HomeMy WebLinkAbout07_036 PC Resolution
PC RESOLUTION NO. 07-36
A RESOLUTION OF THE PLANNING COMMISSION OF
THE . CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA06-0370, A TENTATIVE TRACT
MAP (TTM 35181) TO SUBDIVIDE 84 ACRES INTO FIVE
PARCELS, FOUR DEVELOPABLE LOTS AND ONE
SLOPE AND EASEMENT PARCEL, LOCATED AT THE
NORTHWEST CORNER OF DENDY PAR~AY AND
WINCHESTER ROAD (APN 909-370-018 AND 909-370-
032)
Section 1. Procedural Findinas. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A. On December 12, 2006, The Garrett Group filed Planning Application No.
PA06-0370, (Tentative Tract Map), in a manner in accord with the City of Temecula
General Plan and Development Code.
B. The Application was processed including, but not limited to a public notice,
in the time and manner prescribed by State and local law.
C. The Planning Commission, at a regular meeting, considered the
Application and environmental review on September 5, 2007, at a duly noticed public
hearing as prescribed by law, at which time the City staff and interested persons had an
opportunity to and did testify either in support or in opposition to this matter.
D. At the conclusion of the Commission hearing and after due consideration
of the testimony, the Commission approved Planning Application No. PA06-0370
subject to and based upon the findings set forth hereunder.
E. All legal preconditions to the adoption of this Resolution have occurred.
Section 2. Further Findinas. The Planning Commission, in approving the
Application hereby finds, determines and declares that:
Section 16.09.140 (Tentative Map)
A. The proposed subdivision and the design and improvements of the
subdivision are consistent with the Development Code, General Plan, and the City of
Temecula Municipal Code;
Tentative Tract Map No. 35181 is consistent with the General Plan, the
Subdivision Ordinance, the Development Code, and Municipal Code because the
project has been designed in a manner that is consistent with the policies and
standards in the General Plan, Subdivision Ordinance, Development Code, and
Municipal Code.
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B. The Tentative Map does not propose to divide land which is subject to a
contract entered into pursuant to the California Land Conservation Act of 1965, or the
land is subject to a Land Conservation Act contract but the resulting parcels following
division of the land will not be too small to sustain agricultural use;
The subject parcels do not propose to divide land which is subject to a contract
entered into pursuant to the California Land Conservation Act of 1965. The
subject property has not been designated for conservation or agricultural land
and is not subject to the California Land Conservation Act of 1965.
C. The site is physically suitable for the type. and proposed density of
development proposed by the Tentative Map;
The site is physically suitable for the proposed industrial development because
. the proposed use is consistent with the General Plan and Development Code.
The proposed Tentative Tract Map (TTM 35181) meets the minimum lot size
requirements contained within the Development Code, and is consistent with all
of the requirements found within City of Temecula General Plan and the City of
Temecula Subdivision Ordinance. The subdivision (TTM 35181) is therefore
consistent with the Light Industrial zone.
D. The design of the subdivision and the proposed improvements, with
Conditions of Approval are not likely to cause significant environmental damage or
substantially and avoidably injure fish or wildlife or their habitat;
The proposed project site does contain sensitive habitat. The project impacts will
be mitigated to a level of insignificance based upon the identified mitigation
measures and the Conditions of Approval and will not therefore cause significant
environmental damage or substantially and avoidably injure fish or wildlife in their
habitat.
E. The design of the subdivision and the type of improvements are not likely
to cause serious public health problems; .
The project, as conditioned by the Fire Prevention .Bureau, the Public Works
Department, and the Building and Safety Department, will comply with the
applicable improvement requirements designed to prevent serious public health
problems. Furthermore, provisions are made in the General Plan and the
Development Code to ensure that the public health, safety and welfare are
. safeguarded. The project is consistent with these documents.
F. The design of the subdivision provides for future passive or natural
heating or cooling opportunities in the subdivision to the extent feasible;
Prior to any issuance of building permits for the subject subdivision, and prior to
any construction, the applicant will be required to submit building plans to the
City of Temecula Building Department. These plans will be required to comply
with all applicable Uniform Building Codes, which also include requirements for
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energy conservation. Therefore, the construction plans will comply with all
applicable building codes and State energy guidelines.
G. The design of the subdivision and the type of improvements will not
conflict with easements acquired by the public at large for access through or use of
property within the proposed subdivision, or the design of the alternate easements
which are substantially equivalent to those previously acquired by the public will be
provided;
The required right-of-way easements, including the future Western Bypass and
Cherry Street alignments, are included on the Tentative Tract Map (TTM 35181).
The City has reviewed these easements and the design of alternate easements,
and determined the type of improvements will not conflict with the easements
acquired by the public at large for access through or use of property within the
proposed subdivision.
H. The subdivision is consistent with the City's parkland dedications
requirements (Quimby);
The subdivision is consistent with the dedication requirement.
Section 3. Environmental Comoliance. The Planning Commission hereby
makes the following environmental findings and determinations in connection with the
approval of the Tentative Tract Map No. 35181, (PA06-0370):
A. Pursuant to California Environmental Quality Act ("CEQA"), City staff
prepared an Initial Study of the potential environmental effects of the approval of the
Tentative Tract Map (TIM 35181) as described in the Initial Study ("the Project").
