPC RESOLUTION #l.doc 5 EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA06-0213 Project Description A Development with a Conditional Use Permit for the construction of a 13,000 square foot water park on 15.4 acres at the northwest Intersection of Ynez Road and County Center Drive consisting of pools, slides, and other types of water rides, concession stands, gift shop, party room, changing room with lockers, restrooms, picnic areas, service yard, and parking lot Assessor's Parcel No. 910-271-002 and 910-271-005 thru 910-271-008 MSHCP Category: DIF Category: TUMF Category: Commercial Service Commercial Service Commercial Approval Date: October 18, 2006 Expiration Date: October 18, 2008 WITHIN 48 HOURS OF THE APPROVAL OF THIS PROJECT Planning Department 1. The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty-Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Determination with a DeMinimus Finding for the Mitigated or Negative Declaration required under Public Resources Code Section 21152 and Califomia Code of Regulations Section 15075. If within said 48-hour period the applicant/developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)). G:\Planning\2006\PA06-0213 Teme<:ula Water Park CUPlPlanninglFinal COAs.doc 1 GENERAL REQUIREMENTS (Conditional Use Permit) G:IPlannlng\2006IPA06-0213 Temecula Water Park CUPIPlanninglFlnal COAs.doc 2 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 hours of operation for the water park shall be 10:00 a.m. to 8:00 p.m., Monday through Sunday, unless a modification of this Conditional Use Permit is approved. 4. The water park operating season shall be limited to Memorial Day to Labor Day. The park may open before and after MemoriaVLabor Day up to a maximum of 60 days per calendar year, unless a modification of this Conditional Use Permit is approved. 5. The water park shall be in compliance with the attached Mitigation Monitoring Program at all times. 6. Parking attendants shall assist in the directing of ingress/egress traffic flow at all times. 7. The water park shall comply with the attached Statement of Operations at all times. 8. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 9. The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use Permit. 10. The applicant shall work with the City of Temecula to try and provide park and ride spaces during the months when the water park Is not operational (Condition added at the October 18, 2006 Planning Commission). G:\Planning\2006\PA06-0213 Temecula Water Park CUPlPlanninglFinal cOAs.doc 3 GENERAL REQUIREMENTS (Development Plan) G:\Plannlng\2006\PA06-0213 Temecula Water Park CUPlPlanning\Final COAs.doc 4 Planning Department 1. 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. 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 permittee shall obtain City approval for any modifications or revisions to the approval of this development plan. 4. The applicant shall comply with the Mitigation Monitoring Program for Planning Application No. PA06-0213. 5. 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. 6. The Director of Planning may, upon an application being filed within 30 days prior to expiration, and for good cause, grant a time extension of up to 3 one-year extensions of time, one year at Ii time. 7. A separate building permit shall be required for all signage. (Sign program may be required). All slgnage shall be approved by the Planning Commission (Condition amended at the October 18, 2006 Planning Commission). 8. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. The applicant shall revise the site plan to include a pedestrian emergency access point located in the center of the park, along the southern property line. 9. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Planning Director. If it is determined that the landscaping is not being maintained, the Planning Director shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. G:\Planning\2006\PA06-0213 Temecula Water Park CUPlPlanninglFlnal COAs.doc 6 - 10. The applicant shall submit to the Planning Department for permanent filing two 8" X 10" glossy photographic color prints of the approved Color and Materials Board and the colored architectural elevations. All labels on the Color and Materials Board and Elevations shall be readable on the photographic prints. 11. Trash enclosures shall be provided to house all trash receptacles utilized on the site. These shall be clearly labeled on site plan. 12. Parking for the project shall be shared across the site, including parking spaces in all lots that are a part of the project. If the project involves multiple lots, the applicant shall submit to the Planning Department a copy of a recorded Reciprocal Use Agreement, which provides for cross-lot access and parking across all lots. 13. All buildings, mechanical structures, slides, and attractions must meet the 50 foot height requirement (including all future development). Public Works Department 14. 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. 15. 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. 16. An Encroachment Permit shall be obtained from the California Department of Transportation prior to commencement of any construction within an existing or proposed State right-of- way. 17. 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. 18. The project shall include construction-phase pollution prevention controls and permanent post-construction water quality protection measures into the design of the project to prevent non-permitted runoff from discharging offsite or entering any storm drain system or receiving water. 19. A Water Quality Management Plan (WQMP) must be accepted by the City prior to the initial grading plan check. The WQMP will be prepared by a registered Civil Engineer and include site design BMPs (Best Management Practices), source controls, and treatment mechanisms. 20. The proposed access on Ynez Road shall be restricted to a right in/right out movement. Building and Safety Department 21. All design components shall comply with applicable provisions of the 2001 Edition of the California Building, Plumbing and Mechanical Codes; 2004 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. G:\Planning\2006\PA06-0213 Temecula Water Park CUPlPlanninglFlnai COAs.doc 6 / 22. The City of T emecula 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, if applicable to the project, shall be subject to the provisions of Ordinance No. 03-01 and the fee schedule in effect at the time of building permit issuance. 