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HomeMy WebLinkAbout07_037 PC Resolution PC RESOLUTION NO. 07-37 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NOS. PA06-o369 AND PA07-0090, A DEVELOPMENT PLAN TO CONSTRUCT A THREE STORY, 608,934 SQUARE FOOT INDUSTRIAL DISTRIBUTION BUILDING AND A 400 SQUARE FOOT PUMP HOUSE ON 32 ACRES LOCATED AT THE NORTHWEST CORNER OF DENDY PAR~AY AND WINCHESTER ROAD, AND A MINOR EXCEPTION TO ALLOW FOR A ONE PERCENT BUILDING HEIGHT INCREASE FROM 50' TO 50'8" (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. PA06-0369, (Development Plan), and on March 20, 2007, filed Planning Application No. PA07-0090, (Minor Exception), 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 Nos. PA06-0369 and PA07-0090 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: Develooment Plan (Develooment 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; The project is consistent with the General Plan and the Development Code because the project has been designed in a manner that it is consistent with the applicable policies and standards for light industrial development. The proposed G:\Planning\2006\PA06-0369 PHS Development PlanlPlanninglPCIFINAL PC Reso DP & Minor Exc.doc1 industrial use is permitted in the land use designation standards contained in the General Plan and Development Code. The site is properly planned and zoned, and as conditioned, is physically suitable for the type of development proposed. The project, as conditioned, is also consistent with other applicable requirements of State law and local ordinances, including the California Environmental Quality Act (CEQA), the City Wide Design Guidelines, and 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 project, including site design, building height, setbacks, parking, circulation, and other associated site improvements is intended to protect the health and safety of those working in and around the site. The project is consistent with all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed, and function in a manner consistent with the public health, safety, and welfare. Special Use Reaulations and Standards. Increase in Floor Area Ratio (Development Code Section 17.08.050.A.2) A. The project includes a use which provides outstanding and exceptional benefits to the City with respect to the employment, fiscal, social and economic needs of the community; The project provides exceptional fiscal and economical benefits to the City in that Professional Hospital Supply (PHS) is a major employer within the City, as well as a large generator of sales tax revenue. PHS has experienced substantial growth and their continued growth and expansion within the City will help to meet the fiscal and economic needs of the community. The proposed expansion site requires a four percent floor area ratio increase for a state of the art distribution facility and office headquarters large enough to accommodate future growth of PHS operations. . Minor Exception (Development Code Section 17.03.060.0) A. There are practical difficulties or unnecessary hardships created by strict application of the code due to the physical characteristics of the site; There are practical difficulties related to the building construction and architecture that make it difficult to meet the development standards for the Light Industrial (Lf) zone without the Minor Exception. In order to provide an appropriate ceiling height for each of the office floors and visually screen roof top equipment the cornice along the office portion of the building must be 50'8" in height, thus requiring a one percent building height increase to meet the development standards of the Lf zone. Without the granting of the Minor Exception the building would not meet the current standards, which poses a practical difficulty and unnecessary hardship. G:IPlanningI2006IPA06-0369 PHS Development PlanlPlenninglPCIFINAL PC Reso oF> & Minor Exc.doc2 B. The Minor Exception does not grant special privileges which are not otherwise available to surrounding properties and will not be detrimental to the public welfare or the property of other persons located in the vicinity; The Minor Exception does not grant special privileges which are not otherwise. available to surrounding properties because the exception is consistent with Development Code, which allows for up to a 15 percent deviation from the LI development standard. The request for the Minor Exception allows for the one percent height increase of 8" and special privileges have not been granted which are not otherwise available by meeting the findings within the Development Code. The granting of this exception will not be detrimental to the public welfare or property of other persons within the vicinity as the height increase is only for the office portion of the building, which is only 14 percent of the entire building footprint. C. The Minor Exception places suitable conditions on the property to protect surrounding properties and does not permit uses which are not otherwise allowed in the. zone; The Minor Exception to increase the building height places suitable conditions on the property to protect surrounding properties. The proposed project is for an industrial building, which is permitted in the Light Industrial zone. The Minor Exception will allow a one percent height increase, which will not allow for uses which are not otherwise allowed in the zone. Section 3. Environmental Comoliance. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Development Plan (PA06-0369) and Minor Exception (PA07-0090): A. Pursuant to California Environmental Quality Act ("CEQA"), City staff prepared an Initial Study of the potential environmental effects of the approval of the Development Plan and Minor Exception 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. G:IPlanning\2006IPA06-0369 PHS Development PlanlPlanninglPClFlNAL PC Reso DP & Minor Exc.doc3 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 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 Nos. PA06-0369 and PA07-0090, a Development Plan to construct a 608,934 square foot, three story industrial distribution building on 32.1 acres, and a Minor Exception to allow for a one percent building height increase, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. . G:IPlanning12006IPA06-0369 PHS Development PlanlPlannlnglPCIFINAL PC Reso DP & Minor Exc.doc4 Section 5. - PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 5th day of September 2007. John Telesio, Vice Chairman ATTEST: 1)Mh/~' ~~ Debbie Ubnoske, Secretary { . "'.. [SEAL] , '. ..11 ',- \- , .-:. ~ ( -J , ." ~ ".:_J " .~ STATE OF CAL.lIFOHNlA COUNTY OF RIVERSIDE CITY OF TEMECULA :/ ,/_';/ ) ) ss ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 07-37 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: Chiniaeft ABSTAIN: 0 PLANNING COMMISSIONERS: None ~/~' ufm?~ Debbie Ubnoske, Secretary G:IPlanning\2006IPA06-0369 PHS Development PlanlPlanninglPC\FINAL PC Reso DP & Minor Exc.doc5 EXHIBIT A FINAL CONDITIONS OF APPROVAL SCANNED: G DRIVE: PERMITS PLUS: G:IPlanning\2006\PA06-0369 PHS Development PlanlPlannin91PCIFINAL COA PA06-0369.doc 1 .0 ~;) 0 ifi-.-- O' ~ /Ul./' IJo)IC! n '1E1n. Ii1 UC I Ul 2007 r~ By. - FItamIlngOCva.tr1ltll11 ACCEPTANCE OF CONDITIONS OF APPROVAL I, Nancy Daniels, understand that Planning Application Nos. PA06-0369 and PA07-0090 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. 07-37 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. htuu~ T)?5/U~U A SIGNA T R 10-10- 0 1- DATE G:IPlanning\2006IPA06-0369 PHS Development PlanlPlanninglPClFINAL COA PA06-0369.doc 2 EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA06-0369 and PA07-0090 Project Description: A Development Plan application to construct a three story, 608,934 square foot industrial distribution building for office and warehouse use, a 400 square foot pump house on 32 acres (Parcel 4 ofTTM 35181), and a Minor Exception to allow for a one percent building height increase from 50' to 50'8", located on the northwest corner of Dendy Parkway and Winchester Road Assessor's Parcel No. 909-370-018; 909-370-032 MSHCP Category: DIF Category: TUMF Category: Per Development Agreement Per Development Agreement Per Development Agreement Approval Date: Septemller 5, 2007 Per Development Agreement (Amended at the September 5, 2007 Planning Commission) Expiration Date: Septemller 5, 2009 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 and 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. G:IPlanning\2006IPA06-0369 PHS Development PlanlPlanninglPCIFINAL COA PA06-0369.doc 2 GENERAL REQUIREMENTS G:IPlanning\2006IPA06-0369 PHS Development PlanlPlanninglpclFINAL cOA PA06-0369.doc 3 Planning Department 3. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance 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. 4. The permittee shall obtain City approval for any rnodifications or revisions to the approval of this project. 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 a time. 7. A separate building permit shall be required for all signage. (Sign program may be required). 8. The development of the prernises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. 9. The Conditions of Approval specified in this resolution, to the extent specific items, materials, equipment, techniques, finishes or similar matters are specified, shall be deemed satisfied by staffs prior approval of the use or utilization of an item, material, equipment, finish or technique that City staff determines to be the substantial equivalent of that required by the Conditions of Approval. Staff may elect to reject the request to substitute, in which case the real party in interest may appeal, after payment of the regular cost of an appeal, the decision to the Planning Commission for its decision. Material Color Concrete Tilt-up Panels ICI 632 Sutton Place ICI815 Natural White ICI 606 Song Sparrow ICI 815 Natural White 'j." Gray Parapet Glazing G:IPlanning\2006IPA06-0369 PHS Development PlanlPlanninglpclFINAL cOA PA06-0369.doc 4 10. 