Based upon the findings contained in that study, City staff determined that there was no
substantial evidence that the Project could have a significant effect on the environment
and a Mitigated Negative Declaration was prepared.
B. Thereafter, City staff provided public notice of the public comment period
and of the intent to adopt the Mitigated Negative Declaration as required by law. The
public comment period commenced on August 4, 2007, and expired on September 3,
2007. Copies of the documents have been available for public review and inspection at
the offices of the Department of Planning, located at City Hall, 43200 Business Park
Drive, Temecula, California 92590.
C. Three written comments were received prior to the public hearing and a
response to all the comments made therein was prepared, submitted to the Planning
Commission and incorporated into the administrative record of the proceedings.
D. The Planning Commission has reviewed the Mitigated Negative
Declaration and all comments received regarding the Mitigated Negative Declaration
prior to and at the date public hearing, and based on the whole record before it finds
that: (1) the Mitigated Negative Declaration was prepared in compliance with CEQA; (2)
there is no substantial evidence that the Project will have a significant effect on the
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environment; and (3) the Mitigated Negative Declaration reflects the independent
judgment and analysis of the Planning Commission.
E. Based on the findings set forth in this Resolution, the Planning
Commission hereby adopts the Mitigated Negative Declaration prepared for this project.
Section 4. Conditions. The Planning Commission of the City of Temecula
approves Planning Application No. PA06-0370, a Tentative Tract Map (TIM 35181) to
subdivide 84 acres into five lots, subject to the Conditions of Approval set forth on
Exhibit A, attached hereto, and incorporated herein by this reference.
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Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 5th day of September 2007.
'l\'
John Telesio, Vice Chairman
ATTEST:
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Debbie Ubnoske, Secretary
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STATE OF CALlFQRNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby
certify that the forgoing PC Resolution No. 07-36 was duly and regularly adopted by the
Planning Commission of the City of Temecula at a regular meeting thereof held on the 5th
day of September 2007, by the following vote:
AYES: 4 PLANNING COMMISSIONERS: Carey, Guerriero, Harter, Telesio
NOES: 0 PLANNING COMMISSIONERS: None
ABSENT: 1 PLANNING COMMISSIONERS: Chiniaeff
ABSTAIN: 0 PLANNING COMMISSIONERS: None
~~/.-?- U~~
Debbie Ubnoske, Secretary
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EXHIBIT A
FINAL CONDITIONS OF APPROVAL
SCANNED:
G DRIVE:
PERMITS PLUS:
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IdlCE I VlE~i
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By~.!t
ACCEPTANCE OF CONDITIONS OF APPROVAL
I, Nancy Daniels, understand that Planning Application No. PA06-0370 has been approved
with Conditions of Approval which are set forth in Exhibit A. I have read the Conditions of
Approval contained in PC Resolution No. 07-36 and understand them. Through signing this
ACCEPTANCE OF CONDITIONS OF APPROVAL, I agree and commit to the City of
Temecula that I will implement and abide by the Conditions of Approval, including any
indemnification requirements imposed by those conditions.
~q]oa1.MLf,
SIGNA U E
10- 10-0"1-
DATE
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EXHIBIT A
CITY OF TEMECULA
FINAL CONDITIONS OF APPROVAL
Planning Application No.: PA06-0370
Project Description:
A Tentative Tract Map (TTM 35181) to subdivide 84 gross
acres into five parcels, four developable lots and one
easement parcel for slope and drainage purposes. The
project site is located at the northwest corner of Dendy
Parkway and Winchester Road
Assessor's Parcel No.:
909-370-018 and 909-370-032
MSHCP Category:
DIF Category:
Per Development Agreement
Per Development Agreement
TUMF Category:
Per Development Agreement
Approval Date:
September 6, 2007 Per Development Agreement
(Amended at the September 5, 2007 Planning
Commission)
Expiration Date:
September 6, 2010 Per Development Agreement
(Amended at the September 5, 2007 Planning
Commission)
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 One Thousand Eight
Hundred Sixty-Four Dollars ($1,864.00) which includes the One Thousand Eight Hundred
Dollar ($1,800.00) fee, required by Fish and Game Code Section 711.4(d)(3) plus the Sixty-
Four Dollar ($64.00) County administrative fee, to enable the City to file the Notice of
Determination for the Mitigated Negative Declaration required under Public Resources Code
Section 21152 and California 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)].
2. The applicant shall review and sign the Acceptance of Conditions of Approval document
that will be provided by the Planning Department staff and return the document with an
original signature to the Planning Department.
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GENERAL REQUIREMENTS
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Planning Department
3. The tentative subdivision shall comply with the State of California Subdivision Map Act and
to all the requirements of Ordinance No. 460, unless modified by the conditions listed below.
A time extension may be approved in accordance with the State Map Act and City
Ordinance, upon written request, if made 60 days prior to the expiration date.
4. 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 darnages 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 instrurnentality 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.