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. 23. 24. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building and Safety Department to ensure the payment or exemption from School Mitigation Fees. 25. Obtain all building plans and permit approvals prior to commencement of any construction work. 26. Show all building setbacks. 27. Developments with Multi-tenant Buildings or Shell Buildings shall provide a house electrical meter to provide power for the operation of exterior lighting, irrigation pedestals and fire alarm systems for each building on the site. Developments with Single User Buildings shall clearly show on the plans the location of a dedicated panel in place for the purpose of the operation of exterior lighting and fire alarm systems when a house meter is not specifically proposed. 28. Provide an approved automatic fire sprinkler system. 29. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans (California Disabled Access Regulations effective April 1, 1998). 30. Provide disabled access from the public way to the main entrance of the building. 31. Provide van accessible parking located as close as possible to the main entry. 32. Show path of accessibility from parking to furthest point of improvement. 33. Trash enclosures, patio covers, light standards, and any block walls if not on the approved building plans, will require separate approvals and permits. 34. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, shown below, as allowed by the City of Temecula Ordinance No. 94-21, specifically Section G (1) of Riverside County Ordinance No. 457.73, for any site within one- quarter mile of an occupied residence. Monday-Friday 6:30 a.m. - 6:30 p.m. Saturday 7:00 a.m. - 6:30 p.m. No work is permitted on Sundays or Government Holidays G:IPlanning\2006\PA06-0213 Temecula Water Park cUPIPlanninglFinal cOAs.doc 7 35. Please be advised of the following shell building/complete building policy in the City of T emecula when preparing plans for submittals. It is our recommendation that buildings with a known tenant or occupant be submitted as a complete building. Please consider the attached Building and Safety Department policy in determining the course of your design work and subsequent submittal. 36. Obtain street addressing for all proposed buildings prior to submittal for plan review. 37. Restroom fixtures, number and type, to be in accordance with the provisions of the 2001 Edition of the California Building Code Appendix 29. 38. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. 39. Truss calculations that are stamped by the engineer of record and the truss manufacturer engineer are required for plan review submittal. 40. Provide precise grading plan at plan check submittal to check accessibility for persons with disabilities. 41. A pre-construction meeting is required with the building inspector prior to the start of the building construction. Fire Prevention 42. 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. 43. 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 2000 GPM at 20 PSI residual operating pressure, plus an assumed sprinkler demand of 400 GPM for a total fire flow of 2400 GPM with 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). 44. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix III-B, Table A-III-B-1. A combination of on-site and off-site superfire hydrants (6" x 4" x 2-21/2" outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 400 feet apart, at each intersection and shall be located no more than 225 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). 45. As required by the California Fire Code, when any portion of the facility is in excess of 150 feet from a water supply on a public street, as measured by an approved route around the exterior of the facility, on-site fire hydrants and mains capable of supplying the required fire flow shall be provided. For this project on site fire hydrants are required (CFC 903.2). G:\Planning\2006IPA06-0213 Temacula Water Park cUPIPlannlnglFlnal COAs.doc 8 46. 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 47. The trash enclosures shall be large enough to accommodate a recycling bin, as well as, regular solid waste containers. 48. 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. 49. The developer shall contact the Maintenance Superintendent for a pre-design meeting to obtain TCSD design specifications for the landscaped median on Ynez Road. 50. The landscape construction drawings for the landscaped median on Ynez Road shall be reviewed and approved by the Director of Community Services. 51. Construction of the future TCSD maintained landscaped median on Ynez Road shall commence pursuant to a pre-construction meeting with the developer and TCSD Maintenance Superintendent. Failure to comply with the TCSD review and inspection process may preclude acceptance of these areas into the TCSD maintenance programs. 52. The developer, the developer's successor or assignee, shall be responsible for the maintenance of the landscaped median on Ynez Road until such time as those responsibilities are accepted by the TCSD or other responsible party. 53. Successful completion of a 90-day maintenance period will be required prior to the acceptance of the landscaped median on Ynez Road by TCSD. 54. The Applicant shall comply with the Public Art Ordinance. 55. All parkways, landscaping, fencing and on site lighting shall be maintained by the property owner. 56. A Class II bike lane shall be installed t?n Ynez Road. G:\Planning\2006\PA06-0213 Temecula Water Park CUPlPlannlnglFlnal COAs.doc 9 PRIOR TO ISSUANCE OF GRADING PERMITS G:\Plannlng\2006\PA06-Q213 Temecula Water Park cUPlPlanninglFlnal cOAs.doc 10 Planning Department 57. Double detector check valves shall be either installed underground or internal to the project site at locations not visible from the public right-of-way, subject to review and approval by the Director of Planning. 58. The following shall be included in the Notes Section of the Grading Plan: "If at any time during excavation/construction of the site, archaeologicaVcultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Director of Planning at his/her sole discretion may require the property to deposit a sum of money it deems reasonably necessary to allow the City to consult and/or authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the discovery is not an archaeologicaVcultural resource, the Director of Planning shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeological/cultural resource, the Director of Planning shall notify the property owner that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Director of Planning." 