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HomeMy WebLinkAbout08_022 PC ResolutionPC RESOLUTION NO. OS-22 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NUMBERS PA07-0239 AND PA07-0240, A DEVELOPMENT PLAN AND CERTIFICATE OF HISTORIC APPROPRIATENESS FOR THE RESTORATION OF THE HISTORIC VAIL RANCH HEADQUARTERS COMPLEX. PROJECT PROPOSES ADAPTIVE RE-USE OF SIX HISTORIC STRUCTURES TOTALING 13,390 SQUARE FEET (AND 13,738 SQUARE FEET OF HISTORICALLY APPROPRIATE NEW CONSTRUCTION) FOR RETAIL/ OFFICE, RESTAURANT AND MUSEUM DISPLAY USES ON FOUR ACRES WITHIN THE VAIL RANCH SPECIFIC PLAN ZONED HISTORIC COMMERCIAL LOCATED AT 32115-32125 TEMECULA PARKWAY (APN 960-010-044) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On August 20, 2007, Jerry Tessier of Arteco Partners, filed Planning Application No. PA07-0239 and PA07-0240, a Development Plan and Certificate of Historic Appropriateness 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 Old Town Local Review Board, at a regular meeting, considered the Application and environmental review on April 14, 2008, 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. The Planning Commission, at a regular meeting, considered the Application and environmental review on May, 7, 2008, 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. E. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission approved Planning Application No. PA07-0239 and PA07-0240 subject to and based upon the findings set forth hereunder. F. All legal preconditions to the adoption of the Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that: Development Code Section 17.05.010.E -Development Plan 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 proposal is consistent with the Highway Tourist development standards of the Development Code and Highway Tourist land use designation and policies reflected for the City of Temecula General Plan. All development standards and general policies have been reviewed and the project, as conditioned, is consistent with the use regulations outlined within the Vail Ranch Specific Plan and the Development Code and also complies with all applicable Building, Fire and City Municipal Codes. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare; The proposed project is consistent with the development standards outlined in the Vail Ranch Specific Plan and the City of Temecula Development Code. The proposed architecture and site layout for the project has been reviewed utilizing Vail Ranch Specific Plan Design Guidelines and the Highway Tourist development standards in the Development Code. The proposed project has met the performance standards in regard to circulation, architectural design, and site plan design. The project has been reviewed for, and as conditioned, has been found to be consistent with, all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety and welfare. Old Town Specific Plan Section V.F.7 -Certificate of Historic Appropriateness A. The proposed structure is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other ordinances of the City and is designed for the protection of the public health, safety, and general welfare; The proposed restoration of the historic Vail Ranch Headquarters Complex is consistent with the Vail Ranch Specific Plan, the Highway Tourist zone development standards of the Development Code and the Highway Tourist land use designation and policies reflected in the City of Temecula General Plan. All development standards and general policies have been reviewed and the project, as conditioned, is consistent with the Vail Ranch Specific Plan and the Development Code. The project also complies with all applicable Building, Fire and City Municipal Codes and has been adequately conditioned to protect and preserve the public health, safety and general welfare. B. The proposed structure is in conformance with the requirements of the Old Town Specific Plan, including the goals, objectives and policies, and architectural guidelines and standards; The Vail Ranch Headquarters Complex is located within the Vail Ranch Specific Plan; however, it is also within the boundaries of the Temecula Local Historic Preservation District as defined within Section V.8 of the Old Town Specific Plan. The paint colors, rehabilitation, additions and site improvements are proposed in a manner consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties. In addition, the proposed restoration of the historic Vail Ranch Headquarters have been reviewed by the Old Town Local Review Board, the Riverside County Historic Commission, Vail Ranch Restoration Association and this local Historic Society and the project has been determined as historically appropriate modifications in conformance with the requirements of the Old Town Specific Plan (relative to historic appropriateness requirements) and the Vail Ranch Specific Plan including the goals, objectives and policies, and architectural guidelines and standards. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Development Plan and Certificate of Historic Appropriateness: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (Section 15332, Class 32 In-Fill Development). Class 32 consists of projects characterized as In-fill Development meeting the conditions described below: 1. The project is consistent with the applicable General Plan designation and all applicable General Plan policies as well as with applicable zoning designation and regulations. The project for the restoration of the historic Vail Ranch Headquarters Complex is consistent with the Highway Tourist land use designation. The General Plan Highway Tourist designation includes retail, office and restaurant uses. The project is consistent with all applicable General Plan policies and with all applicable zoning designation regulations and standards contained within the Vail Ranch Specific Plan and the Development Code including the development standards within the Highway Tourist zoning district and all applicable requirements for lot coverage, building setbacks, floor area ratio, landscape requirements and parking requirements for projects in the Highway Tourist zone. 2. The proposed project occurs within City limits on a project site of no more than five acres substantially surrounded by urban uses. The proposed project for restoration of the historic Vail Ranch Headquarters Complex occurs within City limits. The project site is four acres and completely surrounded by urban uses. All surrounding uses are urban uses including commercial uses. 3. The project site has no value for endangered, rare or threatened species. The project site is not known to have value or habitat for endangered, rare or threatened species. The project houses six existing historic structures and the property has been utilized from time to time for special events. The project is in compliance with the Multiple Species Habitat Conservation Plan. In addition, a Burrowing Owl Survey was conducted on November 16, 2007 and it was reported that the site is not conducive to burrowing owl occupation. The site is surrounded by commercial and urban development and has no value for endangered, rare or threatened species. 4. The approval of the project would not result in any significant effects relating to traffic, noise, air quality or water quality. The approval of this project is not anticipated to result in any significant effects relating to traffic, noise, air quality or water quality. The preservation of the historic Vail Ranch Headquarters Complex was planned for restoration while the surrounding development of the Redhawk Towne Center Shopping Center occurred. In addition, the Redhawk Towne Center includes parking to more than adequately provide parking spaces for the Historic complex. The City's Traffic Engineer has determined that the size of the project is insignificant as compared to the existing volumes on Temecula Parkway. Furthermore, it is not expected that noise, air quality or water quality will be impacted with the restoration of the historical Vail Ranch Headquarters Complex. 5. The site can be adequately served by all required utilities and public services. The project site for the historic Vail Ranch Headquarters Complex can be served by all required utilities and public services as proposed. The appropriate utility services already provide service to the adjacent retail structures and development within the Redhawk Towne Shopping Center. The proposed reconstructed site has been adequately designed to ensure that all public services will access the site for all necessary services during reconstruction and build-out. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA07-0239 and PA07-0240, the Development Plan and the Certificate of Historic Appropriateness for the restoration of the historic Vail Ranch Historic Headquarters Complex, located at 32115-32125 Temecula Parkway, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 7th day of May 2008. Jo n Telesio, Chairman ATTEST: %~w ~~/~ Debbie Ubnoske, Secretary .