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HomeMy WebLinkAbout081909 PC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II]. AGENDA TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE AUGUST 19, 2009 - 6:00 PM Next in Order: Resolution: 2009-18 CALL TO ORDER: Flag Salute: Commissioner Harter Roll Call: Carey, Guerriero, Harter, Kight and Telesio PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Commission on items that are not listed on the Agenda. Speakers are limited to three minutes each. If you desire to speak to the Commission about an item not on the Agenda, a salmon colored "Request to Speak" form should be filled out and filed with the Commission Secretary. When you are called to speak, please come forward and state your name for the record. For all other agenda items a "Request to Speak" form must be filed with the Commission Secretary prior to the Commission addressing that item. There is a three-minute time limit for individual speakers. NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the Planning Commission request specific items be removed from the Consent Calendar for separate action.. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the Minutes of August 5, 2009 PUBLIC HEARING ITEMS Any person may submit written comments to the Planning Commission before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondences delivered to the Commission Secretary at, or prior to, the public hearing. Any person dissatisfied with any decision of the Planning Commission may file an appeal of the Commission's decision. Said appeal must be filed within 15 calendar days after service of written notice of the decision, must be filed on the appropriate Planning Department application and must be accompanied by the appropriate filing fee. 2 Planning Application Nos. PA09-0229 and PA09-0230, a Minor Conditional Use Permit and a Schuma, RECOMMENDATION 2.1 Adopt a resolution entitled: PC RESOLUTION 09- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NOS. PA09-0229 AND PA09-0230, A CONDITIONAL USE PERMIT AND AN ASSOCIATED FINDING OF PUBLIC CONVENIENCE OR NECESSITY TO AUTHORIZE GRANNY'S GRAPES OF THE VINE TO SELL WINE AND BEER FOR ON-SITE CONSUMPTION (TYPE- 42 ABC LICENSE) IN AN EXISTING BUILDING LOCATED AT 28450 FELIX VALDEZ ROAD (APNS 921-280-008 AND 921-280-012) 3 Planning Application Numbers PA09-0040 and PA09-0041, a Tentative Parcel Map and Conditional Use Permit to subdivide a 30 acre site into three parcels and construct a 19- acre waterpark at the northwest corner of Diaz Road and Dendy Parkway. Dana Schuma RECOMMENDATION: 3.1 Adopt a resolution entitled: PC RESOLUTION 09- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA09-0040, A TENTATIVE PARCEL MAP (TPM 36175) TO SUBDIVIDE A 35-ACRE SITE INTO THREE PARCELS; ONE 19.7-ACRE PARCEL, ONE 11.3-ACRE PARCEL, AND A 4.0 ACRE PARCEL (DEDICATED FOR PUBLIC IMPROVEMENTS) LOCATED AT THE NORTHWEST CORNER OF DENDY PARKWAY AND DIAZ ROAD (APN 909-370-002) 3.2 Adopt a resolution entitled: PC RESOLUTION NO. 09- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA09-0041, A CONDITIONAL USE PERMIT WITH A DEVELOPMENT PLAN FOR A WATER PARK CONSISTING OF POOLS, SLIDES, AND OTHER TYPES OF WATER ATTRACTIONS, CONCESSION STANDS, GIFT SHOP, PARTY ROOM, LOCKER ROOMS, RESTROOMS, PICNIC AREAS, SERVICE YARD, AND PARKING LOT LOCATED AT THE NORTHWEST CORNER OF DENDY PARKWAY AND DIAZ ROAD (APN 909-370-002) REPORTS FROM COMMISSIONERS PLANNING DIRECTOR REPORT ADJOURNMENT Next regular meeting: Planning Commission, Wednesday, September 2, 2009, 6:00 PM City Council Chambers, 43200 Business Park Drive, Temecula, California. NOTICE TO THE PUBLIC - The agenda packet (including staff reports) will be available for viewing at City Hall's Planning Department Public Counter located at 43200 Business Park Drive and at the Temecula Library located at 30600 Pauba Road during normal business hours. Additionally, any supplemental material distributed to a majority of the Commissioners regarding any item on the Agenda, after the posting of the Agenda, will be available for public review at the locations indicated above. The packet will be available for viewing the Friday before the Planning Commission meeting after 4:00 p.m. You may also access the packet the Friday before the meeting after 4:00 p.m. on the City's website at www.cityoftemecula.ora. ITEM 1 In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II]. ACTION MINUTES TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE AUGUST 5, 2009 - 6:00 PM Next in Order: Resolution: 2009-15 CALL TO ORDER: Flag Salute: Roll Call: CONSENT CALENDAR 1 Minutes RECOMMENDATION: Commissioner Guerriero Carey, Guerriero, Harter, Kight and Telesio 1.1 Approve the Minutes of July 15, 2009 APPROVED 5-0, MOTION BY COMMISSIONER GUERRIERO, SECOND BY COMMISSIONER CAREY; VOICE VOTE REFLECTED UNANIMOUS APPROVAL COMMISSION BUSINESS Appoint one Planning Commissioner to the Old Town Specific Plan Steering Committee RECOMMENDATION: 2.1 Appoint Planning Commissioner Pat Kight to the Committee APPROVED 5-0, MOTION BY SECOND BY COMMISSIONER HARTER; UNANIMOUS APPROVAL PUBLIC HEARING ITEMS Old Town Specific Plan Steering COMMISSIONER GUERRIERO, VOICE VOTE REFLECTED Planning Application Numbers PA09-0174 and PA09-0195, a Minor Conditional Use Permit Peters APPROVED 5-0, MOTION BY COMMISSIONER GUERRIERO, SECOND BY COMMISSIONER TELESIO; VOICE VOTE REFLECTED UNANIMOUS APPROVAL RECOMMENDATION: 3.1 Adopt a resolution entitled: PC RESOLUTION NO. 09-15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NOS. PA09-0174 AND PA09-0195, A CONDITIONAL USE PERMIT FOR A TYPE-70 ABC LICENSE TO ALLOW COMPLIMENTARY HAPPY HOUR AND ON-SALE CONSUMPTION OF BEER, WINE, AND DISTILLED SPIRITS, WITH AN ASSOCIATED FINDING OF PUBLIC CONVENIENCE OR NECESSITY, FOR SPRINGHILL SUITES HOTEL UNDER CONSTRUCTION AT 28220 JEFFERSON AVENUE, GENERALLY LOCATED NORTH OF RANCHO CALIFORNIA ROAD AND SOUTH OF DEL RIO ROAD (APN 921-060-047) Planning Application Number PA09-0132, a Minor Modification to an existing Minor Conditional Use Permit (PA07-0087) to upgrade a Type 42 License to a Type 57 License to allow for the consumption of beer, wine, and distilled spirits to members and guests on the premises and to allow for the sale of beer and wine to members and guests for consumption off the premises located at 28120 Jefferson Avenue, Eric Jones APPROVED 5-0, MOTION BY COMMISSIONER KIGHT, SECOND BY COMMISSIONER TELESIO; VOICE VOTE REFLECTED UNANIMOUS APPROVAL RECOMMENDATION: 4.1 Adopt a resolution entitled: PC RESOLUTION NO. 09-16 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA09-0132, A MINOR MODIFICATION TO AN EXISTING MINOR CONDITIONAL USE PERMIT (PA07- 0087) TO UPGRADE A TYPE-42 LICENSE TO A TYPE-57 LICENSE TO ALLOW FOR THE CONSUMPTION OF BEER, WINE, AND DISTILLED SPIRITS TO MEMBERS AND GUESTS ON THE PREMISES AND TO ALLOW FOR THE SALE OF BEER AND WINE TO MEMBERS AND GUESTS FOR CONSUMPTION OFF THE PREMISES. LOCATED AT 28120 JEFFERSON AVENUE (APN 921-060-032) Planning Application Numbers. PA09-0170 and PA09-0226, a Minor Conditional Use Permit and Finding of Public Convenience or Necessity for a Type 42 ABC license for The Wine Collective located at 28544 Old Town Front Street, Dana Schuma APPROVED 5-0, MOTION BY COMMISSIONER GUERRIERO, SECOND BY COMMISSIONER CAREY; VOICE VOTE REFLECTED UNANIMOUS APPROVAL RECOMMENDATION: 5.1 Adopt a resolution entitled: PC RESOLUTION NO. 09-17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NOS. PA09-0170 AND PA09-0226, A CONDITIONAL USE PERMIT AND AN ASSOCIATED FINDING OF PUBLIC CONVENIENCE OR NECESSITY TO AUTHORIZE THE WINE COLLECTIVE TO SELL WINE FOR CONSUMPTION ON OR OFF SITE (TYPE-42 ABC LICENSE) IN THE EXISTING BUILDING LOCATED AT 28544 OLD TOWN FRONT STREET (APN 922-033-009) REPORTS FROM COMMISSIONERS PLANNING DIRECTOR REPORT ADJOURNMENT Next regular meeting: Planning Commission, Wednesday, August 19, 2009, 6:00 PM City Council Chambers, 43200 Business Park Drive, Temecula, California. Stanley Harter Chairman Patrick Richardson Director of Planning and Redevelopment 3 ITEM 2 STAFF REPORT-PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: August 19, 2009 PREPARED BY: Dana Schuma, Case Planner APPLICANT NAME: William Cresswell PROJECT Planning Application Numbers PA09-0229 and PA09-0230, a SUMMARY: Conditional Use Permit and an associated Finding of Public Convenience or Necessity to authorize Granny's Grapes of the Vine to sell wine and beer for on-site consumption (Type-42 ABC license) in an existing building located at 28450 Felix Valdez Road CEQA: Categorically Exempt Section 15301, Class 1 Existing Facilities RECOMMENDATION: Approve with Conditions BACKGROUND SUMMARY On June 16, 2009, a Pre-application was submitted for Granny's Grapes of the Vines. A DRC was held with the applicants on July 9, 2009 to discuss the requirements for the proposal. On July 15, 2009, William Cresswell submitted Planning Application No. PA09-0230 requesting that the City of Temecula Planning Commission make a Finding of Public Convenience or Necessity for Granny's Grapes of the Vine, and Planning Application No. PA09-0229, a Conditional Use Permit for a Type-42 ABC license to be issued in the Service Commercial (SC) zoning district addressed as 28450 Felix Valdez Road. The proposed business, Granny's Grapes of the Vine, will occupy a 540-square foot suite at an existing antique and furniture retail store know as Granny's Attic. Proposed hours of operation will be seven days a week from 10 a.m. to 8 p.m. A detailed Statement of Operations and Letter of Justification have been attached. Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. ANALYSIS Per the City's Development Code, wine tasting shops are permitted in the Service Commercial zoning district. However, wine tasting facilities not affiliated with a winery are considered a wine bar and must obtain a Type-42 ABC license. Wine bars operating with a Type-42 ABC license may offer the sale of beer and wine for consumption on or off the premises and are not exclusively limited to wine tasting, but may also sell beer and wine by the glass. Because these facilities are not limited to wine tasting only, they are required to obtain a Conditional Use Permit. The Section 17.10.20B of the Development Code requires that the alcohol selling business be at least 500 feet away from sensitive uses (schools, parks, religious institution); however, this requirement shall not apply when the alcohol-selling business and the church, school or park are both located within commercial or industrial zones. There are not any existing religious facilities, schools, or parks within 500 feet of the proposed location for Granny's Grapes of the Vine. The California Department of Alcohol Beverage Control (ABC) considers the Census Tract in which the project site is located to be "over-concentrated" in Type 42 licenses. For this reason, Public Convenience or Necessity findings are required. In order for the Finding of Public Convenience or Necessity to be made, the proposed use must be compatible with the surrounding land uses and cannot result in an excessive number of similar establishments in close proximity. As provided by the State of California Department of Alcohol and Beverage Control, the Census Tract is considered over-concentrated when there are more than three existing licenses. Currently, there are four Type-42 licenses within the Census Tract. These businesses are dispersed throughout the Census Tract. Currently, the following businesses have a Type-42 license: The Wine and Beer Garden, Stellar Cellar, Temecula Valley Cheese Company, and Zarka Cigar Lounge. Staff has determined that the consumption and sale of wine at this location is a compatible and consistent land use when compared to the other commercial retail type businesses in the surrounding area and the new license for Granny's Grapes of the Vine would not result in an excessive number of similar establishments within the Census Tract. Another license would result in added convenience for patrons within a unique setting while shopping at Granny's Attic for antiques and/or collectables. Granny's Grapes of the Vine will be a wine bar offering wine by the glass and beer upon request. Operations will include wine tastings and packaged food retail. The proposed use does not jeopardize or adversely affect the character of the area and would provide a unique wine bar facility as other such facilities in the area not associated with antique sales. The applicant has proposed to secure the 540-square foot wine bar area within the facility where minors are not permitted to enter. The consumption of wine or beer outside the gated facility will not be permitted. The site layout and parking of the existing building is consistent with the City's Development Code. Access to the site is taken from two separate driveways off Felix Valdez Road. Parking for the site meets the City's Development Code requirements. Vehicular access currently exists throughout the parking lot. The Police Department reviewed the proposal and approves the project subject to conditions prohibiting the sale of alcohol between the hours of 2 a.m. and 6 a.m. (PD-5). LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on August 8, 2009 and mailed to the property owners within the required 600-foot radius. 2 ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (Section 15301, Class 1 Existing Facilities). The request for a Minor Conditional Use Permit and Finding of Public Convenience or Necessity for a Type-42 ABC license at the proposed site will be conducted within an existing building in a developed area of the City. All access and public utilities are available to the site. The proposed use with issuance of a CUP is in conformance with all zoning requirements of the Development Code and the General Plan. FINDINGS Conditional Use Permit (Development Code Section 17.04.010E) The proposed conditional use is consistent with the General Plan and the Development Code The proposed wine bar is a conditionally permitted use in the Service Commercial (SC) zoning district. The proposed use is consistent with the City of Temecula General Plan which specifies that the Service Commercial (SC) designation includes retail, commercial, and service oriented business activities serving the community. The site is properly planned and zoned, and as conditioned, is physically suitable for the type of use proposed. The use, as conditioned, is also consistent with other applicable requirements of State law and local ordinances, including the Department of Alcoholic Beverage Control (ABC), California Environmental Quality Act (CEQA), and fire and building codes. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures. The wine bar is proposed in an existing building within a well developed area. The proposed conditional use will provide additional convenience for the community, and allow the business to be competitive with other establishments in the area. The conditional use has also been reviewed by the City of Temecula Fire, Building and Safety, Public Works and Police Department to ensure the sale of alcohol will operate safely and not affect any adjacent uses, buildings or structures. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood. The site for the conditional use is adequate in size and shape to accommodate the proposed use. All yards, walls, fences, loading facilities, buffer areas, landscaping and other development features described in the City of Temecula Development Code exist and are not affected by the proposed use. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The proposed project is consistent with the requirements outlined in Chapter 17.04.010 and 17.10.208 of the City of Temecula's Development Code. The requirements for the proposed conditional use are intended to protect the health and safety of those in and around the site. The City of Temecula Planning, Fire, Building and Safety, Public Works and Police Departments have reviewed this Conditional Use Permit and determined that it will not be detrimental to the health, safety and welfare of the community as conditioned. In addition, the Riverside County Department of Environmental Health has also reviewed and conditioned the project That the decision to conditionally approve the application for a Conditional Use Permit be based on substantial evidence in view of the record as a whole before the Planning Commission. The decision to conditionally approve the application has been based on substantial evidence in view of the record as a whole. Public Convenience or Necessity (Development Code Section 17.10.020.6.5) Is the proposed use consistent with the General Plan and the Development Code? The proposed wine bar is a conditionally permitted use in the Service Commercial (SC) zoning district. The proposed use is consistent with the City of Temecula General Plan which specifies that the Service Commercial (SC) designation includes retail, commercial, and service oriented business activities serving the community. The site is properly planned and zoned, and as conditioned, is physically suitable for the use type proposed. The use, as conditioned, is also consistent with other applicable requirements of State law and local Ordinances, including the Department of Alcoholic Beverage Control (ABC), California Environmental Quality Act (CEQA), and fire and building codes. Is the proposed use compatible with the nature, condition and character of the adjacent land uses? The wine bar is proposed in an existing retail furniture building within the Service Commercial (SC) zoning district. This building and the surrounding area includes other retail and service commercial oriented businesses. The on-site consumption of wine and beer at this location is compatible with the nature, condition and character of adjacent land uses. Will the proposed use have an adverse affect on adjacent land uses? It is not anticipated that the proposed use will have an adverse affect on adjacent land uses, as all of the adjacent land uses are primarily commercial retail and restaurant type uses, and the proposed project is anticipated to add to the convenience and diversity of uses located within in the area. Would the proposed use result in an excessive number of similar establishments in close proximity? With regard to the over concentration of existing licenses in the Census Tract, three licenses are allowed before Census Tract 0432.15 is considered to be over-concentrated by ABC's standards. The 57 active on-sale licenses are currently dispersed throughout the tract; therefore, the new license in the Census Tract would not result in an excessive number of similar establishments in close proximity, and this is the only establishment of this type within the area. ATTACHMENTS Aerial Map 500-Foot Sensitive Buffer Map Plan Reductions PC Resolution Exhibit A - Draft Conditions of Approval Statement of Operations Statement of Justification Notice of Public Hearing v \ I U, 1 . 1 1 0~ ~ `~.I ~ F,PNG~G rl js I f I \ i I o PA09-0229 / /5o ti 4qr 'co ,GAO \ G \i 0 250 500 1,000 N Feet Sensitive Use 500 Buffer 0 R 1 ~r _ SAM NICKS I IONUMEIV FEL1X VAL:)EZ RD ;r PA09-0229 0 G) RIDGEOP 'Ye AGE ;''S~ ; Highway Religious Facilities ' Parks Schools City Boundary o 250 son Feet Granny Grapes eF ii e V'inf. 165' nPN 4x1' z8C-ab ' ,.pN 5zizse-nz b L3' FELIX VALDEZ ROAD FELIX VALDEZ ROAD qa 2 PC RESOLUTION NO. 09- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NOS. PA09-0229 AND PA09-0230, A CONDITIONAL USE PERMIT AND AN ASSOCIATED FINDING OF PUBLIC CONVENIENCE OR NECESSITY TO AUTHORIZE GRANNY'S GRAPES OF THE VINE TO SELL WINE AND BEER FOR ON-SITE CONSUMPTION (TYPE- 42 ABC LICENSE) IN AN EXISTING BUILDING LOCATED AT 28450 FELIX VALDEZ ROAD (APN 921-280-008 AND 921-280-012) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On July 15, 2009, William Cresswell filed Planning Application No. PA09- 0229, Conditional Use Permit Application, and Planning Application PA09-0230, Finding of Public Convenience or Necessity 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 August 19, 2009, 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. PA09-0229 and PA09-0230 subject to and based upon the findings set forth hereunder. E. 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: Conditional Use Permit (Development Code Section 17.04.010E) A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City; The proposed wine bar is a conditionally permitted use in the Service Commercial (SC) zoning district. The proposed use is consistent with the City of Temecula General Plan which specifies that the Service Commercial (SC) designation includes retail, commercial, and service oriented business activities serving the community. The site is properly planned and zoned, and as conditioned, is physically suitable for the type of use proposed. The use, as conditioned, is also consistent with other applicable requirements of State law and local Ordinances, including the Department of Alcoholic Beverage Control (ABC), California Environmental Quality Act (CEQA), and fire and building codes. B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures; The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures. The wine bar is proposed in an existing building within a well developed area. The proposed conditional use will provide additional convenience for the community, and allow the business to be competitive with other establishments in the area. The conditional use has also been reviewed by the City of Temecula Fire, Building and Safety, Public Works and Police Department to ensure the sale of alcohol will operate safely and not affect any adjacent uses, buildings or structures. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood; The site for the conditional use is adequate in size and shape to accommodate the proposed use. All yards, walls, fences, loading facilities, buffer areas, landscaping and other development features described in the City of Temecula Development Code exist and are not affected by the proposed use. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; The proposed project is consistent with the requirements outlined in Chapter 17.04.010 and 17.10.24B of the City of Temecula's Development Code. The requirements for the proposed conditional use are intended to protect the health and safety of those in and around the site. The City of Temecula Planning, Fire, Building and Safety, Public Works and Police Departments have reviewed this Conditional Use Permit and determined that it will not be detrimental to the health, safety and welfare of the community as conditioned. In addition, the Riverside County Department of Environmental Health has also reviewed and conditioned the project. E. That the decision to conditionally approve the application for a Conditional Use Permit be based on substantial evidence in view of the record as a whole before the Planning Commission; The decision to conditionally approve the application has been based on substantial evidence in view of the record as a whole. Findings of Public Convenience or Necessity {Development Code Section 17.10.020.B.5) F. Is the proposed use consistent with the General Plan and the Development Code; The proposed wine bar is a conditionally permitted use in the Service Commercial (SC) zoning district. The proposed use is consistent with the City of Temecula General Plan which specifies that the Service Commercial (SC) designation includes retail, commercial, and service oriented business activities serving the community. The site is properly planned and zoned, and as conditioned, is physically suitable for the use type proposed. The use, as conditioned, is also consistent with other applicable requirements of State law and local ordinances, including the Department of Alcoholic Beverage Control (ABC), California Environmental Quality Act (CEQA), and fire and building codes. G. Is the proposed use compatible with the nature, condition and character of the adjacent land uses; The wine bar is proposed in an existing retail furniture building within the Service Commercial (SC) zoning district. This building and the surrounding area includes other retail and service commercial oriented businesses. The on-site consumption of wine and beer at this location is compatible with the nature, condition and character of adjacent land uses. H. Will the proposed use have an adverse affect on adjacent land uses; It is not anticipated that the proposed use will have an adverse affect on adjacent land uses, as all of the adjacent land uses are primarily commercial retail and restaurant type uses, and the proposed project is anticipated to add to the convenience and diversity of uses located within in the area. 1. Would the proposed use result in an excessive number of similar establishments in close proximity; With regard to the over concentration of existing licenses in the Census Tract, three licenses are allowed before Census Tract 0432.15 is considered to be over-concentrated by ABC's standards. The 57 active on-sale licenses are currently dispersed throughout the tract, therefore, the new license in the Census Tract would not result in an excessive number of similar establishments in close proximity and this is the only establishment of this type within the surrounding area. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Conditional Use Permit Application: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (Section 15301, Class 1 Existing Facilities); 1. The request for a Minor Conditional Use Permit and Finding of Public Convenience or Necessity for a Type-42 ABC license at the proposed site will be conducted within an existing building in a developed area of the City. All access and public utilities are available to the site. The proposed use with issuance of a CUP is in conformance with all zoning requirements of the Development Code and the General Plan. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application Nos. PA09-0229 and PA09-0230, a Conditional Use Permit and an associated Finding of Public Convenience or Necessity for Granny's Grapes of the Vine to operate a wine bar with a Type-42 ABC license, located at 28450 Felix Valdez Road, 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 19th day of August 2009. Stanley Harter, Chairman ATTEST: Patrick Richardson, Secretary [SEAL] STATE OF CALIFORNIA } COUNTY OF RIVERSIDE }ss CITY OF TEMECULA } I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 09- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 19th day of August 2009, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Patrick Richardson, Secretary EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA09-0229 and PA09-0230 Project Description: A Conditional Use Permit and an associated Finding of Public Convenience or Necessity to authorize Granny's Grapes of the Vine to sell wine and beer for on-site consumption (Type-42 ABC license) in an existing building located at 28450 Felix Valdez Road Assessor's Parcel No. MSHCP Category: DIF Category: TUMF Category: Approval Date: Expiration Date: PLANNING DEPARTMENT 921-280-008 and 921-280-012 N/A N/A N/A August 19, 2009 August 19, 2011 Within 48 Hours of the Approval of This Project PL-1. The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty-Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15062. 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)). General Requirements PL-2. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. PL-3. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL-4. 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. PL-5. The Planning Director 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. PL-6. A separate building permit shall be required for all signage. PL-7. 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 staff's 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. PL-8. The applicant shall comply with their Statement of Operations dated July 15, 2009, on file with the Planning Department, unless superseded bythese Conditions of Approval. PL-9. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. PL-10. The City, its Planning Director, Planning Commission, and City Council retain and reserve the right and jurisdiction to review and modify this Conditional Use Permit (including the Conditions of Approval) based on changed circumstances. Changed circumstances include, but are not limited to, the modification of business, a change in scope, emphasis, size of nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Planning Director, Planning Commission and City Council is in addition to, and not in- lieu of, the right of the City, its Planning Director, Planning Commission, and City Council to review, revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon. PL-11. Prior to an employee selling alcohol from this facility, 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. PL-12. 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 the building. Information to assist in the compilation of this sign may be obtained through the Temecula Valley Chamber of Commerce (951-676-5090). PL-13. No minors are permitted to be within the secure wine and beer sales area. PL-14. Alcohol shall not be consumed outside the secure wine and beer sales area. PL-15. No live entertainment is permitted with this approval. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit PL-16. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. COMMUNITY SERVICES DEPARTMENT General Conditions/Information CS-1. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul demolition and construction debris. Prior to Issuance of Building Permits CS-2. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. POLICE DEPARTMENT General Requirements PD-1. Applicant has applied for a Type 42 License (On-Sale Beer & Wine - Bar, Tavern). A Type 42 license authorizes the sale of beer and wine for consumption on or off the premises where sold. Food Service is not required. Minors are not allowed to enter and remain. Applicant has also applied for a Type 20 license (Off Sale Beer & Wine - package store). A type 20 license authorizes the sale of beer and wine for consumption off the licensed premises. PD-2. Applicant will comply with Temecula Municipal Code section 9.14.010, Consumption of Alcoholic Beverages in Public Prohibited. PD-3. Identification will be verified utilizing one of the following: (a) valid California driver's license; (b) valid California identification card; (c) valid military identification card (active/reserve/retired/dependent); (d) valid driver's license from any of the 50 States or Territories of the United States; (e) valid U.S. Passport; (f) valid government issued identification card issued by a Federal, State, and County or City agency. PD-4. As noted above, onlya valid government issued identification card issued bya Federal, State, County or City agency is acceptable, providing it complies with Section 25660 of the Business and Profession Code (B&P), which includes the following requirements: (a) name of person; (b) date of birth; (c) physical description; (d) photograph; (e) currently valid (not expired). PD-5. Licensees may not sell, give, or deliver alcohol (by the drink or bythe package) between 2:00 a.m. and 6:00 a.m. of the same day. No person may knowingly purchase alcohol between 2:00 a.m. and 6:00 a.m. (Section 25631 B&P Code). Licensees may not permit patrons or employees to consume alcohol between 2:00 a.m. and 6:00 a.m. of the same day (even if someone bought the drinks before 2:00 a.m. Section 25632 B&P). Some ABC licenses have special conditions (restrictions) as to hours of sale that are stricter that the law. Those licenses are marked "Conditional" (23805 B&P). PD-6. Police officers, sheriff's deputies and ABC investigators are sworn law enforcement officers (peace officers) with powers of arrest. Whether in plainclothes or uniform, peace officers have the legal right to visit and inspect any licensed premises at anytime during business hours without a search warrant or probable cause. This includes inspecting the bar and back bar, store room, office, closed or locked cabinets, safes, kitchen, or any other area within the licensed premises. It is legal and reasonable for licensees to exclude the public from some areas of the premises. However, licensees cannot and must not deny entry to, resist, delay, obstruct, or assault a peace officer (Sections 25616, 25753, and 25755 B&P; 148 and 241 (b) PC). PD-7. Applicant will ensure all employees involved with the sales, service and identification checks for the purpose of any sales of alcoholic beverages is trained in the proper procedures and identification checks. The Temecula Police Department provides free additional training for all employers and employees involved in the service and sales of alcoholic beverages. It is the responsibility of the applicant to set up a training session for all new employees. Contact the Crime Prevention and Plans Officer at (951) 695- 2773 to set up a training date. Training must be completed prior to the grand opening of this business and periodic updated training when new employees I management are hired. PD-8. Any public telephones located on the exterior of the building 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 building. PD-9. The beer and wine sales area of the business shall be adequately illuminated to prevent dark areas. PD-10. The beer and wine sales area must be monitored at all times by a properly trained employee to prevent the consumption of alcohol by minors. PD-11. When the main business is accessible to the public but the beer and wine sales area is closed, the beer and wine sales area must be secured to prevent theft of alcohol. r. Statement of Operations Granny's Grapes of the Vine 1. Hours and days of Operation. The hours and days of operation for the proposed project will be Sunday through Saturday from 10:00 a.m. to 8:00 p.m. 2. Number of Employees. There will be between one and three (1-3) employees on-site at all times. 3. Amount of Required Parking. The amount of required parking for the proposed use has been included in the overall parking for the entire site and based upon the square footage of gross leasable floor area. Based on the proposed use 1.8 parking spaces would be required under the current Development Code. According to the Temecula Development Code, the following parking is required and provided for the entire Granny's Attic Center: Total required: One hundred (100) spaces Total provided: Fifty-nine (59) spaces plus off-site parking It should be noted that this is an older building and parking was provided with the original approval which met the parking requirements at the time of that approval. There have been no conflicts to date with parking on-site based on the current uses and configuration of the site. 4. Amount of Average Daily Trips Generated. Granny's Grapes on the Vine will not generate significant amounts of daily trips to the site. There are already existing trips to the Granny's Attic Center and due to the size of the proposed use, any increase in daily trips will be considered small and incremental. 5. Type of Equipment or Process Used. The type of equipment or process used can be anticipated to be similar to those associated with other wine tasting facilities. No major equipment will be utilized nor will there be any special processes employed by the proposed project. 6. Use of Hazardous Materials. No hazardous materials are anticipated with the proposed project. 7. Other Descriptions That Effectively Describe the Proposed Use. The project consists of 540 square feet of space inside of the Granny's Attic Center adjacent to Felix Valdez Road. Granny's Grapes of the Vine will offer wine tasting and antiques. ,V 8. Security Plan. The entrance to Suite No. 98 (Granny's Grapes of the Vine) inside the Granny's Attic Center will be gated per the requirements of the California Department of Alcohol Beverage Control. Wrought iron gates will be installed to clearly demarcate service area and prohibit the entry of minors into the wine tasting area. 9. Approximate percentage of store products devoted to alcohol. The proposed project will devote about thirty percent (30%) of its products to alcohol service and sales. Letter of Justification - Granny's Grapes of the Vine Public Convenience or Necessity The following is a Letter of Justification (Justification) which outlines the request by Granny's Grapes of the Vine for approval of findings for public convenience or necessity. This Justification describes how Granny's Grapes of the Vine and its associated sale of alcoholic beverages promotes and satisfies the goals and policies of the City of Temecula General Plan and Development Code. The following questions have been answered to support this Justification. Does the proposed establishment have any unique features, which are not found in other similar uses in the community (i.e., types of games, types of food, and other special services)? Response: No. The proposed establishment does not have any unique features, which are not found in other similar uses in the community (i.e., types of games, types of food, and other special services). The Type 42 liquor license requested (on- and off-sale, beer and wine only) and the retail nature of this business is similar to other facilities of this type. However, it should be noted that this is the only establishment of its type in its immediate area. 2. Does the proposed establishment cater to an under-served population (i.e., patrons of a different socio-economic class)? Response: No. Granny's Grapes of the Vine does not cater to an under-served population (i.e., patrons of a different socio-economic class). 