59. If cultural resources are discovered during the project construction (inadvertent discoveries), all work in the area of the find shall cease, and a qualified archaeologist and representatives of the Pechanga Tribe shall be retained by the project sponsor to investigate the find, and make recommendations as to treatment and mitigation. 60. All sacred sites are to be avoided and preserved. Public Works Department 61. An Irrevocable Offer of Dedication shall be approved and recorded for the future French Valley Interchange right-of-way along the westerly property boundary. 62. A permit from Riverside County Flood Control and Water Conservation District is required for work within their right-of-way. 63. A permit from Caltrans is required for any work within their right-of-way. 64. 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. 65. 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. 66. 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. G:\Planning\2006\PA06-0213 Temecula Water Park cUPlPlanninglFlnal cOAs.doc 11 67. 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. 68. Construction-phase pollution prevention controls shall be consistent with the City's Grading, Erosion & Sediment Control Ordinance and associated technical manual, and the City's standard notes for Erosion and Sediment Control. 69. The project shall demonstrate coverage under the State NPDES General Permit for Construction Activities by providing a copy of the Waste Discharge Identification number (WDID) issued by the State Water Resources Control Board (SWRCB). A Stormwater Pollution Prevention Plan (SWPPP) shall be available at the site throughout the duration of construction activities. 70. 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 71. 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 property. 72. 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. 73. 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. 74. 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. G:\Planning\2006\PA06-0213 Temecula Water Park cUPlPlannlnglFlnal cOAs.doc 12 PRIOR TO ISSUANCE OF BUILDING PERMIT G:\Plannlng\2006\PA06-0213 Temecula Water Park cUPlPlanninglFlnal cOAs.doc 13 Planning Department 75. A lot line adjustment shall be submitted and approved and recorded by the Planning Department prior to the issuance of any building permit. 76. The applicant shall submit a photometric plan, including the parking lot to the Planning Department, which meets the requirements of the Development Code and the Palomar Lighting Ordinance. The parking lot light standards shall be placed in such a way as to not adversely impact the growth potential of the parking lot trees. 77. All downspouts shall be internalized. 78. Three 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 T emecula Fee Schedule at time of submittal). b. Provide a minimum five-foot wide planter to be installed at the perimeter of all parking areas. Curbs, walkways, etc. are not to infringe on this area. c. Provide an agronomic soils report with the construction landscape plans. d. One copy of the approved grading plan. e. Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance). f. Total cost estimate of plantings and irrigation (in accordance with approved plan). g. A landscape maintenance program shall be submitted for approval, 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 carry out the detailed program. h. Specifications shall indicate that a minimum of two landscape site inspections will be required. One inspection to verify that the irrigation mainline is capable of being pressurized to 150 psi for a minimum period of two hours without loss of pressure. The second inspection will verify that all irrigation systems have head.to.head coverage, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The applicant/owner shall contact the Planning Department to schedule inspections. 79. All utilities shall be screened from public view. Landscape construction drawings shall show and label all utilities and provide appropriate screening. Provide a three foot clear zone around fire check detectors as required by the Fire Department before starting the screen. Group utilities together in order to reduce intrusion. Screening of utilities is not to look like an after-thought. Plan planting beds and design around utilities. Locate all light poles on plans and insure that there are no conflicts with trees. G:\Planning\2006\PA06-0213 Temacula Water Park cUPlPlannlnglFlnal COAs.doc 14 80. Building Construction Plans shall include details of all outdoor areas (including but not limited to trellises, decorative furniture, fountains, and hardscape to match the style of the building subject to the approval of the Planning Director. 81. Building plans shall indicate that all roof hatches shall be painted "International Orange." The construction plans shall indicate the application of painted rooftop addressing plotted on a 9-inch grid pattern with 45-inch tall numerals spaced 9-inches apart. The numerals shall be painted with a standard 9-inch paint roller using fluorescent yellow paint applied over a contrasting background. The address shall be oriented to the street and placed as closely as possible to the edge of the building closest to the street. Public Works Department 82. Improvement plans and/or precise grading plans shall conform to applicable City of T emecula standards subject to approval by the Director of the Department of Public Works. The following design criteria shall be observed: a. Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. 83. Driveways shall conform to the applicable City of Temecula Standard No. 207A. a. Street lights shall be installed along the public streets adjoining the site in accordance with City Standard No. 800, 801 , 802 and 803. b. Concrete ramps shall be constructed along public street frontages in accordance with City of Temecula Standard Nos. 400. 401 and 402. c. All street and driveway centerline intersections shall be at 90 degrees. d. 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. 