^ [SEAL] ~^ `. STATE OF CALIFOE~NIA ) COUNTY OF RIV~I~SIDE )ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 08-22 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 7th day of May 2008, by the following vote: AYES: NOES 4 PLANNING COMMISSIONERS: Carey, Chiniaeff, Harter, Telesio 0 ABSENT: 1 ABSTAIN: 0 PLANNING COMMISSIONERS None PLANNING COMMISSIONERS Guerriero PLANNING COMMISSIONERS None ~~~~ ~~ ~- Debbie Ubnoske, Secretary EXHIBIT A FINAL CONDITIONS OF APPROVAL SCANNED: ~/~/aa G DRIVE: ?'!~l/ate PERMITS PLUS: 9~'a~o~' INITIALS: d'-'r~ PLANNER: ~p~vv~ ~~ ~~~oe~ SFP 4 2008 ACCEPTANCE OF CONDITIONS OF APPROVAL I, Jerry Tessier, understand that Planning Application No. PA07-0239 and PA07-0240 have 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. 08-22 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. ~_ ~~ 3~0 ~ SIGNATURE DATE EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA07-0239 and PA07-0240 Project Description: A Development Plan (PA07-0239) and Certificate of Historic Appropriateness (PA07-0240) for the restoration of the historic Vail Ranch Headquarters Complex which includes adaptive re-use of the historic site and new construction to include retail, restaurant and office tenants totaling 27,128 square feet comprising of 13,390 square feet of existing historic structures and 13,738 proposed additional historically appropriate new construction on 4 acres within the Vail Ranch Specific Plan, located at 32115-32125 Temecula Parkway, generally located at the southeast corner of Redhawk Parkway and Temecula Parkway Assessor's Parcel No.: 960-010-044 MSHCP Category: Commercial DIF Category: Commercial TUMF Category: Retail Approval Date: May 7, 2008 Expiration Date: May 7, 2010 CITY OF TEMECULA PLANNING DEPARTMENT Within 48 Hours of the Approval of This Project The applicanUdeveloper shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty-Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15062. If within said 48-hour period the applicant/developenc~s 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. General Requirements 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. City of Temecula approval is required for any modifications or revisions to the Conditions of Approval imposed pursuant to this resolution approval of this project. 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 City of Temecula 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. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the City of Temecula Planning Department. 8. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the City of Temecula Planning Director. If it is determined that the landscaping is not being maintained, the City of Temecula 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. 9. The applicant shall paint athree-foot by three-foot section of each building for City of Temecula Planning Department inspection, prior to commencing painting of each building. 10. The applicant shall submit to the City of Temecula Planning Department for permanent filing two 8" X 10" glossy photographic color prints of the approved Color and Materials Board and the colored architectural elevations. All labels on the Color and Materials Board and Elevations shall be readable on the photographic prints. 11. Prior to an employee selling alcohol from the site or any structure on the site, the alcohol licensee or employer for the facility shall ensure that the employee has received Licensee Education on Alcohol and Drugs (L.E.A.D.) training from the California Department of Alcoholic Beverage Control. 12. Trash enclosures shall be provided to house all trash receptacles utilized on the site. These shall be clearly labeled on site plan; and shall be designed according to the approved architectural detail drawings. Should the size of the trash enclosures be enlarged to accommodate larger bins, the design must substantially conform to the approved architectural drawings on fle with the City of Temecula Planning Department. 13. An 8.5" x 11" (or larger) sign listing local transportation service providers and corresponding telephone numbers shall be posted at a conspicuous location within any building selling alcohol. Information to assist in the compilation of this sign may be obtained through the Temecula Valley Chamber of Commerce (951-676-5090). 14. A construction staging area plan (or phasing plan if construction is phased) for construction equipment and trash shall be approved by the City of Temecula Director of Planning. 15. During construction, the north fence (facing the front parking lot) shall remain intact to conceal the construction, construction equipment, materials and trash. 16. All construction/rehabilitation of historic resources/structures shall be performed in a manner consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties within Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings (1995), Weeks and Grimmer. 17. This project and all subsequent projects within this site shall require City of Temecula approval and shall be consistent with fhe City of Temecula General Plan, City of Temecula Development Code and the Vail Ranch Specific Plan. 18. The project shall house compatible uses centered upon an appropriate theme which shall be complementary to the historical significance of the site and structures. All business licenses, including those approved by the County of Riverside, shall be approved by the City of Temecula pursuant to the Highway Tourist zone as required by the City of Temecula General Plan Land Use Designation Highway Tourist (HT). The City of Temecula may determine that any proposed or existing use is not compatible or permissible with the nature of the historic site. 19. Any and all users of the property including but not limited to property owners, lessees, tenants, assignees, agents, developers, consultants, contractors, representatives andlor third parties shall be subject to the City of Temecula General Plan, City of Temecula Municipal Code and Vail Ranch Specific Plan for any and all modifications to the site or uses including but not limited to business licenses, grading permits, building permits, planning applications and permits requiring discretionary approval (and all such modifications or uses shall be reviewed and approved by the City of Temecula). All routine and regular fees required by the City of Temecula shall be paid by the applicant. 20. All health and safety services including routine, regular or emergency fire, ambulance and/or police services provided by the City of Temecula for this site shall be paid for by the governmental agency officially designated as the final lead agency with jurisdiction of the site. 21. 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 City of Temecula 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. City of Temecula 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 City of Temecula Planning Commission for its decision. DESCRIPTION MATERIAL Cookhouse - The west, east and north sides of the "add-on" Wall Finish (for building attached to the northern elevation of the the add-on cookhouse (once the cowboy dining room) shall addition once be given a different external color and treatment known as the from the rest of the cookhouse per Vail Ranch cowboy dining Restoration Association. 12" horizontal wood room) siding. Cookhouse - Stucco (Highland Stucco) for new kitchen addition Wall Finish 6" wood horizontal wood/redwood siding for existing structure/repair existing walls Cookhouse Roof Corrugated Metal Cookhouse Trim Wood Wolf Store - Wall Finish Wolf Store - Trim Wolf Store - Roof Machine Barn - Wall Finish Repair/Repaint existing wood/redwood siding or adobe Wood Clean/Repair existing wood shingle roof; match any new roof shingles with existing roof shingles Fire treat wood shingles. Repair and repaint existing wood siding New Addition shall be horizontal wood siding Machine Barn - Wood Trim Machine Barn - Corrugated Metal Roof Caretaker Repair/Replace Stucco Building -Wall Finish COLOR Benjamin Moore Mountain Retreat #1176 Highland Stucco #580 Sherwin Williams Roycroft Copper Red #2839 Metal White White (Benjamin Moore Winter Snow #OC-63) Sherwin Williams Roycroft Copper Red #2839 or White Brown (Red Cedar f re treated wood shingles) Sherwin Williams Roycroft Copper Red #2839 Semi-Transparent Wood Stain: Behr Cedar Natural tone DP 533 Same as wall finish Metal White (Benjamin Moore Winter Snow #OC-63) DESCRIPTION MATERIAL COLOR Caretaker Wood Benjamin Moore: Building -Trim Hidden Falls #714 Caretaker Clean/Repair existing wood shingle roof; match Brown (Red Cedar Building -Roof any new roof shingles with existing roof shingles. fire treated wood Fire treat wood shingles. shingles) Water Building - Repair/replace stucco White (Benjamin Wall Finish Moore Winter Snow #OC-63) Water Building - Wood Benjamin Moore Trim Mountain Retreat #1176 Water Building - Corrugated Metal Metal Roof Bunkhouse - New addition is stucco Highland Stucco #580 Wall Finish Repair and replace existing plaster on existing PPG Architectural structure Finishes; Walnut Grove #511-7 Bunkhouse- Wood White Trim Bunkhouse - Corrugated Metal Metal Roof Bunkhouse - Wood White Trellis New Retail Cedar Wood Semi-Transparent Building -Wall Stain Cordovan Finish Brown/Cabot Stains New Retail Cedar Wood PPG Architectural Building-Trim Finishes: Walnut Grove New Retail Corrugated Metal Metal Building -Roof All railings and Color/Stain/Material shall match approved main Color/stain/material exterior structure color or trim color or shall be brown shall match approved staircases stained wood. main structure color or trim color or shall be brown stained wood. Concrete shall be beige, brown or tan colored. DESCRIPTION MATERIAL COLOR Accessible If wooden, then color/stain shall match approved If wooden, then Ramp Flooring main structure color or trim or shall be brown color/stain shall and Sides stained wood. If concrete, then color shall be match approved main beige. structure color or trim or shall be brown stained wood. If concrete, then color shall be beige. Two Trellises Wood with local granite block base to match Wood stain shall (located on front Emigrant Trail Monument match the wood stain sidewalk) trim used within the commercial center surroundings (i.e., wooden trim on the retail stores directly to east of project site). Perimeter Wooden 3-rail split fencing Wood stain shall Fencing match the wood stain trim used within the commercial center surroundings (i.e., wooden trim on the retail stores directly to east of project site). Grape Stake fencing may only be used along perimeter fencing along the eastern property boundary of the site (only in the rear behind the loading area of the adjacent retailer). Machine Barn - Wooden split rail or picket Brown or natural Front Patio wooden stain or white Fencing Wolf Store - Wooden split rail Brown or natural Patio Fencing wooden stain Cookhouse- Wooden picket White Patio Fencing All Exterior Patio At-grade wood plank decking Brown or natural Flooring wood stain or color to match the Sherwin Williams Exterior Preservation Palette DESCRIPTION MATERIAL Exterior Redwood Benches located within the project site (inside of the perimeter fencing ) Exterior Trash Wooden barrel Cans Exterior Trash Vertical wooden siding with wood post trellis Enclosures Pathways, Stage Decomposed Granite Coach Trail and open DG area COLOR Clear sealer or brown wood stained. Clear sealer or brown wood stained Brown or natural wood stain Gail Materials Desert Gold, Nexpave and Temescal Gold (contrasting colors for each area) 22. City of Temecula Planning Director approval is required forall exterior decor, including but not limited to ranch equipment, well diggers, hay wagon stage, lighting fixtures, fencing, and outdoor furniture for the site including outdoor furniture for restaurants. 23. City of Temecula Planning Director approval is required for all future exterior vending cart/kiosks which shall be designed in a mannerconsistent with the historic era of the Vail Ranch Headquarters. 24. Revised at the May 7, 2008 Planning Commission Meeting. No less than the specified interior square footage for each structure listed below and as designated on the approved floor plans shall be preserved and dedicated, in perpetuity, as museum display and/or educational/ interpretive centers dedicated to the historical period of the Vail Ranch era (pre-Vail Ranch era may be acceptable) .These designated areas shall be utilized for public display, educational purposes or storage of relevant materials A governmental agency and/or non-profit organizations, with a goal dedicated to the education of the historical Vail Ranch era, ,shall be granted tenancy free of charge to oversee the specified display area: STRUCTURES SQUARE FOOTAGE* *Sguare footage may vary slightly based upon construction requirements. Wolf Store 94 square feet Bunkhouse 236 square feet Machine Barn 456 square feet Caretaker House 139 square feet Water Building 338 square feet 25. Modifications that are required by the State Historic Preservation Office or National Park Service as a result of a State or National Historic Registry application shall be provided in writing to the Planning Department and shall be deemed to be in substantial conformance with no further approval required by the Planning Director or Planning (Added at the May 7, 2008 Planning Commission Meeting). Prior to Issuance of Grading Permits 26. A certified arborist is required to be present during disturbance of soil near the inventoried trees that are old and distressed as detailed in the Vail Ranch Tree Inventory and Report dated November 1, 2007 in an effort to deter further distress to the trees. 27. Provide the City of Temecula 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. 28. 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 City of Temecula Director of Planning. 29. A copy of the Rough Grading Plans shall be submitted and approved by the City of Temecula Planning Department. Cultural 30. 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 Temecula of such and the City of Temecula shall cause all further excavation or other disturbance of the affected area to immediately cease. The City of Temecula Director of Planning athis/her sole discretion may require the property owner to deposit a sum of money it deems reasonably necessary to allow the City of Temecula to consult and/or authorize an independent, fully qualified specialist and a Pechanga Tribal representative to inspect the site at no cost to the City of Temecula, in order to assess the significance of the find. Upon determining that the discovery is not an archaeological/cultural resource, the City of Temecula Director of Planning shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is anarchaeological/cultural resource, the City of Temecula 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 City of Temecula Planning Director." 31. If inadvertent discoveries of subsurface archaeological/cultural resources are discovered, the developer, the project archaeologist, and the Pechanga Tribe shall confer on the proper methods for investigation and evaluation of the resources, assess the significance of such resources, and shall meet and confer regarding the mitigation for such resources. If the Developer and the Pechanga Tribe cannot agree on the significance or the mitigation for such resources, these issues will be presented to the City of Temecula Planning Director for decision. The City of Temecula Planning Director shall make the determination based on the provisions of the California Environmental Quality Act with respect to archaeological resources and shall take into account the religious beliefs, customs, and practices of the Tribe. Notwithstanding any other rights available under the law, the decision of the City of Temecula Planning Director shall be appealable to the City of Temecula City Council. 32. If human remains are encountered, California Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to California Public Resources Code Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission shall be contacted within a reasonable timeframe. Subsequently, the Native American Heritage Commission shall identify the "most likely descendant." The most likely descendant shall then make recommendations, and engage in consultations concerning the treatment of the remains as provided in Public Resources Code 5097.98. 33. The developer is required to enter into a Cultural Resources Treatment Agreement with the Pechanga Tribe. This Agreement will address the treatment and disposition of cultural resources and human remains that may be impacted as a result of the development of the Project, as well as provisions for tribal monitors. 34. A qualified archaeological monitor will be present during all ground disturbing activities and will have the authority to stop and redirect grading activities, in consultation with the Pechanga Tribe and their designated monitors, to evaluate the significance of any archaeological resources discovered on the property. 35. Tribal monitors from the Pechanga Tribe shall be allowed to monitor all grading, excavation and groundbreaking activities, including all archaeological surveys, testing, and studies, to be compensated by the developer. 36. The landowner agrees to relinquish ownership of all Native American cultural resources, including all Native American archaeological artifacts that are found on the project area, to the Pechanga Tribe for proper treatment and disposition. 37. A qualified archaeologist, the Pechanga Tribe representatives and qualified paleontologist shall be present at the pre-grade meeting to discuss the monitoring program as required by these conditions of approval, including collecting and safety procedures for the project. The applicant shall supply the contact information of the archaeological consultant and paleontological consultant to the City of Temecula Planning Department prior to grading permits. 