3. Would the proposed mode of operation of the proposed establishment (i.e., sales in conjunction with gasoline sales, tours, etc.) be unique or differ from that of other establishments in the area? Response: Yes. The proposed mode of operation of Granny's Grapes of the Vine will be unique or differ from that of other similar types of establishments in the area in that the store is located inside the Antiques Mall and antiques will be available for purchase in the store itself as well. Granny's Grapes of the Vine will be a complimentary use in this setting. 4. Are there any geographical boundaries (i.e., rivers, hillsides) or traffic barriers (i.e., freeways, major roads, major intersections) separating the proposed establishment from other establishments? Response: Yes. Murrieta Creek is located immediately behind the Granny's Attic Center to the east and acts as a geographical boundary separating the proposed establishment from other establishments which are located on retail/commercial corridors like Old Town Front Street and Jefferson Avenue. Interstate 15 (1-15) is also located further to the east and it serves as a boundary from other establishments as well. There are no other alcohol sales facilities within the Granny's Attic Center, or within the immediate surroundings. 5. Is the proposed establishment located in an area where there is a significant influx of population during certain seasonal periods? Response: No. Granny's Grapes of the Vine is not located in an area where there is a significant influx of population during certain seasonal periods. This area is considered an extension of the tourist area located within Old Town Temecula which has seasonal events (i.e., Rod Run, Bluegrass Festival, Jazz Festival, etc.); however, it is not located in the core area where these events occur. 6. Is there a proliferation of licensed establishments within the Census Tract of the proposed establishment? Response: Yes. According to the Alcoholic Beverage Control (ABC), there is a proliferation of licensed establishments within the Census Tract that Granny's Grapes of the Vine is located within. This has necessitated the application for a finding of Public Convenience or Necessity (PCN) by the City of Temecula. The ABC can issue the liquor license pending City approval of the Minor Conditional Use Permit (MCUP) and PCN by the City of Temecula Planning Commission. 7. Are there any sensitive uses (i.e., schools, parks, hospitals, churches) in close proximity (500 feet) to the proposed establishment? Response: No. There are no sensitive uses within 500 of Granny's Grapes of the Vine. 8. Would the proposed establishment interfere with these sensitive uses? Response: No. Please see Response No. 7, above. 9. Would the proposed establishment interfere with the quiet enjoyment of their property by the residents of the area? Response: No. It is not anticipated that Granny's Grapes of the Vine will interfere with the quiet enjoyment of property by residents of the area. Residences are located to the south of the site, along Felix Valdez Road. However, the proposed use will be located indoors and will not result in any increases in noise that could interfere with the quiet enjoyment of their property by residents in the area. 10. Will the proposed establishment add to law enforcement problems in the area? Response: No. It is not anticipated that Granny's Grapes of the Vine will result in an addition to law enforcement problems in the area. Due to the limited scale and nature of the use, any addition to law enforcement problems in the area will be considered miniscule. Granny's Grapes of the Vine will have a zero-tolerance policy for alcohol violations. Notice of Public Hearing 1989 A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: Case No: PA09-0229 and PA09-0230 Applicant: William Cresswell Proposal: A Conditional Use Permit and an associated Finding of Public Convenience or Necessity to authorize Granny's Grapes of the Vine to sell wine and beer for on- site consumption (Type-42 ABC license) in the existing building located at 28450 Felix Valdez Road Environmental: In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further environmental review and a Notice of Exemption will be issued in compliance with CEQA (Section 15301, Class 1, Existing Facilities) Case Planner: Dana Schuma, (951) 693-3928 Place of Hearing: City of Temecula, Council Chambers Date of Hearing: August 19, 2009 Time of Hearing: 6:00 p.m. ti \ / -~ER~E~,'cS ST PAOSO-0229 I I _ I - I z II , ' I g ICI II 3 ~ I I T `GJ GC J r-S 0 -Ho qlr c N t ' Any person may submit written comments to the Planning Commission before the hearing or may appear and be heard in support of or opposition to the approval of the project at the time of the hearing. Any petition for judicial review of a decision of the Planning Commission is controlled by the statute of limitations provisions set forth in Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the Planning Commission, shall be limited to those issues raised at the hearing as provided in Chapter 2.36 of the Temecula Municipal Code. Copies of the procedures for the conduct of City Council, Planning Commission, and Planning Director public hearings are available from the City Clerk. If you wish to challenge the above [project] in court, the challenge will be limited to only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice, and must be commenced within the time limit specified in Section 1094.5 and Section 1094.6 of the California Code of Civil Procedure. The proposed project application may be viewed at the City of Temecula Planning Department, 43200 Business Park Drive, Monday through Friday from 8:00 a.m. to 5:00 p.m. Questions concerning the project may be addressed to the case planner at (951) 693-3928. CAProgram Files\Neevia.ComlDocument Convert erltemp1937660.doc ITEM 3 STAFF REPORT-PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: August 19, 2009 PREPARED BY: Dana Schuma, Case Planner PROJECT Planning Application Numbers PA09-0040 and PA09-0041, a SUMMARY: Tentative Parcel Map (TPM 36175) to subdivide a 35-acre site into three parcels; one 19.7 acre parcel, one 11.3 acre parcel, and a 4.0 acre parcel to be dedicated for public improvements, and a Conditional Use Permit to develop a community water park consisting of pools, slides, and other types of water attractions, concession stands, gift shop, party room, locker rooms, restrooms, picnic areas, service yard, and parking lot, located at the northwest corner of Dendy Parkway and Diaz Road. RECOMMENDATION: Approve with Conditions CEQA: Mitigated Negative Declaration wl Monitoring Plan PROJECT DATA SUMMARY Name of Applicant: Clearwater Development General Plan Public Institutional Facilities (PI) Designation: Zoning Designation: Planned Development Overlay District-10 (PDO-10) Existing Conditions/ Land Use: Site: Vacant North: City of Murrieta and an existing sports park South: Existing industrial development East: Vacant land and Murrieta Creek Channel West: Vacant land and PHS Industrial Development Existing/Proposed Min/Max Allowable or Required Lot Area: 35 acres existing/three Minimum 7,000 square foot lot size (3) parcels proposed allowed Total Floor Area/Ratio: 0.13 FAR proposed Maximum 2.0 FAR allowed Landscape Area/Coverage: 267,050 square foot 25% minimum landscape (31 proposed coverage required Parking Required/Provided: 455 spaces proposed 448 spaces required BACKGROUND SUMMARY On October 13, 2008, the applicant filed a pre-application for initial review of the proposed project at the corner of Dendy Parkway and Diaz Road. Staff met with the applicants several times in the following months to discuss feasible site design, circulation, and improvements. The applicants resubmitted the pre-application on November 20, 2009. The revised plans removed water park access off of Cherry Street and placed the primary ingress and egress off of Dendy Parkway. Applications for a Tentative Parcel Map (TPM 36175) and Conditional Use Permit with a Development Plan were submitted on February 5, 2009. A DRC meeting was held on March 5, 2009, to discuss site design, landscaping, architecture, access points, right-of-way easements, and other departmental issues. The applicant submitted a revised Tentative Parcel Map on April 1, 2009 and a revised site plan for the Conditional Use Permit on June 4, 2009. As staff continued to work with the applicant during the 10 month period between October 2008 and July 2009, several status letters were sent documenting the unresolved project issues. Additionally, weekly conference calls were held with representatives of Clearwater Development during the 10 month processing time to discuss concerns over the environmental impacts and Tentative Map issues, including the Diaz Road right-of-way improvements, access points, fault zones, and grading and surcharging of the site. The applicant submitted additional revised plans on July 16, 2009, and the plans addressed Planning staff recommendations. A final traffic impact analysis report was submitted on June 30, 2009, which enabled staff to move forward with the initial study for the project. Staff prepared and noticed the Mitigated Negative Declaration for public comment on July 28, 2009. Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. ANALYSIS Tentative Parcel Map The project proposes to subdivide 35 acres into three lots, two developable parcels and one parcel to be dedicated for public improvements. The property is zoned Planned Development Overlay District-10 (PDO-10). The development standards for PDO-10, found in Section 17.22.218 of the Development Code, require that lots within this zone have a minimum lot size of 7,000 square feet. All parcels meet the minimum lot size requirements. The average lot size will be approximately 12 acres (522,720 square feet). Parcel 1 will be 19.7 gross acres, Parcel 2 will be 11.3 gross acres, and Parcel 3 will be 4 acres. A Conditional Use Permit with a Development Plan (PA09-0041) proposes a community water park facility on Parcel 1 of TPM 36175. There is no current proposal to develop Parcel 2, and Parcel 3 will consist of future right-of-way improvements to Diaz Road and a drainage easement in favor of the City of Temecula. Conditional Use Permit According to Section 17.22.210 of the Development Code, "Sports and Recreational Facilities" are a conditionally permitted use in the PDO-10 zone. Staff has reviewed the application and determined that the findings for approval can be made. The proposed water park is consistent with surrounding uses, and the structures will not adversely impact existing buildings or uses because recreational uses already exist in the area and do not conflict with the surrounding industrial development. The applicant provided a "Statement of Operations" (attached) for staff's review in determining the appropriateness of the proposed use. The water park will operate approximately four months of the calendar year, seven days a week, from Memorial Day to Labor Day, 10:00 a.m. to 8:00 p.m. Depending on the weather, the park may also be open a couple of weekends before Memorial Day and after Labor Day. The water park will retain a full time staff of 15 employees and 300 seasonal employees. The seasonal employees will primarily be youth recruited from within the local community. Staff identified no major concerns in reviewing the proposed conditional use. The use will not jeopardize or adversely affect the character of the area and is consistent with the General Plan, as well as with the zoning designations of the Development Code. Site Plan The proposed water park development on Parcel 1 will consist of 29,580 square feet of building area and 80,394 square feet of water feature area, including a wave pool, a lazy river, several water attractions, slides, and a splash and spray zone. In addition, the site will provide ancillary food service buildings and vending carts along with shade structures, picnic areas, lockers and changing rooms, and two separate areas for restrooms. The maximum building height allowed in the Temecula Education Center Planned Development Overlay (PDO-10) zone for retail uses is 40 feet. All buildings, mechanical enclosures, and water attractions meet the 40 foot maximum height requirement. The tallest structure proposed on site is the entry feature at a height of 38 feet, 2 inches. This project has been conditioned that water attractions shall not exceed the maximum building height of 40 feet. The proposed project also meets the minimum setback standards for the zone. The front yard building setback (facing Dendy Parkway) will vary from 40 feet to 50 feet. The maximum wall height permitted in the PDO-10 zone is 8 feet. The water park feature area of the site will be enclosed by a seven foot tall perimeter wall with portions being tubular steel. Landscape buffer areas are proposed along the entire site perimeter and vary from 8 feet on the west side of the site to 50 feet on the east side of the site. 3 The target FAR is 2.0 and the project proposes a floor area ratio (FAR) of 0.13 percent including the 80,394 square foot water feature area. As designed, the project conforms to all the development regulations listed in the City's Development Code, including building setbacks and lot coverage. Architecture The water park is a unique facility targeted for community entertainment. The project proposes "Ranch/Western" style architecture and is consistent with City-Wide Design Guidelines. The Design Guidelines state that "main entries accessible to the public should be pronounced and easily recognizable." The water park proposes a 38-foot tall steel framed shade structure with open web steel trusses to enhance the main entry to the park. Associated buildings (such as the administrative offices, party barn, etc.) consist of vertical wood and hardie-plank siding. Details such as a clock element, porch overhangs, decorative vents, and variation of window placement and size create architectural interest on the buildings. The buildings also contain various roof heights and pitches which provide for interest and lessen the building mass. Dormers are also added to create additional interest. The various roofs are constructed of standing seam metal, corrugated galvanized sheet metal, and asphalt shingle roofing. Some portions of the buildings (including roofs) and the slides will be painted in colors of red, yellow, blue, and green to generate excitement and energy. Landscaping The project proposes to landscape 267,050 square feet or 31 percent of the site, which exceeds the minimum landscaping requirement of 25 percent for the PDO-10 zone. A landscape buffer ranging between 20 and 30 feet has been provided along Dendy Parkway to soften and screen the water park use from the adjacent businesses. The water park landscape plan conforms to the landscape requirements of the Development Code and Design Guidelines. Tree and shrub placement will serve to screen onsite parking, trash enclosure areas, and effectively soften buildings, water attractions, and perimeter walls and fencing. The project proposes 30 different types of trees in various sizes ranging from 15 gallon to 36-inch size box trees. Access/Circulation Primary access to the site will be from Dendy Parkway. Ingress and egress access to the park will be provided via two access points off of Dendy Parkway. The western access point off of Dendy will provide entry to the park and the eastern access point off of Dendy will be for exiting the park. The proposed project will have three entrance lanes including a bus lane. The parking lot and access points are designed to provide for adequate circulation of vehicles coming and leaving the park as well as provide for a quick admissions process. In compliance with safety requirements for two points of access, one emergency only access point will be provided off of Cherry Avenue. The Fire Department has reviewed the site plan and determined that there is proper access and circulation to provide emergency service vehicles to the site. The Public Works Department has reviewed the site plan and has determined that the project, as conditioned, provides adequate access points and right-of-way dedications. In addition, staff has analyzed the potential traffic impacts of the project provided in the Traffic Impact Analysis Report prepared by DKS Associates dated June 30, 2009, and has determined that with implementation of the required 4 improvements and fees as part of the Conditions of Approval the projected traffic volumes from the project will be less than significant. The City of Temecula requires parking be provided at a ratio of one space per 1,000 square feet of recreation area. The park will accommodate 455 vehicles including nine handicapped parking spaces and five bus spaces, which is in compliance with the City's parking standards. Parking attendants will be located onsite to accept payment and direct park attendees entering and leaving the site at all times during business hours. It is anticipated that that average daily attendance will be 2,000 people. Based on previous water park experience, the applicant estimates that 50% of the attendance (approximately 185 vehicles) will arrive at the park between the hours of 9:30 a.m. and 12:00 p.m. Eighty-five percent of the daily attendance (approximately 130 cars) will arrive before 3:30 p.m. The remaining 15% (approximately 55 vehicles) will arrive between 3:30 p.m. and 8:00 p.m. According to the Traffic Analysis, most trips generated by the operation of the water park will be during off-peak hours. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on August 8, 2009, and mailed to the property owners within the required 1200-foot radius. ENVIRONMENTAL DETERMINATION Staff has reviewed the project in accordance with the California Environmental Quality Act (CEQA) and based on an initial study, it has been determined that the project will not have a significant impact on the environment; therefore, a Mitigated Negative Declaration has been prepared for the project. Pursuant to the California Environmental Quality Act ("CEQA"), City staff prepared an Initial Study to determine potential environmental effects of the approval of the Tentative Parcel Map (TPM 36175) and Conditional Use Permit as described in the Initial Study. Based upon the findings contained in the Initial Study, City staff determined that there was no substantial evidence that the project would have a significant effect on the environment and a Mitigated Negative Declaration was prepared. 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 July 28, 2009, and expired on August 16, 2009. 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. No written comments in response to the circulated Mitigated Negative Declaration were received prior to the public hearing. FINDINGS Tentative Parcel Map, Subdivision Ordinance Section 16.09.140 The proposed subdivision and the design and improvements of the subdivision are consistent with the Development Code, General Plan, and the City of Temecula Municipal Code. Tentative Parcel Map No. 36175 is consistent with the General Plan, the Subdivision Ordinance, the Development Code, and Municipal Code because the project has been processed and designed in a manner that is consistent with the policies and standards contained in those documents. The Tentative Map does not propose to divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965, or the land is subject to a Land Conservation Act contract but the resulting parcels following division of the land will not be too small to sustain agricultural use. The subject parcels do not propose to divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965. The subject property has not been designated for conservation or agricultural land, and is not subject to the California Land Conservation Act of 1965. The site is physically suitable for the type and proposed density of development proposed by the Tentative Map. The site is physically suitable for the proposed water park development because the proposed Tentative Parcel Map (TPM 36175) meets the minimum lot size requirements contained within the PDO-10 zoning district, and is consistent with all the density requirements of the City of Temecula Subdivision Ordinance. The proposed water park use on Parcel 1 of TPM 36175 is consistent with the land use requirements of the General Plan and the development standards of the Development Code and PDO-10. The design of the subdivision and the proposed improvements, with Conditions of Approval are not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The proposed project site is highly disturbed from grading and surcharging of the site. All potential impacts from the subdivision and proposed improvements, including the water park development, were found to be less than significant based on the initial environmental study. The proposed project, as conditioned, will not cause significant environmental damage or substantially and avoidably injure fish or wildlife in their habitat. The design of the subdivision and the type of improvements are not likely to cause serious public health problems. The project, as conditioned by the Fire Prevention Bureau and the Public Works Department, will comply with the applicable improvement requirements. All required improvements, including right-of-ways, drainage and utility improvements, are designed to prevent public health problems. Furthermore, provisions are made in the General Plan and the Development Code to ensure that the public health, safety and welfare are safeguarded. The project is consistent with these documents. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible. Prior to issuance of any building permits for the subject parcels, and prior to any construction, the applicant will be required to submit building plans to the City of Temecula Building Department. These plans will be required to comply with all applicable Uniform Building Codes, which also include requirements for energy conservation. Therefore, the design of the subdivision provides opportunity for passive or natural heating and cooling for future projects, including the water park. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision, or the design of the alternate easements which are substantially equivalent to those previously acquired by the public will be provided. The required right-of-way easements, including Diaz Road and Cherry Street alignments, are included on the Tentative Parcel Map (TPM 36175). The type of improvements required will not conflict with any easements acquired by the public at large for access through, or for use of any property within the proposed subdivision. The subdivision is consistent with the City's parkland dedications requirements (Quimby). The subdivision is consistent with the dedication requirement. Conditional Use Permit. Development Code Section 17.04.010E The proposed Conditional Use Permit is consistent with the General Plan and the Development Code. The Public Institutional Facilities (PI) land use designation for the project site provides for a wide range of public and private uses to service the community. Based on the standards contained in the City's General Plan, Development Code, and PDO-10, sports and recreation facilities are permitted with the approval of a Conditional Use Permit. The site is properly planned and zoned, and as conditioned, is physically suitable for the proposed water park. The project, as conditioned, is also consistent with other applicable requirements of State law and local Ordinances, including the California Environmental Quality Act (CEQA), and all applicable fire and building codes. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. The proposed water park is consistent with the surrounding uses and structures and will not adversely impact existing development because recreational uses already exist in the immediate area and do not conflict with surrounding industrial development. Directly north of the proposed project site is a sports park facility with soccer fields. To the east and south of the project site is Murrieta Creek Channel, including a public recreation trail that runs along Diaz Road within the Business Park area. The General Plan land use designation for the proposed site allows for a range of uses that benefit the community as a whole. In addition, the water park will only be open approximately four months of the calendar year, which will greatly reduce any impacts on businesses in the immediate area resulting from development of the project site. With existing recreational uses already existing in the area and the short term operation season, the water park will not adversely affect adjacent uses or structures. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in this Development Code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood. The project proposes a water park on a 19.7 acre site. The water park feature area and associated parking lot is approximately 17 acres. The proposed project meets all Development Code regulations in regards to floor area ratio, lot coverage, setbacks, height regulations, and parking requirements therefore the site is adequate in size and shape to accommodate the required water park development features. Over thirty percent (3096) of the site will be landscaped, and an approximate 25 foot landscaped setback and buffer area as been provided along Dendy Parkway to soften, screen, and integrate the use. The nature of the proposed conditional use is not detrimental to the health, safety, and general welfare of the community. The project is in compliance with the Development Code, Universal Building Code (UBC), and Fire Prevention Code requirements. The proposed water park is not detrimental to the heath, safety, or general welfare of the community. In addition, Fire Prevention has reviewed the circulation and drive aisle widths and has determined that the site will be adequately served by the Fire Department in an emergency situation. That the decision to conditionally approve the application for a Conditional Use Permit be based on substantial evidence in view of the record as a whole before the Planning Commission. The decision to conditionally approve the application has been based on substantial evidence in view of the record as a whole. Development Plan. Development Code Section 17.05.01 OF 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 processed and designed in a manner that it is consistent with the applicable policies and standards for development within the Public Institutional Facilities (PI) land use designation and Temecula Education Center Planned Development Overlay (PDO-10) zoning district. The proposed water park is conditionally permitted in the PDO-10 zone. The site is properly planned and zoned, and as conditioned, is physically suitable for the proposed water park. The project, as conditioned, is also consistent with other applicable requirements of State law and local ordinances, including the California Environmental Quality Act (CEQA), the City Wide Design Guidelines, and fire and building codes. 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, circulation, structure height, setbacks, parking, and other associated site improvements are intended to protect the health and safety of those working and visiting in and around the water park facility. The project is consistent with all applicable policies, guidelines, standards and regulations intended to ensure that the water park development will be constructed, and function in a manner consistent with the public health, safety, and welfare. ATTACHMENTS Vicinity Map Plan Reductions Resolution - Tentative Parcel Map Exhibit A - Draft Conditions of Approval Resolution - Conditional Use Permit Exhibit A - Draft Conditions of Approval Initial Study and Mitigation Monitoring Plan Public Correspondence Statement of Operations Statement of Justification Notice of Public Hearing t 1 O cue / ~~~,o PA09-0041 9 A G , i~ ~ i /e 1 ~ 1g0M ti- "b ` Jam' \ ~ ~m roe ~~o~'~`\ o% ; ~ a 0 250 500 1,000 1,500 2006 N Feet cvrtxa ariAm~'rwr gewamrow~r izos R u P49 6 5~ ( uIXS t05 a\ AC) RJTAL a do or µe' ~.I M, 1 ~w o. ~+w ma ~9, a ' . ~ raroraAPHran:Arre rrn»AVHYNOw AasFastiwsvAF.~ N.z 1O~'"" . a ca✓re[a~oWW~p L ~ me %EACREA(F ' rvss w.amv r¢w. I/MMW3 9KlSMAP fF~4lE 5 x ~ sx r. a ~ %e WA19i IN/N./IYMHW(LIET'T9' , l.N ~`n m wau xrm Zavu aoLAha~ ` ~ V ~ usr ZQ j -WA WA Lr~~ IN THE CITY OF TEMECULA, RIFFS/OE COUNrv, STATE OF C LIPOFNA TEIVA T/VE PARCEL MAP NO. 36175 PA 09-0040 .1 z.. SAAB. SP,sF. SOH & ASSOCMA , /NC. JULY 2009 f f'M" .SR'd9C fYdVC£SGYAIRM.' v°~r F / r P W J w a r s'u .wx ~I . CCVAK4FT A IXSI)YC) C£O'cG(. CQKYI.g1b' - R . 5mK w J ~ asrarc's.wuex .wravuua< can a° artv a w SbKKYC6/RC fblf4Rall'ZCNE0.59.YIA>KW TYRNC.~CACII rmar a< cm m arw[m TIIMAL SCI.UY anrcum, ovnw ~ ' nxv uu eu°"Mexlr 1>~~ 1 LBAYPAMY/AY LUZHOAO AREA DATA WFF 1-1 uca > .>z { uv[ ~ wa ann L/NEDATA DUR✓EDATA I-) ssrzu, xm,uo ssnwem z ,sez u' .a ~rv es waawa~ sr~ac~s.rv.'~w~ cu aw.osEZ rccwo:o m~ t =1 W~ ,m sgTirrl ;;ill :VI, I I . T zJS^h ~A,,~p r t V U ~ } R I\1~i? n a ~ 5 T~/l (ih ,I ~dxkillFflh,~ \ `~Jt~l ,y fit y It; aa~oancvnsnecnnav,wms `4.} t~+~ls ~ 7 ~ ~ 8\ _ Oxw 13} x Y~ l ~i Y90 anon 1 ~ K._S . y\ i vw yy Ar' „ O~ xravxoorw>F .e. x.. SDH&AMOCImhm C/ry OF MURK/ET9 I 7 I y- ~ L APN 909 1l0 O09 rt~~L e ~ ~ - ~1 ~ ~ J rl !'i~+F.a. ~^°.e+L+-^uu¢~~4 ~P.. .t R^0 -y ~~6hr I t i I ~ I e ~ I yy 1 ~ y~ I / 1L ~ i I iI f If ~ y t s Y \ t"^~ t( ,A t. e i o 0 N i q i- 9.. 's IJINIA I"; ILT m7ARAW t _ I tl I I AM1IFSkY [Y✓ 1..I [ fHKOFNM COND177ONAL USEPERM/T-SITE PLAN SPLASH CANYON WATER PARK rm a dfll~eT td's' d•9~ .T °Lrini m ra ~ M ,v y Po xOrr / r / / Y -TTJ Min c • ~ k M~ l ' I m. m ~r ~ ' ~ I ~ 0 9 w ,rvv ~ n W I I ' .e.,, reswere~' ..e..~ ~ . ~ ~ \ a a 3~I k as i I ~ 'w ~ M1 M mew \ e • p ~ MQ ~ SDH / •T~w w~4ramv -a :O •r~ = 1 ,e 0 m 0 m 0 ® m r~ 1 ® ~M UCOnm ronrawn'wm t _ w a --wag -2w rrw 7 ¢DENDYPARKWAY- IWIMPAW PA09~ t _ ~ EO~VIIdNttrAYf:. ev 9/)EPLW. i. c or oiaec~oRV: r." .ARI i'A.A . J LANDSCAPE MASTER PLAN MR' SPLASH CANYON WATER PARK TEMECULA„CALIFORNIA otlrt+n~wrvnrtrtrvi~[5avetie.[vo 4irc~ rsiµw~.wOn~fmaOm.[ SEE SHEET L-2 FOR PLANT LEGEND L-1 ae.i .o roam ~ LANDSCAPE CONCEPTPLAN j _ PLANT PALEE . eptuGUit(NE cnMl:bx xuie' . RS.IaW~ImFMal MwaiUMtYBOq a m~o.x. aana va.c 6W T M wmnxuvnw WATER PARK ENTRY ENLARGEMENT Pun '`p. r n maw~Ywa m tw m. SIN4Y v TYPICAL STREETSCAPE AND INTERIOR PLANTING Pun 1-. L.2. LANDSCAPE MASTER PLAN FOR: SPLASH CANYON WATER PARK PLANT LEGEND AND DETAILS TEMECMAA CALIFORNIA. LL; if Ii HE , P g ~ 141, f! NO 41, 11'' a., _ -t 1 U NDSCAPEMMMR PLAN FOR SPLASH CANYON WATER PARK TEMECULA,.. CALIFORNIA I ~ur~-vnv uwnvi mEMSifirv I I~ I mP]SGrv 0 WALL AND FENCE PLAN L3 3~S KEYNOTES - "MDY uuw . o sxz'-ra.-e S "D, W'A" (7p eW'Ri vuw-s gmpc - :'~SaiM1'. OO , u ~ pp a. .~;zxs rxn:m tl3 a - - " °a SPLASH CANYON a a 26169Yoez Tem la, Call la 92691 Claamaly Walefpat Ceve~apmeal, ac €e -1 p- wa°F+`?a~uu~vaw vw . ~ upa.Hmnm uMvwxi ~.x..., Ay ENTRY / ADMIN. BI-DG. EXTERIOR ELEVATONS OVERALL 'A- I XC6 SPIASH CANYON 26155YrIez TemxuW, Calift 92591 Clea~~~~mafer evel.M ~ K ENTRY / ADMIN. SLOG. EAST VANG EXTERIOR ELEVATIONS S-egam Q f z IA-4.2 : WEST WING EXTERIOR ELEVATIONS EAST ELEVATIONS SOUTH 0 '.m OO UNIT - wDID p ROOFING O DUAL p ON p w r .LL E."D O RU O l- R EERI WINDOW EX-1 -E d ~ a, © I-D vw ® w/- IREDT. 141 ter. bas ~ ; :Np'N NI'- N. N. I. ® h I iu,N DO, 9b.N. EXTERIOR FINISH SCHEDULE. YD -AND - -N EIDT WEE, NIN, D" CEED 1'~~ 1`<11 CED P, r O", N tea--+-o 03 INNNT -1 SPLASH CANYON 1155Ynez: emecula, C92591e WatazMxpaI Development, Inc. ENTRY / ADMIN. BLDG. WEST WING EXTERIOR ELEVATIONS MY fgg^~ ' -00 J Fa v m r-,_p o7 z A-4 3 N . j WEST WING EXTERIOR ELEVATONS NORTH VA OR - i NEW IN. 1, _ _ , . I a- i I i i. c~ o b ~ ELEVAlWNS I ~ I I I I I I I I I I 0---~---~---~---fir---© I I I I I I I I BODY -W.- SPLASH CANYON - 26155Ynaz- Temecula, Cegmia 92591 Clearv+aler Waferpam DevelDpmeof; loc ENTRY./ADMIN. EN1RV STRUCTURE I'- ~n~ i J q A-6.1 V 1. I b j n T i . _a G ..GO NEW, 0 o~ NI I o o -E om. ..u., GG, LEE, GELLGE NOW -NNGN sOLIEL, E., o mnG r p ® rno~ - LINE OE LINE EE ILL GLOW ® " ROOF PLAN r - i'-o 04 FLOOR PLAN u¢ r - --103 LEGEND py~ry{ I Ipl1~ 'yv1 1 -0~ d` su. i d P 1{(~ ~~b 1 eur~x,u { y lY7 1 IOe ~~I -Sa x,e,~w,wnMa ..r ~ ~ EXTERIOR FINISH SCHEDULE IN 'HENRY N. ® S„i4 P. gym. €3 w~s.,r i : rv s.~ as..no. . 'mxuw m iw s,~pur €D ® .I NGI ~ d pI ry {l~ ~ ~ 4 i t{yr}l'i1 h!$ ~ ~ g l 5 4'P ° p f~ slla a g g' a " ~ ~~pIP I - te :p u INTERIOR FINISH SCHEDULE , ~ p . a oA - RESTROOM ACCESSORIES T T T T sw*.~ aEV,nw ."v orsPS.ss R Rm W EI E I., I swe XTERIOR ELEVATIONS we r t 02 1. EGGELLEE E` EGG m~ sumna eINEGI I I I.L. , GONE IEE .2 ~ELELGGNE. IN NIGG. NNE. w W s Null, m u ~s = P v III 'IT IONIG -N WOOLLANDELLEI p ~ ~ "c - I x o o - se soa WOLL NI -I LINE E.EN., LER s T Y SECTION uc d'-,'-0 07 ; 'N, I I_ I _ h d T 000 I e- ~ _y I I I'° I r. -1-- HIM .::.:i~r..r SPLASH CANYON 1,155Ylez C91ia 2591 Clearwater Walerpalk Develapmani, Im. RESTROOM / LOCKERS BUILDING .~~u..~,-aaX.,(' I ii="'ev e Nt KEYNOTES V O AU _ ~ SNAFFLE NI O O u e O C a'Al . - M,m 'r ~ i p m. <ow a ase 4 OO WnnuGM1p rumizm vim u.4 wdwv c LOAN MI MANUALUM cc NA. FOA,AL111W ® ONALUM - I I ®r. - UNE OF I ANNE y A, All "I U LIFE OF - N- ' . ORIFNI OUP ® ® ~ ® FlUAF.UER 'ALL N.I ( ROOF PLAN uE 8 04 FLOOR PLAN cue t 03 LEGEND F71 2 _ w-- _ B0R nSPLASH CANYON 26155 Ynez Tem ula, EaliOm'ia 92591 Cleanrabi Watazpa Devel0AIA Inc SWEET SHOP JJ J Q J S" z A-6 3 y V F t 8 }III' 1 I "~'~I KIN l L ~ Y s ROOF PLAN EXTERIOR ELEVATORS 1 vP: WOMEN'S RESTROOM INTERIOR ELEVATIONS I RESTROOM INTERIOR 0 o~N o~~~m wrwum 9~c~.v~. rvarxc - ® ~UNN o, WCRIIrv ~Ia-v NT 1.11 IIIR~ ® orv ~.~x~ -01 1. R .11 ~LUI ® F FnX x, am..ILI -SPLASH CANYON 26155 Ynei Temecula, Calibmia 92591 tlwmplal; . Development, Inc. RESTROOM BUILDING //2 I -a n u n A-6.4 u F SECTION Qlll ^y n I ROOF y PLAN ^0.~1`vnnrtr :was EXTERIOR ELEVALONS B11,111 . N11-. KtYPIU 1 tb C) HANDE-NNUM NONE O Op - STILL -E BLLNEE nrvGTME --TED Q u r< p VW Mm O pp 1..n EEK co.n^ EN ® Q RE- - , BE n 3 @ NUNUEB © CE Ll~ Cr ME BULB. N N- NNIE CAP ® v NNE Nom,. MEE a e ~r w p,mnax EXTERIOR FINISH SCHEDULE ® R, LANE N.11 - Bull 'IN EMAR E -NR MIN LANE U1. .4ul EJETIBEI PENT EMIRILL 1L.1 ER MEI FU BE .1B Ill. . D34D WHISPER INTERIOR FINISH SCHEDULE BELL o mA .MiE BULL _ o~ v. BLUNN a WOMEN'S RESTROOM INTERIOR ELEVAMNS r-o 03 ~.NM1E T w`E -aua RESTROOM MAC .111 1111NIEB C E Duff awEC7ESSORIES vl • P d i e m xi N BOB" K IN DUE BuILME r E s. wus ull ` LD, O1 NO B nFcEU[E ML I.B. 1B i wu ii u u0.,u p NUE. r BILLER ME © LE OR 'Ll x ]art RE - a,P,.EE - NUEEL ®r INUMEN a .6 [ . a I N I I I SPLASH CANYON 26155Yoez Temecula, Califomia 92591 Clearwater alelpalk DevelacmenI r RESTROOM BUILDINO q3 Now A-6.5 u KEYNOTES UNDY OO '~wnv-var+ "on OO suv Lu xwr [ uarv - m ILL. -E 0 _ w u:. pp wNEIv awa soixc R o + O z. COLIC -E - ° cw m.vt exn. LL. G G r LL H ° II SPLASH ° . CANYON VL1 IF L- ® " ` L-I 26155Ynez 0 " L,o Temecula Q ® , e C 0 ~591 u CLERESTORY PLAN q2 u¢ d' • ~'-0 07 CLERESTORY PLAN q1 rve d' - OS FLOOR PLAN ' cut d" -+'-a 03 LEGEND .yl r I r,:2,v~q Glen* Poax wArpoit v eo n4 peve ino, rm. EXTERIOR FINISH SCHEDULE 1rs 1 +e mix vcw+ I' ILI to + . W1 El- 11TE- -11 -1 INTERIOR FINISH SCHEDULE x w 15 - %121S sn+ os_ 11 -E 1ILL, I., vc s r c.. rn s RENTAL EXTERIOR ELEVATIONS uc d'-+'-a 02 a ROME WE ~ WIN O a,= I I E^e V N r o A-6.6 106 SECTION -o 04 ROOF PLAN w[d'•+'-o 01 N O O ov~..o - ° =1 0 0 ..oa ..oa e G KLYNUILb OO Q _ x[ wm[u 0 uw i pp 'r~nkwIxwovx wsuwiuu rwuE ' pp mx.. IT. tTSI - xwa OO ~ E9 ® o x x ©L arxwo ® su ,xx~ R 1~ N~ I.RNuPux ® G-I ® 0a 1xx:1N ITxT ® o EXTERIOR EIEVAWNS • _ _ ~-"r= ,s N-1 SECWN 1gU~NDr rtIXCR ' :'.i SPLASH CANYON 26155Yeez Temec4 92591 Gearrraler velopmeC Inc. MAINTENANCE BNIIbING u°°4 .ET'a-.a^ vex MEN i f ne z A-6.7 N I x 1 1. I COVERED EATING STRUCTURE ELEVATOR toad'--0 71 SHADE STRUCTURE ELEVATION Aar - I -oG9 +ov~ym SHADE STRUCTURE ELEVATI cr - s 1 7-R-0-0 ROOF PLAN A 10/1 c SHADE STRUCTURE SECTION KEYNOTES 'g YOY O+ N I +~mw sm xmr o , nxru T sxro.._- O ....f... - - 'uI , - oPo ~ 4 ~xw~ ~ I I I J Q h _ _ NNUER 4l v SPLASH l ©x. CANYON ~H ~ N- UN 26155Ynez N~. a - Temecula - j j 92591 b 'O Geanvaler . Wa~arpa~C TQ6 COVERED EATING STRUCTURE FLOOR PLAN rve d' •+'-0 03 Development oe. 1=F Q - P' - Q' a QQ Q' EXTERIOR FINISH SCHEDULE - Ix P.,x i j 9+ E- SMIN _ _ + _ ei ® +xrtmw u+w xux+ = st ' d ~ i IC -O _ I-L OO COVERED. EATN - STRUCTURE - O~a SHADE STRUCTURE Bu - nciea-°~rss,~ 1 05 SHADE STRUCTURE FLOOR PLAN OP IN- ; f u o A-6 8 04 COVERED EATING STRUCTURE SECTION ucp-+'-o Ol N . . , 0 F111,~/tyln SHADE SIRUCNRE ELEVO -O KEYNOTES _ O n 9 Q' 9 Q' OO ~ . - rFro.e - wxrzo O S O o 111L TIIIS~ - .1.. O p. iim Kok noan ~NTI E ® rn o.xorox Q IF NE 0 ,F Atn _ r ® um ALG IE STRUCTURE FLOOR PLAN u¢N•=~'-o O3 EXTERIOR FINISH SCHEDULE I xr ® WFbxw , FIIFAOR uiN x ® own e.11 -T ® I a+.ws muw viIx I. T 02 _ i ® w mix Ar NYNDY 0.z nWSH CANYON 26155Ynez Temea C92f591 - 92591la, Clearwater ! - Walerprk DeveloQmenk. I~. PICNIC SHADE STRUCTURE J Q ~v z A-6.9 u i IZ Y ROOF PLAN c.