84. The Developer shall construct the following public improvements to City of Temecula General Plan standardsun'ess otherwise noted. Plans shall be reviewed and approved by the Director of the Department of Public Works. a. Improve Ynez Road (Major Highway Standards - 100 foot R/W) along property frontage to include installation of sidewalk, signing and striping, utilities (including but not limited to water and sewer), and a 14 foot wide raised landscaped median. b. The signal at the intersection of Ynez Road and County Center Drive shall be modified to accommodate full movement. c. Provide a dedicated right turn lane on Ynez Road onto the project's main entry - 10 feet wide by 150 feet long with a 120 feet transition. 85. The Developer shall construct the following public improvements in conformance with applicable City standards and subject to approval by the Director of the Department of Public Works: a. Street improvements, which may include, but not limited to: median, sidewalk, drive approaches, signing, striping, traffic signal systems, and other traffic control devices as appropriate G:\Planning\2006\PA06.0213 Temecula Water Park CUPlPlanninglFlnal cOAs.doc 16 86. 87. b. Storm drain facilities c. Sewer and domestic water systems 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. 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. 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 T emecula Municipal Code and all Resolutions implementing Chapter 15.06. 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. Building and Safety Department 88. . 89. 90. Provide appropriate stamp of a registered professional with original signature on plans prior to permit issuance. . Fire Prevention 91. 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). 92. Prior to building final, all locations where structures are to be built shall have approved Fire Department vehicle access roads to within 150 feet to any portion of the facility or any portion of an exterior wall of the building(s). Fire Department access roads shall be an all weather surface designed for 80,000 Ibs. GVW with a minimum AC thickness of .25 feet (CFC sec 902). 93. 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 feet six (6) inches (CFC 902.2.2.1). 94. 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). 95. Prior to building construction, this development shall have two (2) points of access from Ynez Road, via all weather surface roads and one (1) point of access into the grounds. The bridges going in to the center island do not require vehicle access and was approved by the Fire Prevention Bureau (CFC 902.2.1). G:\Planning\2006\PA06-0213 Temecula Water Park CUPlPlannlnglFinal cOAs.doc 16 96. 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 97. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction debris. 98. The developer shall post security and enter into an agreement to install the landscaped median on Ynez Road. 99. The trash compactor, location and enclosure (if any) will be reviewed and approved by Planning Department, Community Services Department and the City's franchised trash hauler. 100. Prior to the first building permit or installation of street lights on Ynez Road which ever occurs first, the developer shall complete the TCSD application process, submit an Edison Streetlight Plan and pay the appropriate energy fees related to the transfer of street lighting into the TCSD maintenance program. G:\Planning\2006\PA06-0213 Temacula Water Park CUPlPlanninglFinal COAs.doc 17 PRIOR TO RELEASE OF POWER, BUILDING OCCUPANCY OR ANY USE ALLOWED BY THIS PERMIT G:\Planning\2006\PA06-0213 Temecula Water Park CUPlPlanninglFlnal cOAs.doc 18 Planning Department 101. Prior to the release of power, occupancy, or any use allowed by this permit, the applicant shall be required to screen all loading areas and roof mounted mechanical equipment from view of the adjacent residences and public right-of-ways. If upon final inspection it is determined that any mechanical equipment, roof equipment or backs of building parapet walls are visible from any portion of the public right-of-way adjacent to the project site, the developer shall provide screening by constructing a sloping tile covered mansard roof element or other screening if reviewed and approved by the Director of Planning. 102. All required landscape planting and irrigation shall have been installed consistent with the approved construction plans and shall be in a condition acceptable to the Director of Planning. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 103. 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. 104. Each parking space reserved for the handicapped shall be identified by a permanently affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parking space at a minimum height of 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off- street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating the following: 'Unauthorized vehicles parked in designated accessible spaces not displaying distinguishing placards or license plates issued for persons with disabilities may be towed away at owner's expense. Towed vehicles may be reclaimed by telephoning (951) 696-3000." 105. In addition to the above requirements, the surface of each parking place shall have a surface identification sign duplicating the Symbol of Accessibility in blue paint of at least three square feet in size. 106. All site improvements including but not limited to parking areas and striping shall be installed prior to occupancy or any use allowed by this permit. 107. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Public Works Department 108. The project shall demonstrate that the pollution prevention BMPs outlined in the WQMP have been constructed and installed in conformance with approved plans and are ready for immediate implementation. G:\Plannlng\2006\PA06-Q213 Temecula Water Park cUPlPlannlnglAnal COAs.doc 19 109. 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 110. All public improvements, including traffic signals, shall be constructed and completed perthe approved plans and City standards to the satisfaction of the Director of the Department of Public Works. 111. 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. Fire Prevention 112. 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). 113. 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 (CFC 901.4.4). 114. Prior to issuance of Certificate of Occupancy or building final, based on square footage and type of construction, occupancy or use, the developer shall install a fire sprinkler system. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval prior to installation (CFC Article 10, CBC Chapter 9). 