5. The approval granted by this Resolution shall become effective upon the Effective Date of
the Development Agreement, as the term Effective Date is defined in the Development
Agreement adopted concurrently with this Resolution.
6. If Subdivision phasing is proposed, a phasino plan shall be submitted to and approved by
the Planning Director.
7. The project and all subsequent projects within this site shall be subject to the Garrett/PHS
Development Agreement (PA07-0220).
8. All lots created by TTM35181 shall be developed as identified in the Development
Agreement (PA07-0220).
9. The project and all subsequent projects within this site shall comply with all mitigation
measures contained in the approved Mitigation Monitoring Program.
10. A Specific Plan consistent with Development Agreement (PA07-0220) shall be submitted
prior to the approval of any development plans for Lots 1, 2, or 3 created by TTM 35181.
Public Works Department
11. 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.
12. 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.
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13. 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.
14. All improvement plans, grading plans, landscape and irrigation plans shall be coordinated
for consistency with adjacent projects and existing improvements contiguous to the site and
shall be submitted on standard 24" x 36" City of Temecula mylars.
15. The provisions for the design, improvement, lot configuration, public facility financing and
the following conditions of approval are predicated on the approval and full execution of a
Development Agreement between Temecula Properties, LLC and the City on or about
September 25,2007.
Fire Prevention Bureau
16. 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.
17. 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 4,000 GPM at
20 PSI residual operating pressure for a 4 hour duration. The Fire Flow as given above has
taken into account all information as provided (CFC 903.2, Appendix III-A).
18. 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 (6" x 4" x 2-2 1/2"
outlets) on a looped system shall be located on fire access roads and adjacent to public
streets. Hydrants shall be spaced at 350 feet apart, at each intersection and shall be
located no more than 210 feet from any point on the street or Fire Department access
road(s) frontage to an 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).
19. 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 Service Department
20. The Applicant shall comply with the Public Art Ordinance.
21. 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.
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PRIOR TO RECORDATION OF THE FINAL MAP
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Planning Department
22. The following shall be submitted to and approved by the Planning Division:
a. A copy of the Final Map.
b. A copy of the Environmental Constraint Sheet (ECS) with the following notes:
i. This property is located within thirty (30) miles of Mount Palomar
Observatory. All proposed outdoor lighting systems shall comply with the
California Institute of Technology, Palomar Observatory recommendations,
Ordinance No. 655.
ii. A Mitigated Negative Declaration was prepared for this project and is on file
at the City of Temecula Planning Department.
iii. This project is within the Alquist-Priolo Special Studies Zone.
iv. This project contains sensitive cultural resources.
23. The %-acre of cultural site CA-RIV 237 located in the northeast corner of Planning
Application 06-0370 shall be preserved in Open Space and recorded with the County
Recorder of Riverside County as a conservation easement for preservation purposed in
perpetuity. The %-acre of CA-RIV 237 shall not be subject to development, archeological
testing or ground-disturbing activities.
24. The applicant shall comply with the provisions of the Development Agreement (PA07 -0220)
prior to Final Map recordation.
Public Works Department
25. As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the following agencies:
a. San Diego Regional Water Quality Control Board
b. Rancho California Water District
c. 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. Time Warner
i. Community Services District
j. Verizon
k. Southern California Edison Company
I. Southern California Gas Company
m. Fish and Game
n. Army Corps of Engineers
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26. 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. Winchester Road (Major Arterial Standards - 100' R/W) between Dendy Parkway
and the southern project boundary plus transition to include dedication of half-width
street right-of-way, installation of half-width street improvements, paving, curb and
gutter, sidewalk, painted median, street lights, drainage facilities, signing and
striping and utilities (including but not limited to water and sewer).
b. Dendy Parkway (Major Arterial Standards - 100' R/W) between Winchester Road
and the eastern project boundary plus transition to include dedication of half-width
street right-of-way, installation of half-width street improvements, paving, curb and
gutter, sidewalk, painted median, street lights, drainage facilities, signing and
striping and utilities (including but not limited to water and sewer).
c. Remington Avenue (Industrial Collector Highway Standards - 78' RfW) to include
dedication of full width street right-of-way, installation of full width street
improvements, curb and gutter, sidewalk, painted median, street lights, drainage
facilities, signing and striping, utilities (including but not limited to water and sewer).
d. Remington Avenue and Winchester Road intersection to include a stop control on
the eastbound leg of Remington Avenue for an all-way stop controlled intersection
and a striped 200-foot northbound left turn pocket. In addition, secure with a cash
deposit to include a year 2009 traffic analysis to determine traffic signal warrants
and a fair share contribution for the design and installation of a traffic signal.
e. Cherry Street (Major Arterial- 100' RfW)
i. Dedication of half-width street right-of-way.
f. Western Bypass Corridor (Major Arterial - 100' R/W)
i. Dedication of full-width street right-of-way plus an easement for slope
construction, maintenance and drainage purposes.
g. All street improvement design shall provide adequate right-of-way and pavement
transitions per Caltrans standards for transition to existing street sections.