¢ d' • -0 06 SECTION I-o 05 SECTION -c 04 V n.. .vv a-~ . - ~a.v x F~ ®1 L I 'T _ - - _____J L _ ,L - - Y e KEYNOTES ' c Q . r Qe a o ~c Di c drt OO ~ O © unev um cewmm LEGEND 0 03 EXTERIOR FINISH SCHEDULE A177 FO0 R -1 .Fl -1- ELFE F,1141 1.11 MIT aSPLASH CANYON i'c1155 Ynez lam ola, 92591 rwa tat wa' Development. Inc. MEIIAST 90Fx' F . X10 1ny ELEVATIONS ~ .u. I z A-6.10 {,1 N S ROOF PLAN Vc.a q _ I Iao SECTION KEYNOTES BBMOY 1.1 p L 0 1 r-0 m I -V J tyiFH- V O I'm G © T~Tx~ SPLASH EXTERIOR FINISH SCHEDULE ® TII o ® vTxvT 117 sx ® 1Ix-T MN EDI~ MT~ -N -T DE-1 1- 1. CANYON 26155Ynez Tem wla, C92591~ Clembr wall," Development MECHANICAL BUILDING - WEST i I G PC RESOLUTION NO. 09- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA09-0040, A TENTATIVE PARCEL MAP (TPM 36176) TO SUBDIVIDE A 35-ACRE SITE INTO THREE PARCELS; ONE 19.7 ACRE PARCEL, ONE 11.3 ACRE PARCEL, AND A 4.0 ACRE PARCEL (DEDICATED FOR PUBLIC IMPROVEMENTS) LOCATED AT THE NORTHWEST CORNER OF DENDY PARKWAY AND DIAZ ROAD (APN 909-370-002) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On February 5, 2009, Clearwater Development filed Planning Application No. PA09-0040, A Tentative Parcel Map Application 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 August 19, 2009, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. D. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission approved Planning Application No. PA09-0040 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 Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that: Tentative Parcel Map (Subdivision Ordinance Section 16.09.140) A. The proposed subdivision and the design and improvements of the subdivision are consistent with the Development Code, General Plan, and the City of Temecula Municipal Code; Tentative Parcel Map No. 36175 is consistent with the General Plan, the Subdivision Ordinance, the Development Code, and Municipal Code because the project has been processed and designed in a manner that is consistent with the policies and standards contained in those documents. B. The Tentative Map does not propose to divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965, or the land is subject to a Land Conservation Act contract but the resulting parcels following division of the land will not be too small to sustain agricultural use; The subject parcels do not propose to divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965. The subject property has not been designated for conservation or agricultural land, and is not subject to the California Land Conservation Act of 1965. C. The site is physically suitable for the type and proposed density of development proposed by the Tentative Map; The site is physically suitable for the proposed water park development because the proposed Tentative Parcel Map (TPM 36175) meets the minimum lot size requirements contained within the PDO-10 zoning district, and is consistent with all the density requirements of the City of Temecula Subdivision Ordinance. The proposed water park use on Parcel 1 of TPM 36175 is consistent with the land use requirements of the General Plan and the development standards of the Development Code and PDO-10. D. The design of the subdivision and the proposed improvements, with Conditions of Approval are not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat; The proposed project site is highly disturbed from grading and surcharging of the site. All potential impacts from the subdivision and proposed improvements, including the water park development, were found to be less than significant based on the initial environmental study. The proposed project, as conditioned, will not cause significant environmental damage or substantially and avoidably injure fish or wildlife in their habitat. E. The design of the subdivision and the type of improvements are not likely to cause serious public health problems; The project, as conditioned by the Fire Prevention Bureau and the Public Works Department, will comply with the applicable improvement requirements. All required improvements, including right-of-ways, drainage and utility improvements, are designed to prevent public health problems. Furthermore, provisions are made in the General Plan and the Development Code to ensure that the public health, safety and welfare are safeguarded. The project is consistent with these documents. F. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible, Prior to issuance of any building permits for the subject parcels, and prior to any construction, the applicant will be required to submit building plans to the City of Temecula Building Department. These plans will be required to comply with all applicable Uniform Building Codes, which also include requirements for energy conservation. Therefore, the design of the subdivision provides opportunity for passive or natural heating and cooling for future projects, including the water park. G. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision, or the design of the alternate easements which are substantially equivalent to those previously acquired by the public will be provided; The required right-of-way easements, including Diaz Road and Cherry Street alignments, are included on the Tentative Parcel Map (TPM 36175). The type of improvements required will not conflict with any easements acquired by the public at large for access through, or for use of any property within the proposed subdivision. H. The subdivision is consistent with the City's parkland dedications requirements (Quimby); The subdivision is consistent with the dedication requirement. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Tentative Parcel Map Application: A. Pursuant to the California Environmental Quality Act ("CEQA), City staff prepared an Initial Study of the potential environmental effects of the approval of the Tentative Parcel Map Application, as described in the Initial Study ("the Project"). Based upon the findings contained in that study, and with mitigation, there is no substantial evidence that the Project will have a significant effect on the environment and a Mitigated Negative Declaration has been prepared for the project. 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 July 28, 2009, and expired on August 16, 2009. 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. No written comments in response to the circulated Mitigated Negative Declaration were received prior to the public hearing. D. The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration prior to and at the August 19, 2009, 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) Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. E. Based on the findings set forth in the Resolution, the Planning Commission hereby adopts the Mitigated Negative Declaration prepared for this project. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA09-0040, a Tentative Parcel Map (TPM 36175) to subdivide a 35-acre site into three parcels, located at the northwest corner of Dendy Parkway and Diaz road, 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 19th day of August 2009. Stanley Harter, Chairman ATTEST: Patrick Richardson, Secretary [SEAL] STATE OF CALIFORNIA } COUNTY OF RIVERSIDE }ss CITY OF TEMECULA } I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 09- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 19th day of August 2009, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS ABSENT: PLANNING COMMISSIONERS ABSTAIN: PLANNING COMMISSIONERS Patrick Richardson, Secretary EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA09-0040 Project Description: A Tentative Parcel Map (TPM 36175) to subdivide a 35-acre site into three parcels; one 19.7 acre parcel, one 11.3 acre parcel, and a 4.0 acre parcel to be dedicated for public improvements located at the northwest corner of Dendy Parkway and Diaz Road Assessor's Parcel No.: 909-370-002 MSHCP Category: Commercial DIF Category: Commercial TUMF Category: Retail Commercial Approval Date: August 19, 2009 Expiration Date: August 19, 2012 PLANNING DEPARTMENT Within 48 Hours of the Approval of This Project PL-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 Two Thousand Fifty- Seven Dollars ($2,057.00) which includes the One Thousand Nine Hundred Ninety- Three Dollar ($1,993.00) 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 due to failure of condition [Fish and Game Code Section 711.4(c)]. General Requirements PL-2. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. PL-3. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL-4. This approval shall be used within three years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the three year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. PL-5. The Planning Director 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. PL-6. The project and all subsequent projects within this site shall comply with all mitigation measures identified within the approved Mitigation Monitoring Program. PL-7. The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance No. 460, unless modified by the conditions listed below. An Extension of Time may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 60 days prior to the expiration date. PL-8. If subdivision phasing is proposed, a phasing plan shall be submitted to and approved by the Planning Director. Prior to Issuance of Grading Permit(s) PL-9. The recommendations contained in soils report(s) and geotechnical report shall be implemented (MM No. 21). PL-10. The Applicant shall submit to the Public Works Department an erosion control plan prepared in accordance with the requirements of the Temecula Municipal Code, Section 18.15, Erosion and Sediment Control (MM No. 22). PL-11. 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 Planning Director at his/her sole discretion may require the property owner to deposit a sum of money it deems reasonably necessary to allow the City to consult and/or authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the discovery is not an archaeological/ cultural resource, the Planning Director 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 Planning Director shall notify the property owner that no further excavation or development maytake place until a mitigation plan orother corrective measures have been approved by the Planning Director." PL-12. Prior to the issuance of grading permits, the project proponent shall enter into a Treatment Agreement with the Pechanga Band of Luiseno Indians. This agreementwill address the treatment and disposition of cultural resources and human remains that may be uncovered during construction as well as provisions for tribal monitors (MM No. 7). PL-13. 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 (MM No. 8). PL-14. 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 anew find, further testing, excavation, and/or reporting may be required (MM No. 9). PL-15. If human remains are encountered, all activity shall cease and the County Coroner must be notified immediately. State Health and Safety Code Section 7050.5 state that no further disturbance 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 (MM No. 10). PL-16. If inadvertent discoveries of subsurface archaeological/ cultural resources are discovered during grading, the City, the Project applicant and the Tribe shall assess the significance of such resources and shall meet and confer regarding the mitigation for such resources. If the Project applicant and the Tribe cannot agree on the significance or the mitigation for such resources, these issues will be presented to the City of Temecula Director of Planning and Redevelopment for decision. The City of Temecula Director of Planning and Redevelopment shall make determination based on the provisions of the California Environmental Quality Act (CEQA) 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 Director of Planning and Redevelopment shall be appealable to the City Council (MM No. 11). PL-17. The landowner shall agree to relinquish ownership of all cultural resources, including all Luiseno sacred items, burial goods and all archeological artifacts that are found on the project site to the Pechanga Band of Luiseno Indians for proper treatment and disposition (MM No. 12). PL-18. All sacred sites within the project area are to be avoided and preserved (MM No. 13). PL-19. The approximate 1.8 acre area of cultural site CA-RIV-237 located in the northwest corner of Planning Application Nos. PA09-0040 and PA09-0041 shall be preserved in Open Space and recorded with the County Recorder of Riverside County as a conservation easement for preservation purposed in perpetuity. Prior to the issuance of grading permits, the City and the Tribe will develop an accurate legal description of the area to be avoided for use in recording the Open Space and conservation easement. The 1.8 acres of CA-RIV 237 shall not be subject to development, archeological testing or ground-disturbing activities (MM No. 14). PL-20. All impacts to the sandstone and fanglomerate members of the Pauba Formation shall 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 (MM No. 15). PL-21. Upon encountering any significant fossils, salvage of all fossils in the area shall be conducted with additional field staff and in accordance with modern paleontological techniques (MM No. 16). PL-22. Any significant fossils recovered shall be prepared to a reasonable point of identification. Excess sediment or matrix will be removed from the specimens to reduce the bulk and cost of storage. Itemized catalogs of all material collected and identified shall be provided to the museum repository along with the specimens (MM No. 17). PL-23. Prior to the issuance of a grading permit, a report documenting the results of the monitoring and any salvage activities and the significance of the fossils shall be prepared (MM No. 18). PL-24. Any significant fossils recovered, along with the itemized inventory of the specimens, shall be deposited in a museum repositoryfor permanent curation and storage (MM No. 19). PL-25. A 30-day preconstruction survey, in accordance with MSHCP guidelines and survey protocol, shall be conducted prior to ground disturbance. The results of the 30-day preconstruction survey shall be submitted to the Planning Department prior to scheduling the pre-grading meeting with Public Works. PL-26. The following shall be included in the Notes Section of the Grading Plan: "No grubbing/clearing of the site shall occur priorto scheduling the pre-grading meeting with Public Works. All project sites containing suitable habitat for burrowing owls, whether owls were found or not, require a 30-day preconstruction surveythat shall be conducted within 30 days prior to ground disturbance to avoid direct take of burrowing owls. If the results of the survey indicate that no burrowing owls are present on-site, then the project may move forward with grading, upon Planning Department approval. If burrowing owls are found to be present or nesting on-site during the preconstruction survey, then the following recommendations must be adhered to: Exclusion and relocation activities may not occur during the breeding season, which is defined as March 1 through August 31, with the following exception: From March 1 through March 15 and from August 1 through August 31 exclusion and relocation activities may take place if it is proven to the City and appropriate regulatory agencies (if any) that egg laying or chick rearing is not taking place. This determination must be made by a qualified biologist." PL-27. A copy of the Rough Grading Plans shall be submitted and approved by the Planning Department. PL-28. The project shall be responsible for fair-share participation for implementation of system improvements along Winchester Road, Ynez Road, and Jefferson Avenue (MM No. 27). Prior to Issuance of Building Permit(s) PL-29. The applicant shall file and receive approval of a development application prior to any future development within the subject parcels. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit PL-30. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Prior to Recordation of the Final Map PL-31. A copy of the Final Map shall be submitted to and approved by the Planning Department. PL-32. A copy of the Environmental Constraint Sheet (ECS) shall be submitted to and approved by the Planning Department with the following notes: a. This property is located within 30 miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory recommendations, Ordinance No. 655. b. A Mitigated Negative Declaration was prepared for this project and is on file at the City of Temecula Planning Department. c. This project is within the Alquist-Priolo Special Studies Zone. d. This project is within a 100-year Flood Hazard Zone. e. This project is within a Liquefaction Hazard Zone. f. This project contains sensitive cultural resources. OUTSIDE AGENCIES PL-33. Flood protection shall be provided in accordance with the Riverside County Flood Control District's transmittal dated March 10, 2009, a copyof 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. PL-34. The applicant shall comply with the recommendations set forth in the Eastern Municipal Water District's transmittal dated July 13, 2009, a copy of which is attached. PL-35. The applicant shall comply with the recommendations set forth in the Rancho California Water District's transmittals dated February 23, 2009, March 2, 2009, and June 9, 2009, copies of which are attached. FIRE PREVENTION General Requirements F-1. Final fire and life safety conditions will be addressed when building plans are reviewed bythe 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. F-2. This development shall maintain two points of access, via all-weather surface roads; therefore, a secondary emergency access point is required for Fire Department access to the property as approved by the Fire Prevention Bureau (CFC Chapter 5, Section 503-1.2). F-3. Fire apparatus access roads and driveways shall be designed and maintained to support the imposed loads of fire apparatus and shall be with a surface 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 (CFC Chapter 5, Section 503.2.3 and Temecula City Ordinance 15.16.020 Section E). F-4. Fire Department vehicle access roads shall have an unobstructed width of not less than 24 feet for commercial projects with an unobstructed vertical clearance of not less than 13 feet 6 inches (CFC Chapter 5, Section 503.2, 503.4 and Temecula City Ordinance 15.16.020 Section E). F-5. The gradient for fire apparatus access roads shall not exceed 15 percent (CFC Chapter 5, Section 503-2.7 and Temecula City Ordinance 15.16.020 Section E). F-6. 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. Contact Fire Prevention for approval of alternative file formats which may be acceptable. PUBLIC WORKS DEPARTMENT General Requirements PW-1. The Department of Public Works recommends the following Conditions of Approval for this project. Unless otherwise noted, all conditions shall be completed bythe developer at no cost to any Government Agency. PW-2. It is understood that the developer correctly shows on the Tentative Map all existing and proposed easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. PW-3. A Grading Permit for rough 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. PW-4. 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. PW-5. All grading and improvement 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. Prior to approval of the Parcel Map, unless other timing is indicated, the developer shall complete or have plans submitted and approved, subdivision improvement agreements executed and securities posted. PW-6. Parcel 3 shall be dedicated to the City of Temecula for drainage purposes. PW-7. As deemed necessary by the Department of Public Works, the developer shall receive written clearance from the following agencies: a. City of Murrieta b. San Diego Regional Water Quality Control Board c. Army Corp of Engineers d. Department of Fish and Game e. Rancho California Water District f. Eastern Municipal Water District g. Riverside County Flood Control and Water Conservation District h. City of Temecula Fire Prevention Bureau i. Planning Department j. Department of Public Works k. Riverside County Health Department 1. Community Services District m. Verizon n. Southern California Edison Company Southern California Gas Company Other affected agencies PW-8. The developer shall design the following public improvements outlined in these conditions to the City of Temecula General Plan standards unless otherwise noted. Plans shall be reviewed and approved by the Department of Public Works. Diaz Road (Major Arterial (4 lanes divided) Highway Standard No. 101-100' RIW) between Dendy Parkway and Cherry Street to include dedication of full width street right-of-way, ultimate full-width improvements, paving, curb and gutter, sidewalk, streetlights, drainage facilities, signing (include No Parking) and striping, utilities (including but not limited to water and sewer), and to include the required slope and drainage easements. Dendy Parkway (Major Arterial (4 lanes divided) Highway Standard No. 101-100' RAIV) between Diaz Road and the westerly property boundaryto include dedication of half-width street right-of-way, installation of half-width street improvements, paving, curb and gutter, sidewalk, streetlights, drainage facilities, signing (include No Parking) and striping, and utilities (including but not limited to water and sewer). c. Cherry Street (Major Arterial (4 lanes divided) Highway Standard No. 101 -100' RIW) between Diaz Road and the westerly property boundaryto include dedication of half-width street right-of-way. PW-9. The developer shall design and guarantee the following public improvements outlined in these conditions to the City of Temecula General Plan standards unless otherwise noted. Plans shall be reviewed and approved by the Department of Public Works. Dendy Parkway between Diaz Road and the westerly property boundary to include installation of half-width street improvements, paving, curb and gutter, sidewalk, streetlights, drainage facilities, signing (include No Parking) and striping, and utilities (including but not limited to water and sewer). All street improvement designs shall provide adequate right-of-way and pavement transitions per Caltrans' standards for transition to existing street sections. PW-10. Unless otherwise approved, all criteria shall be observed in the design of the street improvement plans. Street centerline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. Driveways shall conform to the applicable City Standard Number 207A. c. Streetlights shall be installed along the public streets and shall be designed in accordance with City Standards Number 800. Concrete sidewalks shall be constructed in accordance with City Standard Number 400. e. Design of street improvements shall extend a minimum of 300 feet beyond the project boundaries to ensure adequate continuity of design with adjoining properties. f. Minimum centerline radii shall be in accordance with City Standard Number 113. g. All reverse curves shall include a 100-foot minimum tangent section. h. All street and driveway centerline intersections shall be at 90 degrees. 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. j. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided underground. Easements shall be provided as required where adequate right-of-way does not exist for installation of the facilities. All utilities shall be designed and constructed in accordance with City codes and the utility provider. PW-11. A construction area Traffic Control Plan shall be designed bya registered civil engineer and reviewed by the Department of Public Works for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. PW-12. Relinquish and waive right of access to and from Diaz Road Street on the Parcel Map with the exception of one opening as delineated on the approved Tentative ParcelMap. PW-13. Relinquish and waive right of access to and from Dendy Parkway Street on the Parcel Map with the exception of two openings as delineated on the approvedTentative Parcel Map. PW-14. Relinquish and waive right of access to and from Cherry Street Street on the Parcel Map with the exception of one opening as delineated on the approved Tentative Parcel Map. PW-15. Corner property line cut off for vehicular sight distance and installation of pedestrian facilities shall be provided at all street intersections in accordance with Riverside County Standard Number 805. PW-16. All easements and/or right-of-way dedications shall be offered for dedication to the public or other appropriate agency and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the Department of Public Works. PW-17. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is part of an existing Assessment District must comply with the requirements of said section. Prior to City Council approval of the Parcel Map, the developer shall submit an application for reapportionment of any assessments with the appropriate regulatory agency. PW-18. Any delinquent property taxes shall be paid. PW-19. An Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the Parcel Map to delineate identified environmental concerns and shall be recorded with the map. PW-20. The developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet recorded with any underlying maps related to the subject property. PW-21. The developer shall make a good faith effort to acquire the required off site property interests, and if he or she should fail to do so, the developer shall, prior to submittal of the Parcel Map for recordation, enter into an agreement to complete the improvements pursuant to the Subdivision Map Act, Section 66462 and Section 66462.5. Such agreement shall provide for payment by the developer of all costs incurred bythe Cityto acquire the off site property interests required in connection with the subdivision. Security of a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the developer, at the developer's cost. The appraiser shall be approved by the City prior to commencement of the appraisal. PW-22. The developer shall record a written offer to participate in, and waive all rights to object to the formation of an Assessment District, a Community Facilities District, or a Bridge and Major Thoroughfare Fee District for the construction of the proposed Western Bypass Corridor in accordance with the General Plan. The form of the offer shall be subject to the approval of the City Engineer and City Attorney. PW-23. A copy of the grading, and improvement plans, along with supporting hydrologic and hydraulic calculations shall be submitted to the Riverside County Flood Control and Water Conservation District for approval prior to recordation of the Parcel Map or the issuance of any permit. A permit from Riverside County Flood Control and Water Conservation District is required for work within their right-of-way. PW-24. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City codes and the utility provider. PW-25. The developer shall notify the City's cable TV franchisees of the Intent to Develop. Conduit shall be installed to cable TV standards at time of street improvements. PW-26. Private drainage easements for cross-lot drainage shall be required and shall be delineated and noted on the Final Map. PW-27. Easements, when required for roadway slopes, landscape easements, drainage facilities, utilities, etc., shall be shown on the Final Map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted for review and recorded as directed by the Department of Public Works. On-site drainage facilities located outside of road right-of-way shall be contained within drainage easements and shown on the Final Map. A note shall be added to the Final Map stating "drainage easements shall be kept free of buildings and obstructions." Prior to Issuance of Grading Permit(s) PW-28. As deemed necessary by the Department of Public Works, the developer shall receive written clearance from the following agencies: a. City of Murrieta b. San Diego Regional Water Quality Control Board c. Army Corp of Engineers d. Department of Fish and Game e. Riverside County Flood Control and Water Conservation District f. Planning Department g. Department of Public Works h. Riverside County Health Department i. Community Services District, or other affected agencies PW-29. A Grading Plan shall be prepared by a registered civil engineer in accordance with City of Temecula standards and shall be approved by the Department of Public Works prior to the commencement of grading. The Grading Plan shall include all necessary erosion control measures needed to adequately protect the site (public and private) and adjoining properties from damage due to erosion. PW-30. A Soils Report shall be prepared by a registered soil or civil engineer and submitted to the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and preliminary pavement sections. PW-31. A Geotechnical Report shall be prepared by a registered engineer or engineering geologist and submitted to the Department of Public Works with the initial grading plan check. The report shall address special study zones and identify any geotechnical hazards for the site including location of faults and potential for liquefaction. The report shall include recommendations to mitigate the impact of ground shaking and liquefaction. PW-32. A Drainage Study shall be prepared by a registered civil engineer and submitted to the Department of Public Works with the initial grading plan check. The study shall identify storm water runoff quantities expected from the development of this site and upstream of the site. It shall identify all existing or proposed off site or on-site, public or private, drainage facilities intended to discharge this runoff. Runoff shall be conveyed to an adequate outfall capable of receiving the storm water runoff without damage to public or private property. The study shall include a capacity analysis verifying the adequacy of all facilities. Any upgrading or upsizing of drainage facilities necessary to convey the storm water runoff shall be provided as part of development of this project. The basis for analysis and design shall be a storm with a recurrence interval of 100 years. The maximum amount of discharge from Parcel Map No. 36175 cannot exceed the allowable volume of runoff of the existing downstream facility/pipe as identified on approved plans for Parcel Map No. 28657-1. Should onsite detention be required for this map, it should be proportionately allocated between Parcel 1 and Parcel 2. PW-33. Construction-phase pollution prevention controls shall be consistent with the City's Grading, Erosion and Sediment Control Ordinance and associated technical manual, and the City's standard notes for Erosion and Sediment Control. PW-34. 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 atthe site throughout the duration of construction activities. PW-35. 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 in accordance with Grading Ordinance Section 18.24.120. PW-36. 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. PW-37. 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. PW-38. The developer shall obtain letters of approval or easements for any off site work performed on adjoining properties. The letters or easements shall be in format as directed by the Department of Public Works. PW-39. The site is in an area identified on the Flood Insurance Rate Maps and is subject to flooding of undetermined depths. Prior to the approval of any plans, the developer shall comply with Chapter 15.12 of the Temecula Municipal Code. A Flood Plain Development Permit is required prior to issuance of any permit. Commercial subdivisions may obtain a LOMR at their discretion. Prior to Issuance of Building Permit(s) PW-40. Parcel Map No. 36175 shall be approved and recorded prior to the first building permit PW-41. Prior to issuance of the first building permit on Parcel 1: The Developer shall improve Dendy Parkway from Diaz Road to the westerly property boundary to include installation of half-width street improvements, paving, curb and gutter, sidewalk, streetlights, drainage facilities, signing (include No Parking) and striping, and utilities (including but not limited to water and sewer). PW-42. Prior to issuance of the first building permit on Parcel 2: Improve the westerly half of Diaz Road from Dendy Parkway to Cherry Street, to include but not limited to, interim 28 feetwide asphaltic concrete pavement (Traffic Index of 5), curb, gutter, signing (include No Parking) and striping. These interim improvements will not require significant changes to the existing profile that would cause utility relocations. Improve the southerly half of Cherry Street from Diaz Road to the secondary access onto Parcel 1, to include but not limited to a 28 foot wide secondary emergency access, per Fire Code, signing (include No Parking) and striping. c. All street improvement designs shall provide adequate right-of-way and pavement transitions per Caltrans' standards for transition to existing street sections. PW-43. A Precise Grading Plan shall be submitted to the Department of Public Works for review and approval. The building pad shall be certified by a registered civil engineer for location and elevation, and the soils engineer shall issue a Final Soils Report addressing compaction and site conditions. PW-44. Grading of the subject property shall be in accordance with the California Building Code, the approved grading plan, the conditions of the Grading Permit, City Grading Standards and accepted grading construction practices. The Final Grading Plan shall be in substantial conformance with the approved rough Grading Plan. PW-45. The developer shall pay to the Citythe Public Facilities Development Impact Fee (DIF) as required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and all resolutions implementing Chapter 15.06. PW-46. 