11 5. Prior to issuance of Certificate of Occupancy or building final, based on a requirement for monitoring the sprinkler system, occupancy or use, the developer shall install an fire alarm system monitored by an approved Underwriters Laboratory listed central station. Plans shall be submitted to the Fire Prevention Bureau for approval prior to installation (CFC Article 10). 116. Prior to the issuance of a Certificate of Occupancy or building final, a "Knox-Box" shall be provided. The Knox-Box shall be installed a minimum of six (6) feet in height and be located to the right side of the main entrance door. Application for the Knox-Box may be obtained from the Fire Prevention Bureau (CFC 902.4). 117. 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 fire fighting personnel (CFC 902.4). 118. Prior to final inspection of any building, the applicant shall prepare and submit to the Fire Department for approval, a site plan designating Fire Lanes with appropriate lane painting and or signs. G:\Planning\2006\PA06-0213 Temacula Water Park cUPlPlanninglFinal cOAs.doc 20 119. Prior to the issuance of a Certificate of Occupancy or building final, the developer/applicant shall be responsible for obtaining underground and/or aboveground tank permits for the storage of combustible liquids. flammable liquids or any other hazardous materials from both the County Health Department and Fire Prevention Bureau (CFC 7901.3 and 8001.3). 120. The applicant shall comply with the requirements of the Fire Code permit process and update any changes in the items and quantities approved as part of their Fire Code permit. These changes shall be submitted to the Fire Prevention Bureau for review and approval per the Fire Code and is subject to inspection (CFC 105). 121 . The applicant shall submit for review and approval by the Riverside County Department of Environmental Health and City Fire Department an update to the Hazardous Material Inventory Statement and Fire Department Technical Report on file at the city; should any quantities used or stored onsite increase or should changes to operation' introduce any additional hazardous material not listed in existing reports (CFC Appendix II-E). Community Services Department 122. The landscaped median on Ynez Road shall be completed to the satisfaction of the Director of Community Services. Outside Agencies 123. Flood protection shall be provided in accordance with the Riverside County Flood Control District's transmittal dated August 7,2006, a copy of which is attached. The fee is made payable to the Riverside County Flood Control Water District by either a cashier's check or money order, prior to the issuance of a grading permit (unless deferred to a later date by the District), based upon the prevailing area drainage plan fee. 124. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated August 14, 2006, a copy of which is attached. 125. The applicant shall comply with the recommendations set forth in the Rancho California Water District's transmittal dated July 28,2006, a copy of which is attached. 126. The applicant shall comply with the recommendations set forth in the City of Temecula Police Department transmittal dated July 27, 2006, a copy of which is attached. 127. The applicant shall comply with the recommendations set forth In the Pechanga Cultural Resources letter dated October 16, 2006, a copy if which Is attached (Condition amended at the October 18, 2006 Planning Commission). By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant's Signature Date Applicant's Printed Name G:\Plannlng\2006\PA06-0213 Temacula Water Park CUPlPlanninglFlnal COAs.doc 21 1995 MARKET STREET RIVERSIDE, CA 92501 951.955.1200 951.788.9965 FAX 51180_2 ~@CG~ D Wrs~:.0 /.Sf' ,. .; t- . AUG 08 2006 1!) i~,__ WARREN D. WILLIAMS ""eral Manager-Chief Engineer .' ~ '1. "'- ~ ~/t rAt\'" I RlVERSIDECOUNTY FtOOD CONtROL AND WATER CONSERVATION DISTRICT I City of Temecula Planning Department Post Ollice Box 9033 Temecula, California 92589-9033 Attention: ~.5:n,J1!" ~ t<:-o:. By P/ . anmng Departrr'0n! . I i 'f'AO(,-oU~ Ladies and GenUemen: Re: The District does not nonnally recommend conditions for land Illvisions or other land use cases in I"-,..w,~led cities. The District also does not plan check ~ land use cases, oraade State Divis! m of Real Estate letters or other flood hazard r~rts for such cases. District comments:.,......... atlons for such eases are nonnally.limlted to Items of sDecific ir\terest to the DIstrict including Dlsbict Master Oral Ige Plan facilities, other regional flood control and arallll!ge facilities which COUld be considered a logical. comPQllent or extensionlof a master plan sy'stem, and Dlslrlct Area Drainage Plan fees (development mitigation fees). In addition, Infonnation bf a general nature IS provided. . . i The Disbict has not reviewed the proposed project in detail and the following cihecked comments do not In any way constitute or Imply District approval or endorsement of the propOsed project With] respect to flood hazard, public health and safety or any other suclllssue: ,', , f' No comment. 7- This prolect would not be Impacted by Disbict Master Drainage Plan facilities nor are other facilities of regioriallnterest proposed. . : . This project Involves District Master Plan facilities. The Disbictwill accept ownershJp of such facilities on . written request of the City. Facilities must be constructed to Disbict standards, and District plan check and ins~on will be required for Disbict a~t';"'.ce. Plan check, inspEl,ctlon arid administrative fees will be required. 1 I . This project propOses channels, stonn drains 36 inches or larger in diameter or other facilities that could be consJdeIed regional in nature and/or a logical extension of the adopted . Master Dralna9El Plan. .The District would consider aGre\?tlng ownership. 01 suallllQlmes on wnuen request of the Citv. FaCilities must be consliuCted to District standards, and District plan check and Inl!ll8clion will be required for District acceptance. Plan check, Inspection and administrative fees will be required. 