27. 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 No. 207A.
c. Street lights shall be installed along the public streets shall be designed in
accordance with City Standard No. 800, 801, 802 and 803.
d. Concrete sidewalks shall be constructed in accordance with City Standard Nos. 400
and 401.
e. Design of street improvements shall extend a minimum of 300 feet beyond the
project boundaries to ensure adequate continuity of design with adjoining properties.
f. Minimum centerline radii shall be in accordance with City Standard No. 113.
g. All street and driveway centerline intersections shall be at 90 degrees.
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h. All knuckles shall be constructed in accordance with City Standard No. 602.
i. All cul-de-sacs shall be constructed in accordance in City Standard No. 600.
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.
28. A construction phase 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.
29. Relinquish and waive right of access to and from Winchester Road on the Final Map.
Specific access openings will be determined through the Development Plan process as
stated in the Development Agreement.
30. Relinquish and waive right of access to and from Dendy Parkway on the Final Map.
Specific access openings will be determined through the Development Plan process as
stated in the Development Agreement.
31. Relinquish and waive right of access to and from Remington Avenue on the Final Map.
Specific access openings will be determined through the Development Plan process as
stated in the Development Agreement.
32. Relinquish and waive right of access to and from Cherry Street on the Final Map. Specific
access openings will be determined through the Development Plan process as stated in the
Development Agreement.
33. Relinquish and waive right of access to and from the Western Bypass Corridor on the Final
Map. Specific access openings will be determined through the Development Plan process
as stated in the Development Agreement.
34. Corner property line cut off for vehicular sight distance and installation of pedestrian
facilities shall be provided at all street intersections in accordance with Riverside County
Standard No. 805.
35. 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.
36. 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.
37. Any delinquent property taxes shall be paid.
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38. 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.
39. 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.
40. The Developer shall make a good faith effort to acquire the required off-site property
interests, and if he or she should fail to do so, the Developer shall, prior to submittal of the
Final Map for recordation, enter into an agreement to complete the improvements pursuant
to the Subdivision Map Act, Section 66462 and Section 66462.5. Such agreement shall
provide for payment by the Developer of all costs incurred by the City to acquire the off-site
property interests required in connection with the subdivision. Security of a portion of these
costs shall be in the form of a cash deposit in the amount given in an appraisal report
obtained by the Developer, at the Developer's cost. The appraiser shall have been
approved by the City prior to commencement of the appraisal.
41. 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.
42. Private drainage easements for cross-lot drainage shall be required and shall be delineated
and noted on the final map.
43. 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. "
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PRIOR TO ISSUANCE OF GRADING PERMITS
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Planning Department
44. A copy of the Rough Grading plans shall be submitted and approved by the Planning
Department.
45. The recommendations contained in soils report(s), geotechnical report, and slope stability
report shall be implemented.
46. Both Federal Clean Water Sections 404 and 401 permits and a 1602 Streambed Alteration
Agreement are required. Copies of all required permits shall be provided to the City prior to
the start of construction and comply fully with all of the terms and conditions of those
permits and agreement.
47. Impacts to jurisdictional areas will be mitigated at least a 1:1 ratio through off-site creation or
purchase of wetland credits within an approved wetland mitigation bank.
48. Impacts to upland habitats and associated species will be addressed through participation in
the MSHCP and payment of the MSHCP Local Development Mitigation fees. The project is
located within the Riverside County Stephens' kangaroo rat HCP Fee Assessment Area fee
area.
49. A pre-construction burrowing owl survey is required 30 days prior to commencement of
construction. If any burrowing owl is found on site, the CDFG shall be consulted, and a
passive relocation effort shall be undertaken outside of the nesting season. No disturbance
of active nests will occur.
50. A qualified biologist shall determine if any active raptor nests occur within the limits of
disturbance prior to commencement of grubbing, clearing, or grading activities.
51. No brushing, clearing, or grading shall occur within 500 feet of occupied tree-nesting raptor
habitat during the raptor breeding season (typically December to July).
52. In order to ensure MBT A compliance, clearing of native vegetation shall occur outside the
breeding season of most avian species (February 1 through September 15) unless a pre-
construction nesting bird survey determines that no nesting birds are present. The City of
Temecula would need to approve activities after concurrence is received from the wildlife
agencies.
53. The following shall be included in the Notes Section of the Grading Plan: "If at any time
during excavation/construction of the site, archaeological/cultural resources, or any artifacts
or other objects which reasonably appears to be evidence of cultural or archaeological
resource are discovered, the property owner shall immediately advise the City of such and
the City shall cause all further excavation or other disturbance of the affected area to
immediately cease. The Director of Planning at hislher 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 archaeological/cultural 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."
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54. The project proponent shall enter into a Treatment Agreement with the Pechanga Band of
Luiseno 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.
55. Tribal monitors from the Pechanga Band of Luiseno Indians shall be allowed to monitor all
grading, excavation and ground-breaking activities, including further surveys, to be
compensated by the project proponent. The Pechanga Tribal monitors shall 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.
56. A qualified archaeologist monitor shall be present during all earthmoving activities. The
monitor shall be empowered to temporarily halt or redirect construction work in the vicinity of
the find until it can be evaluated by the project archaeologist in conjunction with the
Pechanga Tribe. In the event of a new find, further testing, excavation, and/or reporting
may be required.