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. 11. The applicant shall paint a 3-foot x 3-foot section of the building for Planning Department inspection, prior to commencing painting of the building. 12. 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. 13. Trash enclosures shall be provided to house all trash receptacles utilized on the site. These shall be clearly labeled on site plan. Public Works Department 14. A Grading Permit for either rough andlor 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. All improvement plans and grading plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. 17. 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. 18. 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. 19. 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. Building and Safety Department 20. The code analysis shall be printed on the plans along with the letter from the Director of Building and Safety, dated September 12, 2006. G:IPlanning\2006IPA06-0369 PHS Development PlanlPlanninglPCIFINAL COA PA06-0369.doc 5 21. All design components shall cornply 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. 22. The City of Temecula has adopted an ordinance to collect fees for a Riverside County area wide Transportation Uniform Mitigation Fee (TUMF). Upon the adoption of this ordinance on March 31, 2003, this project will be subject to payment of these fees at the time of building permit issuance. The fees, if applicable to the project, shall be subject to the provisions of Ordinance 03-01 and the fee schedule in effect at the time of building permit issuance. 23. 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. 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. Trash enclosures, patio covers, light standards, and any block walls if not on the approved building plans, will require separate approvals and permits. 32. Obtain street addressing for all proposed buildings prior to submittal for plan review. 33. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, shown below, as allowed by the City of Ternecula 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. G:IPlanning\2006IPA06-0369 PHS Development PlanlPlanninglpclFINAL cOA PA06-0369.doc 6 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 34. Restroom fixtures, number and type, to be in accordance with the provisions of the 2001 edition of the California Building Code Appendix 29. 35. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. 36. Truss calculations that are stamped by the engineer of record and the truss manufacturer engineer are required for plan review submittal. 37. Provide precise grading plan at plan check submittal to check accessibility for persons with disabilities. 38. Please be advised of the shell buildinglcomplete building policy in the City of Temecula when preparing plans for submittals. It is our recommendation that buildings with a known tenant or occupant be submitted as a complete building. 39. Buildings shall provide a house electrical meter to provide for operation of exterior lighting, irrigation pedestals, and fire alarrn systems for each building on the site. 40. A pre-construction meeting is required with the building inspector prior to the start of the building construction. Fire Prevention Bureau 41. 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. 42. 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). 43. 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 a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system (CFC 903.2, 903.4.2, and Appendix III-B). 44. 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). G:IPlanningI2006IPA06-0369 PHS Development PlanlPlanninglPC\FINAL cOA PA06-0369.doc 7 Community Services Department 45. 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. 46. The Applicant shall comply with the Public Art Ordinance. 47. All parkways, entry way median, landscaping, walls, fencing and on site lighting shall be maintained by the property owner or maintenance association. 48. The developer shall contact the City's franchised solid waste hauler to verify Trash compactor specifications and servicing requirements prior to purchase and installation of any equipment. G:IPlanningI2006IPA06-0369 PHS Development PlanlPlanninglPCIFINAL cOA PA06-0369.doc 8 PRIOR TO ISSUANCE OF GRADING PERMITS G:IPlanning\2006IPA06-0369 PHS Development PlanlPlanninglpclFINAL COA PA06-0369.doc 9 Planning Department 49. Provide the Planning Department with a copy of the underground water plans and electrical plans for verification of proper placement of transformer( s) and double detector check prior to final agreement with the utility companies. 