38. A qualified archaeologist shall comply with standard monitoring procedures and standard subsurface investigation procedures as outlined in the Archaeology Study of Vail Ranch Restoration Plan dated January 16, 2008 by Beth Padon Discovery Works, Inc. 39. A qualified paleontological monitor shall be present during ground disturbing activities within the project area determined likely to contain paleontological resources. All impacts to the Pauba Formation shall be monitored. A qualified paleontological monitor will have the authority to stop and redirect grading activities, in consultation with the Pechanga Tribe and their designated monitors, to evaluate the significance of any paleontological resources discovered on the property. The Applicant shall supply the contact information of the paleontological consultant to the City of Temecula Planning Department prior to grading permits. 40. A final archaeological monitoring report and a final paleontological monitoring report, including an itemized inventory and pertinent field data in compliance Riverside County Cultural Resources Investigations Standards Scopes of Work shall be sent to the City of Temecula Planning Department, the Eastern Information Center at UC Riverside, the Pechanga Tribe and Vail Ranch Restoration Association prior to occupancy of the first building. 41. Any recovered non-Native American artifacts or fossils shall be relinquished to Vail Ranch Restoration Association Museum of Temecula for proper treatment and disposition; and an itemized receipt from Vail Ranch Restoration Association shall be submitted to the City of Temecula prior to occupancy of the first building. These shall be utilized for public display and educational purposes within the museum or display areas or as approved by the City of Temecula. 42. If any excavations are required at the Wolt Store foundation, careful hand excavations shall be required and in the presence of a Riverside County certified archaeologist, a Riverside County certified historian/historic architect, and a Pechanga Tribal monitor. Should the hand excavation inadvertently reveal the foundation, the qualified archaeologist and Historian/Historic Architect shall examine and identify the construction methods and style used for this adobe structure and prepare a report evaluating its age and heritage since the exact date and who constructed the Wolf Store remains unknown. A copy of this report shall be submitted to the City of Temecula, the Eastern Information Center at UC Riverside, the Pechanga Tribe and Vail Ranch Restoration Association prior to occupancy of the first building. Prior to Issuance of First Building Permit 43. Prior to or during the construction plan review process, applicant will need to resolve the no-build easement located along the western property boundary to the satisfaction of the City of Temecula Building and Safety Department and City of Temecula Public Works Department. Should any modifications be required to the site plan or architectural plans, proposed plans must be approved by the City of Temecula Planning Director prior to issuance of the first building permit. 44. Plans with details of a monument with minimum base height of eight feet plus a minimum topper height of two feet, dedicated to the Southern Emigrant Trail ("Southern Emigrant Trail Monument"), including exact site location and design shall be submitted to the City of Temecula Planning Director. The monument shall be constructed with a base of local granite blocks in a configuration to mimic the "old jail" in Temecula Old Town, with a crafted topper to pay tribute to the specific segment of the Emigrant Trail at the Vail Ranch Headquarters. Plans shall detail each elevation (of the four sides) of the monument and shall provide the language as well as the design for a ceramic or stone plaque/inscription to be placed upon each side of the monument. The topper and plaques shall represent the Emigrant Trail at the Vail Ranch Headquarters. The four sides shall be dedicated to: (1) the Butterfield Stage (a plaque already made by the Temecula Valley Historical Society may be appropriate on this side); (2) the Pechanga Indian Tribe; (3) the immigrants who traveled by covered wagon; and (4) men on horseback driving cattle. Applicant is required to work with local historians, Vail Ranch Restoration Association and Pechanga Tribe to ensure the language and design for the plaques and topper design for the monument is historically appropriate. Monument plans shall detail a proposal for Geo Caching to include a "secret" opening within in the monument (access to a secured electrical outlet shall be included within this opening). Monument details shall include wooden barrel flowerpots with colorful flowers surrounding it and lighting that spotlights the topper and each side. Monument plans shall be submitted to the City of Temecula Planning Department prior to issuance of first Building Permit. Monument plans shall be approved by the City of Temecula Planning Director and the City of Temecula Infrastructure Beautification Committee and shall be constructed as approved by the City of Temecula Planning Director and City of Temecula Infrastructure Beautification Committee prior to occupancy of the first building. 45. Plans with details of the proposed Water Tower including dimensions, materials, colors and elevations shall be submitted to the City of Temecula Planning Director. Water Tower Plans shall be submitted to the City of Temecula Planning Director prior to the issuance of the first building permit. WaterTowershall be approved by the City of Temecula Planning Director and shall be constructed as approved by the City of Temecula Planning Director prior to occupancy of the first building. 46. Plans with details of two decorative emblem/motifs crafted of iron or similar material for placement within the front sidewalk (similar in style and nature as the emblems located within the sidewalk at the corners of Old Town Front Street and Main) shall be submitted to the City of Temecula Planning Director prior to issuance of first Building Permit. Decorative emblems/motifs shall be approved by the City of Temecula Planning Director and shall be constructed as approved by the City of Temecula Planning Director prior to occupancy of the first building. 47. "Historic Monuments" as approved within the sign program shall provide an inscription with a synopsis naming and describing each historical building. Plans with details of the inscription for each historic building shall be provided to the City of Temecula Planning Director. Details shall include materials and design of the plaques, exterior lighting and all language. Applicant is required to work with Vail Ranch Restoration Association to ensure the material, design and language of each inscription is historically appropriate. Plans for historical monuments with inscriptions shall be submitted to the City of Temecula Planning Department prior to issuance of first Building Permit. Historical monuments shall be approved by the City of Temecula Planning Director shall be constructed as approved by the City of Temecula Planning Director prior to occupancy of the first building. 48. Plans with details of the proposed Wind Mill including dimensions, materials, colors and elevations shall be submitted to the City of Temecula Planning Director prior to the issuance of the first building permit. Wind Mill shall be approved by the City of Temecula Planning Director and shall be constructed as approved by the City of Temecula Planning Director prior to occupancy of the first building. 49. Construction plans shall detail that the window on the east elevation (front) of the Wolf .Store structure (to the left of the doors) shall be enlarged (to conform) historically and to allow better visibility of the display inside the front bunkroom. 50. Plans, including locations and specifications/details, for security cameras with recorders to be installed on site to monitor all exterior areas of the project, including all historic structures, monuments and exterior decor shall be submitted to the City of Temecula Planning Director prior to issuance of first building plan check. Plans shall note that security cameras shall be digital and filed digitally and that all recordings shall not be deleted until after a 30-day period. Security plans shall be approved by the City of Temecula Planning Director and shall be constructed as approved by the City of Temecula Planning Director prior to occupancy of the first building. 51. Construction plans shall include a second entrance gateway located at the southern entrance (rear entrance) of the Stage Coach Path and shall be designed identical to the front gateway. Construction plans shall detail any proposed logo or decor to be placed upon the front or rear gateway. 52. Construction plans shall indicate that proposed windows on historic structures shall not be constructed of plastic materials; and that all muttons on windows shall be real wood muttons and not placed within the dual pane glass like contemporary windows. 53. The applicant shall submit a photometric plan forthe site to the City of Temecula Planning Department, which meets the requirements of the Development Code and the Palomar Lighting Ordinance. The light standards shall be placed in such a way as to not adversely impact the growth potential of the parking lot trees. 