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 Certificate of Occupancy PW-47. The Developer shall complete all public improvements as outlined in these Conditions of Approval and per City of Temecula standards or as approved by the Director of Public Works. PW-48. Prior to issuance of the first Certificate of Occupancy on Parcel 1: The Developer shall improve Dendy Parkway from Diaz Road to the westerly property boundaryto include installation of half-width street improvements, paving, curb and gutter, sidewalk, streetlights, drainage facilities, signing (include No Parking) and striping, and utilities (including but not limited to water and sewer). PW-49. Prior to issuance of the first Certificate of Occupancy on Parcel 2: The Developer shall improve the westerly half of Diaz Road from Dendy Parkwayto Cherry Street, to include but not limited to, interim 28 feet wide asphaltic concrete pavement (Traffic Index of 5), curb, gutter, signing (include No Parking) and striping. These interim improvements will not require significant changes to the existing profile that would cause utility relocations. The Developer shall improve the southerly half of Cherry Street from Diaz Road to the secondary access onto Parcel 1, to include but not limited to a 28-foot wide secondary emergency access, per Fire Code, signing (include No Parking) and striping. WARREN D. WILLIAMS General Manager-Chief Engineer RIVERSIDE COUNTY FLOOD CONTR, 1995 MARKET STREET RIVERSIDE, CA 92501 951.955.1200 FAX 951.788.9965 www.floodcontrol.co.rivq3~#.ga.us LC10COMC AND WATER CONSERVATION DISTRI Drat=3/io~09 City of Temecula MAR 1 2 2009 Planning Department Post Office Box 9033 Temecula, CA 92589-9033 Attention: ]XVI'l SC l I LAW M Ladies and Gentlemen: Re: Y ~s21 j~ The District does not normally recommend conditions for land divisions or other land use cases in incorporated Cities. The District also does not plan check City land use cases, or provide State Division of Real Estate letters or other flood hazard reports for such cases. District comments/recommendations for such cases are normally limited to items of specific interest to the District including District Master Drainage Plan facilities, other regional flood control and drainage facilities which could be considered a logical component or extension of a master plan system, and District Area Drainage Plan fees (development mitigation fees). In addition, information of a general nature is provided. The District has not reviewed the proposed project in detail and the following comments do not in any way constitute or imply District approval or endorsement of the proposed project with respect to flood hazard, public health and safety, or any other such issue: The N~ 'boundary of the property is within the 100 year Zone floodplain limits for Murrieta Creek as delineated on Panel No. 212D dated 1 22 - 21) of the Flood Insurance Rate Maps issued in conjunction with the National Flood Insurance rogram, administered by the Federal Emergency Management Agency (FEMA). A District flood study in 1987 determined the base flood elevation for the master plan flow rate of 3!Pj f6C aS cfs to be /07-7.3 (NGVD 29) at the location. The U.S. Army Corps of Engineers along with the District and the Cities of Temecula and Murrieta are working on the design of the Murrieta Creek Flood Control, Environmental Restoration and Recreation project (Project), which has been Congressionally authorized. The proposed development is located within Phase _of the Project, which is scheduled to begin construction in pending Federally allocated funding. Questions regarding the Project may be addressed to Zully Smith of our office at 951.955.1299. Until the proposed Project has been constructed, all new buildings should be floodproofed by elevating the finished floor a minimum of 12 inches above the District's/FEMA's floodplain elevation of _ !off 7 . This site is located within the limits of the Project. The right of way required for the Project shall be dedicated to the public prior to the issuance of any permits. Di 9--. AM a This project is located within the limits of the District's Murrieta Creek/ m12'U 14 V~ Area Drainage Plan for which drainage fees have been adopted; applicable fees should be paid prior to the i suance of grading permits. Fees to be paid should be at the rate in effect at the time of issuance of the actual permit. 93897_6 Mr./ Mrs. Vul -2- Date Re: GENERAL INFORMATION This project may require a National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. Clearance for grading, recordation or other final approval should not be given until the City has determined that the project has been granted a permit or is shown to be exempt. If this project involves a FEMA mapped floodplain, then the City should require the applicant to provide all studies, calculations, plans and other information required to meet FEMA requirements, and should further require that the applicant obtain a Conditional Letter of Map Revision (CLOMR) prior to grading, recordation or other final approval of the project, and a Letter of Map Revision (LOMR) prior to occupancy. The applicant shall 61 ox.. c =ritter.- proof of compliance with the Multiple Species Habitat Conservation Plan (MSHCP) for any drainage facilities the applicant proposes to be maintained by the District. All applicable CEQA and MSHCP documents and permits shall address the construction, operation and maintenance of all onsite and offsite drainage facilities. Draft CEQA documents shall be forwarded to the District during the public review period. If a natural watercourse or mapped floodplain is impacted by this project, the City should require the applicant to obtain all applicable Federal, State and local regulatory permits. These regulatory permits include, but are not limited to: a Section 404 Permit issued by the U.S. Army Corps of Engineers in compliance with section 404 of the Clean Water Act, a California State Department of Fish and Game Streambed Alteration Agreement in compliance with the Fish and Game Code Section 1600 et seq., and a 401 Water Quality Certification or a Report of Waste Discharge Requirements in compliance with Section 401 of the Clean Water Act or State Porter Cologne Water Quality Act, respectively, from the appropriate Regional Water Quality Control Board. The applicant shall also be responsible for complying with all mitigation measures as required under CEQA and all Federal, State, and local environmental rules and regulations. Very truly yours, "Z/ //Vz~~ DALE V. ANDERSON Engineering Project Manager c: City of Temecula Attn: Dan York Zully Smith July, 13, 2009 Board of Directors President Ronald W. Sullivan Vice President and Treasurer Joseph J. Kuebler, CPA Philip E. Paule Randy A. Record David J. Slawson Board Secretary Rosemarie V. Howell General Manager Anthony J. Pack Director of Ike Metropolitan Water District of So. Calif. Randy A. Record Legal Counsel Redwine and Sherrill Annie Bostre-Le, P.E., Special Projects Engineer City of Temecula Public Works Department P.O. Box 9033 Temecula, CA 92589-9033 Dear Ms. Bostre-Le: Subject: DIAZ ROAD IMPROVEMENTS RELATED TO THE DEVELOPMENT OF TENTATIVE PARCEL MAP NO. 36715 (INCLUDING DEVELOPMENT PLAN FOR 11 ACRE MULTI-FAMILY RESIDENTIAL AND CONDITIONAL USE PERMIT FOR 12 ACRE WATER PARK) PORTION OF PARCEL NO. ! OF PARCEL MAP 4646; APN 909-370-002 EMWD staff has recently been in contact with your office to review preliminary information regarding the subject development and potential impacts of proposed Diaz Road improvement on EMWD facilities. Staff reports that an additional 14 feet of fill would occur on Diaz Road for completion of the finish roadway surface elevation in preparation for the future Diaz Road and Cherry Street intersection improvement. EMWD staff understands that the proposed finish roadway surface would integrate with the future Murrieta Creek improvement proposed by the US Army Corps of Engineers and subsequent Cherry Street Bridge improvement by the City of Temecula. To date EMWD has completed relocation of 862 lineal-feet of the Diaz Road 36" diameter gravity sewer pipeline and reinforcement of its 36" diameter recycled water pipeline, as part of the City's prior project to develop an education center at the subject project site. The total project cost to EMWD was $2,583,243. Construction was completed as a change order with the City's contract work with Yeager/Skanska. To complete work per the future Diaz Road and Cherry Street intersection improvement (as currently proposed) would require additional facility relocation and/or reinforcement for an estimated additional expenditure of $1,118,000 (refer to attached cost estimate). Please note that the additional time needed to complete EMWD's work would be approximately two (2) years from time an agreement with the City was reached to proceed. EMWD recognizes that the proposed Diaz road and Cherry Street intersection improvements are pursuant to a future Murrieta Creek improvement by the US Army Corps of Engineers. EMWD also recognizes the uncertainty of the US Army Corps of Engineers' project and subsequent City of Temecula's implementation of the proposed Cherry Street Bridge work. Due to the timing and possibility that EMWD's relocations would later be abandoned with construction of the future Murrieta Creek and bridge improvements, EMWD requests that the City re-consider their proposed project grading and seek Mailing Address: Post Office Box 8300 Perris, CA 92572-8300 Telephone: (951) 928-3777 Fax: (951) 928-6177 Location: 2270 Trumble Road Perris, CA 92570 Internet: www.emwd.ortr ~ 11-1 SINCE 1950:»-' alternatives or perhaps a phased approach to the proposed Diaz Road improvement. As future Murrieta Creek and/or the subsequent City of Temecula's Cherry Street Bridge improvements became certain, then a plan to relocate EMWD facilities would be developed without creating additional stranded capital. Should you have any concerns or clarifications, please contact me at (951) 928-3777, extension 4278, or contact me by e-mail at backw@emwd.org. Sincerely, Warren Back Sr. Civil Engineer Facilities Planning WB:av Cc : Charlie Bachmann, AGM Joe Mouawad, Director of Engineering Jim Wyatt, Director of Field Engineering Z W W 0 U. Z W w Q 3 0 w J V W tt1 Q Z Q Z V 0 W W W N S M W 00000000oCD 0c 0 00000000000o-0 0. o~io 00000000 0 0 ot~o$ooooo00o v o act ao Ln 0 to <o o o o ao o 0 at CQ tA=IW0rthNco M)C~ ON i r to a C-4 04 r~ to N 00 NNMMdlNlER~rfHVldfd! O Vi 469 r ff! O 000 O CD o o O O O O O O O O O O O O O O O O C~[IOOGOCpOCOpOC a °a _ CND c 9 i °O t °a _ 00 O °o _ w O G ~"~ON NGpDto00N C%4 0%6% di Vt fit b} to eH JJJJLL]J~tlJlllW J~J to O 0 r r M V- N T- A T- N r r r r H d) 3 O S 7 L yyy O U Q ~ SLR ~ 0 3 r a oj3 C U. o .a (Lit a E U c~° c ° o t 0 21 ~U ~ = c a g o a tl m ~ ma ~a o m mV m E-1 0> io CO u u a c 4 o j .m . o X LU U _ CL 4) 0 C w ~ a„o ~•~0 caQ 0 CL ~ ~ co) am ~ ~ an 07 ca v W m c p 0 • r d o c v,a&O d''mE + a ` o G >.MO~~ d O in o a y E~ c x p d IL a in .m W V ° C u C/M~F-F- 0000V) M ~1r2 tQ+ ~ t0 ~tD 3~ 1~ :0 ° n° m C N ltl C 0 0 TA L W W c C~ C(j ULL1J rNM~~1tOt~aOalOrNN ~ r r r February 23, 2009 PA& Dana Schuma, Project Planner Wft City of Temecula Planning Department Post Office Box 9033 Temecula, CA 92589-9033 Board of Directors Ralph H. Daily President Lisa D. Herman Sr. Vice President Stephen J. Corona Ben R. Drake John E. Hoagland Lawrence M. Libeu William E. Plummer Officers Matthew G. Stone General Manager Phillip L. Forbes, CPA Assistant General Manager/ Treasurer Perry R. Louck Director of Planning Andrew L. Webster, P.E. Acting District Engineer Jeffrey D. Armstrong Chief Financial Officer Kelli E. Garcia District Secretary C. Michael Cowett Best Best & Krieger LLP General Counsel SUBJECT: WATER AND SEWER AVAILABILITY TENTATIVE PARCEL MAP NO. 36715 CLU ING DEVELOPMENT PLAN FOR 11-ACRE MULTI- MILY RESIDENTIAL AND CONDITIONAL USE PERMIT FOR 12- ACRE WATER PARK); PORTION OF PARCEL MAP NO. 1 OF PARCEL MAP NO. 4646; APN 909-370-002 [RC HOBBS COMPANY] Dear Ms. Schuma: Please be advised that the above-referenced project/property is located within the service boundaries of Rancho California Water District (RCWD). The subject project/property fronts an existing 12-inch diameter water pipeline (1305 Pressure Zone), an existing 20-inch diameter recycled water pipeline (1381 Pressure Zone), and an existing 15-inch diameter gravity sewer pipeline in Diaz Road. The subject project/property also fronts an existing 12-inch diameter water pipeline (1305 Pressure Zone), an existing 8-inch diameter recycled water pipeline (1381 Pressure Zone), and an existing 8-inch diameter gravity sewer pipeline in Dendy Parkway. Water/sewer service to the subject project/property does not currently exist. Additions or modifications to water/sewer service arrangements are subject to the Rules and Regulations (governing) Water/Sewer System Facilities and Service, as well as the completion of financial arrangements between RCWD and the property owner. Water availability is contingent upon the property owner(s) destroying all on-site wells and signing an Agency Agreement that assigns water management rights, if any, to RCWD. In addition, water availability is contingent upon the timing of the subject project/property development relative to water supply shortage contingency measures (pursuant to RCWD's Water Shortage Contingency Plan or other applicable ordinances). In accordance with Resolution 2007-10-5, the project/property will be required to use recycled water for all landscape irrigation, which should be noted as a condition for any subsequent development plans. Recycled water service, therefore, would be available upon construction of any required on-site and/or off-site recycled water facilities and the completion of financial arrangements between RCWD and the property owner. Requirements for the use of recycled water are available from RCWD. 08\C W :at008\F450\FEG Rancho California Water District 42135 Winchester Road • Post Office Box 9017 • Temecula, California 92589-9017 • (951) 296-6900 • FAX (951) 296-6860 Dana Schuma/City of Temecula February 23, 2009 Page Two As soon as feasible, the project proponent should contact RCWD for a determination of existing water/sewer system capability, based upon project-specific demands and/or fire flow requirements, as well as a determination of proposed water/sewer facilities configuration and sewer pretreatment requirements. If new facilities are required for service, fire protection, or other purposes, the project proponent should contact RCWD for an assessment of project-specific fees and requirements. If you should have any questions or need additional information, please contact an Engineering Services Representative at this office at (951) 296-6900. Sincerely, RAN HO CrALIFOR~NIA WATER DISTRICT Corey F. Wallace, P.E. Engineering Manager cc: Andrew Webster, Acting District Engineer Laurie Williams, Engineering Services Supervisor Pete Muserelli, Engineering Project Coordinator Amer Attar, Senior Engineer (City of Temecula) Greg Butter, Principal Engineer (City of Temecula) Robert Hobbs, RC Hobbs Company I 08\C W: at008\F450\FEG Rancho California water District 42135 Winchester Road - Post Office Box 9017 - Temecula, California 92589-9017 - (951) 296-6900 - FAX (951) 296-6860 Y smcda Wder Board of Directors Ralph H. Daily President Lisa D. Herman Sr. Vice President Stephen J. Corona Ben R. Drake John E. Hoagland Lawreuce.M. Libeu William E. Plummer Officers: Matthew G. Stone General Manager Phillip L. Forbes, CPA Assistant General Manager / Treasurer Perry R. Louck Director of Planning Andrew L. Webster, P.E. Acting District Engineer Jeffrey D. Armstrong Chief Financial Officer Kelli E. Garcia District Secretary C. Michael Cowett Rest Best & Krieger LLP General Counsel ~ LE k~~ [E adc MAR - 3 2009 D March 2, 2009 Annie Bostre-Le, P.E., Special Projects Engineer City of Temecula Public Works Department Post Office Box 9033 Temecula, CA 92589-9033 SUBJECT: DEVELOPMENT OF TENTATIVE PARCEL MAP NO. 36715 (INCLUDING DEVELOPMENT PLAN FOR 11-ACRE MULTI-FAMILY RESIDENTIAL AND CONDITIONAL USE PERMIT FOR 12-ACRE WATER PARK) PORTION OF PARCEL NO. 1 OF PARCEL MAP NO. 4646, APN 909-370-002 Dear Ms. Bostre-Le: With the City of Temecula's underlying ownership of the subject property and concurrent conditioning authority over the development of said project, Rancho California Water District (RCWD) has identified several items of concern, as they relate to proposed improvements to Diaz Road and Cherry Street, fronting the subject project/property. Such items of concern are listed as follows: 1. Site encroachment and impacts to RCWD Well No. 101 located at the southeast corner of Diaz Road and Cherry Street. 2. Site encroachment and access to RCWD property, generally located west of Murrieta Creek and north of Cherry Street. 3. Misalignment of Diaz Road right-of-way dedication at the boundary of the City of Temecula and City of Murrieta. Pursuant to the meeting of February 27, 2009, with staff present from the City of Temecula, City of Murrieta, and Rancho California Water District, RCWD understands that such items of concern will be addressed and resolved through additional (near-term) discussions and/or meetings with appropriate stakeholders. As soon as available, RCWD would like to review engineered plans and cross sections of proposed street improvements, to better define its facility and property impacts. 09\CW:Im010\FEG Rancho California Water District 42135 Winchester Road - Post Office Box 9017 - Temecula, California 92589-9017 - (951) 296-6900 - FAX (951) 296-6860 4 Letter to Annie Bostre-Le/Cit, (Temecula ' March 2, 2009 Page Two Thank you in advance for your prompt attention to address RCWD's concerns. Please direct all associated correspondence and inquiries to Engineering Project Coordinator Peter Muserelli at this office at (951) 296-6900. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Corey F. Wallace, P.E. Engineering Manager cc: Andrew Webster, P.E., Acting District Engineer Peter Muserelli, Engineering Project Coordinator Mike Calvert, Operations Project Manager Greg Butler, P.E., Public Works Director (City of Temecula) Amer Attar, Principal Engineer (City of Temecula) Dana Schuma, Project Planner (City of Temecula) Steve Tiritelli, JST Real Estate Services Robert Hobbs, RC Hobbs Company 09\CW:Im010\FEG Rancho California Water District 42135 Winchester Road - Post Office Box 9017 - Temecula, California 92589-9017 - 4951) 296-6900 - FAX (951) 296-6860 @ I 10dw W~a Board of Directors Ralph H. Daily President Lisa D. Herman Sr. Vice President Stephen J. Corona Ben R. Drake John E. Hoagland Lawrence M. Libeu William E. Plummer Officers Matthew G. Stone General Manager Phillip L. Forbes, CPA Assistant General Manager / Treasurer Perry R. Louck Director of Planning Andrew L. Webster, P.E. Acting District Engineer Jeffrey D. Armstrong Chief Financial Officer Kelli E. Garcia District Secretary C. Michael Cowett Best Best & Krieger LLP General Counsel June 9, 2009 Annie Bostre-Le, P.E., Special Projects City of Temecula Public Works Department Post Office Box 9033 Temecula, CA 92589-9033 SUBJECT: DIAZ ROAD IMPROVE ATED TO THE DEVELOPMENT OF TENTATIVE PARCEL MAP NO. 36715 (INCLUDING DEVELOPMENT PLAN FOR 11-ACRE MULTI-FAMILY RESIDENTIAL AND CONDITIONAL USE PERMIT FOR 12-ACRE WATER PARK PORTION OF PARCEL NO. 1 OF PARCEL MAP NO. 4646 APN 909-370-002 Dear Ms. Bostre-Le: Pursuant to Rancho California Water District's (RCWD) letter dated March 2, 2009 (copy enclosed), several RCWD facility and property impacts were identified as they relate to the proposed roadway improvements to Diaz Road and Cherry Street, fronting the subject City of Temecula (City) project/property. Subsequent to the meeting and discussion of May 27, 2009, RCWD also reviewed the City's proposed Diaz Road and Cherry Street improvement plans to better define and quantify RCWD's facility impacts. As currently designed, the City's proposed roadway improvements negatively impact several RCWD facilities residing within or adjacent to Diaz Road and Cherry Street. The City's proposed increase to the roadway finish surface (up to 14 additional feet at the intersection of Diaz Road and Cherry Street) will cause the relocation of RCWD's buried pipelines and appurtenant facilities within the Diaz Road corridor. As a result of the substantial increase to the depth of cover, RCWD's buried facilities would be subject to detrimental soil loads and/or inaccessibility issues for repair or maintenance activities. In addition, the City's proposed increase to roadway width (coupled with the increase to roadway finish surface) will cause the need to relocate RCWD's Well No. 101, which is presently located at the southeast corner of Diaz Road and Cherry Street. As designed, roadway improvements will substantially encroach into the Well No. 101 site, causing site access and operational problems, as well as non-conformance with the California Department of Public Health requirements affecting the well (site) configuration. RCWD facility relocations are depicted on the enclosed Budgetary Cost Estimate, with total relocation project costs estimated at just under $3.94 million. It is estimated that RCWD facility relocations outside of the City limits will comprise 5.6% of the total cost, while facility relocations within the City limits will comprise 94.4% of the total cost. Anticipated facility relocations are sizable in both cost magnitude and resource requirements; thus, the design and construction duration of such facility relocations is estimated to be two years. Rancho California Water District Anl ac {It:..,.1........~ D....A • D..~. na:... D.... nn17 • T.,.........1.. (`nl:f ...;n 07SA0.On1'I • (o-i 9oR_rOM • FAY lO~.11 90R_f.ARn Letter to Annie Bostre-Le/City of Temecula June 9, 2009 Page Two ROM understands that the City has based its proposed roadway improvements on provisional project information relating to the future Murrieta Creek Improvements and the future Cherry Street Bridge. With acknowledged uncertainty as to project timing and specific design parameters of the Murrieta Creek Improvements and the Cherry Street Bridge, it seems untimely for the City to construct ultimate roadway improvements to Diaz Road and Cherry Street, fronting the subject City project/property. Thus, RCWD respectfully requests that the City reconsider the scope of proposed roadway improvements to Diaz Road and Cherry Street fronting the subject City project/property due to the burden of noted RCWD facility impacts. Alternatively, RCWD requests that the City consider interim roadway improvements that would match existing road surface grades and the reduced roadway width, so as to greatly diminish (or eliminate) the need to relocate RCWD facilities. Interim roadway improvements would be in place until the future Murrieta Creek Improvements and/or the future Cherry Street Bridge project(s) proceed and ultimate conditions are more clearly defined. Thank you in advance for your prompt attention to address RCWD's concerns. Please direct all associated correspondence and inquiries to Engineering Project Coordinator Peter Muserelli at this office at (951) 296-6900. Sincerely, RANCHO CALIFORNIA WATER DISTRICT V Corey F. allace, P.E. Engineering Manager Enclosures cc: Andrew Webster, P.E., Acting District Engineer Peter Muserelli, Engineering Project Coordinator Mike Calvert, Operations Project Manager Dan York, City Engineer (City of Temecula) Dana Schuma, Project Planner (City of Temecula) 09\\CW.at025\F450\FEG Rancho California Water District Diaz Road/Cherry Street Facility Relocations Budgetary Cost Estimate item naevrintinn Otv Unit Unit Price Total Cost Jurisdiction 1 General Requirements (Bond, Insurance, PM, 1 LS NA $84,000 Permits, Mob/Demob) 2 Furnish and Install 24" Recycled Water Pipeline 200 LF $350 $70,000 Murrieta and Appurtenances 3 Furnish and Install 20" Recycled Water Pipeline 25 LF $300 $7,500 Murrieta and Appurtenances 4 , Furnish and Install 20" Recycled Water Pipeline 800 LF $300 $240,000 Temecula and Appurtenances 5 Furnish and Install 16" Potable Water Pipeline 100 LF $250 $25,000 Murrieta' and Appurtenances 6 Furnish and Install 16" Potable Water Pipeline 50 LF $250 $12,500 Temecula` and Appurtenances 7 , Furnish and Install 12" Potable Water Pipeline 800 LF $200 $160,000 Temecula and Appurtenances 8 Furnish and Install 14" Sewer Force Main 100 LF $250 $25,000 Murrieta Pipeline and Appurtenances 9 : furnish and Install 14" Sewer Force Main 800 LF $250 $200,000 Temecula Pipeline and Appurtenances 10 Furnish and Install Fiber Optic Cable and 100 LF $75 $7,500 Murrieta Appurtenances 11 furnish and Install Fiber Optic Cable and 800 LF $75 $60,000 Temecula Appurtenances 12 Furnish and Install 12""Gravity SewerPipeline 320 LF $300 $96,000 Temecula and Appurtenances 13 Drill and Equip New Well (No. 101) 1 LS $1;500,000 $1,500,000 Temecula Construction Subtotal: 5Z,487,5UU Construction Contingency @ 20%: $497,500 Construction Total: $2,985,000 Administrative & Engineering Fees (Envr, Design, CSS, etc) @ 20%: $597,000 Project Cost Subtotal: $3,582,000 Project Contingency @ 10%: $358,200 Total Estimated Project Cost: $3,940,200 (Rounded) $3,940,000 Facility Relocation Costs within City of Murrieta Jurisdiction Facility Subtotal (Basis) 135,000 5.6% Representative Project Costs $221,000 Facility Relocation Costs within City of Temecula Jurisdiction Facility Subtotal (Basis) 2,268,500 94.4% Representative Project Costs $3,719,000 PC RESOLUTION NO. 09- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA09-0041, A CONDITIONAL USE PERMIT WITH A DEVELOPMENT PLAN FOR A WATER PARK CONSISTING OF POOLS, SLIDES, AND OTHER TYPES OF WATER ATTRACTIONS, CONCESSION STANDS, GIFT SHOP, PARTY ROOM, LOCKER ROOMS, RESTROOMS, PICNIC AREAS, SERVICE YARD, AND PARKING LOT LOCATED AT THE NORTHWEST CORNER OF DENDY PARKWAY AND DIAZ ROAD (APN 909-370-002) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On February 5, 2009, Clearwater Development filed Planning Application No. PA09-0041, a Conditional Use Permit Application 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 August 19, 2009, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. D. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission approved Planning Application No. PA09-0041 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 Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that: Conditional Use Permit (Development Code Section 17.04.010E) 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 Public Institutional Facilities (PI) land use designation for the project site provides for a wide range of public and private uses to service the community. Based on the standards contained in the City's General Plan, Development Code, PDO-10, sports and recreation facilities are permitted with the approval of a Conditional Use Permit. The site is properly planned and zoned, and as conditioned, is physically suitable for the proposed water park. The project, as conditioned, is also consistent with other applicable requirements of State law and local Ordinances, including the California Environmental Quality Act (CEQA), and all applicable fire and building codes. B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures; The proposed water park is consistent with the surrounding uses and structures and will not adversely impact existing development because recreational uses already exist in the immediate area and do not conflict with surrounding industrial development. Directly north of the proposed project site is a sports park facility with soccer fields. To the east and south of the project site is Murrieta Creek Channel, including a public recreation trail that runs along Diaz Road within the Business Park area. The General Plan land use designation for the proposed site allows for a range of uses that benefit the community as a whole. In addition, the water park will only be open approximately four months of the calendar year, which will greatly reduce any impacts on businesses in the immediate area resulting from development of the project site. With existing recreational uses already existing in the area and the short term operation season, the water park will not adversely affect adjacent uses or structures. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in this Development Code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood; The project proposes a water park on a 19.7 acre site. The water park feature area and associated parking lot is approximately 17 acres. The proposed project meets all Development Code regulations in regards to floor area ratio, lot coverage, setbacks, height regulations, and parking requirements, therefore the site is adequate in size and shape to accommodate the required water park development features. Over thirty percent (30%) of the site will be landscaped, and an approximate 25 foot landscaped setback and buffer area as been provided along Dendy Parkway to soften, screen, and integrate the use. D. The nature of the proposed conditional use is not detrimental to the health, safety, and general welfare of the community; The project is in compliance with the Development Code, Universal Building Code (UBC), and Fire Prevention Code requirements. The proposed water park is not detrimental to the heath, safety, or general welfare of the community. In addition, the circulation and drive aisle widths will be adequate to provide access for the Fire Department in an emergency situation. E. That the decision to conditionally approve the application for a Conditional Use Permit be based on substantial evidence in view of the record as a whole before the Planning Commission; The decision to conditionally approve the application has been based on substantial evidence in view of the record as a whole. Development Plan (Development Code Section 17.05.010F) F. 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 processed and designed in a manner that it is consistent with the applicable policies and standards for development within the Public Institutional Facilities (PI) land use designation and Temecula Education Center Planned Development Overlay (PDO-10) zoning district. The proposed water park is conditionally permitted in the PDO-10 zone. The site is properly planned and zoned, and as conditioned, is physically suitable for the proposed water park. The project, as conditioned, is also consistent with other applicable requirements of State law and local ordinances, including the California Environmental Quality Act (CEQA), the City Wide Design Guidelines, and fire and building codes. G. 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, circulation, structure height, setbacks, parking, and other associated site improvements are intended to protect the health and safety of those working and visiting in and around the water park facility. The project is consistent with all applicable policies, guidelines, standards and regulations intended to ensure that the water park development will be constructed, and function in a manner consistent with the public health, safety, and welfare. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Conditional Use Permit Application, A. Pursuant to California Environmental Quality Act ("CEQA), an Initial Study of the potential environmental effects of the approval of the Conditional Use Permit Application, as described in the Initial Study ("the Project") has been prepared for the project. Based upon the findings contained in the Initial Study, there is no substantial evidence that the Project will have a significant effect on the environment and a Mitigated Negative Declaration has been 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 July 28, 2009, and expired on August 16, 2009. 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. No written comments in response to the circulated Mitigated Negative Declaration were received prior to the public hearing. D. The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the (Mitigated) Negative Declaration prior to and at the August 19, 2009, 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) Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. E. Based on the findings set forth in the Resolution, the Planning Commission hereby adopts the Mitigated Negative Declaration prepared for this project. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA09-0041, a Conditional Use Permit with a Development plan for a water park located at the northwest corner of Dendy Parkway and Diaz Road, 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 19th day of August 2009. Stanley Harter, Chairman ATTEST: Patrick Richardson, Secretary [SEAL] STATE OF CALIFORNIA } COUNTY OF RIVERSIDE }ss CITY OF TEMECULA } I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 09- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 19th day of August 2009, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS ABSENT: PLANNING COMMISSIONERS ABSTAIN: PLANNING COMMISSIONERS Patrick Richardson, Secretary EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA09-0041 Project Description: A Conditional Use Permit with a Development plan for a water park consisting of pools, slides, and other types of water attractions, concession stands, gift shop, party room, locker rooms, restrooms, picnic areas, service yard, and parking lot located at the northwest corner of Dendy Parkway and Diaz Road Assessor's Parcel No.: 909-370-002 MSHCP Category: Commercial DIF Category: Commercial TUMF Category: Retail Commercial Approval Date: August 19, 2009 Expiration Date: August 19, 2011 PLANNING DEPARTMENT Within 48 Hours of the Approval of This Project PL-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 Two Thousand Fifty- Seven Dollars ($2,057.00) which includes the One Thousand Nine Hundred Ninety- Three Dollar ($1,993.00) 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 or 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 due to failure of condition [Fish and Game Code Section 711.4(c)]. General Requirements PL-2. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. PL-3. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL-4. 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. PL-5. The Planning Director 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. PL-6. The project and all subsequent projects within this site shall comply with all mitigation measures identified within the approved Mitigation Monitoring Program. PL-7. A separate building permit shall be required for all signage. PL-8. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. PL-9. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Planning Director. If it is determined that the landscaping is not being maintained, the Planning Director shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. PL-10. The applicant shall paint a three-foot by three-foot section of the building for Planning Department inspection, prior to commencing painting of the building. PL-11. The applicant shall submit to the Planning Departmentfor permanentfiling 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. PL-12. 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 staff's 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 Exterior Building Paint COLOR Dunn Edwards DEA105 Cherry Bomb DEA177 Holly Brush DE5291 Marigold DE5887 Admiral Blue DEW340 Whisper PL-13. All buildings, mechanical structures, slides, and attractions must meetthe 40foot height requirement (including all future development). PL-14. Trash enclosures shall be provided to house all trash receptacles utilized on the site. These shall be clearly labeled on site plan. PL-15. If construction is phased, a construction staging area plan or phasing plan for construction equipment and trash shall be approved by the Planning Director. PL-16. The applicant shall work with the City of Temecula to tryto provide park and ride spaces during the months when the water park is not operational. PL-17. The applicant shall comply with their Statement of Operations dated February 5, 2009, on file with the Planning Department, unless superseded by these Conditions of Approval. PL-18. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. PL-19. The City, its Planning Director, Planning Commission, and City Council retain and reserve the right and jurisdiction to review and modify this Conditional Use Permit (including the Conditions of Approval) based on changed circumstances. Changed circumstances include, but are not limited to, the modification of business, a change in scope, emphasis, size of nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Planning Director, Planning Commission and City Council is in addition to, and not in- lieu of, the right of the City, its Planning Director, Planning Commission, and City Council to review, revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit or far the maintenance of any nuisance condition or other code violation thereon. PL-20. The hours of operation for the water park shall be 10:00 a.m. to 8:00 p.m., Monday through Sunday, unless a modification of this Conditional Use Permit is approved. PL-21. The water park operating season shall be limited to Memorial Day to Labor Day. The park may open before and after Memorial/Labor Day up to a maximum of 60 days per calendar year, unless a modification of this Conditional Use Permit is approved. PL-22. Parking attendants shall assist in the directing of ingress/egress traffic flow at all times during hours of operation. Prior to Issuance of Grading Permit(s) PL-23. 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. PL-24. Double detector check valves shall be installed internal to the project site at locations not visible from the public right-of-way, subject to review and approval by the Planning Director. PL-25. The recommendations contained in soils report(s) and geotechnical report shall be implemented (MM No. 21). PL-26. The Applicant shall submit to the Public Works Department an erosion control plan prepared in accordance with the requirements of the Temecula Municipal Code, Section 18.15, Erosion and Sediment Control (MM No. 22). PL-27. 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 Planning Director at his/hersole discretion may require the property owner to deposit a sum of money it deems reasonably necessary to allow the City to consult and/or authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the discovery is not an archaeological/ cultural resource, the Planning Director 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 Planning Director shall notify the property owner that no further excavation or development maytake place until a mitigation plan or other corrective measures have been approved by the Planning Director." PL-28. Prior to the issuance of grading permits, the project proponent shall enter into a Treatment Agreement with the Pechanga Band of Luiseno Indians. This agreementwill address the treatment and disposition of cultural resources and human remains that may be uncovered during construction as well as provisions for tribal monitors (MM No. 7). PL-29. 