50. 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. 51. The recommendations contained in soils report(s), geotechnical report, and slope stability report shall be implemented. 52. The Applicant shall submit to the Public Works Department an erosion control plan prepared in accordance with City requirements. 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 his/her sole discretion may require the property to deposit a sum of money it deems reasonably necessary to allow the City to consult andlor 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 archaeologicallcultural 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." 54. The project proponent shall enter into a Treatment Agreernent 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. G:IPlanning\2006IPA06-0369 PHS Development PlanlPlanninglpclFINAL cOA PA06-0369.doc 10 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 rernains 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 shall 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 Luisefio sacred items, burial goods and all archeological artifacts that are found on the project site to the Pechanga Band of Luisefio Indians for proper treatrnent and disposition. 60. .'\11 sacred sites within the project area are to be avoided and preserved. (Deleted at the September 5, 2007 Planning Commission). 61. The %-acre of cultural site CA-RIV 237 located in the northeast corner of Planning Application PA06-0370 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. 62. Cultural Resources Sensitivity Training (a 15-rninute presentation) should be required for all project personnel. 63. 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. 64. Upon encountering any significant fossils, salvage of all fossils in the area will be conducted with additional field staff and in accordance with rnodern paleontological techniques. 65. 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 museurn repository along with the specimens. 66. A report documenting the results of the monitoring and any salvage activities and the significance of the fossils shall be prepared. 67. Any significant fossils recovered, along with the itemized inventory of the specimens, shall be deposited in a museum repository for permanent curation and storage. G:IPlanningI2006IPA06-0369 PHS Development PlanlPlanninglpclFINAL cOA PA06-0369.doc 11 Public Works Department 68. 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. 69. 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. 70. 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. 71. 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. a. Based on geologic relationships and observations, the site lacks evidence to support the existencelpresence 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. 72. 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 recomrnendations 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. 73. Construction-phase pollution prevention controls shall be consistent with the City's Grading, Erosion and Sedirnent Control Ordinance and associated technical manual, and the City's standard notes for Erosion and Sedirnent Control. 74. 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. G:IPlanningI2006IPA06-0369 PHS Development PlanlPlanninglPCIFINAL COA PA06-0369.doc 12 75. 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 Departrnent d. Department of Public Works 76. 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. 77. Permanent landscape and irrigation plans shall be submitted to the Planning Department and the Department of Public Works for review and approval. 78. The applicant shall corn ply 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. 79. 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. 80. 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. Fire Prevention Bureau 81. 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). 82. Minimum outside turning shall be forty-five (45) feet for commercial buildings. 83. 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). 84. 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). 85. The gradient for a fire apparatus access road shall not exceed fifteen (15) percent (CFC 902.2.2.6 Ord. 99-14). G:IPlanning\2006IPA06-0369 PHS Development PlanlPlanninglPCIFINAL cOA PA06-0369.doc 13 86. Prior to building construction, dead end road ways and streets in excess of one hundred and fifty (150) feet which have not been cornpleted shall have a turnaround capable of accommodating fire apparatus (CFC 902.2.2.4). 87. 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). ... G:IPlanningI2006IPA06-0369 PHS Development PlanlPlanninglpclFINAL cOA PA06-0369.doc 14 PRIOR TO ISSUANCE OF BUILDING PERMIT G:IPlanning\2006IPA06-0369 PHS Development PlanlPlanninglpclFINAL cOA PA06-0369.doc 15 Planning Department 88. 