57. 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.
58. If human remains are encountered, all activity shall cease and the County Coroner must be
notified immediately. State Health and Safety Code Section 7050.5 state that no further
disturbance shaU occur until the County Coroner has made a determination of the origin and
until treatment pursuant to Public Resources Code Section 5097.98 has been decided. The
Coroner shall determine if the remains are prehistoric, and shall notify the State Native
American Heritage Commission (NAHC) if applicable. Further actions shall be determined
pursuant to California Public Resources Code Section 5097.98.
59. The landowner shall agree to relinquish ownership of all cultural resources, including all
Luiseno sacred items, burial goods and all archeological artifacts that are found on the
project site to the Pechanga Band of Luiseno Indians for proper treatment and disposition.
60. ^" ~acrod ~ito~ within tho projoct aroa aro to be avoided and presorved. (Deleted at the
September 5, 2007 Planning Commission).
61. Cultural Resources Sensitivity Training (a 15-minute presentation) should be required for all
project personnel.
62. All impacts to the sandstone and fanglomerate members of the Pauba Formation should be
monitored full time at the beginning of grading. A trained paleontological monitor shall be
present during ground disturbing activities within the project area determined likely to
contain paleontological resources. Monitoring will be adjusted to spot checking if initial
monitoring shows negative results.
63. Upon encountering any significant fossils, salvage of all fossils in the area will be conducted
with additional field staff and in accordance with modern paleontological techniques.
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64. Any significant fossils recovered shall be prepared to a reasonable point of identification.
Excess sediment or matrix will be removed from the specimens to reduce the bulk and cost
of storage. Itemized catalogs of all material collected and identified shall be provided to the
museum repository along with the specimens.
65. A report documenting the results of the monitoring and any salvage activities and the
significance of the fossils shall be prepared.
66. Any significant fossils recovered, along with the itemized inventory of the specimens, shall
be deposited in a museum repository for permanent curation and storage.
Public Works Department
67. As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the following agencies:
a. San Diego Regional Water Quality Control Board
b. Riverside County Flood Control and Water Conservation District
c. Planning Department
d. Department of Public Works
e. Riverside County Health Department
f. Community Services District
g. General Telephone
h. Southern California Edison Company
i. Southern California Gas Company
68. 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.
69. 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, cut and fill slopes and preliminary pavement sections.
70. 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, slope stability and potential for liquefaction. The report shall
include recommendations to mitigate the impact of ground shaking and liquefaction.
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a. Based on geologic relationships and observations, the site lacks evidence to support
the existence/presence of Holocene faulting (I.e. broken soil horizon or shear
planes). The building site area is not traversed by an active fault that would affect
the stability of the cut slope proposed or the building structure. A certified
engineering geologist shall perform regular field reconnaissance during site
earthwork construction. This field mapping is intended to further evaluate site
conditions and limit the possibility that adverse conditions will be exposed that could
affect site stability.
71. 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.
72. Construction-phase pollution prevention controls shall be consistent with the City's Grading,
Erosion and Sediment Control Ordinance and associated technical manual, and the City's
standard notes for Erosion and Sediment Control.
73. 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.
74. 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.
75. 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. Provide receipt of paid Area Drainage Plan fees
from the County.
76. 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.
77. The Developer shall obtain letters of approval or easements for any off-site work performed
on adjoining properties. The letters or easements shall be in a format as directed by the
Department of Public Works.
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Fire Prevention Bureau
78. 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).
79. Maximum cul-de-sac length shall not exceed 1320 feet. Minimum turning radius on any cul-
de-sac shall be forty-five (45) feet (CFC 902.2.2.2.3 and Subdivision Ord 16.03.020).
80. 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).
81. 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).
82. The gradient for a fire apparatus access roads shall not exceed fifteen (15) percent. (CFC
902.2.2.6 Ord. 99-14)
83. Prior to buiiding construction, dead end roadways and streets in excess of one hundred and
fifty (150) feet which have not been completed shall have a turnaround capable of
accommodating fire apparatus (CFC 902.2.2.4).
84. 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).
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PRIOR TO ISSUANCE OF BUILDING PERMITS
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17
Planning Department
85. The applicant shall file and receive approval of a Development Plan for all future
development within the subject parcels.
86. Landscape plans shall be prepared for all slopes created by the grading and fill of the site
consistent with "Slope Planting Guidelines" and the Development Code, and shall provide
erosion control on undeveloped portions of the site.
87. Landscape plans for Parcel 4 shall include the off-site slopes created by the development of
Parcel 4 (including but not limited to the slopes proposed within Parcel 2 and the detention
basin proposed within Parcel 1). All landscaping shall be installed and maintained in
satisfactory condition by the property owner.
Public Works Department
88. Final Map 35181 shall be approved and recorded.
89. A Precise Grading Pian 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.
90. 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.
91. A paved emergency vehicle access shall be installed to the satisfaction of the City Engineer
and the Fire Marshall.
92. 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.
93. The Developer shall pay to the City the Western Riverside County Transportation Uniform
Mitigation Fee (TUMF) Program as required by, and in accordance with, Chapter 15.08 of
the Temecula Municipal Code and all Resolutions implementing Chapter 15.08.