2=:.. ThIs project Is located withln the limits of the DIstrict's ~~~_~""~"j\oUllhea Drainilmi Plan for which dralna!J!l fees have been ado~~ed' allPucaOle lees snoula De pala DY casruers check or money order only to the F100d Control Disbict or C or to issuance of grading pennlts. Fees to be paid should be at the rafe in effect at the time of issuance 0 actual pennit. _ M encroachment permit shall be obtained for any construction related activities occuning within District right of way or facilities. For further infonnatlon, contact the Disbict's enaoachmenl pennit section at 951.955.1266. I' GENERAL INFORMATION Thfa project may ~ulrea National Pollutant Olscharge BlmlnationSystem lNPDES) ~rmii'from ihe State' Water . Resources ConltOl BOard. Clearance for gradillQ, . ~_.J~non, or other final approval sliould not be given untlllhe City hasdetennined that the project has been grantea a pennlt or IS shown to be exempt. If this proiect Involves a Federal Emergenq Management Agency (FEMAl map~d flood plain, then the Citv should require tIie applicant to proVide all studies,\. calculations, plans and other Information rl!9uired to meal FEMA requirements, and should further rB!luire that lIIe 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 fo OCCl!P8ncy. I If a natural ~tercourse or mapped flood plain js Imp;lct~ by thi~ proJect, the City should require the apPlicant to obtain a section 1601/1603 A~_~...~..l frOm the California De.........,.l of Fish an(l Game and a Clean Water Act Section 404 Pennit from.the U.~. Army' Corps of Engineers or Written COlTespol)dence from these agencies Indlcatl!lll the project Is exempt from these'requlrements. A Clean Water Act Section 401 Water Quality Ceitification may be reqUire<! from the loCal California Regional Water Quality Control Board prior to issuance of the Corps 404 pennlt. Very truly yours, a~v~ ARTURO DIAZ SeniOl Civil Engineer Date: 8-7-4h c: Riverside County Planning C~~~.;..,ent Attn: David Mares -;w.. '-' ---./ A~A D CWNTY C;" ;:"J'JERSIDE · H~A SERVICES AGENCY D ~.JI DEPARTMENT OF ENVIRONMENTAL HEALTH ....... l~"""~''''''iI,L'''''ill''b'''''':'''''''''''''''''.''i''Jl'''"'''il''","''i",I,~''i,',I.lii"'il""I'',II",;.,,.,''''ll''''''',II',","'" ':'"""""",,,,,,,,,,,,, """"""""""",,,,,.,,"",O.i""''',' ","'''0"""",,, 1,1,,,.'iI,,lIi~II',. '''-../ August 14, 2006 City ofTemecula Planning Department P.O. Box 9033 Temecula, CA 92589-9033 Attention: Christine Damko RE: Development Plan No. P A06-02l3 ~r2f0>~ D n~~:.1 O LS;. ~ I'", J \'If ';:;;, " ~ CJ ''''''11'1.' I " . 'i AUG 1 6 2006 & ,', ,. Dear Ms. Damko: (, ., "'~".:!I tr"en! D"'l',..;"'mt of Environmental Health has reviewed. he developme)tt plan with a Conditional Use Permit for a 13,000 square foot water park loCated 01 the northweSt intersection of Ynez Road and County Center Drive (Former Pre-App, PR06-00l5) d les indicate w4ter and sewer services exist, and we assume that these services are in and are available. ' : l ~ 1. PRIOR TO THE ISSUANCE OF BUILDING PE RMITS THE FOLLOWING SHOULD BE REQUIRED: ; a) "Will-serve" letters from the "t'l'.ul'.:ate water district (APN 910-271-002). b) If there are to be any food establishments, (including vJnding machines), three complete sets of plans for each food establishment will be submitted including a fixture schedule, a fmish schedule and a plumbing schedule in order to ehsure compliance with the California Uniform Retail Food Facilities Law 2. For sPecific reference, contact Food Facility Plan Examiners at (951) 461.0284. .~ c) Swimming pools must be submitted to the Department of Environmental Health pool plan section at 951-461-0284. Sincerely. Gregor Dellenbach, REHS (951) 955-8980 NOTE: Any current additioua1 requiremeDts Dot covered can be applicable at time of Building Plan review for tinaI _.,.._._. of f, ,'.,,,,, :ntalHeallhclearance. '--.' , .col Enforcement Agency' P.O. Box 1280, Riverside, CA 92502-1280 . (909) 955-898~ . FAX (9091 781.9653 . 4080 Lemon Street, 9th Floor, Riverside. CA 92501 . ond U.e and Water Engineering' P.O. Box 1206, Riverside, CA 92502-1206 . (90919554980' FAX (9091 955f03 . 4080 Lemon Street, 2nd Floor, Riverside, CA 92501 r @ Bwha later Board ofDirecton Ben R. Drake President Stephen J. Corona Sr. VICe President Ralph II- Dally LIsa D.llennan John E. Bo8.JIand M1chae1 R. McMWan William E. Phuwaer Olll<m< Brian J. Brady General Manager PbiUip L Forbes Asslstant General Manager I ChiefFinancialOfticer E. P. "Bob" l.eDaona Director ofEnpneering Perry R. Louek Director of Planning JetlD.Armst.rong Controller Kelli Eo Garcia Dbtrld_ C. Michael Cowett Best Herd &. Kriepr LLP General CouDlleI ,'. , July 28, 2006 Christine Damko, Project Planner City of Temecula Planning Department 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 D~~~DW[gm 11 AUG 0 2 2006 Q By _H_ . Planning Department I SUBJECT: WATER AVAILABILITY PROPOSED TEMECULA WATEJl PARK PARCELS NO.3, Np. 4, AND Nq. 5 OF PARCEL MAP NO. 27239 AND PORTI~NS OF PAR~EL NO.2 AND NO.3 OF PARCEL MAP NO; 19677; APNJ910-271-002, APN 910-271- : \ 005, APN 910-271-006, APN 910-271-007, AND APN 910-271- 008; CITY PROJECT NO. P A06-O?-13 [CLEARWATER WATERPARK pEVELOPMENT) Dear Ms. Damko: Please be advised that the above-referenced property is located within the boundaries of Rancho California Water District (RCWD). Water service, therefore, would be available upon construction of any required on-site and/or off- site water facilities and the completion of financial arrangements between RCWD and the y,vY"'~Y owner. If fire protection is required, the customer will need to contact RCWD for fees and requirements. Water availability would be contingent upon the property owner signing an Agency A/$'""...ent that assigns water management rights, if any, to RCWD. ' This project shOuld. be conditioned. to USe recycled water for all landscape irrigation. If you should have any questions, please contact an Engineering Services Representative at this office. Sincerely, RANCHO CALIFORNIA WATER Mic ael G. Meyerpeter, .E. Acting Development Engineering Manager ,---,' cc: Laurie Williams, Engineering Services Supervisor 06\MM:at2521FEO , Rancho California Wa~r DiStrict 4.2135Wincbll&terRoad .,POlItOfficeBw:9017. Tern<<:uIa.,CaliComia92689-901'l. (gn\'2.~. F..x<.qs\~~ www ' -", ,,,', n'fom ' ''--.' . I TEMECULA POLICE DEPARTMENT Crime Prevention & Plans Unit : 28410 Old Town Front Street, Suite, 105, Temecul~, CA 92590 (951) 695-2773 Fax: (951) 506-5708 Date: July 27,2006 PA06-0213 - Project Number: Project Type: Development Plan Ternecula Water Park Project Name: Project Description: A Development Plan with a C~nditional Use ~ermit for a 13,000 square foot water park located at the North West int,rsection of Ynez Road and County Center Drive !! . Clearwater Water Park Devel9pment Christine Damko Applicant: Case Planner: , The following pertains to Officer Safety, Public Safety and Crime Prevention measures regarding this planning project transmittal. 