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. 89. Lighting within the proposed project adjacent to preserved habitat shall be of the lowest illumination allowed for human safety and selectively placed, shielded, and directed away from preserved habitat. 90. All downspouts shall be internalized on the office portion of the building. All downspouts for the warehouse/distribution portion of the building shall be painted the same color as the exterior of the building. 91. 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 Temecula Fee Schedule at time of submittal). b. Provide a minimum five foot wide planter to be installed at the perirneter of all parking areas. Curbs, walkways, etc. are not to infringe on this area. c. A note on the plans stating that "Two landscape inspections are required: one inspection is required for irrigation lines and a separate inspection is required for final planting inspection." d. A note on the plans stating that "The contractor shall provide two copies of an agronomic soils report at the first irrigation inspection." e. One copy of the approved grading plan. f. Water usage calculations per Chapter 17.32 of the Developrnent Code (Water Efficient Ordinance). g. Total cost estirnate of plantings and irrigation (in accordance with approved plan). h. The locations of all existing trees that will be saved consistent with the tentative map. i. 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. j. 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 (2) 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 G:IPlanning\2006IPA06-0369 PHS Development PlanlPlanninglPCIFINAL cOA PA06-0369.doc 16 the approved construction landscape plans. The applicant/owner shall contact the Planning Department to schedule inspections. 92. Plants selected for slope landscaping shall be light-weight, deep rooted type vegetations that require little water and are capable of surviving with little irrigation. 93. 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. 94. 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. 95. If deemed necessary by the Director of Planning, the applicant shall provide additional landscaping to effectively screen various components of the project (including but not limited to walls and parking areas). 96. 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. 97. All rooftop mechanical equipment shall be screened, or the views minimized, from all existing and future public right-of-ways. 98. Building Construction Plans shall include detailed 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. 99. Building plans shall indicate that all roof hatches shall be painted "International Orange." 100. The construction plans shall indicate the application of painted rooftop addressing plotted on a nine-inch grid pattern with 45-inch tall numerals spaced nine inches apart. The numerals shall be painted with a standard nine-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 101. Improvement plans andlor precise grading plans shall conforrn to applicable City of Temecula Standards subject to approval by the Director of the Department of Public Works. The following design criteria shall be observed: a. Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. b. Driveways shall conform to the applicable City of Temecula Standard No. 207A. G:IPlanning\2006IPA06-0369 PHS Development PlanlPlanninglPC\FINAL COA PA06-0369.doc 17 c. Street lights shall be installed along the public streets adjoining the site in accordance with City Standard No. 800, 801, 802 and 803. d. Concrete sidewalks and ramps shall be constructed along public street frontages in accordance with City of Temecula Standard Nos. 400. 401 and 402. e. Improvement plans shall extend 300 feet beyond the project boundaries. f. Minimum centerline radii shall be in accordance with City of Temecula's Standard No. 113. g. All street and driveway centerline intersections shall be at 90 degrees. h. Public Street improvement plans shall include plan and profile showing existing topography, utilities, proposed centerline, top of curb and flowline grades. i. 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. 102. The Developer shall construct the following public improvements to City of Temecula General Plan standards unless otherwise noted. Plans shall be reviewed and approved by the Director of the Department of Public Works: a. Winchester Road (Major Arterial Standards - 100' RIW) 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' RIW) 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' R1W) 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' R1W) i. Dedication of half-width street right-of-way 103. All street improvement design shall provide adequate right-of-way and pavement transitions per Caltrans' standards for transition to existing street sections. 