54. Construction plans shall include all proposed exterior lighting and light fixtures for City of Temecula Director of Planning for approval. All light fixtures shall be decorative. 55. Construction plans shall include details (materials/stain/color) of all proposed horse hitches. A minimum of two horse hitches on-site shall be constructed to replicate the granite horse hitch in front of the historic Bank Building located on the northwest corner of Main and Old Town Front Street. 56. Three copies of Construction Landscaping and Irrigation Plans shall be reviewed and approved by the City of Temecula 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 perimeter 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. Total cost estimate of plantings and irrigation (in accordance with approved plan). g. Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance). 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. Specifications shall indicate that a minimum of two landscape site inspections will be required. One inspection to verify that the irrigation mainline is capable of being pressurized to 150 psi for a minimum period of two hours without loss of pressure. The second inspection will verify that all irrigation systems have head-to- head coverage, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The applicant/owner shall contact the City of Temecula Planning Department to schedule inspections. k. Adequate tree coverage acceptable to the City of Temecula Planning Director shall be provided on the east and west elevations to screen retailers (currently Kohls and Famous Footwear). Vines within the two trellis planter boxes (located within the front sidewalk area) shall match the vines on the trellises directly west of the proposed site in the sidewalk area in front of the big box retailer (currently Kohls). 57. 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 anafter-thought. Plan planting beds and design around utilities. Locate all light poles on plans and insure that there are no conflicts with trees. 58. Building Construction Plans shall include detailed outdoor areas including but not limited to trellises, decorative furniture, monuments, decorative concrete, hardscape, to match the style of the project site subject to the approval of the City of Temecula Planning Director. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit 59. Applicant shall ensure that all onsite trees are health and free of disease or pests and shall comply with all recommendations set forth in the Vail Ranch Tree Inventory and Report for trees dated November 1, 2007 including, but not limited to the following: a. A certified arborist shall oversee that all trees shall be pruned appropriately to remove dead wood and "hangers"; and for balance and symmetry. b. A certified arborist shall oversee that all Jagged wounds left when limbs snapped off should be cut cleanly, back to the nearest attachment point. 60. Applicant shall submit a letter from a certified arborist to the City of Temecula Planning Director that states all trees on site have been pruned, treated appropriately and are free of disease or pests. 61. Ari applicant shall submit a letter of substantial conformance, subject to field verification by the City of Temecula Planning Director orhis/her designee. Said letter of substantial conformance shall be prepared by the project designer and shall indicate that all plant materials and irrigation system components have been installed in accordance with the approved final landscape and irrigation plans. If a certificate of use and occupancy is not required for the project, such letter of substantial conformance shall be submitted prior to scheduling for the final inspection. 62. 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 file covered mansard roof element or other screening reviewed and approved by the City of Temecula. 63. 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 City of Temecula Director of Planning. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 64. Performance securities, in amounts to be determined by the City of Temecula 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 City of Temecula Planning Department for a period of one year from final Certificate of Occupancy. After that year, if the landscaping and irrigation system have been maintained in a condition satisfactory to the City of Temecula Director of Planning, the bond shall be released upon request by the applicant. 65. All site improvements shall be installed. 66. Southern Emigrant Trail Monument, approved by the City of Temecula, as required by Condition of Approval No. 43 above, shall be fully constructed. 67. Two decorative emblem/motifs crafted of iron or similar material, approved by the City of Temecula, as required in Condition of Approval No. 44 above, shall be within the front sidewalk. 68. Historic Monuments, approved by the City of Temecula, as required by Condition of Approval No. 45 above, shall be fully constructed. 69. The proposed Water Tower, approved by the City of Temecula, as required by Condition of Approval No. 46 above, shall be fully constructed. 70. The proposed Wind Mill, approved by the City of Temecula, as required by Condition of Approval No. 47 above, shall be fully constructed. 71. Security Cameras, approved by the City of Temecula, as required by Condition of Approval No. 48 above, shall be installed and working. 72. All of the forgoing conditions shall be complied with prior to occupancy of the first building or any use allowed by this permit. OUTSIDE AGENCIES 73. The applicant shall comply with the recommendations set forth in the Pechanga Cultural Resource's letter dated September 7, 2007. 74. Flood protection shall be provided in accordance with the Riverside County Flood Control District's transmittal dated September 10, 2007, a copy of which is attached. The fee is made payable to the Riverside County Flood Control Water District by either a cashier's check or money order, prior to the issuance of a grading permit (unless deferred to a later date by the District), based upon the prevailing area drainage plan fee. 75. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated September 5, 2007, a copy of which is attached. CITY OF TEMECULA BUILDING AND SAFETY DEPARTMENT General Requirements 76. All design components shall comply with applicable provisions of the 2007 edition of the California Building, Plumbing and Mechanical Codes; 2007 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. 77. The City of Temecula adopted an ordinance on March 31, 2003 to collect fees for a Riverside County area wide Transportation Uniform Mitigation Fee (TUMF). This project is subject to payment of these fees at the time of building permit issuance. The fees are subject to the provisions of Ordinance 03-01 and the fee schedule in effect at the time of building permit issuance. 78. 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 streetlights 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. 79. 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. 80. Obtain all building plans and permit approvals prior to commencement of any construction work. 81. Show all building setbacks. 82. 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 how the operation of exterior lighting and fire alarm systems when a house meter is not specifically proposed. 83. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans. 84. Provide disabled access from the public way to the main entrance of the building. 85. Provide van accessible parking located as close as possible to the main entry. 86. Commercial and Industrial project trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. 87. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, shown below, as allowed by the City of Temecula Ordinance No. 94-21, specifically Section G (1) of Riverside County Ordinance No. 457.73, for any site within one-quarter mile of an occupied residence. The permitted hours of construction are Monday through Friday from 6:30 a.m. to 6:30 p.m., and Saturday from 7:00 a.m. to 6:30 p.m. No work is permitted on Sundays or Government Holidays. 88. Show path of accessibility from parking to furthest point of improvement. Prior to Submitting for Plan Review 89. Obtain street addressing for all proposed buildings. 90. Resolve with Director of Building and Safety prior to or during plan review process the issues of recorded "No-Build easement" and allowable area for the building located on Parcel F (Kohls). At Plan Review Submittal 91. Restroom fixtures, number and type, to be in accordance with the provisions of the 2007 edition of the California Plumbing Code. 92. Provide electrical plan including Toad calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work. 93. Truss calculations that are stamped by the engineer of record and the truss manufacturer engineer are required. 