Fire Prevention Bureau
94. The developer shall furnish three copies of the water system plans directly 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. Hydraulic calculations are
required for fire flow with the submittal. Once the plans have been approved by the fire
department the plans get picked up from the fire department, mylars are made and they are
then signed by the local water company, the mylars shall be presented to the Fire
Prevention Bureau for final signatures. After all the signatures are obtained a bond copy
shall be submitted back to the fire department. Once the fire department received this final
copy the permit job card will be released. The permit job card indicates all the inspections
that are required by the fire department. The required water system including fire hydrants
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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).
95. 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).
96. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval. Three
sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention
Bureau.
97. Fire alarm plans shall be submitted to the Fire Prevention Bureau for approval. Three sets
of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau.
98. Fuel modification plans shall be submitted to the Fire Prevention Bureau for review and
approval for all open space areas adjacent to the wildland-vegetation interface (CFC
Appendix II-A).
99. A full technical report may be required to be submitted and to the Fire Prevention Bureau.
This report shall address, but not be limited to, all fire and life safety measures per 1998
CFC, 1998 CBC, NFPA -13,24,72 and 231-C.
Community Service Department
100. The developer shall complete the TCSD application process, submit an approved Edison
Streetlight Plan and pay the appropriate energy fees related to the transfer of street lighting
into the TCSD maintenance program.
101. The developer shall make arrangements with the franchised hauler to dispose of the
construction debris.
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PRIOR TO ISSUANCE OF OCCUPANCY PERMITS
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Planning Department
102. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed
by this permit.
Fire Prevention Bureau
103. "Blue Reflective Markers" shall be installed to identify fire hydrant locations (CFC 901.4.3).
104. 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 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).
105. Based on square footage and type of construction, occupancy or use, the developer shall
install a fire sprinkler system (CFC Article 10, CBC Chapter 9).
106. 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).
107. 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 (CFC 902.4).
108. 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).
109. 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.
110. Buildings housing high-piled combustible stock shall comply with the provisions of Uniform
Fire Code Article 81 and all applicable National Fire Protection Association standards. The
storage of high-piled combustible stock may require structural design considerations or
modifications to the building. Fire protection and life safety features may include some or all
of the following: an automatic fire sprinkler system(s) designed for a specific commodity
class and storage arrangement, hose stations, alarm systems, smoke vents, draft curtains,
Fire Department access doors and Fire department access roads (CFC Article 81).
111. Prior to the building final, speculative buildings capable of housing high-piled combustible
stock, shall be designed with the following fire protection and life safety features: an
automatic fire sprinkler system(s) designed for a specific commodity class and storage
arrangement, hose stations, alarm systems, smoke vents, draft curtains, Fire Department
access doors and Fire department access roads. Buildings housing high-piled combustible
stock shall comply with the provisions California Fire Code Article 81 and all applicable
National Fire Protection Association standards (CFC Article 81).
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112. The developer/applicant shall be responsible for obtaining underground andlor 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).
113. A simple plot plan and a simple floor plan, each as an electronic file of the DWG format
must be submitted to the Fire Prevention Bureau. Alternative file formats may be
acceptable, contact fire prevention for approval.
114. 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).
115. If there are changes to underlying maps then 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 ArclnfolArcView 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.
116. 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).
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22
OUTSIDE AGENCIES
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23
117. The applicant shall comply with the recommendations set forth in the Rancho California
Water District's transmittal dated December 27, 2006, a copy of which is attached.
118. The applicant shall comply with the recommendations set forth in the Eastern Information
Center's transmittal dated December 19, 2006, a copy of which is attached.
119. The applicant shall comply with the recommendations set forth in the Pechanga Cultural
Resources comment letter dated December 22,2006, a copy of which is attached.
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...~
@
Bancha
Water
Boud or Directors
BeD R. Drake
President
Stephen J. Coro_
Sr, Vace Pre8l.dent
Ra1ph B.....,.
u.a D, Rerawa
ofohn E. HoqIand
Michael R. McMiDaD
William Eo PluDuner
llffi<on,
BriaD of. Bracl7
General Mauger
Phillip L Fon-
Assistant General Manapr I
CbiefFinancial omcer
E. P. "Bob~ Lemons
Director of Eqineering
Perry R. Louck
_0(_
JeffD. ArmsUouc
Co......,
KeIIi E. Garda
DistrictSec:retar)'
C. Michael CoweU
Best &e.t . Krlecer u..p
General Counael
:.......
__ ;i
~ ')J
:. j
December 27,2006
/,
~ .: \, ~
,"
-..
..' -,. -r.\~~~:'''i;. ,;...
Dana Schuma, Project Planner
City of Temecula
Planning Department
43200 Business Park Drive
Post Office Box 9033
Temecula, CA 92~89-9033
SUBJECT: WATER AND SEWER AVAILABILITY
PROFESSIONAL HOSPITAL SUPPLY
PARCEL NO.4 TENTATIVE PARCEL MAP NO. 35181
APN 909-370-018 AND APN 909-370-032
CITY PROJECT NO. P A06-0369, P A06-0370
(TEMECULA PROPERTIES, LLC]
Dear Ms. Schuma:
Please be advised that the above-referenced property is located within the
boundaries of Rancho California Water District (RCWD), and fronts an existing
12-inch diameter water pipeline, and 8-inch diameter sewer pipeline. Water and
sewer service, therefore, would be available upon the completion of financial
arrangements,between RCWD and the property owner.