104. 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. G:IPlanningI2006IPA06-0369 PHS Development PlanlPlanninglpclFINAL COA PA06-0369.doc 18 a. Street improvements, which may include, but not limited to: pavement, curb and gutter, medians, sidewalks, drive approaches, street lights, signing and striping. b. Storm drain facilities. c. Sewer and domestic water systems. d. Under grounding of proposed utility distribution lines. 105. 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. 106. All access rights, easements for sidewalks for public uses shall be submitted and reviewed by the Director of the Department of Public Works and City Attorney and approved by City Council for dedication to the City where sidewalks meander through private property. 107. 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. 108. The Developer shall pay to the City the Public Facilities Development Irnpact Fee as required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.06. 109. 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 implernenting Chapter 15.08. Building and Safety Department 110. Provide appropriate stamp of a registered professional with original signature on plans prior to permit issuance. Fire Prevention Bureau 111. The developer shall furnish three copies of the water systern 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. 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). 112. 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). G:IPlanningI2006IPA06-0369 PHS Development PlanlPlanninglPCIFINAL COA PA06-0369.doc 19 113. 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. 114. Fire alarm plans shall be submitted to the Fire Prevention Bureau for approval. The alarm system requires a dedicated circuit from the house panel. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. 115. 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). 116. Plans for structural protection frorn vegetation fires shall be submitted to the Fire Prevention Bureau for review and approval. The measures shall include, but are not limited to, enclosing eaves, noncombustible barriers (cement or block walls), and fuel modification zones (CFC Appendix II-A). Community Services Department 117. 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. 118. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction debris. G:IPlanning\2006IPA06-0369 PHS Development PlanlPlanninglpclFINAL cOA PA06-0369.doc 20 PRIOR TO RELEASE OF POWER, BUILDING OCCUPANCY OR ANY USE ALLOWED BY THIS PERMIT G:IPlanning\2006IPA06-0369 PHS Development PlanlPlanninglPCIFINAL cOA PA06-0369.doc 21 Planning Department 119. If deemed necessary by the Director of Planning, the applicant shall provide additional landscaping to effectively screen various components of the project. 120. 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. 121. 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 shali be properly constructed and in good working order. 122. 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 ooe two 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. (Amended at the September 5, 2007 Planning Commission). 123. Each parking space reserved for the handicapped shall be identified by a perrnanently 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." 124. 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. 125. 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. 126. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. G:IPlanningI2006IPA06.0369 PHS Development PlanlPlanninglPCIFINAL COA PA06-0369.doc 22 Public Works Department 127. 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. 128. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance frorn the following agencies: a. Rancho California Water District b. Eastern Municipal Water District c. Department of Public Works 129. All public improvements, including traffic signals, shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of the Department of Public Works. 130. The existing improvements shall be reviewed. Any appurtenance damaged or broken shall be repaired or removed and replaced to the satisfaction of the Director of the Department of Public Works. Fire Prevention Bureau 131. "Blue Reflective Markers" shall be installed to identify fire hydrant locations (CFC 901.4.3). 132. 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 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). 133. 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). 134. Based on a requirement for monitoring the sprinkler systern, 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). 135. 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). 136. 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). 137. 