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 (MM No. 8). PL-30. 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 anew find, further testing, excavation, and/or reporting may be required (MM No. 9). PL-31. If human remains are encountered, all activity shall cease and the County Coroner must be notified immediately. State Health and Safety Code Section 7050.5 state that no further disturbance 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 (MM No. 10). PL-32. If inadvertent discoveries of subsurface archaeological/ cultural resources are discovered during grading, the City, the Project applicant and the Tribe shall assess the significance of such resources and shall meet and confer regarding the mitigation for such resources. If the Project applicant and the Tribe cannot agree on the significance or the mitigation for such resources, these issues will be presented to the City of Temecula Director of Planning and Redevelopment for decision. The City of Temecula Director of Planning and Redevelopment shall make determination based on the provisions of the California Environmental Quality Act (CEQA) 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 Director of Planning and Redevelopment shall be appealable to the City Council (MM No. 11). PL-33. The landowner shall agree to relinquish ownership of all cultural resources, including all Luiseno sacred items, burial goods and all archeological artifacts that are found on the project site to the Pechanga Band of Luiseno Indians for proper treatment and disposition (MM No. 12). PL-34. All sacred sites within the project area are to be avoided and preserved (MM No. 13). PL-35. The approximate 1.8 acre area of cultural site CA-RIV-237 located in the northwest corner of Planning Application Nos. PA09-0040 and PA09-0041 shall be preserved in Open Space and recorded with the County Recorder of Riverside County as a conservation easement for preservation purposed in perpetuity. Prior to the issuance of grading permits, the City and the Tribe will develop an accurate legal description of the area to be avoided for use in recording the Open Space and conservation easement. The 1.8 acres of CA-RIV 237 shall not be subject to development, archeological testing or ground-disturbing activities (MM No. 14). PL-36. All impacts to the sandstone and fanglomerate members of the Pauba Formation shall 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 (MM No. 15). PL-37. Upon encountering any significant fossils, salvage of all fossils in the area shall be conducted with additional field staff and in accordance with modern paleontological techniques (MM No. 16). PL-38. Any significant fossils recovered shall be prepared to a reasonable point of identification. Excess sediment or matrix will be removed from the specimens to reduce the bulk and cost of storage. Itemized catalogs of all material collected and identified shall be provided to the museum repository along with the specimens (MM No. 17). PL-39. Prior to the issuance of a grading permit, a report documenting the results of the monitoring and any salvage activities and the significance of the fossils shall be prepared (MM No. 18). PL-40. Any significant fossils recovered, along with the itemized inventory of the specimens, shall be deposited in a museum repositoryfor permanent curation and storage (MM No. 19). PL-41. A 30-day preconstruction survey, in accordance with MSHCP guidelines and survey protocol, shall be conducted prior to ground disturbance. The results of the 30-day preconstruction survey shall be submitted to the Planning Department prior to scheduling the pre-grading meeting with Public Works. PL-42. The following shall be included in the Notes Section of the Grading Plan: "No grubbing/clearing of the site shall occur prior to scheduling the pre-grading meeting with Public Works. All project sites containing suitable habitat for burrowing owls, whether owls were found or not, require a 30-day preconstruction surveythat shall be conducted within 30 days prior to ground disturbance to avoid direct take of burrowing owls. If the results of the survey indicate that no burrowing owls are present on-site, then the project may move forward with grading, upon Planning Department approval. If burrowing owls are found to be present or nesting on-site during the preconstruction survey, then the following recommendations must be adhered to: Exclusion and relocation activities may not occur during the breeding season, which is defined as March 1 through August 31, with the following exception: From March 1 through March 15 and from August 1 through August 31 exclusion and relocation activities may take place if it is proven to the City and appropriate regulatory agencies (if any) that egg laying or chick rearing is not taking place. This determination must be made by a qualified biologist." PL-43. A copy of the Rough Grading Plans shall be submitted and approved by the Planning Department. PL-44. The project shall be responsible for fair-share participation for implementation of system improvements along Winchester Road, Ynez Road, and Jefferson Avenue (MM No. 27). Prior to Issuance of Building Permit(s) PL-45. 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. PL-46. All downspouts shall be internalized. PL-47. Four 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 appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal) and one copy of the approved Grading Plan. PL-48. The Landscaping and Irrigation Plans shall 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. PL-49. The Landscaping and Irrigation Plans shall include a note stating that "Three landscape site inspections are required. The first inspection will verifythatthe 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 third inspection will verify proper landscape maintenance for release of the one year landscape maintenance bond." The applicant/owner shall contact the Planning Department to schedule inspections. PL-50. The Landscaping and Irrigation Plans shall include a note on the plans stating that "The contractor shall provide two copies of an agronomic soils report at the first irrigation inspection." PL-51. The Landscaping and Irrigation Plans shall include water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance), the total cost estimate of plantings and irrigation (in accordance with approved plan), and the locations of all existing trees that will be saved consistent with the Tentative Map. PL-52. 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. PL-53. Specifications of the landscape maintenance program shall indicate that "Three landscape site inspections are required. The first inspection will verifythat 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 third inspection will verify proper landscape maintenance for release of the one year landscape maintenance bond." The applicant/owner shall contact the Planning Department to schedule inspections. PL-54. All WQMP treatment devices, including design details, shall be shown on the construction landscape plans. If revisions are made to the WQMP design that result in any changes to the conceptual landscape plans after entitlement, the revisions will be shown on the construction landscape plans, subject to the approval of the Planning Director. PL-55. Solar equipment or any other energy saving devices shall be permitted with Planning Director approval. PL-56. 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 bythe 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. PL-57. 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. PL-58. 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. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit PL-59. An applicant shall submit a letter of substantial conformance, subject to field verification by the Planning Director or his/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 priorto scheduling for the final inspection. PL-60. The applicant shall be required to screen all loading areas and roof mounted mechanical equipmentfrom 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 reviewed and approved by the Planning Director. PL-61. 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 Planning Director. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. PL-62. Performance securities, in amounts to be determined by the Planning Director, to guarantee the maintenance of the plantings in accordance with the approved construction landscape and irrigation plan shall be filed with the Planning Department for a period of one year from final Certificate of Occupancy. After that year, if the landscaping and irrigation system have been maintained in a condition satisfactory to the Planning Director, the bond shall be released upon request by the applicant. PL-63. Each parking space reserved for the handicapped shall be identified by a permanently affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parking space at a minimum height of 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off-street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating the following: "Unauthorized vehicles parked in designated accessible spaces not displaying distinguishing placards or license plates issued for persons with disabilities may be towed away at owner's expense. Towed vehicles may be reclaimed by telephoning (951) 696-3000." PL-64. 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. PL-65. All site improvements including but not limited to parking areas and striping shall be installed. PL-66. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. OUTSIDE AGENCIES PL-67. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated February 18, 2009, a copy of which is attached. BUILDING AND SAFETY DEPARTMENT General Conditions/information B-1. Obtain street addressing for all proposed buildings. B-2. 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. B-3. Provide details of all applicable disabled access provisions and building setbacks on plans. B-4. Provide disabled access from the public way to the main entrance of the building. B-5. Provide van accessible parking located as close as possible to the main entry. B-6. Show path of accessibility from parking to furthest point of improvement. B-7. 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. B-8. Obtain all building plans and permit approvals prior to commencement of any construction work. B-9. Commercial and industrial project trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. B-10. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, as allowed by the City of Temecula Ordinance Number 94-21, specifically Section G(1) of Riverside County Ordinance Number 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. B-11. 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. At Plan Review Submittal B-12. Provide a complete exterior site lighting plan showing compliance with Ordinance Number 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 aimed not to shine directly upon adjoining property or public rights-of-way. B-13. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. B-14. Provide number and type of restroom fixtures, to be in accordance with the provisions of the 2007 edition of the California Plumbing Code. B-15. Provide precise grading plan to verify accessibility for persons with disabilities. B-16. Provide truss calculations that have been stamped by the engineer of record of the building and the truss manufacturer engineer. Prior to Issuance of Building Permit(s) B-17. Provide appropriate stamp of a registered professional with original signature on plans. Prior to Beginning of Construction B-18. A pre-construction meeting is required with the building inspector priorto the start of the building construction. COMMUNITY SERVICES DEPARTMENT General Conditionslinformation CS-1. The trash area shall include recycling bins, as well as, regular solid waste containers. CS-2. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul demolition and construction debris. CS-3. The developer shall contact the maintenance superintendent for a pre-design meeting to discuss design perimeters and obtain Temecula Community Services District Landscape Standards. The median landscape plans submitted for consideration for TCSD maintenance shall be in conformance with the TCSD Landscape Standards. CS-4. Construction of the landscaped median shall commence pursuant to a pre-construction meeting with the developer, TCSD maintenance superintendent, Building and Safety inspector and Public Works inspector. Developer shall comply with City and TCSD review and inspection processes. CS-5. The developer, the developer's successor or assignee, shall be responsible for the maintenance of the landscaped median until such time as those responsibilities are accepted by the TCSD or other responsible party. CS-6. The applicant shall comply with the Public Art Ordinance. CS-7. All parkways, including within the right-of-way, entryway median, landscaping, walls, fencing, and on-site lighting shall be maintained by the property owner. CS-8. All costs associated with the relocation of any existing streetlights shall be paid for by the developer. CS-9. The property owner shall comply with all requirements of AB 2176 for recycling and provide the City annual reports. Prior to Issuance of Building Permit(s) CS-10. Prior to the first building permit or installation of additional streetlights, which ever occurs first, the developer shall complete the TCSD application, submit an approved Edison Streetlight Plan and pay the advanced energy fees. CS-11. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. CS-12. The landscape construction drawings for the landscaped median shall be reviewed and approved by the Director of Community Services. CS-13. The developer shall post security and enter into an agreement to install the landscaped median. Prior to Issuance of Certificate of Occupancy CS-14. The landscaped median shall be completed to the satisfaction of the Director of Community Services FIRE PREVENTION General Requirements F-1. Final fire and life safety conditions will be addressed when building plans are reviewed bythe 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. F-2. 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 for a 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). F-3. 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/" 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 hydrants in the system (CFC Appendix C and Temecula City Ordinance 15.16.020, Section R). F-4. 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 (CFC Chapter 5, Section 508.5). F-5. If construction is phased, each phase shall provide approved access and fire protection prior to any building construction (CFC Chapter 5, Section 503.4) Prior to Issuance of Grading Permit(s) F-6. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be with a surface 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. (CFC Chapter 5, Section 503.2, 503.4 and City Ordinance 15.16.020 Section E). F-7. 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 Chapter 5, Section 503.2, 503.4 and City Ordinance 15.16.020 Section E). F-8. Load limits need to be indicated and approved by the Fire Department for vehicle access for the bridge access to the Rain Fortress area of the water park. F-9. Emergency secondary access is required for this facility. Secondary access must be a minimum of 24-feet in width and be all weather access paved road with a GVW of 80,000 lbs. F-10. The gradient for fire apparatus access roads shall not exceed 15 percent (CFC Chapter 5, Section 503.2.7. and City Ordinance 15.16.020 Section E). F-11. This development shall maintain two points of access, via all-weather surface roads, as approved by the Fire Prevention Bureau (CFC Chapter 5, Section 503.1.2). F-12. Dead end roadways and streets in excess of 150 feet which have not been completed shall have a turnaround capable of accommodating fire apparatus (CFC Chapter 5, Section 503.2.5 and City Ordinance 15.16.020 Section E). Prior to Issuance of Building Permit(s) F-13. The developer shall furnish three copies 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 (CFC Chapter 14, Section 1412 and Chapter 5, Section 501.3). F-14. 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. These plans must be submitted but not approved prior to the issuance of the building permit. F-15. 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. These plans must be submitted but not approved prior to the issuance of the building permit. Prior to Issuance of Certificate of Occupancy F-16. Hydrant locations shall be identified by the installation of reflective markers (blue dots) per City Ordinance 15.16.020 Section E. F-17. 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 6- inch high letters and/or numbers on both the front and rear doors (CFC Chapter 5, Section 505.1 and City Ordinance 15.16.020 Section E). F-18. A directory display monument sign shall be required for the water park complex. The sign will be a diagrammatic layout of the complex which indicates the locations of the slides as well as the fire department access route to these areas located within the facility. Location of the sign and design specifications shall be submitted to and be approved by the Fire Prevention Bureau prior to installation. F-19. 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 Chapter 5, Section 506). F-20. 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 Chapter 5, Section 506). F-21. 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 Chapter 5, Section 503.3). F-22. The developer/applicant shall be responsible for obtaining underground and/or aboveground tank permits for the storage of combustible liquids, flammable liquids or any other hazardous materials from both the County Health Department and Fire Prevention Bureau (CFC Chapter 34 and City Ordinance 15.16.020). F-23. The applicant shall submit for review and approval by the City Fire Department a Hazardous Material Inventory Statement. A full hazardous materials inventory report and color coded floor plan is required for any building storing or using hazardous materials (CFC Chapters 28 through 44, Appendix Chapter 1 and City Ordinance 15.16.020). F-24. 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. Contact Fire Prevention for approval of alternative file formats which may be acceptable. POLICE DEPARTMENT General Requirements PD-1. Applicant shall ensure all landscaping surrounding all buildings are kept at a height of no more than three feet or below the ground floor windowsills. Plants, hedges and shrubbery shall be defensible plants to deter would-be intruders from breaking into the buildings utilizing lower level windows. PD-2. Applicant shall ensure all trees surrounding all building rooftops be kept at a distance to deter roof accessibility by "would-be burglars." Since trees also act as a natural ladder, the branches must be pruned to have a six-foot clearance from the buildings. PD-3. Berms shall not exceed three feet in height. PD-4. All parking lot lighting surrounding the complex shall be energy saving and minimized after hours of darkness and in compliance with the State of California Lighting Ordinance, California Government Code 8565. PD-5. All exterior lighting to be in compliance with Mount Palomar Lighting Ordinance 665 requiring low pressure sodium lighting. PD-6. All exterior doors to have their own vandal resistant fixtures installed above each door. The doors shall be illuminated with a minimum one-foot candle illumination at ground level, evenly dispersed. PD-7. All exterior night lighting shall be wall mount light fixtures to provide sufficient lighting during hours of darkness. PD-8. Applicant shall comply with the Governor's order to address the power crisis. This order became effective March 18, 2001 calling 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." Failure to comply with this order following a warning by law enforcement officials shall be punishable as a misdemeanor with a fine not to exceed $1000 in accordance with Section 8565 of the California Government Code. PD-9. All doors, windows, locking mechanisms, hinges, and other miscellaneous hardware shall be commercial or institution grade. PD-10. Any graffiti painted or marked upon the buildings must be removed or painted over within 24 hours of being discovered. Report all such crimes to the Temecula Police 24- hour dispatch Center at (951) 696-HELP. PD-11. Upon completion of construction, the buildings shall have a monitored alarm system installed and monitored 24 hours a day by a designated private alarm companyto notify the Temecula Police Department of any intrusion. All multi-tenant offices/suites/businesses located within a specific building shall have their own alarm system. This condition is not applicable if the business is opened 24/7. PD-12. All roof hatches shall be painted "International Orange." PD-13. Any public telephones located on the exterior of the buildings shall be placed in a well- lit, 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. PD-14. All disabled parking stalls on the premises shall be marked in accordance with Section 22511.8 of the California Vehicle Code. PD-15. 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. PD-16. 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. PD-17. 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. PD-18. 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. PD-19. Applicant will comply with the Temecula City Ordinance 97-07, (9.14.010 Temecula Municipal Code series). PD-20. Identification will be verified utilizing one of the following: (a) valid California driver's license; (b) valid California identification card; (c) valid military identification card (active/reserve/retired/dependent), (d) valid driver's license from anyof the 50 States or Territories of the United States; (e) valid U.S. Passport; (f) valid government issued identification card issued by a Federal, State, and County or City agency. PD-21. As noted above, only a valid government issued identification card issued bya Federal, State, County or City agency is acceptable, providing it complies with 25660 of the Business and Profession Code (B&P), which includes the following requirements: (a) name of person; (b) date of birth; (c) physical description; (d) photograph; (e) currently valid (not expired). PD-22. Businesses desiring a business security survey of their location can contact the Crime Prevention and Plans Unit of the Temecula Police Department. PD-23. The Temecula Police Department affords all retailers the opportunity to participate in the "Inkless Ink Program." At a minimal cost of less that $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. PD-24. Crime prevention through environmental design as developed by the National Crime Prevention Institute (NCPI) supports the concept that "the proper design and effective use of the built environment can lead to a reduction in the fear and incidence of crime and an improvement in the quality of life." The nine primary strategies that support this concept are included as conditions below: a. Provide clear border definition of controlled space. Examples of border definition may include fences, shrubbery or signs in exterior areas. Within a building, the arrangement of furniture and color definition can serve as a 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. Gathering or congregating areas 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. 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. Redesign 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 award 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. PUBLIC WORKS DEPARTMENT General Requirements PW-1. Unless otherwise noted, all conditions shall be completed bythe developer at no costto 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. PW-2. 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. PW-3. 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. PW-4. 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. PW-5. 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 off site or entering any storm drain system or receiving water. PW-6. 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 Best Management Practices, (BMPs) source controls, and treatment mechanisms. Prior to Issuance of Grading Permit(s) PW-7. A copy of the grading and improvement plans, along with supporting hydrologic and hydraulic calculations shall be submitted to the Riverside County Flood Control and Water Conservation District for approval. PW-8. A permit from Riverside County Flood Control and Water Conservation District is required for work within their right-of-way. PW-9. A grading plan shall be prepared by a registered civil engineer in accordance with City of Temecula standards, and shall be reviewed and approved by the Department of Public Works prior to the commencement of grading. The grading plan shall include all necessary erosion control measures needed to adequately protect the site (public and private) and adjoining properties from damage due to erosion. PW-10. 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 in accordance with Grading Ordinance Section 18.24.120. PW-11. A Soils Report shall be prepared by a registered soil or civil engineer and submitted to the Department of Public Works with the initial grading plan check. The report shall address all soil conditions of the site, and provide recommendations forthe construction of engineered structures and pavement sections. PW-12. A Geological Report shall be prepared by a qualified engineer or geologist and submitted to the Department of Public Works with the initial grading plan check. The report shall address special study zones and the geological conditions of the site, and shall provide recommendations to mitigate the impact of ground shaking and liquefaction. PW-13. A Drainage Study shall be prepared by a registered civil engineer and submitted to the Department of Public Works with the initial grading plan check. The study shall identify storm water runoff quantities expected from the development of this site and upstream of the site. It shall identify all existing or proposed off site or on-site, public or private, drainage facilities intended to discharge this runoff. Runoff shall be conveyed to an adequate outfall capable of receiving the storm water runoff without damage to public or private property. The study shall include a capacity analysis verifying the adequacy of all facilities. Any upgrading or upsizing of drainage facilities necessary to convey the storm water runoff shall be provided as part of development of this project. The basis for analysis and design shall be a storm with a recurrence interval of 100 years. The maximum amount of discharge from the Parcel Map No. 36175 cannot exceed the allowable volume of runoff of the existing downstream facility/pipe as identified on approved plans for Parcel Map No. 28657-1. Should onsite detention be required for this map, it should be proportionately allocated between Parcel 1 and Parcel 2. PW-14. Construction-phase pollution prevention controls shall be consistent with the City's Grading, Erosion and Sediment Control Ordinance and associated technical manual, and the City's standard notes for Erosion and Sediment Control. PW-15. 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. PW-16. As deemed necessary by the Department of Public Works, the developer shall receive written clearance from the following agencies: a. City of Murrieta b. San Diego Regional Water Quality Control Board c. Army Corp of Engineers d. Department of Fish and Game e. Planning Department f. Department of Public Works g. Riverside County Health Department h. Community Services District, or other affected agencies PW-17. 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. PW-18. Permanent landscape and irrigation plans shall be submitted to the Planning Department and the Department of Public Works for review and approval. PW-19. 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. PW-20. The developer shall obtain letters of approval for any off site work performed on adjoining properties. The letters shall be in format as directed by the Department of Public Works. PW-21. The developer must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent (NOI) has been filed or the project is shown to be exempt. PW-22. The site is in an area identified on the Flood Insurance Rate Map. This project shall comply with Chapter 15.12 of the Temecula Municipal Code which may include obtaining a Letter of Map Revision from FEMA. A Flood Plain Development Permit shall be submitted to the Department of Public Works for review and approval. Prior to Issuance of Building Permit(s) PW-23. Parcel Map No. 36175 shall be approved and recorded. PW-24. Improvement plans shall conform to applicable City of Temecula Standards subject to approval by the Department of Public Works. The following design criteria shall be observed: Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum overA.C. paving. Driveways shall conform to the applicable City of Temecula Standard Number 207A. c. Streetlights shall be installed along the public streets adjoining the site in accordance with City of Temecula Standard Number 800. d. Concrete sidewalks and ramps shall be constructed along public street frontages in accordance with City of Temecula Standard Number 400. e. Improvement plans shall extend 300 feet beyond the project boundaries. f. All street and driveway center line intersections shall be at 90 degrees. Public street improvement plans shall include plans and profiles showing existing topography, utilities, proposed centerline, top of curb and flowline grades. 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. PW-25. The developer shall design and construct all public improvements outlined in these conditions to City of Temecula General Plan standards unless otherwise noted. Plans shall be reviewed and approved by the Department of Public Works. Dendy Parkway (Major Arterial (4 lanes divided) Highway Standard No. 101-100' R/W) between Diaz Road and the westerly property boundaryto include dedication of half-width street right-of-way, installation of half-width street improvements, paving, curb and gutter, sidewalk, streetlights, drainage facilities, signing (include No Parking) and striping, and utilities (including but not limited to water and sewer). All street improvement designs shall provide adequate right-of-way and pavement transitions per Caltrans' standards for transition to existing street sections. PW-26. The developer shall construct all public improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works including street improvements, which may include, but not limited to, pavement, curb and gutter, sidewalk, drive approaches; streetlights, signing, striping, sewer and water systems; undergrounding of proposed utility distribution lines; and storm drain facilities. PW-27. A construction area Traffic Control Plan shall be designed by a registered civil or traffic engineer and reviewed by the Department of Public Works for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. PW-28. 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. PW-29. 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. PW-30. The developer shall record a written offer to participate in, and waive all rights to object to the formation of an Assessment District, a Community Facilities District, or a Bridge and Major Thoroughfare Fee District for the construction of the proposed Western Bypass Corridor in accordance with the General Plan. The form of the offer shall be subject to the approval of the City Engineer and City Attorney. PW-31. 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 Certificate of Occupancy PW-32. The Developer shall complete all public improvements as outlined in these conditions of approval and per City of Temecula standards or as approved by the Director of Public Works. Dendy Parkway from Diaz Road to the westerly property boundary to include installation of half-width street improvements, paving, curb and gutter, sidewalk, streetlights, drainage facilities, signing (include No Parking) and striping, and utilities (including but not limited to water and sewer). PW-33. The project shall demonstrate the pollution prevention BMPs outlined in the WQMP have been constructed and installed in conformance with approved plans and are ready for immediate implementation. PW-34. As deemed necessary by the Department of Public Works the developer shall receive written clearance from Rancho California Water District, Eastern Municipal Water District, or other affected agencies. PW-35. The existing improvements shall be reviewed. Any appurtenance damaged or broken shall be repaired or removed and replaced to the satisfaction of the Department of Public Works. PW-36. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by the Department of Public Works. L~ COU,4I7Y OF RIVERSIDE • COMMUATY City of Temecula Planning Department c/o Dana Schuma PO BOX 9033 Temecula, CA 92589-9033 18 February 2009 RE: PA09-0041 The Department of Environmental Health (DEH) has received and reviewed the PA09- 0041 Development Plan with a Conditional Use Permit to construct a 29,580 square foot water park ( TPM 36175, APN 909-370-002) (related Planning Application PA09-0039 and PA09-0059), under the applicant: Clearwater Development Swimming Pools: (includes Wave Pool, Lazy River, Tube Slides and Boomerango Pool) will be required to have our department's review of the plans and specifications for all l operations of these facilities. Please contact the DEH, Supervising REHS, Bonnie Dierking at 951.461.0284 or fax 951.461.0245. Food Facilities: (includes the Party Barn kitchen-and-all food service areas) will be required to have our department's review of the plans and specifications of all operations of these facilities. Bonnie Dierking's offices in Murrieta are located at 38740 Sky Canyon Drive, Suite A, Murrieta Ca 92563. The Development Plan application for the 12 acre parcel has water and sewer availability in Dendy Parkway and Diaz Road by the RCWD and the EMWD purveyors. The City of Temecula shall require current will serve letters from the purveyors at time of Building permit issuance. If your have any questions, please do not hesitate to call me at 951.955.8980 Sincerely, Neggorellenbach, REHS EHS090162 Local Enforcement Agency • P.O. Box 1280, Riverside, CA 92502-1280 - (951) 955-8982 - FAX (951) 781-9653 4080 Lemon Street, 9th Floor, Riverside, CA 92501 Land Use and Water Engineering - P.O. Box 1206, Riverside, CA 92502-1206 (951) 955-8980 • FAX (951) 955-8903 - 4080 Lemon Street, 2nd Floor, Riverside, CA 92501 City of Temecula Community Development Planning Division Notice of Proposed Negative Declaration PROJECT: Splash Canyon Waterpark APPLICANT: Clearwater Development LOCATION: Northwest corner of Dendy Parkway and Diaz Road, City of Temecula, County of Riverside DESCRIPTION: The project consists of a Tentative Parcel Map (PA09-0040) and a Conditional Use Permit (PA09-0041). The Tentative Parcel Map (TPM 36175) proposes to subdivide a 35 acre site into three parcels, one 19.7 acre parcel, one 11.3 acre parcel, and a 4.0 acre parcel to be dedicated for public improvements. The Conditional Use Permit proposes to develop a 15 acre water park consisting of pools, slides, and other types of water rides, concession stands, gift shop, party room, locker rooms, restrooms, picnic areas, service yard, and parking lot. The City of Temecula intends to adopt a Negative Declaration for the project described above. Based upon the information contained in the attached Initial Environmental Study and pursuant to the requirements of the California Environmental Quality Act (CEQA); it has been determined that this project as proposed, revised or mitigated will not have a significant impact upon the environment. As a result, the Planning Commission intends to adopt a Negative Declaration for this project. The mitigation measures required to reduce or mitigate the impacts of this project on the environment are included in the project design and/or the Mitigation Monitoring Program which is attached to this Notice and will be included as part of the Negative Declaration for this project. The Comment Period for this proposed Negative Declaration is July 28, 2009 to August 16, 2009. Written comments and responses to this notice should be addressed to the contact person listed below at the following address: City of Temecula, P.O. Box 9033, Temecula, CA 92589-9033. City Hall is located at 43200 Business Park Drive. The public notice of the intent to adopt this Negative Declaration is provided through: ®The Local Newspaper ®Posting the Site ❑Notice to Adjacent Property Owners If you need additional information or ve any questions concerning this project, please contact Dana Schuma at (951) 693-3928. Prepared by: Associate Planner (Signature) (Title) City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 Environmental Checklist Project Title Splash Canyon Water ark PA09-0040 and PA09-0041 Lead Agency Name and Address City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 Contact Person and Phone Number Dana Schuma, Associate Planner 951 693-3928 Project Location The project site is located west of Murrieta Creek, west of and abutting an unpaved section of Diaz Road, and north of Dendy Parkway in the City of Temecula, County of Riverside, California. It is within Port. Sec. 34, Township 7 and Range 3 West of the U.S. Geological Survey (USGS) - Murrieta Quadrangle, 7.5 Minute Series Topographic Map. Project Sponsor's Name and Address Clearwater Development 35 Argonaut, Suite B-2 Aliso Viejo, California 92656 General Plan Designation Public Institutional Facilities PI Zoning Temecula Education Center Planned Development Overlay District- 10 PDO-10 Description of Project The proposed project is a Tentative Parcel Map (TPM 36175) to subdivide a 35-acre site into three parcels; one 19.7 acre parcel, one 11.3 acre parcel, and a 4.0 acre parcel to be dedicated for public improvements, and a Major Conditional Use Permit to develop a 15 acre water park on Parcel 1 consisting of pools, slides, and other types of water rides, concession stands, gift shop, party room, locker rooms, restrooms, picnic areas, service yard, and parking lot. The water park will be operating approximately four months of the calendar year. The park will be open daily from Memorial Day to Labor Day from 10:00 a.m. to 8:00 p.m. It is anticipated that the park will retain 15 full time employees and 300 seasonal employees. Surrounding Land Uses and Setting An unpaved portion of Diaz Road and Murrieta Creek channel are located on the northeast boundary of the property. The property to the north is owned by Rancho California Water District (RCWD) and is used for reclaimed water storage. Land to the south is developed with light industrial warehouse and manufacturing uses. Land to the west consists of a graded pad for future development. West of this pad is a newly constructed industrial warehouse for Professional Hospital Supply. (See Attachment B) Disturbed grassland and bare ground occupies the whole project site which is highly disturbed from grading and surcharging of the site. Other public agencies whose approval The only other public agency whose approval is required for the is required development of this site is: a Disposition and Development Agreement (DDA) with the City of Temecula Redevelopment Agency. Environmental Factors Potentially Affected The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Mineral Resources Agriculture Resources ✓ Noise ✓ Air Quality Population and Housing Biological Resources Public Services ✓ Cultural Resources Recreation ✓ Geology and Soils ✓ Trans ortation/Traffic Hazards and Hazardous Materials Utties and Service Systems Hydrology and Water Quality Mandatory Findings of Significance Land Use and Planning None Determination (To be completed by the lead agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not ✓ be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Si atur ~ Try 7/ 7? L? Dates Dana Schuma Printed Name City of Temecula For 1. AESTHETICS. Would the project: Potentially Potentially Significant Unless Less Than Issues and Supporting Information Sources Significant Mitigation Significant No Impact Incorporated Impact Impact a Have a substantial adverse effect on a scenic vista? ✓ b Substantially damage scenic resources, including, but not ✓ limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c Substantially degrade the existing visual character or quality ✓ of the site and its surroundings? d Create a new source of substantial light or glare which would ✓ adverse) affect day or nighttime views in the area? Comments: 1.a. Less than Significant Impact. The project site is located within an urbanized area near a scenic open space hillside to the west. The entire 35 acres is currently undeveloped land. Implementation of the proposed project would convert a vacant site into a 15-acre water park with supporting parking facilities and landscaping. The development will be partially visible to traffic traveling northbound and southbound on Interstate 15. The location and elevation of the proposed water park, specifically the water slides and amusement rides, will partially block visibility of the scenic hillside. However, the project will not substantially affect the existing character of the developed industrial area. Section 17.08.070 of the City Development Code provides performance standards and criteria for the design of commercial/office/industrial development within the City, recognizing that the quality and compatibility of design directly impacts the health, safety and welfare of the residents of the community. These performance standards include strategies for minimizing visual impacts of development through a variety of design elements. The proposed project is also required to comply with height restrictions and landscape standards contained in the Development Code. The maximum building height in the PDO-10 zone is 40 feet and a minimum of 25 percent of the site shall be landscaped. Quality landscaping will help soften and screen any visual impacts from development. In addition, the General Plan Community Design Element implements hillside grading and site design requirements that help to preserve the integrity of natural slopes. Based on fulfilling these City standards, visual and aesthetic impacts from this project are anticipated to be less than significant. 1.b. No Impact: The project site does not have any major scenic resources, including trees, rock outcroppings, or historic buildings which exist on the project site. The proposed project is not located on or near a scenic highway. There will be no impact to any scenic resources from the proposed facility. 1.c. Less than Significant Impact. The whole 35-acre project site has been previously graded. In its current undeveloped and unimproved state, the site has low visual quality. Implementation of the proposed project will alter the visual character of the site; however, the proposed development is designed to minimize detrimental impacts on surrounding properties, including, but not limited to, visual, noise, air quality and other environmental impacts through landscaping and design strategies. By screening circulation areas, loading areas, trash collection points, and other areas that could potentially degrade the character of the adjacent area, impacts to the visual character or quality of the industrial park area are anticipated to be less than significant. 1.d. Less than Significant Impact. The business park lighting, and parking lot and street lighting would be typical of other development in the surrounding area and would not create unusual levels of light and glare. The proposed project will be developed consistent with the standards established in the City's Development Code, Section 17.24.050.F which states that, "lighting of outdoor parking areas shall be designed and maintained in a manner to prevent glare or direct illumination from intruding into... [adjacent properties]." The proposed project lighting design and landscaping will assist in minimizing the effects of increased light and glare in that the lighting on the site will be shielded and directed downward, and landscaping will help to screen exterior building light. Development associated with the proposed project will also be consistent with Ordinance No. 655 (Ordinance Regulating Light Pollution), which includes lighting standards to avoid negative impacts on astronomical research at Mount Palomar Observatory. The lighting standards of Ordinance No. 655 include provisions for restricting the light source, light projection, hours of light operation and outdoor displays areas for all projects within a 45 mile radius of Mount Palomar Observatory. Impacts on the Observatory are anticipated to be less than significant. 2. AGRICULTURE RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: Potentially..: Potentially Significant Unless Less Than Issues and Supporting Infonnaon Sources Significant Mitigation Significant No Impact ` Incorporated Impact Impact a Convert Prime Farmland, Unique Farmland, or Farmland of ✓ Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b Conflict with existing zoning for agricultural use, or a ✓ Williamson Act contract? c Involve other changes in the existing environment which, ✓ due to their location or nature, could result in conversion of Farmland, to non-agricultural use? Comments: 2.a. Less than Significant Impact. According to Figure 5.2-1 labeled "Agricultural Resources" in the Agricultural Resources, Section OS-30 of the General Plan, the project is in an area of farmland of local importance. However, the project site is surrounded by industrial development and there are no other immediate properties in the vicinity of the project which have been allocated for farmland use. The subject site is not currently being used for agricultural purposes, and the City's General Plan Land Use Element has designated the site for Public Institutional Facilities uses. Therefore, there will be less than significant impacts as a result of the project. 2.b-c. No Impact. The site is not under a Williamson Act contract nor is it zoned for agricultural uses. This property is not considered prime farmland or farmland of Statewide importance as identified by the State Department of Conservation. Though the City of Temecula General Plan does identify the site as being farmland of local importance, the site is not currently being used for agricultural purposes nor has it been used recently for agriculture. Therefore, the project will not involve changes in the existing environment, which would result in the conversion of farmland to non-agricultural uses. No impact is anticipated as a result of the proposed project. 3. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: Potentially Potentially Significant Unless'. Less Than :Issues and Supporting Information Sources Significant Mitigation Significant No Impact Incorporated Impact Impact a Conflict with or obstruct implementation of the applicable ✓ air quality plan? b Violate any air quality standard or contribute substantially ✓ to an existing or projected air quality violation? c Result in a cumulatively considerable net increase of any ✓ criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d Expose sensitive receptors to substantial pollutant ✓ concentrations? e Create objectionable odors affecting a substantial number ✓ of people? Comments: 3.a. No Impact. An Air Quality Impact Analysis Report was prepared by Michael Brandman Associates dated August 21, 2006. The proposed project will not conflict or obstruct the implementation of the Air Quality Management Plan for the South Coast Air Basin. Furthermore, the project will comply with the provisions of the Plan and the City's General Plan Air Quality Element policies and goals. As a result, no adverse impacts are forecast and no mitigation is required. 3.b-c. Potentially Significant Unless Mitigation Incorporated. Some short term construction-related air quality impacts are expected to occur as a result of this project. These short term impacts are expected to occur from onsite grading activities and from the actual construction of the project. The potential air quality impacts of this project were assessed using the Air Quality Management District's URBEMIS 2002 model. Short-term emissions were evaluated with the URBEMIS 2002 for Windows computer program. The URBEMIS 2002 model sets default values for worker trips and the use of asphalt. For the purpose of this analysis as a worst-case scenario, it is assumed that painting and asphalt paving would occur simultaneous with building activities. Model inputs for this type of land use evaluated site grading, construction period, and asphalt paving. When these emissions projections are compared with the SCAQMD thresholds for significance, it is shown that emissions exceed the applicable thresholds for NOx. The primary source of NOx is heavy equipment. In an effort to reduce estimated NOx emissions related to construction activities, a range of mitigation measures were considered. Effective NOx emission reduction measures include the use of construction equipment with lean NOx oxidation catalyst and/or reduction in equipment horsepower hours per day, providing temporary traffic control (e.g., flag person) during transport activities, properly maintaining construction equipment, prohibit truck and equipment idling in excess of ten minutes, provide on-site meals during lunch to construction workers by arranging to have a lunch wagon visit the site during work breaks, and use temporary electric power for electric power tools. The short-term emissions for this type of proposed land use are below the all applicable SCAQMD suggested thresholds with construction phase mitigation measures imposed. When emissions projections are compared with the SCAQMD suggested thresholds for significance, it is shown that long-term emissions for this type of proposed land use are below all the applicable thresholds. Carbon monoxide (CO) is a localized problem requiring additional analysis beyond total project emissions quantification. Projects with sensitive receptors or projects that could negatively impact levels of service (LOS) of existing roads need to use the "California Department of Transportation Carbon Monoxide Protocol" (hereafter referred to as the CO protocol) to determine the potential to create a CO hot spot. A CO hot spot is a localized concentration of CO that is above the State or Federal one-hour or eight-hour ambient air standards. Localized high levels of CO are associated with traffic congestion and idling or slow-moving vehicles. The CO protocol recommends using CALINE4, the fourth generation California Line Source Roadway Dispersion Model developed by the California Department of Transportation (Caltrans), to estimate one-hour CO concentrations from roadway traffic. Input data for this model includes meteorology, street network geometrics, traffic information, and emissions generation rates. Meteorological data required includes average temperatures, wind direction, sigma theta (standard deviation of wind direction), and wind speed. Street network geometrics require the use of an x, y coordinate system onto which the modeled roadways can be overlain in order to identify the relative. According to the CO protocol, the CALINE4 model should simulate intersections by using a reduced speed to represent intersection speeds and waits. Therefore, the slowing speed approaching an intersection was calculated at an average speed of five miles per hour (mph) within 249 feet. This value was derived by calculating the time it would take for a vehicle to slow from 28 mph at a rate of 4.6 mph/second and doubling this distance to account for any vehicles which have already stopped at the intersection. Vehicles outside of the 249-foot intersection approaches were assumed to be at a cruise speed of 28 mph as directed by the CO protocol for suburban traffic. The peak hour traffic volumes, when the worst-case LOS value occurred at each intersection, were used in this analysis because they represent the highest traffic volumes for both the project area and the proposed project. Typically, the LOS at an intersection producing a hot spot is at D or worse during the peak hour. The following intersections meet this criterion: • Winchester Road at Jefferson Avenue • Winchester Road at 1-15 NB and SIB Ramps • Winchester Road at Ynez Road • Winchester Road at Promenade Mall East Driveway • Ynez Road at Overland Winchester Road at Margarita The model procedure that was followed combined the results of the traffic analysis assuming very restrictive dispersion conditions in order to generate a worst-case impact assessment. Output from the CALINE4 model is in one-hour CO concentrations in ppm at the selected receptor locations. The predicted one-hour CO concentrations were determined by adding the ambient background one-hour CO concentrations to the model projected one-hour CO concentration. The eight-hour CO concentration was estimated by multiplying the one- hour model estimate by the persistence factor for the project area (0.6) and adding the ambient background eight-hour CO concentration. Assuming worst-case conditions, the estimated one-hour and eight-hour average CO concentrations in combination with background concentrations are below the State and Federal ambient air quality standards. No CO hot spots are anticipated as a result of traffic generated emissions by the proposed project in combination with other anticipated development in the area. The AQMP contains performance standards and emissions reduction targets necessary to attain the state and federal air quality standards. The AQMP control measures and related emission reduction estimates are based upon emissions projections for a future development scenario derived from land use, population, and employment characteristics defined in consultation with local governments. Accordingly, conformance with the AQMP for development projects is determined by demonstrating that vehicle miles traveled (VMT) during operation of the proposed project is at or below what would be generated from the land use, population and employment characteristics contemplated in the AQMP. The VMT generated by the proposed project is lower than what was contemplated in the AQMP. For this reason, it is appropriate to conclude that the proposed project is in compliance with the AQMP and there will be less than significant impacts with implementation of the following mitigation measures. Mitigation M1. Prior to construction of the proposed improvements, the project proponent will provide a traffic control plan that will describe safe detours around the project construction site and provide temporary traffic control (i.e., flag person) during construction related truck hauling activities. M2. During construction of the proposed improvements, construction equipment will be properly maintained at an offsite location and includes proper tuning and timing of engines. Equipment maintenance records and equipment design specification data sheets shall be kept onsite during construction. M3. During construction of the proposed improvements, all contractors will be required not to idle construction equipment on site for more than 10 minutes. M4. During construction of the proposed improvements, the project applicant will make arrangements to ensure on-site meals are available to construction workers by arranging a lunch wagon to visit the construction site during work breaks including the lunch break. M5. Prior to construction of the proposed improvements, the project proponent will provide a Dust Control Plan that will describe the application of standard best management practices to control dust during construction. Best management practices will include: • Application of water on disturbed soils and unpaved roadways a minimum of three times per day • Using track-out prevention devices at construction site access points • Stabilizing construction area exit points • Covering haul vehicles • Restricting vehicle speeds on unpaved roads to 15 miles per hour (mph) • Replanting disturbed areas as soon as practical and other measures, as deemed appropriate to the site, to control fugitive dust 3.d. Less Than Significant Impact: Sensitive receptors include the very young, elderly, and persons suffering from illness and are normally associated with locations such as schools, daycare facilities, convalescent care facilities, medical facilities, and residential areas. Diesel emissions during the short-term construction activities are too low to pose an acute significant toxic air contaminant health hazard and they will not occur over the long-term. As a result, no significant impacts are expected with this project. With no significant potential exposure to toxic substances or to CO "Hotspots", the proposed project is not forecast to expose sensitive receptors to substantial pollutant concentrations that would be considered significant and adverse or exceed air quality significance thresholds with the inclusion of the identified mitigation measures. 3.e. Less Than Significant Impact. During construction, the proposed project will contain operations that will produce odors associated with equipment and materials. The site is not located within the vicinity of sensitive receptors and the odors associated with this type project are normally not considered so offensive as to cause sensitive receptors to complain. Diesel fuel combustion odors from construction equipment, operation equipment, and new asphalt paving fall into this category. Both based on the short-term of the emissions and the characteristics of these emissions, no significant odor impacts will result from implementing the proposed project. 4. BIOLOGICAL RESOURCES. Would the project? Potentially Potentially Significant Unless Less Than Issues and Supporting Information Sources Significant "Mitigation p Significant. No Impact Incor orated Impact Impact a Have a substantial adverse effect, either directly or ✓ through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b Have a substantial adverse effect on any riparian habitat ✓ or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c Have a substantial adverse effect of federally protected ✓ wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d Interfere substantially with the movement of any native ✓ resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nurse sites? e Conflict with any local policies or ordinances protecting ✓ biological resources, such as a tree preservation policy or ordinance? f Conflict with the provisions of an adopted Habitat ✓ Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Comments: 4.a-c. Less Than Significant Impact. A general biological survey conducted by Tom Dodson & Associates in 2005 for the project site indicated that the project site is a completely unvegetated, heavily disturbed parcel of land. No suitable habitat for any state or federally listed threatened or endangered species was found on the project site. No threatened or endangered species, including Quino Checkerspot Butterflies (QCB), Stephen's Kangaroo Rat (Dipodomys Stephensf), or California Gnatcatchers (CAGN) were identified on the property. The project is located within the Riverside County Stephens's Kangaroo Rat Habitat Conservation Plan (HCP) Fee Assessment Area. Habitat Conservation fees are required to offset the effect of cumulative impacts to the species from urbanization occurring throughout western Riverside County and the project will be conditioned to pay this fee (Draft Environmental Impact Report for the Temecula Education Center prepared by Tom Dodson & Associates in November 2003). The project is within the Multiple Species Habitat Conservation Program (MSHCP) Burrowing Owl (Athene Cunicularia) Survey Area. Focused Burrowing Owl surveys were conducted in 2005 and 2006 in accordance with the Burrowing Owl Survey Instructions for the Western Riverside Multiple Species Habitat Conservation Plan Area. In 2005, the survey concluded that the site appears to be a large disturbed site. One burrowing owl was observed during the survey; however, extensive ponding precluded most of the site from being suitable habitat at that time (Focused Burrowing Owl Survey prepared by Tom Dodson & Associates in January 2005). In 2006, the Pre-construction Burrowing Owl Survey prepared by LSA Associates on May 11, 2006, concluded that no burrowing owls were observed on the property; however, the property contained suitable habitat in the western, southwestern, and southernmost portions of the project site. Therefore, a pre-construction burrowing survey is required within 30 days prior to ground disturbance by the project. If any burrowing owl is found on site, the CDFG shall be consulted, and a passive relocation effort shall be undertaken outside of the nesting season. No disturbance of active nests will occur. The project will not impact jurisdictional habitat (ephemeral drainage, non-wetland waters of the U.S or California Department of Fish & Game (CDFG) jurisdictional habitat. A Determination of Biologically Equivalent or Superior Preservation (DBESP) analysis was conducted for the site in January 2006 in compliance with the MSHCP and for unavoidable impacts to approximately 0.10 acres of area supported by fairy shrimp. The ponded areas on site were shallow depressions caused by previous uses such as motor- cross events, equestrian uses, and tractor events that compacted the soils. The ponded areas were characterized as unvegetated or as supporting non-native grasses. They did not have soils or support vegetation associated with vernal pool complexes. Conservation of these pools did not occur because the site did not have long term conservation value and relocation of the fairy shrimp was considered biologically superior to on site avoidance. However, it was ultimately determined by the US Fish & Wildlife Service (FWS) that the City of Temecula would contribute $86,000 to an in lieu fee program. In a written response letter to the DBESP, dated April 14, 2006, FWS indicated that contribution to an in lieu fee program would replace the off site creation project originally proposed by the City to offset impacts to fairy shrimp habitat. According to the RCA Joint Project Review (JPR) conducted in 2006, no riparian or wetland resources occur on the project site. Therefore, no suitable habitat for the least Bell's vireo, southwestern willow flycatcher, or yellow-billed cuckoo is present onsite. Implementation of the project would not therefore cause a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service and project impacts are anticipated to be less than significant. 4.d.,f. Less than Significant Impact. On May 4, 2006, a complete Habitat Acquisition and Negotiation Strategy (HANS) Application and Analysis for the proposed project site was submitted and provided to the Riverside Conservation Agency (RCA) for review. The property is located within Independent Criteria Cells 6781 Subunit 6 (Santa Rosa Plateau) and 6782 of Subunit 1 (Murrieta Creek) of the Southwest Area Plan. The project site falls within Proposed Constrained Linkage 13 (Murrieta Creek) and is therefore identified for conservation under the MSHCP. According to the MSHCP, conservation within Cell 6781 will range from 35 to 45 percent, focusing in the Cell's southwestern portion. Conservation within Cell 6782 will focus on the Murrieta Creek channel and adjacent grassland habitat. The proposed development of Parcel 1 lies within the northeastern portion of Cell 6781 and the northwestern half of Cell 6782. The parcel has already been graded and contains no biological resources or any habitat suitable to support any MSHCP-covered species. Furthermore, the subject parcel is currently bordered by developed property to the north, south and west and would not function as a wildlife corridor. According to the JPR report completed in 2006, development of the site will not result in direct impacts to Murrieta Creek as Diaz Road provides an eastern barrier between the project site and the creek area intended for MSHCP conservation. The JPR also concluded that development of this site would not conflict with the Reserve Assembly in this area. The proposed project will not therefore interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites and impacts are anticipated to be less than significant. The proposed project will be in full conformance with Section 6.3.2 of the MSHCP (Database Updates/Additional Survey Requirements). The site is not within the MSHCP's Critical Area Species Survey Area (CASSA) for plant species and none were observed on site. The only focused animal survey required on the site for sensitive animal species is for the burrowing owl. Focused burrowing owl surveys were conducted in 2006 and a pre-construction burrowing owl survey is required 30 days prior to commencement of construction. If any burrowing owl is found on site, the CDFG shall be consulted, and a passive relocation effort shall be undertaken outside of the nesting season. No disturbance of active nests will occur and impacts are anticipated to be less than significant. 4.e. No Impact. The proposed project will not conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance. No impact is anticipated as a result of the proposed project. 5. CULTURAL RESOURCES. Would the project: Potentially Potentially Significant Unless% Less Than Issues: and Supporting Information Sources Significant Mitigation Significant No Impact Incorporated Impact Impact a Cause a substantial adverse change in the significance of ✓ a historical resource as defined in Section 15064.5? b Cause a substantial adverse change in the significance of ✓ an archaeological resource pursuant to Section 15064.5? c Directly or indirectly destroy a unique paleontological ✓ resource or site or unique geologic feature? d Disturb any human remains, including those interred ✓ outside of formal cemeteries? Comments: 5.a-b,d. Potentially Significant Unless Mitigation Incorporated. The City of Temecula General Plan (April 12, 2005) does not identify the project site as a sensitive archaeological resource area. However, the proposed project is located on a piece of property known to contain a portion of an archaeological site designated CA-RIV-237 (Draft Environmental Impact Report for the Temecula Education Complex Project, Tom Dodson & Associates, November 2003). CA-RIV-237 is a sacred area known to contain cultural resources. Based on this research and the proximity of the site to reliable water, ecozones, and a wide viewshed, the project is known as a favorable settlement area and highly culturally significant. The proposed project site has an extensive history which included numerous archaeological surveys, excavations, mass grading, and trenching over many years. The site has also been extensively damaged from past activities including motor sports and rodeo facilities. A Phase II archaeological test excavation was conducted on the property by Christopher E. Dover, Gary S. Hurd and Henry C. Koerper in 1993. The study indicated that there were identified resources that encroached on the western portion of the site, but do not extend over the entire property. In 2003, the potential for cultural resources on site was again evaluated and analyzed in an Environmental Impact Report (EIR) for the Temecula Education Complex project. The EIR evaluation of cultural resource impacts determined that the site may contain significant historical resources that would be adversely impacted by development. Excavation, collection, analysis and preservation of CA-RIV-237 remaining resources which may occur on the project site was considered adequate mitigation to reduce potential impacts to a less than significant level. With implementation of several mitigation measures it was concluded that the proposed Temecula Education Complex project would have no foreseeable effect to CA-RIV-237 as a historical resource. Due to the highly cultural significance of the area, previous consultation has occurred between The Pechanga Band of Luiseiio Indians ('Tribe") and virtually all property owners of the subject site. The consultations have resulted in certain agreements with the Tribe concerning the site. Of particular importance is the set aside of a portion of the culturally significant area in open space easement for purposes of preservation in perpetuity. In addition, mitigation measures from the Final EIR for the Temecula Education Complex shall be carried over to this project. Due to the fact that construction projects in the area have identified significant archaeological sites during earthmoving activities and based on findings from many cultural assessments, the project has potential to cause a substantial adverse change in the significance of a historical or archeological resource as defined in Section 15064, and to disturb any human remains, including those interred outside of formal cemeteries. The following mitigation shall be required as part of the mitigation monitoring program to ensure proper treatment and disposition of any unknown cultural resources that may be inadvertently discovered during further excavation activities. The impacts to cultural resources will be reduced to a less than significant level with implementation, monitoring, and enforcement of the following mitigation measures. Mitigation M6. Mitigation measures 5.5-2, 5.5-3, 5.5-4, 5.5-5 from the Final EIR for the Temecula Education Complex Project (March 2004) shall apply to this project. 5.5-2: The City shall require the developer to implement a mitigation plan for cultural resources. The scope and extent of the mitigation plan shall be determined by consultation between City staff, Pechanga Band of Luiseno Mission Indians representatives, and the archaeological consultant for the project. 5.5-3: The City shall require that site grading be monitored by a qualified archaeologist. Tribal monitors designated by the Pechanga Band of Luiseno Mission Indians shall also monitor site grading if required by the tribe. The monitors shall have the authority to halt and relocate construction activities if subsurfaces resources are encountered. Pechanga Tribal monitors will be allowed to monitor all archaeological surveys, tests and studies. The results of the surveys, tests and/or studies will be utilized to define what areas may require avoidance on the site and the specifics of how any recovered artifacts shall be managed with the Tribe, as mutually agreed upon by the City and its technical staff. 5.5-4: Prior to issuance of a grading permit, the project developer shall enter into an Agreement with the Pechanga Band of Luiseno Mission Indians that addresses the treatment and disposition of all cultural resources and human remains that may be impacted as a result of this development. • 5.5-5: The City and site developer agree to relinquish ownership of all cultural resources, including all archeological artifacts that are found on the project site, to the Pechanga Band of Luiseno Indians for proper treatment and disposition. M7. Prior to the issuance of grading permits, the project proponent shall enter into a Treatment Agreement with the Pechanga Band of Luiseno Indians. This agreement will address the treatment and disposition of cultural resources and human remains that may be uncovered during construction as well as provisions for tribal monitors. M8. 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. M9. 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. M10. If human remains are encountered, all activity shall cease and the County Coroner must be notified immediately. State Health and Safety Code Section 7050.5 state that no further disturbance 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. M11. If inadvertent discoveries of subsurface archaeological/cultural resources are discovered during grading, the City, the Project applicant and the Tribe shall assess the significance of such resources and shall meet and confer regarding the mitigation for such resources. If the Project applicant and the Tribe cannot agree on the significance or the mitigation for such resources, these issues will be presented to the City of Temecula Director of Planning and Redevelopment for decision. The City of Temecula Director of Planning and Redevelopment shall make determination based on the provisions of the California Environmental Quality Act (CEQA) 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 Director of Planning and Redevelopment shall be appealable to the City Council. M12. The landowner shall agree to relinquish ownership of all cultural resources, including all Luiseho sacred items, burial goods and all archeological artifacts that are found on the project site to the Pechanga Band of Luiseho Indians for proper treatment and disposition. M13. All sacred sites within the project area are to be avoided and preserved. M14. The approximate 1.8 acre area of cultural site CA-RIV-237 located in the northwest corner of Planning Application Nos. PA09-0040 and PA09-0041 shall be preserved in Open Space and recorded with the County Recorder of Riverside County as a conservation easement for preservation purposed in perpetuity. Prior to the issuance of grading permits, the City and the Tribe will develop an accurate legal description of the area to be avoided for use in recording the Open Space and conservation easement. The 1.8 acres of CA-RIV 237 shall not be subject to development, archeological testing or ground- disturbing activities. 