94. Provide precise grading plan to check accessibility for persons with disabilities. Prior to Issuance of Building Permits 95. Provide appropriate stamp of a registered professional with original signature on plans. Prior to Beginning Construction 96. Apre-construction meeting is required with the building inspector. CITY OF TEMECULA COMMUNITY SERVICES DEPARTMENT General Requirements 97. The trash enclosures shall be large enough to accommodate a recycling bin, as well as, regular solid waste containers. 98. The developershall contact the City's franchised solid waste hauler for disposal of any demolition and construction debris. Only the City's franchisee may haul demolition and construction debris. 99. The Applicant shall comply with the Public Art Ordinance. 100. All parkways, landscaping, walls, fencing and on site lighting shall be maintained by the property owner or maintenance association. Prior to Issuance of Building Permits 101. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction debris. CITY OF TEMECULA FIRE PREVENTION General Requirements 102. 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. 103. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial buildings per CFC Appendix B. The developer shall provide for this project, a water system capable of delivering 4,000 GPM at 20 PSI residual operating pressure fora 4 hour duration. The Fire Flow as given above has taken into account all information as provided (CFC Appendix B and Temecula City Ordinance 15.16.020, Section R). 104. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix C. 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 Appendix C and Temecula City Ordinance 15.16.020, Section R). 105. 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 508.5). 106. If construction is phased, each phase shall provide approved access and fire protection prior to any building construction (CFC 503.4). 107. Afire department connection (FDC) and post indicator valve (PIV) is required for every building that has fire sprinklers. These need to be shown on the address side of the building. The FDC and PIV needs to be labeled with the building address on the device. These need to be shown on the underground plans. Prior to Issuance of Grading Permits 108. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be with a surface so as to provide all-weather driving capabilities. Access roads shall be 80,000 lbs. GVW with a minimum of AC thickness of 25 feet. In accordance with Section 1410.1, prior to building construction, all locations where structures are to be built shall have fire apparatus access roads. When temporary fire apparatus access roads are approved by the chief and provided for use until permanent fire access roads are installed; the fire apparatus roads shall be an all weather surface for an 80,000 Ibs GVW (CFC 503.2.3 and City Ordinance 15.16.020 Section E). 109. Fire Department vehicle access roads shall have an unobstructed width of not less than 24 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches (CFC 503.2, 503.4 and City Ordinance 15.16.020 Section E). Prior to Issuance of Building Permits 110. The developer shall furnish one copy of the water system plans to the Fire Prevention Bureau for approval prior to installation for all private water systems pertaining to the fire service loop. 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 will be required with the underground submittal to ensure fire flow requirements are being met for the on site hydrants. The plans must be submitted and approved prior to building permit being issued. 111. 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. 112. 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. The fire alarm system is required to have a dedicated circuit from the house panel. Prior to Issuance of Certificate of Occupancy 113. Hydrant locations shall be identified by the installation of reflective markers (blue dots) (City Ordinance 15.16.020 Section E). 114. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Commercial buildings shall have a minimum of 12-inch numbers with suite numbers being a minimum of six inches in size. All suites shall have a minimum of six- inch high letters and/or numbers on both the front and rear doors (CFC 505.1 and City Ordinance 15.16.020 Section E). 115. A "Knox-Box" shall be provided. The Knox-Box shall be installed a minimum of six feet in height and be located to the right side of the fire riser sprinkler room (CFC 506). 116. 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 (CFC 503.3). 117. 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. CITY OF TEMECULA POLICE DEPARTMENT General Requirements 118. Applicant shall ensure all landscaping surrounding all buildings are kept at a height of no more than three feet below the ground floor windowsills. Plants, hedges and shrubbery should be defensible plants to deter would-be intruders from breaking into the buildings utilizing lower level windows. 119. Applicant shall ensure all trees surrounding all building roof tops be kept at a distance so as to deter roof accessibility by "would-be burglars." Trees also act as a natural ladder. Prune tree branches with at least a 6 feet clearance from the buildings. 120. Any berms should not exceed three feet in height. 121. The placement of all landscaping should be in compliance with guidelines from crime Prevention through Environmental Design (OPTED). 122. All project lighting shall be in compliance with the State of California Lighting ordinance, California Government Code 8565. Furthermore, recommend all exterior lighting be in compliance with Mt. Palomar Lighting Ordinance 665 requiring low-pressure sodium lighting. 123. Recommend all exterior doors have their own vandal resistant fixtures installed above each door. The doors should be illuminated with a minimum one-foot candle illumination at ground level, evenly dispersed. 124. All exterior night lighting should be wall mount light fixtures to provide sufficient lighting during hours of darkness and to prevent problems on the premises. 125. The Governors Order to address the power crisis became effective March 18, 2001. This bill calls for a substantial reduction from businesses to cut usage during non-business hours. The order, in part, states: "All California retail establishments, including but not limited to shopping centers, auto malls and dealerships, shall substantially reduce maximum outdoor lighting capability during non-business hours except as necessary for the health and safety of the public, employees or property." 126. Recommend all doors, windows, locking mechanisms, hinges, and other miscellaneous hardware is commercial or institution grade. 127. All roof hatches should be painted "International Orange." 128. Any graffiti painted or marked upon the buildings should be removed or painted over within 24 hours of being discovered. Report all crimes to the Temecula Police 24-hour dispatch center (951) 696-HELP. 129. Upon completion of construction, the buildings shall have a monitored alarm system installed and monitored 24 hours a day by a designated private alarm company, to notify the Temecula Police Department of any intrusion. All multi-tenant offices/suites/ businesses located within a specific building should have their own alarm system. This condition is void if business is opened 24/7. 130. Any public telephones located on the exterior of the buildings should be placed in a well- lighted, highly visible area, and installed with a "call-out only" feature to deter loitering. This feature is not required for public telephones installed within the interior of the buildings. 131. All disabled parking stalls on the premises shall be marked in accordance with section 22511.8 of the California Vehicle Code. 132. Crime Prevention through Environmental Design (CPTED) inspections dealing with landscaping. Furthermore, the definition of Crime Prevention through Environmental Design (CPTED) as developed by the National Crime Prevention Institute (NCPI) at the University of Louisville as "the proper design and effective use of the built environment can lead to reduction in the fear and incidence of crime, and an improvement in the quality of life." The primary nine CPTED strategies are: a. Provide clear border definition of controlled space. Examples of border definition may include fences, shrubbery of signs in exterior areas. Within a building, the arrangement of furniture and color definition can serve as means of identifying controlled space. b. Provide clearly marked transitional zones. Persons need to be able to identify when they are moving from public to semi-public to private space. c. Relocation of gathering areas. Gathering areas or congregating areas need to be located or designated in locations where there is good surveillance and access control. d. Place safe activities in unsafe locations. Safe activities attract normal users to a location and subsequently render the location less attractive to abnormal users due to observation and possible intervention. e. Place unsafe activities in safe locations. Placing unsafe