If new facilities are required for fire protection or other, the customer will need to
contact RCWD for fees and requirements.
In addition, water availability is contingent upon the property owner signing an
Agency Agreement that assigns water management rights, if any, to RCWD.
If you should have any questions, please contact an Engineering Services
Representative at this office.
Sincerely,
RANCHO CALIFORNIA WATER DISTRICT
HWl
Corey F. Wallace, P.E.
Development Engineering Manager
cc: Laurie Williams, Engineering Services Supervisor
06\CW:at135\FEG
Ibncbo c.llfomJa Water District
42135 Winchester Road. Post Omce Box 9017 . Temeeula, California 92589.9017 . (951) 296-6900 . FAX(951) 296.6860
www.ranchowater.com
,,---..,
EASTERN INFORMATION CENTER
CALIFORNIA HISTORICAL ~ESOURCES INFORMATION SYSTEM
Department of Anthropology. University of California. Riverside. CA 92521-0418
(951) 827-5745 - Fax (951) 827-5409 - eickw@ucr.edu
rnyo. Mono, and Riverside Counties
December 19, 2006
TO: Dana Schuma
City of Temecula Planning Department
RE: Cultural Resource Review.
Case: PA 06-0369jDPjPHS and PA 06-0370jTPMjPHS
Records at the Eastern Information Center of the California Historical Resources Information System have
been reviewed to determine if this project woul.d adversely affect prehistoric or historic cultural resources:
The proposed project area has not been surveyed for cultural resources and contains or is adjacent to known
cultural resource(s). A Phase I study is recommended.
Based upon existing data the proposed project area has the potential for containing cultural resources. A Phase
I study is recommended.
-!- Phase I cultural resource studies (RI-3279, 4258, and 6280) identified one or more cultural resources.
The project area contains, or has the possibility of containing, cultural resources. However. due to the nature
of the project or prior data recovery studies. an adverse effect on cultural resources is not anticipated. Further
study is not recommended. .
A Phase I cultural resource study (RI-
recommended.
) identified no cultural resources. Further study is not
There is a low probability of cultural resources. Further study is not recommended.
If. during construction. cultural resources are encountered, work should be halted or diverted in the immediate
area while a qualified archaeologist evaluates the finds and makes recommendations.
Due to the archaeological sensitivity of the area, earthmoving during construction should be monitored by a
profeSSional archaeologist.
-A... The submission of a cultural resource management report is recommended follOWing gUidelines for
Archaeological Resource Management Reports prepared by the California Office of Historic Preservation,
Preservation Planning Bulletin 4(a). December 1989.
Phase I
.. Phase"
. Phase III
Phase IV
Records search and field survey
Testing [Evaluate resource significance; propose mitigation measures for "significant" sites.]
Mitigatlo-n [Data recovery by excavation, preservation in place, or a combination of the two.]
Monitor earthmoving activities
COMMENTS:
The project area has been generally examined in the course of several previous studies (RI-l1 21 . 3279.
4258, and 6280), resulting in the recordation of three archaeological sites (CA-RIV-0237, -4786, and -
4986) and identification of possibly a fourth cultural resources property (not formally recorded [RI-6280]).
It is recommended that the four sites be re-Iocated, their condition assessed, and a plan developed as
necessary to evaluate the potential significance of these cultural resources.
If you have any questions, please contact us.
Eastern Information Center
Chairperson:
Germaine Arenas
PECHANGA CULTURAL RESOURCES
Temecula Band of Luiseiio Mission btdiaIL'
Vice Chairperson:
Mary Bear Mab'CC'
POit Office, .80'1(. 2183 . 'femccnln, CA 92593
Telephone (951) 308-9295 . Fax (951) 506-9491
COlllmittee Members:
Raymond Basquez, Sr.
Evic Gerber
Darlene -Miranda
BridgeuBarcello Maxwell
December 22, 2006
Director:
Gou-yOuBois
Coordinator:
Pa~1 M31:8iTO
SENT VIA FACSlMILE.ANDE-MAIL
Cultural Analyst:
Stephanie Gordin
I
,
I
I ReI
I Dear Ms. Schuma:
I This comment letter issuhmitted by thePeehliliga Haild .of Luiseiio Indians (hereinafter,
I "Peohanga Tribe"), a federally rec.ognized Indian tribe and sovereign goVlll'liiiIent. W~ request that
this letter and all of the Tribe's comments be part of the official record for the IlPPl'Oval of this
: Project. We also request that the City of Teiilecufa provide us with copies of all archeological
! studies, reports, site records, proposed testing plans, and proposed mitigation measures, and
i conditions as soon as they become available. We are also requestingthatthe Tribe be on thelllllUing
list for this Project so that we receive all notices, public documents. and hearing notices pertaining to
this Project.