5.c. Potentially Significant Unless Mitigation Incorporated. The City of Temecula General Plan (April 12, 2005) identifies the western portion of the project site as a highly sensitive paleontological resource area. Based on the information provided in all previous assessments, potential impacts to paleontological resources does exist and can be reduced to a less than significant level with the incorporation of following mitigation. The impacts to paleontological resources will be reduced to a less than significant level with implementation, monitoring, and enforcement of the following mitigation measures. Mitigation M15. All impacts to the sandstone and fanglomerate members of the Pauba Formation shall 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. M16. Upon encountering any significant fossils, salvage of all fossils in the area shall be conducted with additional field staff and in accordance with modern paleontological techniques. M17. 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 a museum repository along with the specimens. M18. Prior to the issuance of a grading permit, a report documenting the results of the monitoring and any salvage activities and the significance of the fossils shall be prepared. M19. Any significant fossils recovered, along with the itemized inventory of the specimens, shall be deposited in a museum repository for permanent curation and storage. 6. GEOLOGY AND SOILS. Would the project: 'Potentially Potentially Significant Unless Less Than Issues and Supporting Information Sources Significant Mitigation Significant No . p Impact Incorporated Impact Im act. a Expose people or structures to potential substantial adverse ✓ effects, including the risk of loss, injury, or death involvin : b Rupture of a known earthquake fault, as delineated on the ✓ most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. c Strong seismic round shaking? ✓ d Seismic-related round failure, including liquefaction? e Landslides? ✓ f Result in substantial soil erosion or the loss of topsoil? ✓ g Be located on a geologic unit or soil that is unstable, or that ✓ would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? h Be located on expansive soil, as defined in Table 18-1-B of ✓ the Uniform Building Code (1994), creating substantial risks to life or property? i Have soils incapable of adequately supporting the use of ✓ septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? Comments: 6.a-d. Potentially Significant Unless Mitigation Incorporated: According to the City of Temecula General Plan (April 12, 2005) and the Riverside County Geologist, approximately one-quarter of the western portion of the project site is located in the Alquist-Priolo Earthquake Fault Zone. The site is a likely area to be damaged as the result of ground shaking generated by nearby earthquakes and mitigation is required to reduce the risk of loss, injury, or death. It is anticipated that major earthquake groundshaking will occur during the lifetime of the proposed from the seismically active fault. As identified in the General Plan Safety Element, the project site is located within a subsidence, liquefaction, and expansive soil area. The project site therefore has the potential to experience secondary significant effects of seismic activity, including liquefaction, landsliding, and ground subsidence. The City of Temecula has adopted the California Building Code to insure structure integrity during seismic and other hazardous events, and to prevent personal injury, loss of life, and substantial property damage. Implementation of local building codes shall minimize the structural damage and risk associated with seismic events to a less than significant level of impact. Mitigation M20. Seismically resistant structural design in accordance with local building ordinances shall be followed during the design of all structures. M21. Prior to the issuance of any grading and building permit, the recommendations contained in soils report(s) and geotechnical report shall be implemented. 6.e. Less Than Significant Impact: The majority of the site is relatively flat. No landslides have been observed on the property. The lack of observed landslides within the project area and the low vertical relief of the site would indicate a low potential for being exposed to significant landslide hazards. Therefore, development of the site would result in a less than significant impact. 6.f. Potentially Significant Unless Mitigation Incorporated: While most of the project site has been previously graded it is still currently vacant and undeveloped and has the potential to result in erosion of soils and downstream sedimentation due to construction activities. Tentative Map No. 36175 and the Conditional Use Permit for Parcel 1 have been conditioned to address erosion of soils during all grading activities. Further, the NPDES requires implementation of erosion control measures during construction and during long-term occupancy. Structural measures including managing runoff through infiltration basins, filtering storm water, and use of drainage management material help to remove pollutants and control erosion. This project will be required to comply with Conditions of Approval regarding geotechnical conditions for Tentative Map No. 36175 and the development of Parcel 1. With implementation of the mitigation measures listed below, impacts associated with potential soil erosion or the loss of topsoil would be less than significant. Mitigation M22. Prior to the issuance of any grading permit, the Applicant shall submit to the Public Works Department an erosion control plan prepared in accordance with the requirements of the Temecula Municipal Code, Section 18.15, Erosion and Sediment Control. M23. Prior to the issuance of any building permit, landscape plans shall be prepared for all slopes created by the grading and fill of these sites consistent with "Slope Planting Guidelines" and the Development Code, and shall provide erosion control on undeveloped portions of the site. 6.g-h. Less Than Significant Impact: According to the Soils Report prepared by John R. Byerly on February 3, 2009, the site has been extensively graded and settlement monuments are interspersed throughout. Based on contours shown on the grading plan, up to 48 feet of fill has been placed on the site. The surface of the site is very irregular and the property topography is higher than the adjacent roads. The site consists of dense silty sands and clayey sands and hard silty clays. The engineered fill placed below the surcharge fills is relatively dense or hard, but portions of the natural soils underlying the fill are relatively compressible. According to the Soils Report prepared by Leighton Consulting on July 7, 2009, the liquefaction induced settlement is likely to occur in relatively deep layers and would have minimal impact on surface improvements. Lateral spreading is considered unlikely on the site due to the depth of the liquefiable layers and distance to the creek. The potential presence of expansive clay at foundation levels may require remedial grading measures and/or structural mitigation such as design of post-tension slabs; however, impacts from unstable or expansive soils is considered to be less than significant with implementation of the proposed project. 6.i. No Impact: The project site is located in an urbanized area in which wastewater infrastructure is currently in place. Therefore, the capacity of the soils to support septic tanks or alternative waste water systems is not relevant to the proposed project. No impact would occur and no mitigation measures are required. 7. HAZARDS AND HAZARDOUS MATERIALS. Would the project: Potentially Potentially Significant Unless Less Than Issues and Supporting Information' Sources Significant Mitigation Significant No Impact incorporated Impact Impact a Create a significant hazard to the public or the environment ✓ through the routine transportation, use, or disposal of hazardous materials? b Create a significant hazard to the public or the environment ✓ through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c Emit hazardous emissions or handle hazardous or acutely ✓ hazardous materials, substances, or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d Be located on a site which is included on a list of hazardous ✓ materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e For a project located within an airport land use plan or, ✓ where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f For a project within the vicinity of a private airstrip, would the ✓ project result in a safety hazard for people residing or working in the project area? g Impair implementation of or physically interfere with an ✓ adopted emergency response plan or emergency evacuation plan? h Expose people or structures to a significant risk or loss, ✓ injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Comments: 7.a. Less Than Significant Impact: The proposed project will use the existing Dendy Parkway as the ingress and egress point. The project does propose the use of chlorine and muratic acid and will store these liquids in above ground double contained containers on site. However, chemicals stored, used, and handled at facilities are required to ensure that proper types of fire and life safety protection systems and procedures are in place. The applicant has submitted a chemical classification packet to the City as required by the California Fire Code and California Building Code for compliance with these requirements. The Fire Department has found that the access storage and leak protection plan is acceptable. Additionally, any potential impacts to the public or the environment resulting from routine transportation, use, or disposal of hazardous materials or the accidental release of hazardous materials into the environment shall be mitigated with implementation of a business emergency plan through the Department of Environmental Health. The plan ensures all potentially hazardous materials are contained, stored, used, and disposed of in compliance with applicable standards and regulations, and that the appropriate personnel are contacted in the event of a hazardous materials-related emergency. Therefore, there will be no significant hazard to the public or the environment from the routine transportation, use, or disposal of hazardous materials. Less than significant impacts are anticipated as a result from this project. 7.b. Less Than Significant Impact. It is not anticipated that the project would create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment. Therefore, less than significant impacts are anticipated as a result of this project. 7.c. No Impact. No schools are located within one quarter mile of the site. The proposed construction on the property does not include any activities or uses that would pose a potential health hazard to the local population or a nearby school. Therefore, no impacts are anticipated. 7.d. No Impact. Review of available data (site appearance, USGS map, California Department of Toxic Substance Control's (DTSC) Hazardous Waste and Substances Site List (Cortese List), the Leaking Underground Storage Tank Information System (LUSTIS) and the US Environmental Protection Agency (EPA) indicates no past uses that may have involved hazardous materials. Based upon the available data and the historical land use, there is no evidence to support that hazardous wastes would be present on the site. The project site is identified as a contaminated site under Government Code Section 65962.5. No impacts are anticipated. 7.e-f. No Impact: The project site is not located within an airport land use plan or within two miles of a public or private airstrip according to Figure 5.9-4 in the Land Use Element of the General Plan. No impact upon airport uses will result from this proposal. 7.g No Impact. The proposed project is not located in a portion of an emergency response or evacuation plan area, and is designed to allow for adequate emergency vehicle access to the site. Therefore, the project would not impair the implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. No impact is anticipated as a result of the proposed project. 7.h. No Impact: The proposed project is not located in or near a wildland area that would be subject to fire hazards. The location of the proposed project would not expose people or structures to a significant risk or loss, injury or death involving wildland fires. No impact is anticipated as a result of this project. 8. HYDROLOGY AND WATER QUALITY. Would the project: 'Potentially Potentially Significant Unless Less Than Issues and Supporting Information Sources Significant Mitigation Significant No Impact incorporated Impact Im pact " a Violate any water quality standards or waste discharge ✓ requirements? b Substantially deplete groundwater supplies or interfere ✓ substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been ranted)? c Substantially alter the existing drainage pattern of the site or ✓ area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d Substantially alter the existing drainage pattern of the site or ✓ area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? e Create or contribute runoff water which would exceed the ✓ capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? f Otherwise substantial) degrade water quality? ✓ g Place housing within a 100-year flood hazard area as ✓ mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Ma or other flood hazard delineation map? h Place within a 100-year flood hazard area structures which ✓ would impede or redirect flood flows? i Expose people or structures to a significant risk of loss, ✓ injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j Inundation b seiche, tsunami, or mudflow? ✓ Comments: 8.a. Less Than Significant Impact: The proposed project will subdivide a 35 acre site and permit development of a 15 acre waterpark. Violation of water quality standards are not anticipated by implementing the proposed project which will deliver its wastewater flows to the regional wastewater plant. Wastewater will be delivered to the regional treatment plant for treatment under waste discharge requirements established by the San Diego Regional Water Quality Control Board. In compliance with the requirements of the National Pollutant Discharge Elimination System (NPDES), Best Management Practices (BMPs) will be implemented during construction and occupancy to control storm water runoff pollution. A less than significant impact is anticipated as a result. 8.b. Less Than Significant Impact: The Rancho California Water District provides water and reclaimed water services to the project area. The proposed project does not include the injection into or extraction from groundwater and would not create substantial subsurface cuts, which might impede groundwater movement. No water wells would be used on the project site, as the Water District will provide water supply. Therefore, the project will not have an affect on the quantity and quality of ground waters, either through direct additions or withdrawals. The project will create approximately 15 acres of impermeable surface on Parcel 1. The proposed project is required to comply with local development standards, including lot coverage and landscaping requirements, which will allow for some percolation and ground water recharge on the developed site. A less than significant impact is anticipated as a result of the proposed project. 8.c-e. Less Than Significant Impact. The proposed project would result in the alteration of existing drainage patterns and the amount and quality of surface runoff due to grading, and the construction of structures and associated parking which result in the addition of impervious surfaces. Some changes to absorption rates, drainage patterns, and the rate and amount of surface runoff are expected whenever development occurs on previously permeable ground. While absorption rates and surface runoff will change, potential impacts shall be mitigated through site design which includes an infiltration basin and bio-swales to accommodate runoff. These types of drainage conveyances, which safely and adequately handle runoff, are anticipated to ultimately drain into the existing storm drains. The proposed project will be required to accommodate the drainage created as a result of the development with an on-site drainage plan and Best Management Practices (BMP's) subject to Regional Water Quality Control Board (RWQCB) regulations as well as National Pollution Elimination Discharge System (NPEDS) standards. Through implementation of the project Stormwater Prevention Pollution Plan (SWPPP), erosion and siltation issues are controlled and with implementation of the project Water Quality Management Plan (WQMP), surface run-off and water quality impacts are controlled. A Preliminary Drainage Study for TPM 36175 prepared by Tory R. Walker Engineering, Inc. on February 13, 2009, provided preliminary drainage information related to the pad for Parcel 1. The development of Parcel 1 includes one water quality basin to be located along the northeastern edge of the parcel. The basin will serve to collect runoff from the project site and allow percolation. Runoff from the waterpark and most of the parking lot will drain north to this basin. The outflow from the basin will be treated and then released to a grass swale that will convey runoff south to Dendy Parkway. A storm drain system along Dendy Parkway will convey the runoff from the water park to the existing storm drain leaving the site. Conditions of Approval for Tentative Map No. 36175 will include requiring the developer to submit to the Public Works Department a Drainage Study and WQMP prepared by a registered Civil Engineer for all future grading plans on the parcels created by TPM36175. A less than significant impact is anticipated as a result of the project. 8.f. Less Than Significant Impact: The proposed project will not substantially degrade water quality nor will it violate any water quality standards or waste discharge requirements established by the State of California. The project is required to prepare a Water Quality Management Plan (WQMP) pursuant to the Municipal Separate Storm-Sewer permit (MS4 permit) issued by the San Diego Regional Water Quality Control Board. The WQMP for Parcel 1 development was submitted on February 5, 2009. The water quality control measures identified in the WQMP have either been incorporated into the design of the project or have been added to the project with specific conditions of approval and are expected to eliminate potential adverse impacts to receiving waters. A project specific WQMP will be required for each parcel created and anticipated for future development under this project. A less than significant impact is anticipated as a result of the project. 8.g. No Impact. The proposed project is located in a developed industrial park area. The project proposes to subdivide 35 acres and develop a 15-acre waterpark on Parcel 1; therefore, housing will not be placed within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map. No impact is anticipated. 8.h. Less Than Significant Impact. The proposed project is located adjacent to Murrieta Creek and will place structures within a 100-year flood hazard area as mapped on Figure PS-2 in the Public Safety Element of the General Plan. The Army Corps of Engineers (ACOE) is in the process of improving the creek which will allow the creek to carry greater flow. As a result of the creek improvements, the flood zone boundaries will change and the property will be remapped out of the flood-plain. The City of Temecula Public Works Department has reviewed the potential flood hazards and determined that the proposed structures would not impede or redirect flood flows. Prior to issuance of a building permit, the applicant shall provide verification to the Department of Public Works that the finished pad elevation is higher than the flood-plain elevation. Prior to the issuance of a building permit, the applicant shall file a Letter of Map Revision (LOMR) application with the Department of Public Works to officially remap the property out of the flood-plain zone. If the property is not remapped prior to issuance of a building permit the applicant shall obtain flood-plain insurance on the property and provide proof of such insurance to the Department of Public Works. 8.i. No Impact: The project site is not located within a dam inundation area. The project would not expose people or structures to a significant risk of loss, injury, or death involving flooding, including flooding as a result of a levee or dam failure. No impact is anticipated as a result of the project. 8.j. No Impact: The proposed project is not located near a coast line which would be subject to inundation by seiche, tsunami, or mudflow. No impact is anticipated as a result of the proposed project. 9. LAND USE AND PLANNING. Would the project: I' Potentially.! Potentially d Significant Unless Less Than Issues and Supporting Information Sources !Significant Mitigation Significant No '.Imp act Incorporated Impact Impact a Ph sicall divide an established community? ✓ b Conflict with any applicable land use plan, policy, or ✓ regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c Conflict with any applicable habitat conservation plan or ✓ natural community conservation plan? Comments: 9.a-b. Less Than Significant Impact. The project site will not divide the physical arrangement of an established community. The project site is vacant and surrounded by existing industrial development. Just north of the property is Rancho California Water District property within the City of Murrieta. The property is currently being used as an outdoor sports facility. East of the project site is the future expansion of Diaz Road and Murrieta Creek. West of the property is a large industrial development including Professional Hospital Supply (PHS), and to the south of the property is an existing industrial businesses including Milgard and Scotts Co. The proposed water park site is zoned Temecula Education Center Planned Development Overlay District-10 (PDO-10). Sports and Recreational Facilities are permitted in the PDO-10 zone with an approved Conditional Use Permit (Table 17.22.216). The project is consistent with the zoning standards of the City's General Plan and Development Code, the location of the project eliminates any possibility of physically dividing an established community. Impacts from all General Plan Land Use designations were analyzed in the Environmental Impact Report (EIR) for the General Plan. Specific land uses permitted in PDO-10 were analyzed in the EIR for the Temecula Education Center. Agencies with jurisdiction within the City provided comments on the scope of the analysis contained in these EIRs. Mitigation measures approved with these EIRs have been applied to this project where necessary. Furthermore, all agencies with jurisdiction over the project are being given the opportunity to comment on the project, and it is anticipated that they will make the appropriate comments as to how the project relates to their specific environmental plans or policies. Less than significant impacts are anticipated as a result of this project. 9.c. Less Than Significant Impact: The project is located in two Multiple Species Habitat Conservation Plan Criteria Cells. A Habitat Acquisition and Negotiation Strategy (HANS) application was filed for the site and a JPR was completed in 2006. The City of Temecula has not identified this property as a candidate for habitat acquisition. The project is consistent with the applicable Multi Species Habitat Conservation Plan and any potential impacts are anticipated to be less than significant. 10. MINERAL RESOURCES. Would the project: '.Potentially :I. Potentially Significant Unless: Less Than Issues and Supporting Information Sources Significant Mitigation Significant No Impact Incorporated Impact Impact a Result in the loss of availability of a known mineral ✓ resource that would be of value to the region and the residents of the state? b Result in the loss of availability of a locally-important ✓ mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Comments: 10.a-b. No Impact. The project will not result in the loss of availability of a known mineral resource nor in the loss of an available, locally important mineral resource recovery site. The State Geologist has given the City of Temecula a classification of MRZ-3a, containing areas of sedimentary deposits, which have the potential for supplying sand and gravel for concrete and crushed stone for aggregate. However, these areas are determined as not containing deposits of significant economic value based upon available data in reports prepared in accordance with the Surface Mining and Reclamation Act (SMARA) of 1975. Furthermore, the project site is not identified as an important site known to maintain such resources as shown in the Final EIR for the City of Temecula General Plan. Therefore, no impacts are anticipated as a result of this project. 11. NOISE. Would the project result in: Potentially 'Potentially Significant Unless Less Than Issues and Supporting Information Sources Significant Mitigation Significant No Impact Incorporated Impact Impact a Exposure of persons to or generation of noise levels in ✓ excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b Exposure of persons to or generation of excessive ✓ roundborne vibration or roundborne noise levels? c A substantial permanent increase in ambient noise levels ✓ in the project vicinity above levels existing without the project? d A substantial temporary or periodic increase in ambient ✓ noise levels in the project vicinity above levels existing without the ro'ect? e For a project located within an airport land use plan or, ✓ where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f For a project within the vicinity of a private airstrip, would ✓ the project expose people residing or working in the project area to excessive noise levels? Comments: 11.a. Potentially Significant Unless Mitigation Incorporated: According to the Acoustical Analysis Report prepared by Michael Brandman Associates dated August 16, 2006, development of the project would require site preparation (i.e. land clearing, grading, excavation, and trenching) and construction of the buildings and infrastructure. These construction activities would generate noise that would be heard both on and off the project site. The proposed project is not forecast to generate severe noise levels over the long-term. The project will create some noise levels over that currently emanating from the vacant land. However, those noises are not anticipated to create a substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project. Since this project does not involve any pile driving or other severe noise generating activities, this project is not forecast to generate severe noise levels that would impact the nearby businesses. In general, the trucks and earth-moving sources are noisiest with equipment noise ranging up to about 90 dBA at 50 feet from the source. Noise emissions tend to be more associated with periodic events under full load rather than continuous noise exposure. Spherically radiating point sources of noise emissions are atmospherically attenuated by a factor of 6 dB per doubling of distance, or about 20 dB in 500 feet of propagation. The loudest earth-moving noise sources will therefore sometimes be temporarily detectable above the local background beyond 1,000 feet from the noise source. An extensive noise impact envelope requires a clear line of sight from source to receiver. Any terrain, topography or structures between the source and receiver would limit line of sight. Construction noise impacts are therefore less than predicted under theoretical maximum input conditions. Construction noise sources are not strictly relatable to a noise standard because they occur only during selected times and the source strength varies sharply with time. The penalty associated with noise disturbance during quiet hours, and the nuisance factor accompanying such disturbance, usually leads to time limits on grading activity imposed as a condition on grading permits. The City of Temecula provides specific standards for preventing construction noise nuisance which will be incorporated as mitigation measures. Mitigation M24. A noise complaint response program shall be established and shall respond to any noise complaints received for this project by measuring noise levels at the affected receptor site. If the noise level exceeds an Ldn of 65 dBA exterior or an Ldn of 45 dBA interior at the receptor, the applicant will implement adequate measures (which may include portable sound attenuation walls, use of quieter equipment, shift of construction schedule to avoid the presence of sensitive receptors, etc.) to reduce noise levels to the greatest extent feasible. M25. All construction equipment is required to be operated with mandated noise control equipment (mufflers or silencers). Enforcement will be accomplished by random field inspections by applicant personnel during construction activities. Compliance with the above standard conditions measures will ensure that construction noise impacts are controlled to a less than significant level. These measures are set as conditions on the project grading permits. Compliance with these criteria will preclude creation of a significant temporary noise impact during construction. 11.b. Less Than Significant Impact: This project does not include any construction activities that would generate excessive groundborne vibration or groundborne noise. No potential exists for significant groundborne noise/vibration impacts associated with the proposed project. Less than significant impacts are expected from this project. 11.c. Less Than Significant Impact. In reviewing project impacts, future noise levels will be compared with the City standards for commercial uses since these are the land uses in the project area. Project related impacts are minimal (all less than 1.0 dBA). The primary sources of noise onsite include vehicles in the parking lot, pumps and compressors associated with the pools and water rides, and periodic enouncements on the public address system. Some noise sources such as the public address system will be periodic, while others such as pumps and compressors will be fairly constant throughout the day. Noise from children and adults visiting the park is expected, however the noise levels will be consistent with the City's General Plan noise dBA. A less than significant impact is anticipated. 11.d. Potentially Significant Unless Impact Mitigation Incorporated. Temporary construction noise impacts vary because the noise strength of construction equipment ranges as a function of the equipment used and its activity level. Short-term construction noise impacts tend to occur in discreet phases dominated initially by earth-moving sources, then by foundation and parking area construction, and finally for finish construction. In general, earth-moving sources are noisiest with equipment noise ranging up to about 90 dBA at 50 feet from the source. Pile drivers, jack hammers and rock drills are also noisy, with the peak noise from a pile driver exceeding 100 dBA at 50 feet and jack hammers and rock drills exceeding 90 dBA. (For more specific information on construction equipment noise generation, please refer to the noise study in the technical appendices). Spherically radiating point sources of noise emissions are atmospherically attenuated by a factor of 6 dB per doubling of distance, or about 20 dB in 500 feet of propagation. The loudest earth-moving noise sources will therefore sometimes be temporarily detectable above the local background beyond 1,000 feet from the noise source. An extensive noise impact envelope requires a clear line of sight from source to receiver. Any terrain, topography or structures between the source and receiver would limit line of sight. Construction noise impacts are therefore less than predicted under theoretical maximum input conditions. Construction noise sources are not strictly relatable to a noise standard because they occur only during selected times and the source strength varies sharply with time. The penalty associated with noise disturbance during quiet hours, and the nuisance factor accompanying such disturbance, usually leads to time limits on grading activity imposed as a condition on grading permits. The following mitigation measures will be imposed on the project. Mitigation M26. Construction activities shall be limited to no more than the hours of 7:00 a.m. to 7:00 p.m. Monday through Saturday. No construction can occur outside of these hours or on Sundays or holidays except in the event of emergency. Compliance with the above time limits will ensure that construction noise impacts are controlled to a less than significant level. These time limits are set as conditions on the project grading permits. Compliance with these criteria will preclude creation of a significant temporary noise impact during construction; therefore reducing a potentially significant impact to a less than significant level. 11.e-f. No Impact: This project is not within two miles of a public airport or public or private use airport. According to Figure 5.10-4 of the French Valley Airport Future Noise Contours in the Noise Element of the General Plan, the project is not located in the noise impact area for the French Valley Airport. In addition, the project is not located in the French Valley Airport Land Use Compatibility Zone according to Figure 5.9-3 in the Land Use and Planning Element of the General Plan. Therefore, people within the project area will not be exposed to excessive noise levels generated by an airport and less than significant impacts will result from this project. 12. POPULATION AND HOUSING. Would the project: Potentially :Potentially . Significant Unless Less Than Issues and Supporting Information Sources ; Signifcant Mitigation Significant No Impact Incorporated Impact Impact a Induce substantial population growth in an area, either ✓ directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b Displace substantial numbers of existing housing, ✓ necessitating the construction of replacement housing elsewhere? c Displace substantial numbers of people, necessitating the ✓ construction of replacement housing elsewhere? Comments: 12.a. Less Than Significant Impact. The project will not induce substantial growth in the area either directly or indirectly. The proposed project is an amusement park that will attract people that live in and outside City limits. The development may cause some people to relocate to (or near) Temecula to their place of employment (future employees of the water park), which is considered a moderate indirect affect. However, the project will not induce substantial growth beyond what is projected in the City's General Plan. Less than significant impacts are anticipated as a result of this project. 12.b-c. No Impact The project will not displace substantial numbers of people or existing housing, as the site is vacant property zoned for public institutional development. Therefore, the project will not necessitate the construction of replacement housing due to displacement of housing or people. No impacts are anticipated as a result of this project. 13. PUBLIC SERVICES. Potentially 1Potentially. Significant Unless Less Than Issues and Supporting Information Sources Significant Mitigation Significant No Impact Incorporated Impact Impact a Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for an of the public services: i Fire protection? ✓ ii Police protection? ✓ iii Schools? ✓ iv Parks? ✓ v Other public facilities? ✓ Comments: 13.i,ii,v Less Than Significant Impact. The project will have a less than significant impact upon public services, such as fire and police. The development of the site will incrementally increase the need for these services. The water park will only be open during the summer months, which will greatly decrease the need for public services for the water park the rest of the year. In addition, the water park will have life guards on duty for safety. The project will also contribute its fair share through the City's Development Impact Fees to the maintenance or provision of services from these entities. Less than significant impacts are anticipated. 