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:IPlanning\2006IPA06-0369 PHS Development PlanlPlanninglPCIFINAL cOA PA06-0369.doc 23 138. Buildings housing high-piled combustible stock shall corn ply 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). 139. 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 cornply with the provisions California Fire Code Article 81 and all applicable National Fire Protection Association standards (CFC Article 81). 140. The developerlapplicant 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). 141. 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. 142. 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). 143. 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 Arclnfo/ArcView compatible format and projected in a State Plane NAD 83 (California Zone VI ) coordinate system. The Bureau must accept the data as to completeness, accuracy and format prior to satisfaction of this condition. 144. 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). G:IPlanning\2006IPA06-0369 PHS Development PlanlPlanninglPCIFINAL COA PA06-0369.doc 24 OUTSIDE AGENCIES G:IPlanningI2006IPA06-0369 PHS Development PlanlPlanninglPCIFINAL COA PA06-0369.doc 25 145. The applicant shall corn ply with the recommendations set forth in the Department of Environmental Health transrnittal dated January 17, 2007, a copy of which is attached. 146. The applicant shall comply with the recommendation set forth in the Rancho Water District's transmittal dated December 27, 2006, a copy of which is attached. 147. 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. 148. 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. G:IPlanning\2006IPA06-0369 PHS Development PlanlPlanninglpclFINAL cOA PA06-0369.doc 26 ~~ o ClJJNTY OF RIVERSIDE · HEAUti SERVICES AGENCY 0 DEPARTMENT OF ENVIRONMENTAL HEALTH January 17, 2007 City of Temecula Planning Department P.O. Box 9033 Temecula, CA 92589-9033 Attention: Dana Schuma RE: Development Plan No. PA06-0369 u ~,~ .......;.) J. 9 "'''"[ ...1 F1v....._. _ _ ,tJ~;:..!; 'II;; .; . ,.' ~.' ~..' ~ ,'.' '; ","0'". , Dear Ms. Schuma: Department of Environmental Health has reviewed the development plan to constIUct a three story, 615, 050 square foot tilt-up industrial building for office and warehouse used and 400 square foot pump house on 36.2 acres. The project is located on the northwest comer of Dendy Parkway and Winchester Road. The site plan does indicate if either water and sewer services exist, we assume that . these services are in and are available. 1. PRIOR TO THE ISSUANCE OF BUILDING PERMITS THE FOLLOWING SHOULD BE REQUIRED: a) "Will-serve" letters from the appropriate water district. b) If there are to be any food establishments, (including vending 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 ensure compliance with the California Uniform Retail Food Facilities Law 2. For specific reference, contact Food Facility Plan Examiners at (951) 461.0284. .. .:.u. __'I-- S inez, Supervising (951) 955-8980 NOTE: A1ly c:ur=I additional mj1limDoDI8 DOl __ can be appIicablo at limo of Building P.... IOView for fuJal Departmenl of Environmenlal Health clearan<:e. local Enforcement Agency' PO. Box 1280. Riverside. CA 92502.1280 . 19091955.8982 . FAX 19091 781.9653 . 4080 lemon Street 9th Floor. Riverside. CA 92501 land Use and Water Engineering' P.O. Box 1206. Riverside. CA 92502-1206 . (909l 955.8980 . FAX (909) 955-8903 . 4080 Lemon Street 2nd Floor, Riverside, CA 92501 .' @ Iancha later Boaroor[)ireetorB Ben R. Drake President Stephen J. Corona Sr. Vice President Ralph IL Dally Lisa D. Hennan John Eo Hoaaland Michael R. McMl1lan William E. PlaDuner Officers: DrUm J. Brady General Manager Phillip L Forbes Assistant General Manager I CbieCFinlIncialOfficer Eo P. "Bob~ LemoDI DirectorofEngineeriDa' Perry R. Louck Director or Planning Jeff D. .Arm.troDC Controller KeW E. Garda District Seeretary C. Michael Cowett Ben Bes&" Kriepr LLP o.n"'" CounHl ...." _:'::J l ~ December 27, 2006 H \~ , '.-, ' ". ..'\' '-:-:it~;;.i"i;':'" Dana Schuma, Project Planner City of Temecula Planning Department 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 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. Ifnew.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 Supe.rvisor 06\CW:atl35\FEG Rancho Calitomla Water District 42135WinchesterRoad . PostOtneeBox9017 . Temecula,Caliromia92589-9017. (951)296..6900. FAX(951)296-6860 www.ranchowater.com '-""""", EASTERN INFORMATION CENTER CALIFORNIA MISTORICAL ~ESOURCES INFORMATION SYSTEM Department of Anthropology, University of California, Riverside, CA 92521-0418 (951) 827-5745 - Fax (951) 827-5409 - eickw@ucr.edu Inyo, Mono, and Riverside Counties December 19, 2006 TO: Dana Schuma City of Temecula Planning Department RE: Cultural Resource Review Case: PA 06-0369/DP/PHS and PA 06-0370/TPM/PHS 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 ofthe 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 II . Phase III Phase IV Records search and field survey Testing [Evaluate resource significance; propose mitigation measures for .significant" sites.] Mitigation [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-1121, 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 PECflANGA CULTURAL RESOURCES Temecula Band of Luisefio Mission b,dians Vice Chairperson: Mal)' Bear Magee _.."