Dana Schuma, Project Planner
CityofTemecUla
Planning Department
PO Box 9033
Temecula, CA 92589-9033
Monitor Supervisor:
Aurelia Marruffo
Comments on.PA06-0~69IPA06-0370
The Pechanga Tribe is req\lestingtQ be.cQnsl1lted withQtl the above IlsredProJects,and we
have been attemptUig to getmo~in.formation from the City Planner so that we c;an provide written
comments, but have received no resPQnse. At this time the. Tribe understands that the PrQjectsstill
will go through an environmental. review prooess. As sllch, the Ttibeis. requestlngpursuant to
~21083.1 oithe. Public Resources Code to be involved in thisprooess, Including requesting notice of
all comment periods and public hearings. If these Projects wiUnol be siibJectto CEQA, either
. pursuant to a CEQA Exemption or for some other reason, the Tribe requests to meet with the City
regarding ourconcems prior to any grading permits beinggrantedforthe$eProjects.
PROJECT IMPAptS 10 CULTURALRESOtJIWES
As the City is aware. there isa signifioantarcheologicaland cUltui'lll vlllage, known primarily
as CA-RIV 237, located on the Project property. This site isknowo to oontllin sacred items and
Native American human remains and has been designated with an avoidance status by the City on
previous projects. Previous developers have also agreed to leave certain are.as of the village
preserved in open space. There are also other details concerning the resources that the City needs to
be aware of prior to proceeding with any Project approval for this geographic area. The Tribe
..._..__.-i..___________....,__.__."....__.,..,_......__.,....__.______.,_.__...___.....,.,.
Sacred Is The Duty Trusted UlltO Our Care Alld With HOllOI' We Ri.,e To The Need
Pechanga Letter dated 12/22/2006, to City ofTemecula
Re: Comments on P A06-0369/P A06-0370
Page 2
formally requests to meet with the City concerning these issues prior to these Projects receiving any.
approvals.
The Pechanga Tribe is not opposed to this development project. The Pechanga Tribe's
primary concerns stem from the project's likely impacts on Native American cultural resources. The
pechanga Tribe is concerned about both the protection of unique and irreplaceable cultural resources,
such as Luiseilo village sites and archaeological items which may 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 that may be discovered in the course of the work.
The Pechanga Tribe has a legal and cultural interest in the proper protection of sacred places
and all Luiseno cultural resources that are located on these Project properties. Given that Luiseilo
cultural resources may be affected by the Project, the Pechanga Tribe is formally requesting to be
involved and participate with the Lead Agency and the Project Applicant in developing all
monitoring and mitigation plans for the duration of the Project. Further, given the potential for
archaeological resources within the Project area, it is the position of the Pechanga Tribe that
Pechanga tribal monitors should be required to be present during all ground-disturbing activities if
such activities are conducted in native soils that have previously not been subject to mass grading,
including any archeological testing performed. It is further the position of the Pechanga Tribe that an
Agreement regarding appropriate treatment of cultural resources be drafted and entered into by and
between the Project Applicant and the Pechanga Tribe. This Agreement will also address inadvertent
discoveries and the issues with regard to the existing resources on the Project property. The
Pechanga Tribe also requests that all existing sacred sites on the Project property be preserved.
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
Pechanga Tribe intends to assert its right pursuant to California Jaw with regard to any remains or
items discovered .in the course of this project. The Agreement mentioned above would also address
Native American human remains as well.
Lastly, in the case of discovery of new or additional sites or resources, the Pechanga Tribe
requests that all new sacred sites be preserved, and that the Lead Agency commit to re-evaluating the
Project impacts to cultural resources and adopting appropriate mitigation measures to address such
inadvertent discoveries. . The Pechanga Tribe intends to assert its legal rights with respect to
additional finds of significant sites or cultural resources which are of sacred and ceremonial
significance to the Pechanga Tribe.
The Pechanga Tribe looks forward to working together with the City of Temecula Planning
Department and other interested agencies in protecting the invaluable Luiseilo cultural resources
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Pechallga Cultural Resources' Temecula Balld q{ Lllise,;o Missioll/lldim,s
Post Office Box 2183 . Temecula, CA 92592
Sacred Is The DU!l' Trusted UlltO Our Care Alld With Honor We Rise To The Need
Pechanga Letter dated 1212212006, to City ofTemecula
Re: Comments on PA06-0369/PA06-0370
Page 3
found in the Project area. If you have any questions, please do not hesitate to contact me at (951)
308-9295.
Please contact me as soon as possible to set LIP a meeting time concerning the Tribe's issues.
Thank you for the opportunity to submitthesecomments.
Sincerely.
~ ~rd~
OaJeFoster
Cultural Analyst
i
i
I
I Cc;
!
Debbie Ubno*ei City PI;mningDireotor
David Hogan, CityPlanningDepartrnent
Pllchanga Legal Department
Pechang(l Cultural Resources. Temecula Band of Luisetio A1ission Indians
Post Office Box 2/83 . Temecula, CA 92592
Sacred Is Tire Duty Trusted Uuto Our Care Aud Witlr Houor We Rise To The Need