activities in areas of natural surveillance or controlled access will help overcome risk and make the users of the areas feel safer. Re-designate the use of space to provide natural barriers. Separate activities that may conflict with each other (outdoor basketball court and children's play area, for example) by distance, natural terrain or other functions to avoid such conflict. Improve scheduling of space. The timing in the use of space can reduce the risk for normal users and cause abnormal users to be of greater risk of surveillance and intervention. Redesign space to increase the perception of natural surveillance. Abnormal users need to be aware of the risk of detection and possible intervention. Windows and clear lines-of-sight serve to provide such a perception of surveillance. Overcome distance and isolation.. This strategy may be accomplished through improved communications (portable two-way radios, for example) and design efficiencies, such as the location of restrooms in a public building. s., ~~. ~.r 133. All retailing businesses shall contact the California Retailers Association for their booklet on the California Retail Theft Law at California Retailers Association, 1127 Eleventh Street, Suite 1030, Sacramento, CA 95814, (916) 443-1975. Penal Code 490.5 affords merchants the opportunity to recover their losses through a civil demand program. 134. Businesses desiring a business security survey of their location can contact the Crime Prevention and Plans Unit of the Temecula Police Department. 135. Employee training regarding retail/credit card theft, citizens' arrest procedures, personal safety, business security, shoplifting or any other related crime prevention training procedures is also available through the Crime Prevention Unit. 136. Any business that serves or sells any type of alcoholic beverages will comply with all guidelines within the Business and Profession Codes and all other guidelines associated with the State Department of Alcohol Beverage Control. 137. Contact the Temecula Police Department for inspections and training for both employees and owners. This includes special events held at business locations where alcohol will be served for a fee and the event is open to the general public. 138. The Temecula Police Department affords all retailers the opportunity to participate in the "inkless Ink Program". At a minimal cost of less than $40 for inkless inkpads, retailers can take a thumbprint of every customer using a personal check to pay for services. A decal is also posted on the front entry of the business advising customers of the "inkless Ink Program" in use. If the business becomes a victim of check fraud, the Police Department will be able to track the suspect with the thumbprint. CITY OF TEMECULA PUBLIC WORKS DEPARTMENT General Requirements 139. Unless otherwise noted, all conditions shall be completed by the developer at no cost to any Government Agency. It is understood that the developer correctly shows on the site plan all existing and proposed property lines, easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. 140. A Grading Permit for 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. 141. All 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. 142. 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. 143. 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. Prior to Issuance of Grading Permits 144. All existing onsite easements that do not support the project shall be vacated and/or relocated. 145. 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. 146. 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. 147. A Soil Report shall be prepared by a registered soil or civil engineer and submitted to the Director 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. 148. A Geological Report shall be prepared by a qualified engineer or geologist and submitted to the Department of Public Works with the initial grading plan check. The report shall address special study zones and the geological conditions of the site, and shall provide recommendations to mitigate the impact of liquefaction. 149. The Developer shall have a Drainage Study prepared by a registered civil engineer in accordance with City Standards identifying storm water runoff expected from this site and upstream of this site. The study shall identify all existing or proposed public or private drainage facilities intended to discharge this runoff. The study shall also analyze and identify impacts to downstream properties and provide specific recommendations to protect the properties and mitigate any impacts. Any upgrading or upsizing of downstream facilities, including acquisition of drainage or access easements necessary to make required improvements, shall be provided by the developer. 150. Construction-phase pollution prevention controls shall be consistent with the City's Grading, Erosion & Sediment Control Ordinance and associated technical manual, and the City's standard notes for Erosion and Sediment Control. 151. The project shall demonstrate coverage under the State NPDES General Permit far 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. 152. As deemed necessary by the Director of the Department of Public Works, the Developer shall receive written clearance from the following agencies: (a) Riverside County Flood Control and Water Conservation District; (b) Planning Department; (c) Public Works Department. 153. 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. 154. 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. 155. 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. Prior to Issuance of Building Permits 156. Precise grading plans shall conform to applicable City of Temecula Standards subject to approval by the Director of the Department of Public Works. The following design criteria shall be observed: a. Flowline grades shalt be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. b. All street and driveway centerline intersections shall be at 90 degrees. c. 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. 157. 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. 158. 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. 159. 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. Prior to Issuance of a Certificate of Occupancy 160. The project shall demonstrate that the pollution prevention BMPs outlined in the WOMP have been constructed and installed in conformance with approved plans and are ready for immediate implementation. 161. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: (a) Rancho California Water District; (b) .Eastern Municipal Water District; (c) Department of Public Works. 162. 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 Public Works. ' Chairperson: Ggrnainc Arenas PECIiAnCIA CULTURAL RES ~~ ~~ ~~Ij ~~ 1 t ~' i ~Chairpcrson: Temecula Band of Luiseno Mission ems t y6ear Magcc .~~)~ L ortimiucc Mcmbcrs: Post OFfce-Box 2181 • Temecula, CA 925Q~~/ 12aymmid nasyucz, Sr Telephone (951) }OS-92)5 • Fax (951) 50G-9~7 - --~ - E ~ c Gerber Planttirnl~2p~:#rimnt DarlcneMiranda 13ridgell Barccllo Maxwell VIA E-MAIL and USPS September 7, 2007 nirectur: Gary Dubois Coordinator Panl Macarro Cultural Analyse Ms. Betsy Lowrey Stephanie Gordin Project Planner Monitor supenasor: ~ City of Temecula Planning Department Aurdia Martun o P.O. Box 9033 Temecula, CA 92589-9033 Re: Pechanga Tribe Preliminary Comments on the Vail Ranch Restoration Project, City of Temecula, California Dear Ms. Lowrey: Thank you for inviting us to submit general comments on this Project prior to your Pre- DRC meeting on September 11, 2007 to assess environmental impacts. This comment letter is written on behalf of the Pechanga Band of Luiseno Indians (hereinafrer, "the Tribe"), a federally recognized Indian tribe and sovereign govemment. The Tribe is formally requesting, pursuant to Public Resources Code §21092.2, to be notified and involved in the entire CEQA environmental review process for the duration of the above referenced project (the "Project"). We request that these comments also be incorporated into the record of approval for this Project as well. TRIBAL INTEREST It has been the intent of the Federal Govemments and the State of CaliforniaZ that Indian tribes be consulted with regard to issues which impact cultural and spiritual resources, as well as other govemmental concerns. The responsibility to consult with Indian tribes stems from the unique government-to-government relationship between the United States and Indian tribes. This azises when tribal interests aze affected by the actions of governmental agencies and deparhnents. In this case, it is undisputed that the project lies within the Pechanga Tribe's traditional territory. Therefore, in order to comply with CEQA and other applicable Federal and California law, it is 'See Executive Memorandum of April 29, 1994 on Government-to-Govemment Relations with Native American Tribal Govemments and Executive Order ofNovember 6, 2000 on Consultation and Coordination with Indian Tribal Govemments. z See California Public Resource Code §5097.9 