1. Landscaping: Applicant shall ensure all landscaping surroLnding all buildings are kept at a height of no more than three feet (3') or below the ground floor windowsills. Plants, hedges and shrubbery should be defensible plants to deter would-be intruders from breaking into the buildings utilizing lower level windows. All landscaping surrounding all waterslide attractions will.be maintained at a level so as not to interfere with the safe operation of each attraction. a. Applicant shall ensure all trees surrounding all building roof tops and water attractions be kept at a distance so as to deter roof accessibility by "would-be burglars." Trees also act as a natural ladder. Prune tree branches with at least a 6 feet clearance from all buildings and water attractions. , ; b. Any burms should not exceed 3' in height. 2. c. The placement of all landscaping should follow the recommendations from Crime Prevention through Environmental Design (CPTED) guidelines. Lighting: All parking lot lighting surrounding the complex should be energy-saving and minimized after hours of darkness and in compliance with the State of California Lighting Ordinance, California Government Code 8565. Furthermore, recommend all exterior lighting be in compliance with Mt. Palomar Lighting Ordinance 665 requiring low-pressure sodium lighting. ',,---,. , . a. Recommend all exterior doors have their own vandal; resistant fixtures installed above each door. The doors should be illuminated with a minimum one (1) foot candle illumination at ground level. evenly dispersed. b. All exterior night lighting should be wall mount light fiXtures to provide sufficient lighting during hours of darkness and to prevent problems on the premises. I c. The Govemors Order to address the power crisis became effective March 18, 2001. This bill calls for a substantial reduction from businesses to cut usage during non-business hours. The order, in part, stateS: "All California retail establishments, including but not limited to shopping ~nters, auto malls and dealerships, shall substantially reduce maximum out<lloor lighting capability during non-business hours except as necessary for the health and safety of the public, employees or property." 1 3. 1. d. "Failure to comply with this order following a warning iby law enforcement officials shall be punishable as a misdemeanor with a fine not to exceed $1,000.00 in accordance with section 8565 of the c;alifomia Gove~nment Code." ! , Hardware: Recommend all doors, windows, ilocking mechahisms, hinges, and other miscellaneous hardware is commercial or institution grade. I . Graffiti: Any graffiti painted or marked upon /he buildings s~ould be removed or painted over within twenty-four (24) hours of being discovered. Photc;>graphs of the graffiti should be taken and forwarded to the Temecula Police Department; attn: Crime Analysis. Report all crimes to the Temecula Police 24-hour dispatch ~nter (951) 696-HELP. , "--_/ 4. 5. Alarm System: Upon completion of construction, the buildings shall have a mpnitored alarm system installed and monitored 24-hours a day by a d~signated private alarm company, to notify the Teinecula Police Department of any intrusion. Roof Hatches: All roof hatches shall be painted "Internatio~al Orange." Public Telephones: Any public telephones located on the exterior of the buildings should be placed in a well-lighted, highly visible area, and installed with a "call-out only" feature to dete( loitering. This feature is not required for public telephones installed within the interior of the buildings. . 6. 7. 8. Marked Parking for Disabled Vehicles: AII.disabled parkil')g stalls on the premises shall be marked in accordance with section 22511.8 of the California Vehicle Code. 9. Crime Prevention: a. All retailing businesses shall contact the California R~tailers Association for their booklet on the Califomia Retail Theft Law at: California Retailers Association 1127-11th Street, Suite 1030. Sacramento, CA 95814 (916) 443-1975. Penal Code 490.5 affords merchants the opportunity to recOver their losses through a civil demand program. b. Business desiring a business security survey of their location can contact the Crime Prevention and Plans Unit of the Temecula Police Department. "--' ",-- Employee training regarding retail theft, credit card prevention, citizen's arrest procedures, personal safety, business security, shoplifting or any other related crime prevention training procedures is also available through the crime prevention unit. d. If the applicant plans on applying for a separate alcoholic beverage control license, a separate conditional use permit/public convenience and necessity request must be submitted. Applicant.YJiIl Comply with all guidelines of the California Business and Profession Codes and all other guidelines associated with the State Department of Alcoholic Beverage Control. Contact the Temecula Police Department for inspections and training for employees, management . and owners: This includes special events held on loCation where alcohol will be serviced for a fee and the event is open to the general public. c. e. The Temecula Police Department affords all retailers, the opportunity to participaie in the "Inkless Ink Program~" At a minimal; cost of less than $40.00 for inkless inkpads, retailers can take a thumbprint ofev!lry customer using a personal check to pay for services. A decal is also. P9sted on the front entry of the business-advising customers of the "Inkless Ink program in use".. If the business becomes a victim of check fraud, the police' department will be able to track the suspect with the thumbprint. . . Any questions regarding these comments shall be referred to the Temecula Police Department Crime Prevention and Plans Officer at (951) 695-2773. '~./ Lynn N. Fanene, Sr. "-- . ,. Chairperson: Germaine Arenas PECHANGA CULTURAL RESOURCES Temecu/a Band of Luisena Mission Indians Vice Chllirpcrson: Mary Bear Magee p{l~t Ofticc. Bo.'