...~__...._.._..... .~_._~_.__. _ ..__"........_..". .".___._ _.__..... ..._____._____.~ "H'..__._.'."."___.__ ...._._..._......_.___..._.. Post Office. Box 2183. Temecula. CA 92$93 Telephone (951) 3U8.9295 . Fax (951)506.9491 COlluniuce Members: Raymond Basquez, Sr. Evie Gerber D.1rleneMiranda Bridgett Barcello Maxwell December 22, 2006 Director: C:raryDuBois CoordinalOr: Paul MaC811'O SENT VIA.FACSIMlLE.AND E,MAIL Cultuml Analyst: Stephanie Gordin Dana Schuma, ProjectPlanrter City ofTemecula Planning Department PO Box 9033 Temecula, CA 92589-9033 MOlli.torSupervisor. Aurelia. Marruffo IRe: i ! i I I i , , , , , Comments on PA06-0369/l'A06-0370 Dear Ms. Scbuma: This commertt letter is submitted by thePechallga Bartdof Luiseilo Indians (hereinafter, "Pechanga Tribe"), a federally rec.ognized Indian tribe and sove~igrt govertttnent. We request that this letter artd all of the Tribe.'scomments be pan of the official record for thel\vvroval of this Project. We also request that the City of TemeculaVrovide us withcovies of all areheological studies, reports, site records. proposed testing plans; and V1'Op0sed mitigation measures, artd conditions as soon as they become available. We are also requesting.that.the Tribe be on the mailing list for this Project so that we receive all notices, public d66UrtlentS. and neMngnoticesllCrtaiiling to Ihis Project. The Pee nanga Tribei~ reqllestingto becQnsti!ted witbon me abQve listed .Projecls,and we have been attemptirtg td getmoreirtf'ortrtat1Ort from the City Planner so thatwecanprovid.e writt~n comments. but have received nO response. Atthi~ time the 'tribe IIllderstands that the Projects still will go through an environmental review process. As stich, the tribe is rcquestlngvurs!lant to ~21083.J of the Public Resources Code to be involved in tblsproceSs, including .requestingnotice of all comment periodsandpublichearlngs. If these Projects will not be subject to CEQA, either pursuant to a CEQA Exemption or for some other reason, the Tribe requests to meet with the City regarding ourconcems prior to any grading permits beinggrantedforthe$e Projects. PROJECTIMPACTS'fOCULTUMLRESOURCEiii As the City is aware, there isa significantareheolo$ical andeulllli'lll village, known primarily as CA-RIV 237, located on the Project property. This site iskllQWQ to cOntain sacred items and Native American human remairts and has beertdeslgnated with an avoidance status by the City on , previous projects. Previous developers have also agreed to leave certain areas of the village .11 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 i .....~______________..___"___ ..........____....._..____..__.__.__.____..._.._..___...n.~.__ ..._._~__....._..._."".~"__________............_"._.__._._.._."...__..______m.~... Sacred Is The Duty Trusted Umo Our Care Alld With HOllOI' We Rise To The Need Pechanga Leiter dated 1212212006, to City ofTemecula Re: Comments on PA06-0369/PA06-0370 Page 2 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 Luiseiio cultural resources may be affected by the Project, the Pechanga Tribe is formaIly 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, ~S097.98, 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. The Agreement mentioned above would also address Native American human remains as weIl. 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 cultuml 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 ----~-------------_._~- . __,~~_",__~"_,_,_,__.,______,_,,,,_".'_'_'_H_"___'" ......._... ."h._..__.___. Pecho"ga Cullurol Resources' Temecula Bo"d q( Luisetio Missio" IIIdiOllS Posl Office Box 2183 . Temeculo, CA 92592 Sacred I.' The Duly Trusled Ulllo Our COI" Alld With HOllor We Rise To The Need Pechanga Letter dated 12122/2006, to City oftemecula Re: Comments on P A06-03691P A06-0370 Page 3 fOUl1d in the Project area. If you have any questions, please do not hesitate to contaet me at (951) 308-9295. Please contact me as sool1 as possible to set up a meeting time concerning the Tribe's issues. Thank you for the opportullity to submit these comments. Sincerely, ~ ~0:~ Dale Foster Cultural Analyst Cc: Debbie Ubnos~i CityPlal1ningOirector David Hogan, Cityl'lanning.Depattment Pechanga Legal Departillel1t Pechanga Cultural Resources. Temecula Band of Lu;seiio Mission Indians Post Office Box 2/83' Temecllla, CA 92592 Sacred Is The Dllty Trusted Unto Ollr Care Alld With HOllOI' We Rise To The Need