et seq.; California Govemment Code §§65351,65352,653523 and 65352.4 Sacred !s The Dutp Trusted Un[o Our Care And Nlith Honor We Rise To Tl~e Need Pechanga Comment Letter to the City of Temecula Re: Pechanga Tribe Preliminary Comments on Vail Ranch Restoration Project September 7, 2007 Page 2 imperative that the City and the Project Applicant consult with the Tribe in order to guarantee an adequate basis of knowledge for an appropriate evaluation of the project effects, as well as generating adequate mitigation measures. The Pechanga Tribe has a long history of involvement with the City, including working as a partner in assessing cultural resources impacts and creating appropriate mitigation measures for such impacts. At this time, the Tribe is not opposed to this development Project. The Tribe's primary concems stem from the Project's likely impacts on Native American cultural resources. The Tribe is concerned about both the protection of unique and irreplaceable cultural resources, such as Luiseno 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 possibly be discovered in the course of the work. PROJECT GENERALLY The Tribe requests that the Lead Agency commit to evaluating Project environmental impacts both to the known sites and to any cultural sites which are discovered during development, and to adopt appropriate mitigation for such sites, in consultation with the Pechanga Tribe. The Tribe will be engaging in further assessment of the Project area, in consultation with tribal elders, to identify more specific concems and will submit proposed conditions and further comments during the open review periods. REQUESTED iN`JOLYEMENT The Tribe requests to work with the City and the Developer in developing all monitoring and mitigation plans for the duration of the Project under California Public Resources code §21081. The Tribe would like to point out that the preferred method of treatment for azcheological/cultural sites according to the CEQA is avoidance (California Public Resources Code §21083.1), and that this is in agreement with the Tribe's practices and policies concerning cultural resources. Further, if azchaeologicaUcultural resources are to be impacted by the Project, it is the position of the Tribe that Pechanga tribal monitors should be required to be present during all ground-disturbing activities conducted in connection with the Project, including all archaeological subsurface excavations. Pechanga Cultural Resomcer • Temecula Banrl oJluiseno Missias Gxlian.r Post Once Box 2183 • Temecula, CA 92592 Sacred Is The Duty Trusted Unto Our Care Aud it <lh Honor I4~e Rise To T he Need Pechanga Comment Letter to the City of Temecula Re: Pechanga Tribe Preliminary Comments on Vail Ranch Restoration Project September 7, 2007 Page 3 We also request that the City provide us with copies of all archeological studies, reports, site records, proposed testing plans, and proposed mitigation measures and conditions as soon as they became available, for our comment. Further, the Pechanga Tribe believes that if human remains are discovered, State law would apply and the mitigation measures for the permit must account for this. According to the California Public Resources Code, § 5097.98, if Native American human remains are discovered, the Native American Heritage Commission must name a "most likely descendant," who shall be consulted as to the appropriate disposition of the remains. Given the Project's location in Pechanga temtory, 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 Pechanga Tribe looks forward to working together with the City of Temecula in protecting the invaluable Pechanga cultural resources found in the Project area. Please contact us once you have had a chance to review these comments so that we might address the issues concerning the mitigation language. If you have any questions, please do not hesitate to contact me. Thank you for the opportunity to submit these comments. Sincerely, . Anna M. Hoover Cultural Analyst Cc: Paul Macarto, Cultural Coordinator Pechanga Cultural Resamces • Temecula Band oJLuiseito Mission Ltdians Post Office Boz 2183 • Temecula, CA 92592 Sacred Is The Duty Trus[ed Un[o Our Care And I~th Honar We Rise To The Need WARRGN D. WQ.L(AMS General Manager-Chic(Enginecr - 'Iro-\s/`off//c/oV@i~~`-y7 )'r\\poDn\/o1IA ~\~/ ~ A~` /S° ~~NJf{Y~0`s RIVERSIDE COUNTY FLOOD CONTROL: _. 1995 MARKtiT STRGET RIVERSIDE,CA 92501 95 L955.1200 951.783.9965 PAX www. noodconiroLco.riversidaca.us 113783_3 AND WATER CONSERVATION DISTE~°I~~'' ; ~ ~° City of Temecula n f~, d '; ' " ,' ~ ' * Plannin Derartment P t Of 1~ 9033 h' r, ~ `' ~ ' "+ ~~r 4 os Ice ox , . Temecula; California 92589-9033 l ~>e , ~~t , > `ss ~s' , ` u/:•- "` „ Attention: Betsy Lowrey Ladies and Gentlemen: 4a Re: PA07-0239 The Distict does not normally recommend conditions for land divisions or other land use cases in incorporated cities. 1'he District also does not plan check city land use cases, or provide State Division of Real Estate letters or other flood hazard reports for such cases. District conmtents/recommendations for such cases are normally limited to items of specific interest to the District includine District Master Drainage Plan facilities, other regional flood cattrol and drainage facilities which cori(d be considered a logical component or extension of a master plan system, and District Area Drainage Plan fees (development mrhgation fees). In addition, information of a general nature is provided. The District has not reviewed the propposed project in detail acid the following checked cotnrnents do not in any way constitute or imply Dish~ict approval or endorsement of the proposed project with aspect to flood hazard, public health and safety or airy other such issue: Y An encroac}unent Hermit shall be obtained For any construction related activities occurring within Temecula Creek Channel or District tight of wav or facilities. Por further information, contact the District's encroachment permit secriou at 951.955.1266. GENERAL INFORMATION This project may require a National Pollutant Dischar((,,~e Elimination System (NPDES) permit from the State Water Resources Control Board. Clearance for grading, recordation or other final approval should not be given until the City has determined that the project has been granted a permit or is shown to be exempt. If this proJ'ect involves a Federal Emergency Martagement Agency (FEMA) mapped flood plain, then the City should require the applicant to provide all studies, calculations, plans and other information required to meet FEMA requirements, and should further require that the applicant obtain a CondrUOnal Letter of Map Revrston (CLOMR) prior to grading, recordation or other final approval of the project, and a Letter of Map Revision (LOMB) prior to occupancy. if a natural watercourse or mapped flood plain is impacted by this project, the City should require the applicant to obtain a Section 1601/1603 Agreement from the California Department of Fish and Game and a Clean Water Act Section 404 Permit from the U.S. Army Corps of Engineers, or written correspondence from these agencies indicating the project is exempt from these requirements. A Clean Water Act Section 401 Water Quality Certifcation may be required from the local California Regional Water Quality Control Board prior to issuance of the Corps 404 permit. c: Riverside County Planning Depaztment Attn: David Mares Ver//y truly yours, ~~ ijU~ ~i~%~Cy---- DALE V. ANDERSON Senior Civil Engineer Date: o /o O ~ CO._.~TY OF RIVERSIDE • HEAL: 'SERVICES AGENCY ~ FPAR°I°I~F~T ®F EN~III~l~t°~~Y~ A~,'~ City of Temecula Platu[ing Department c/o Betsy Lowrey PO BOX 9033 Temecula, CA 92589-9033 5 September 2007 RE: PA07-0239 The Department of Environmental Health (DEH) has received and reviewed the PA07- 0239 for the Restoration of the Vail Ranch Headquarters which includes historic adaptive re-use and new construction of a commercial shopping plaza with retail, restaurant and office tenants and existing historic structures and new additional "historically appropriate" construction on 4 acres zoned Historical Commercial within the Vail Ranch Specific Plan under the project name of VAIL RANCH RESTORATION DP under applicant: Arteco Partners. The development plan application for a proposed 27,464 squaze feet located at 32115- 32125 Highway 79 South, generally located at the southeast corner of Redhawk Parkway and Highway 79 South, behind Kohl's. (APN 960-010-044) Any future food facility the applicant shall contact this Department at 951.461.0284 for food plan check compliance by the County of Riverside DEH. If y8fitt< have any questions, please do not hesitate to call meat 951.955.8980 S3ib'rn /~ A// Gregor Dellenbach, REHS EHS072940 ($136.00) Local Enforcement Agency • E0. 6ox 1250, Riverside. CA 9?502-1280 • (9091 955-8982 PAX (9091 751-9653 • 4050 Lemon Street. 9th Floor. Riverside. CA 9?.501 Land Use and Hater Engin¢eriny, • E0. f3ox 1206, Riverside. CA 92502-1206 •(909( 955-8950 • FAX (909) 955$903 • 4080 Le:ren Sh¢eL. 2nd Floor, Riverside. CA 9?501