( 2183. Tcmcculn. C^ 9259:\ Telephone (951) :\08-9295 . Fax (951) 506-9491 Committee Members: Raymond Basque7., Sr. Evie Gerber Darlene Mimnda Bridgett Barccllo Maxwell October 16, 2006 Director: Gary DuBois Coordinator: Paul Macarro SENT VIA FACSIMILE AND E-MAIL Cultural Analyst: Stephanie Gordin Christine Damko, Associate Planner City ofTemecula Planning Department P.O. Box 9033 Temecula, CA 92589-9033 Monitor Supervisor: Aurelia MarrutTo Re: Comments on TemecuIa Water Park, PA06-0213 Dear Ms. Damico: This comment letter is submitted by the Pechanga Band of Luiseilo Indians (hereinafter, "Pechanga Tribe"), a federally recognized Indian tribe and sovereign government. We request that this letter and all of the Tribe's comments be part of the official record for the approval of this Project. We also request that the City of Temecula provide us with copies of all archeological studies, reports, site records, proposed testing plans, and proposed mitigation measures, and conditions as soon as they become available. We are also requesting that the Tribe be on the mailing list for this Project so that we receive all notices, public documents, and hearing notices pertaining to this Project. .PROJECT IMPACTS TO CULTURAL RESOURCES The Pechanga Tribe is not opposed to this development project. The Pechanga Tribe's primary concems 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 culturai resources, such as Luisefto 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. The Pechanga Tribe asserts that the Project area is part of the Pechanga Tribe's aboriginal territory, as evidenced by the existence of Luisefto place names, rock art pictographs, petroglyphs and extensive artifact records found in the vicinity of the Project. Given this threshold for the scope of Pechanga traditional territory. the Pechanga Tribe is concerned about the potential impacts to Luisefto/Pechanga resources which may occur throughout the Project area. The Pechanga Tribe contends that the Project area is likely to contain cultural resources due to the fact that numerous T- Sacred Is The DUlY Trusled Unto Ou/" Care And Wilh Honor We Rise To The Need .' Pechanga LeUer dated October 16,2006 to City ofTemecula Re: Comments on Temecula Water Park, P A06-0213 Page 2 cultural and archeological sites are located within the immediate surrounding area of the proposed project boundaries. In addition, this area has yielded sensitive cultural resources on previous projects, which increases the likelihood of further discoveries in the area during ground disturbing activities. Furthennore, the Pechanga Tribe's cultural knowledge of the continuous occupation of the Luisefio people in this geographical area for thousands of years, through their stories and songs, is additional evidence that subsurface sites may exist in this Project area. Given that Luiseno cultural resources will likely be affected by the Project, the Pechanga Tribe must be allowed to be involved and participate with the Lead Agency and the Project Applicant in developing all monitoring and mitigation plans for the duration of the Project, Further, given the potential for archaeological resources within the Project area, it is the position of the Pechanga Tribe that Pechanga tribal monitors should be required to be present prior to and during all ground- disturbing activities conducted in connection with the project, including any archeological testing Jk-.;v.."ed. It is further the position of the Pechanga Tribe that an Agreement regarding appropriate treatment of cultural resources be drafted and entered into. . Further, the Pechanga Tribe believes that if human remains are discovered, State law would apply and the mitigation measures for the penn it must account for this. According to the California Public Resources Code, ~ 5097.98, if Native American human remains are discovered, the Native American Heritage commission must name a "most likely descendant," who shall be consulted as to the appropriate disposition of the remains. Given the Project's location in Pechanga territory, the Pechanga Tribe intends to assert its right pursuant to California law with regard to any remains or items discovered in the course of this project. Accordingly, the Pechanga Tribe further requests that the Lead Agency work with the Tribe to draft an agreement which would address any inadvertent discoveries of cultural resources, including human remains. PROPOSED MITIGATION MEASURES Below are the Tribe's preliminary comments on the proposed mitigation measures for this Project. As the Tribe has not had the opportunity to review the archeological reports for this Project, we reserve the right to submit additional mitigation measures for consideration by the Lead Agency. I. Prior to the issuance of grading pennits, the Project ApplicantlDeveloper is required to enter into a Treatment Agreement with the Pechanga Band of Luisefio Indians. This Agreement will address the treatment and disposition of cultural resources and human remains that may be uncovered during construction as well as provisions for tribal monitors. 2. Tribal monitors from the Pechanga Band of Luisefio Indians shaJl be aJlowed to monitor all grading, excavation and ground-breaking activities, including further surveys, to be compensated by the Project ApplicantlDeveloper. The Pechanga Tribal monitors will have the authority to temporarily stop and redirect grading activities to evaluate the significance of any archaeological resources discovered on the property, in conjunction with the archeologist and the Lead Agency....._..........._.........._........................_..._............_.. ............_....._ .. ...... ........_.._____,_ ........_....................__........ Pechallga Cultural Resources. Temecu/a Bal1d of Lu;sel10 Mission Indians Post Office Box 2183 . Temecu/a, CA 92592 Sacred Is The Dwy Trusted Vllto Our Care And With HOllor We Rise To The Need ..1 '. Pechanga Letter dated October ]6, 2006 to City ofTemecula Re: Comments on Temecula Water Park, PA06-02t3 Page 3 3. Ifhuman 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. Further actions shall be determined by the desires of the Most Likely Descendent. 4. The landowner agrees to relinquish ownership of all cultural resources, including all Luisetio sacred items, burial goods and all archeological artifacts that are found on the Project area to the Pechanga Band of Luisetio Indians for proper treatment and disposition. 5. All sacred sites within the Project area are to be avoided and preserved. The Pechanga Tribe looks forward to working together with the City of Temecula Planning Department and other interested agencies in protecting the invaluable Luisetio cultural resources found in the Project area. If you have any questions, please do not hesitate to contact me at (951) 308-9295. Thank you for the opportunity to submit these comments. Sincerely, .~~ J{<Yh~ Stephanie Gordin Cultural Analyst Cc: Pechanga Legal Department Pechanga Cultural Resources' Temecula Band of Luiselio Mission Indians Post Office Box 2/83 . Temecu/a, CA 92592 Sacred Is The Duty Trusted Unto Our Care And With Honor We Rise To The Need