13.iii,iv No Impact. The project itself is not creating or result in a need for new or altered school facilities significant numbers of people to relocate to the City. through the payment of applicable school fees at anticipated as a result of this project. i residential use and therefore will have no impact upon, or parks. Development of the water park will not cause The cumulative effect from the project will be mitigated :he time the parcels are developed. No impacts are 14. RECREATION. Potentially "Potentially Significant Unless Less Than Issues and Supporting lnfometion Sources Significant . Mitigation Significant No ` Impact Incorporated Impact Impact a Would the project increase the use of existing neighborhood ✓ and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b Does the project include recreational facilities or require the ✓ construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Comments: 14.a-b. Less Than Significant Impact. The project will have no impact on the demand for neighborhood, regional parks or other recreational facilities, or affect existing recreational opportunities. In addition, this project will have a positive impact on recreational services in the City as it will provide an outlet for young people who live in the community. Less than significant impacts are anticipated as a result of this project. 15. TRANSPORTATIONITRAFFIC. Would the project: 'Potentially Potentially. Significant Unless Less Than Issues and Supporting Information Sources 1 Significant Mitigation Significant No Impact Incorporated Impact Impact - a Cause an increase in traffic which is substantial in relation to ✓ the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ration on roads, or congestion at intersections)? b Exceed, either individually or cumulatively, a level of service ✓ standard established by the county congestion management agency for designated roads or highways? c Result in a change in air traffic patterns, including either an ✓ increase in traffic levels or a change in location that results in substantial safety risks? d Substantially increase hazards due to a design feature (e.g., ✓ sharp curves or dangerous intersections) or incompatible uses e.., farm equipment)? e Result in inadequate emergency access? ✓ f Result in inadequate parkin capacity? ✓ g Conflict with adopted policies, plans, or programs supporting ✓ alternative transportation (e. g., bus turnouts, bicycle racks)? Comments: 15.a-b. Potentially Significant Impact Unless Mitigation Incorporated. The applicant provided a traffic study, entitled Temecula Water park/Diaz Property Traffic Impact Analysis (TIA), prepared by DKS Associates on June 30, 2009. The TIA reviewed existing traffic conditions in the vicinity of the project site, as well as the potential project impacts at the following intersections adjacent to the project site: • Diaz Road at Dendy Parkway • Margarita Road at Winchester Road • Diaz Road at Winchester Road Ynez Road at Promenade Mall North • Enterprise Circle at Winchester Road • Ynez Road at Promenade Mall South • Winchester Road at Jefferson Avenue • Diaz Road at Avenida Alvarado • 1-15 southbound ramps at Winchester Road • Jefferson Avenue at Overland Drive • 1-15 northbound ramps at Winchester Road Ynez Road at Overland Drive • Ynez Road at Winchester Road • Promenade Way at Overland Drive • Promenade Mall West at Winchester Road Margarita Road at Overland Drive 0 Promenade Mall East at Winchester Road The General Plan has established Level of Service (LOS) D as the lowest acceptable level of service for traffic circulation within the City of Temecula. The proposed water park will operate approximately four months of the calendar year from 10 a.m. to 8 p.m. The water park is expected to retain 15 full-time employees, 300 seasonal employees, and 2,000 daily guests. The proposed project, which assumed an AVO of 3.5 persons per vehicle for guests/customers, an AVO of 1.0 persons per vehicle for employees/deliveries, and 45 persons per bus, is projected to generate approximately 1,208 total daily vehicle trips. The addition of project traffic to the weekday AM and PM peak hour, and Saturday mid-day peak hour under project completion year and cumulative condition will affect intersection performance levels along the Winchester Road, Ynez Road, and Jefferson Avenue corridors by increasing delays greater than 2.0 seconds at intersections that may already be operating at an LOS that is below the minimum threshold established by the Temecula General Plan (LOS D). According to the City's General Plan, a significant impact occurs when vehicles are delayed by 2.0 seconds or more at intersections which operate at LOS E and F. In order to mitigate project related impacts, the following mitigation shall be implemented: Mitigation M27. The project shall be responsible for fair-share participation for implementation of system improvements along Winchester Road, Ynez Road, and Jefferson Avenue. Additionally, the construction of the French Valley Interchange will further offset the project impacts along the analyzed roadways, including Winchester Road, Ynez road, and Jefferson Avenue. The proposed project shall also participate in funding of programmed improvements through the payment of City of Temecula Development Impact Fees (DIF) and Western Riverside County Transportation Uniform Mitigation Fees (TUMF). Payment of these fees will help support Capital Improvement Program (CIP) projects that reduce traffic congestion in the project study area. Specific CIP projects, such as the construction of the French Valley Parkway overpass and interchange with the 1-15 freeway, and the extension of Cherry Street are anticipated to mitigate impacts along Winchester Road. Additional on-site requirements that occur as part of the conditions of approval include sight distance at the project entrances to be reviewed with respect to Caltrans and City of Temecula sight distance standards at time of preparation of final grading, landscaping, and street improvement plans, on-site traffic signing and striping to be detailed in conjunction with construction plans for the project site and implemented prior to occupancy, and stop signs, stop bars and stop legends to be provided at the project access points. With implementation of the required improvements, mitigation, and fees as part of the conditions of approval, traffic impacts from this project are would be mitigated to a less than significant level. 15.c. No Impact: Development of the proposed project will not result in a change in air traffic patterns, including an increase in traffic levels or a change in location that would result in substantial safety risks. This site is not within the French Valley Airport influence area. No impacts are anticipated as a result of the project 15.d. No Impact. The project will not increase hazards to safety from design features. The project is designed to current City standards and will not pose any hazards from sharp curves or dangerous intersections. No significant impacts are anticipated as a result of this project. 15.e. No Impact: The project will not result in inadequate emergency access or inadequate access to nearby uses. The project is designed to current City standards and provides for adequate ingress and egress from the site. The project does not interfere with access to nearby uses. The Fire and Police Departments have reviewed the proposed project and have determined that adequate emergency access has been provided from Dendy Parkway and Cherry Avenue. No impacts are anticipated as a result of this project. 15.f. Less than Significant Impact. The City of Temecula requires parking be provided at a ratio of 1 space per 1,000 gross square feet of recreation area with other uses calculated separately. The project is providing 455 parking spaces. The interior park area is 447,933 square feet which requires 448 parking spaces. The only other use in conjunction with the water park would be 15,572 square feet of administration buildings. Additional parking spaces for the administration buildings is not warranted considering park operations are included in the total recreation area calculation. Therefore, the project will not result in inadequate parking capacity and impacts are anticipated to be less than significant. 15.g. Less Than Significant Impact. Transit Service for the project site is currently served by the Riverside Transit Authority (RTA). The surrounding industrial area has established alternative transportation routes (i.e. bus and bicycle routes) along Winchester Road and Diaz Road. To encourage alternative means of transportation and reduce greenhouse gases (ghg) emissions, a new bus stop on Dendy Parkway was required as a result of the proposed project. The bus stop will be required to be designed consistent with adopted policies, plans, or programs supporting this alternative transportation. No conflict or adverse impact to adopted alternative transportation policies, plans or programs is forecast to occur from implementing the proposed project and therefore impacts as a result of this project will be less than significant. 16. UTILITIES AND SERVICE SYSTEMS. Would the project: Potentially '.Potentially Significant Unless Less Than Issues and Supporting Intonation Sources Significant Mitigation Significant No Impact Incorp orated Impact Impact a Exceed wastewater treatment requirements of the ✓ applicable Regional Water Quality Control Board? b Require or result in the construction of new water or ✓ wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c Require or result in the construction of new storm water ✓ drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d Have sufficient water supplies available to serve the project ✓ from existing entitlements and resources, or are new or expanded entitlements needed? e Result in a determination by the wastewater treatment ✓ provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f Be served by a landfill with sufficient permitted capacity to ✓ accommodate the project's solid waste disposal needs? g Comply with federal, state, and local statutes and ✓ regulations related to solid waste? Comments: 16.a-b,e. Less Than Significant Impact: The proposed project will deliver wastewater to the Rancho California Water District (RCWD) wastewater treatment plant. RCWD has sewer capacity to be able to convey the expected peak flows at full development of all the areas it services. Development of the proposed project will have an incremental effect upon existing systems. The Final Environmental Impact Report (FEIR) for the City's General Plan states: "implementation of the proposed General Plan would not significantly impact wastewater services." Since the project implements the goals and policies of the City's General Plan, potential impacts are anticipated to be less than significant and no mitigation measures are required. Through the payment of annexation fees, sewer connection fees, development impact fees (for water facilities), the impact of implementing the proposed project on sewage systems is forecast to be less than significant. 16.c. Less Than Significant Impact. The development of the parcel will require or result in the construction of new storm water drainage facilities onsite that will connect to the existing system currently in place. The design of the existing system offsite is expected to be sufficient to handle this project and will not require the expansion of existing facilities (Preliminary Drainage Study prepared by Tory R. Walker Engineering, Inc. on February 13, 2009). The project has been conditioned to address storm drainage flows that would result from the proposed development. This project will be conditioned to comply with Conditions of Approval for Tentative Map No. 36175 and Conditional Use Permit for the water park development on Parcel 1. With implementation of the drainage study recommendations, impacts associated with storm water drainage would be less than significant. 16.d Less Than Significant Impact. Adequate water supplies have been identified by the Rancho California Water District to meet the current and immediate future demands in its service area, including the proposed project. While the proposed project will have an incremental impact upon existing systems, the project will not significantly impact existing water supplies nor require expanded water entitlements. Therefore, a less than significant impact is expected. 161-g. Less Than Significant Impact. The project will not result in a need for new landfill capacity. According to the General Plan Environmental Impact Report (EIR), page 5.14-5, and the County Solid Waste Management Plan, adequate landfill disposal capacity exists within the regional landfills to meet current and future demands with the incorporation and continued expansion of recycling programs and opportunities. Any potential impacts from solid waste created by this development can be mitigated through participation in Source Reduction and Recycling Programs, which are implemented by the City. Less than significant impacts are anticipated as a result of this project. 17. MANDATORY FINDINGS OF SIGNIFICANCE. Would the project: Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and Supporting Information Sources Impact Incorporated Impact Impact a Does the project have the potential to degrade the quality of ✓ the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b Does the project have impacts that are individually limited, ✓ but cumulatively considerable ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c Does the project have environmental effects which will ✓ cause substantial adverse effects on human beings, either direct) or indirectly? Comments: 17.a-c. Less Than Significant Impact. The proposed project is the subdivision of 35 acres (TPM 36175) and the construction and development of a 29,580 square foot water park on proposed Parcel 1. The project will be accessed via a one way entrance and a one way exit off of Dendy Parkway. This project will provide a commercial recreational outlet for the City of Temecula. A water park use is allowed by Conditional Use Permit approval in the Temecula Educational Center Planned Development Overlay District-10 (PDO-10) zoning designation if approved by the City. Potential impacts include short-term construction effects and the long-term effects that result from converting a property from its existing disturbed, vacant setting to a commercial recreational use. Most of the potential adverse impacts are either not significant or they can be controlled to a less than significant impact with identified mitigation measures. Several potential impacts (air quality, cultural resources, transportation/circulation) require mitigation, including modification of the construction schedule, to ensure that impacts are controlled to a less than significant level. As described previously, prehistoric or historic archaeological sites are known to exist within the project site. Mitigation would ensure that development would not cause a substantial adverse change in the significance of an archaeological or paleontological resource. Traffic impacts are limited, but when combined with the effects of past projects approved in the immediate area, the cumulative result is considerable. The applicant will be required to pay standard mitigation fees that will be used to help ease the traffic impacts in the City. The entire site has been previously graded and disturbed and, consistent with the MSHCP, the site has been previously analyzed by Joint Project Review (JPR) and was not considered suitable for conservation. Implementation of mitigation measures as previously described within this Initial Study would ensure that impacts to habitat and associated animal species are reduced to a less than significant level. Therefore, with mitigation, development of the proposed project would not degrade the quality of the environment, substantially reduce the habitat of fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of major periods of California history or prehistory. The project site would be developed in conformance with the City of Temecula's General Plan and Development Code. Cumulative effects for the development of this site were analyzed in the General Plan Environmental Impact Report. All cumulative resource issues were found to be consistent with the General Plan and the Development Code. Given the project's consistency with the General Plan and Development Code, the cumulative impact related to the development of the proposed project will not have a significant impact. The proposed project will not have environmental effects that would cause substantial adverse effects on human beings, directly or indirectly. Potential impacts include short-term construction effects and the long- term effects that result from converting a property from its existing setting to a developed site. Most of the potential adverse impacts are either not significant or they can be controlled to a less than significant impact with identified mitigation measures. 18. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets. a Earlier analyses used. Identify earlier analyses and state where the are available for review. b Impacts adequately addressed. Identify which affects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed b mitigation measures based on the earlier analysis. c Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which the address site-specific conditions for the project. Comments: 18.a. The City's General Plan and Final Environmental Impact Report, and the Draft and Final Environmental Impact Report for the Temecula Educational Complex were used as a referenced source in preparing the Initial Study. These documents are available for review at the City of Temecula Planning Department located at 43200 Business Park Drive. 18.b. Impacts to habitat from the development of site were previously addressed by mitigation measures based on an earlier analysis. 18.c. The mitigation measures are addressed in the Mitigation Monitoring Program, which is attached. SOURCES 1. Acoustical Analysis Report prepared by Michael Brandman Associates on August 17, 2006 2. Air Quality Impact Analysis Report prepared by Michael Brandman Associates on August 21, 2006 3. City of Temecula General Plan (April 12, 2005) 4. City of Temecula General Plan Final Environmental Impact Report (April 12, 2005) 5. Determination of Biologically Equivalent or Superior Preservation for the Temecula Education Complex prepared by Tom Dodson & Associates on December 17, 2005 (Revised January 11, 2006) 6. Draft Environmental Impact Report for the Temecula Education Complex Project prepared by Tom Dodson & Associates in November 2003 7. Final Environmental Impact Report for the Temecula Education Complex Project prepared by Tom Dodson & Associates in March 2004 8. Focused Burrowing Owl Survey on the Temecula Education Complex Project prepared by Tom Dodson & Associates on January 25, 2005 9. Preliminary Drainage Study for Splash Canyon Water Park/Montecito Apartments prepared by Tory R. Walker Engineering on February 13, 2009 10. Soils Report prepared by John R. Byerly on February 3, 2009 11. Soils Report prepared by Leighton Consulting on July 7, 2009 12. Traffic Impact Analysis prepared by DKS Associates on April 7, 2009 (Revised June 30, 2009) ATTACHMENT A MITIGATION MONITORING PROGRAM Mitigation Monitoring Program Project Description: The proposed project consists of a Tentative Parcel Map (PA09- 0040) and a Conditional Use Permit (PA09-0041). The Tentative Parcel Map (TPM 36175) will subdivide a 35 acre site into three parcels, one 19.7 acre parcel, one 11.3 acre parcel, and a 4.0 acre parcel to be dedicated for public improvements. The Conditional Use Permit proposes to development a water park on Parcel 1 consisting of pools, slides, and other types of water rides, concession stands, gift shop, party room, changing room with lockers, restrooms, picnic areas, service yard, and parking lot. Location: Northwest corner of Diaz Road and Dendy Parkway Applicant: Clearwater Development 35 Argonaut, Suite B-2 Aliso Viejo, California 92656 Air Quality General Impact: Violate any air quality standard or contribute substantially to an existing or projected air quality violation, or result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors). Mitigation Measure: M1. Prior to construction of the proposed improvements, the project proponent will provide a traffic control plan that will describe safe detours around the project construction site and provide temporary traffic control (i.e., flag person) during construction related truck hauling activities. M2. During construction of the proposed improvements, construction equipment will be properly maintained at an offsite location and includes proper tuning and timing of engines. Equipment maintenance records and equipment design specification data sheets shall be kept onsite during construction. M3. During construction of the proposed improvements, all contractors will be required not to idle construction equipment on site for more than 10 minutes. M4. During construction of the proposed improvements, the project applicant will make arrangements to ensure on-site meals are available to construction workers by arranging a lunch wagon to visit the construction site during work breaks including the lunch break. GAPLANNING\2009\PA09-0040 Diaz Property TPM\Planning\CEQA\Mitigation Monitoring Program.doc 1 M5. Prior to construction of the proposed improvements, the project proponent will provide a Dust Control Plan that will describe the application of standard best management practices to control dust during construction. Best management practices will include: 1. Application of water on disturbed soils and unpaved roadways a minimum of three times per day 2. Using track-out prevention devices at construction site access points 3. Stabilizing construction area exit points 4. Covering haul vehicles 5. Restricting vehicle speeds on unpaved roads to 15 miles per hour (mph) 6. Replanting disturbed areas as soon as practical and other measures, as deemed appropriate to the site, to control fugitive dust Specific Process: Planning staff will verify compliance with the above mitigation measures as part of the grading plan and building plan review process Mitigation Milestone: Prior to issuance of a grading permit and building permits Responsible Monitoring Party: Planning Department and Public Works Department Cultural Resources General Impact: Cause a substantial adverse change in the significance of a historical or archaeological resource pursuant to Section 15064.5, and disturb any human remains, including those interred outside of formal cemeteries. Mitigation Measures: M6. Mitigation measures 5.5-2, 5.5-3, 5.5-4, 5.5-5 from the Final EIR for the Temecula Education Complex Project (March 2004) shall apply to this project. 5.5-2: The City shall require the developer to implement a mitigation plan for cultural resources. The scope and extent of the mitigation plan shall be determined by consultation between City staff, Pechanga Band of Luiseno Mission Indians representatives, and the archaeological consultant for the project. G:\PLANNING\2009\PA09-0040 Diaz Property TPM\Planning\CEQA\Mitigation Monitoring Program.doc 2 5.5-3: The City shall require that site grading be monitored by a qualified archaeologist. Tribal monitors designated by the Pechanga Band of Luiseno Mission Indians shall also monitor site grading if required by the tribe. The monitors shall have the authority to halt and relocate construction activities if subsurfaces resources are encountered. Pechanga Tribal monitors will be allowed to monitor all archaeological surveys, tests and studies. The results of the surveys, tests and/or studies will be utilized to define what areas may require avoidance on the site and the specifics of how any recovered artifacts shall be managed with the Tribe, as mutually agreed upon by the City and its technical staff. 5.5-4: Prior to issuance of a grading permit, the project developer shall enter into an Agreement with the Pechanga Band of Luiseno Mission Indians that addresses the treatment and disposition of all cultural resources and human remains that may be impacted as a result of this development. 5.5-5: The City and site developer agree to relinquish ownership of all cultural resources, including all archeological artifacts that are found on the project site, to the Pechanga Band of Luiseno Indians for proper treatment and disposition. M7. Prior to the issuance of grading permits, the project proponent shall enter into a Treatment Agreement with the Pechanga Band of Luiseno Indians. This agreement will address the treatment and disposition of cultural resources and human remains that may be uncovered during construction as well as provisions for tribal monitors. M8. 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. M9. 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:\PLANNING\2009\PA09-0040. Diaz Property TPM\Planning\CECA\Mitigation Monitoring Program.doc 3 M10. If human remains are encountered, all activity shall cease and the County Coroner must be notified immediately. State Health and Safety Code Section 7050.5 state that no further disturbance 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. M11. If inadvertent discoveries of subsurface archaeological/ cultural resources are discovered during grading, the City, the Project applicant and the Tribe shall assess the significance of such resources and shall meet and confer regarding the mitigation for such resources. If the Project applicant and the Tribe cannot agree on the significance or the mitigation for such resources, these issues will be presented to the City of Temecula Director of Planning and Redevelopment for decision. The City of Temecula Director of Planning and Redevelopment shall make determination based on the provisions of the California Environmental Quality Act (CEQA) 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 Director of Planning and Redevelopment shall be appealable to the City Council. M12. The landowner shall agree to relinquish ownership of all cultural resources, including all Luiseno sacred items, burial goods and all archeological artifacts that are found on the project site to the Pechanga Band of Luiseno Indians for proper treatment and disposition. M13. All sacred sites within the project area are to be avoided and preserved. M14. The approximate 1.8 acre area of cultural site CA-RIV-237 located in the northwest corner of Planning Application Nos. PA09-0040 and PA09-0041 shall be preserved in Open Space and recorded with the County Recorder of Riverside County as a conservation easement for preservation purposed in perpetuity. Prior to the issuance of grading permits, the City and the Tribe will develop an accurate legal description of the area to be avoided for use in recording the Open Space and conservation easement. The 1.8 acres of CA-RIV 237 shall not be subject to development, archeological testing or ground-disturbing activities. Specific Process: The Planning Department shall be notified in the event any resources are discovered. Place the above Condition of Approval on this project to require cultural resource monitoring during all earthmoving activities. G:\PLANNING\2009\PA09-0040 Diaz Property TPM\Planning\CEQA\Mitigation Monitoring Program.doc 4 Mitigation Milestone: On-going during all earthmoving phases of the project Responsible Monitoring Party: Planning Department and Public Works Department Cultural Resources General Impact: Cause a substantive adverse change in the significance of paleontological resources. Mitigation Measures: M15. All impacts to the sandstone and fang lomerate members of the Pauba Formation shall 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. M16. Upon encountering any significant fossils, salvage of all fossils in the area shall be conducted with additional field staff and in accordance with modern paleontological techniques. M17. Any significant fossils recovered shall be prepared to a reasonable point of identification. Excess sediment or matrix will be removed from the specimens to reduce the bulk and cost of storage. Itemized catalogs of all material collected and identified shall be provided to the museum repository along with the specimens. M18. Prior to the issuance of a grading permit, a report documenting the results of the monitoring and any salvage activities and the significance of the fossils shall be prepared. M19. Any significant fossils recovered, along with the itemized inventory of the specimens, shall be deposited in a museum repository for permanent curation and storage. Mitigation Milestone: On-going during all earthmoving phases of the project Responsible Monitoring Party: Planning Department and Public Works Department Geology and Soils General Impact: Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: G:\PLANNING\2009\PA09-0040 Diaz Property TPM\Planning\CEQA\Mitigation Monitoring Program.doc 5 Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42, Strong seismic ground shaking, and/or seismic-related ground failure, including liquefaction. Mitigation Measure: M20. Seismically resistant structural design in accordance with local building ordinances shall be followed during the design of all structures. M21. Prior to the issuance of any grading and building permit, the recommendations contained in soils report(s) and geotechnical report shall be implemented. Specific Process: Planning, Public Works, and Building and Safety staff will verify compliance with the above mitigation measure as part of the grading and building plan check review processes. Mitigation Milestone: Prior to issuance of a grading permit and building permits Responsible Monitoring Party: Planning Department, Building and Safety Department, and Public Works Department Geology and Soils General Impact: Result in substantial soil erosion or the loss of topsoil, be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse, or be located on expansive soil, as defined in Table 18- 1-6 of the Uniform Building Code (1994), creating substantial risks to life or property. Mitigation Measure: M22. Prior to the issuance of any grading permit, the Applicant shall submit to the Public Works Department an erosion control plan prepared in accordance with the requirements of the Temecula Municipal Code, Section 18.15, Erosion and Sediment Control. M23. Prior to the issuance of any building permit, landscape plans shall be prepared for all slopes created by the grading and fill of these sites consistent with "Slope Planting Guidelines" and the Development Code, and shall provide erosion control on undeveloped portions of the site. Specific Process: Planning, Public Works, and Building and Safety staff will verify compliance with the above mitigation measure as part of the grading and building plan check review processes. G\PLANNING\2009\PA09-0040 Diaz Property TPM\Planning\CECA\Mitigation Monitoring Program.doc 6 Mitigation Milestone: Prior to issuance of a grading permit and building permits Responsible Monitoring Party: Planning Department, Building and Safety Department, and Public Works Department Noise General Impact: Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies. Mitigation Measure: M24. A noise complaint response program shall be established and shall respond to any noise complaints received for this project by measuring noise levels at the affected receptor site. If the noise level exceeds an Ldn of 65 dBA exterior or an Ldn of 45 dBA interior at the receptor, the applicant will implement adequate measures (which may include portable sound attenuation walls, use of quieter equipment, shift of construction schedule to avoid the presence of sensitive receptors, etc.) to reduce noise levels to the greatest extent feasible. M25. All construction equipment is required to be operated with mandated noise control equipment (mufflers or silencers). Enforcement will be accomplished by random field inspections by applicant personnel during construction activities. Specific Process: Planning staff will verify compliance with the above mitigation measures as part of the building plan check review process Mitigation Milestone: Prior to issuance of building permits Responsible Monitoring Party: Planning Department Noise General Impact: A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project Mitigation Measure: M26. Construction activities shall be limited to no more than the hours of 7:00 a.m. to 7:00 p.m. Monday through Saturday. No construction can occur outside of these hours or on Sundays or holidays except in the event of emergency Specific Process: Planning staff will verify compliance with the above mitigation measures as part of the building plan check review process G:\PLANNING\2009\PA09-0040 Diaz Property TPM\Planning\CEQA\Mitigation Monitoring Program.doc 7 Mitigation Milestone: Prior to issuance of building permits Responsible Monitoring Party: Planning Department Traffic General Impact: Cause an increase in traffic which is substantial in relation to the existing traffic load and rapacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ration on roads, or congestion at intersections) or Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways Mitigation Measure: M27. The project shall be responsible for fair-share participation for implementation of system improvements along Winchester Road, Ynez Road, and Jefferson Avenue. Specific Process: Planning staff will verify compliance with the above mitigation measures as part of the street improvement plan check review process Mitigation Milestone: Prior to issuance of grading permits Responsible Monitoring Party: Planning Department and Public Works Department G:\PLANNING\2009\PA09-0040 Diaz Property TPM\Planning\CEQA\Mitigation Monitoring Program.doc 8 ATTACHMENT B AERIAL AND VICINITY MAPS GAPLANNING\2009\PA09-0040 Diaz Property TPM\Planning\CEQA\CEC)A Initial Study.doc 39 City of Temecula PA09-0041 N Feet This map was made by the City of Temewla Geographic Information System. The map is derived from base data produced by the Riverside County Assessors Department and the Transportation and Land Management Agency of Riverside County. The City of Temewla assumes no warranty or legal responsibility for the information contained on this map. Date and information represented on this map are subject to update and modification. The Geographic Information System and other sources should be queried for the most currant information. This map is not for reprint or resale. 0 500 1,000 2,000 g 1 ~ 0 v Project Site C i LA r- ` t 9 l l ~ / J l,' y e`~ ~ F Y 7~ ~ aP 0 500 1,000 2A00 N Feet Associae Equity Management AAMC9 July 15, 2009 City of Temecula Planning Commission PO Box 9033 Temecula CA 92589-9033 Subject: Remington Busi re Owners Association Re:..___-._.-.Propo d Water_.Park.&rLow-In ome.Housing._.al To Whom It May Conc 42430 Winchester Road Temecula, California 92590-2504 Telephone 951.296.5640 Fax 951.296.5524 Web www.equitymgt.com LECIEUMC D n JUL 16 2009 & Dencly Parkway A proposed agreement to develop a water park and low income housing at the intersection of Diaz and Dendy Parkway is set to go before the planning commission in September. The Remington Business Centre Owners Association believes there are several implications with regards to the sheer nature of these projects. The Association is concerned about the negative impact this will have on all of the members of our 'association in terms of investment and keeping up with the attended use of this area as a high end business park. Regardless of the outcome of the possible environment impact report which would address noise pollution and traffic issues, the Association strongly opposes the plans for this development in the area which has been designated for office and industrial use. Thank ou, Vicki Giese, CMCA At the Direction of the Board VG/wc, CC: NM WBC-NM Temecula City Council CORRS/CITY/TEMECULA-OPPOSE WATER PARK-LOW INC HOUSING.RMG Associa' I The nation's leader in community association management I www.associaonitne.com 1 800.808.4882 TEMECULA WATERPARK Statement of Operations Clearwater Waterpark Development is pleased to submit for your review a statement of operations for the development of a waterpark located on the North West corner at the intersection of Diaz Rd and Dendy Pkwy. The park will be developed on approximately +/-17 acres. The site is designed to accommodate approximately 11 acres of waterpark with the balance allotted for access, and parking. Following is a partial listing of the key points accompanied by a brief description of the operations that would affect the property under which Clearwater anticipates working: 1. Hours and Days of Operation- The waterpark operating season is about four months of a calendar year. It is anticipated the Temecula Park will be open daily from Memorial Day to Labor Day from 10:00 AM to 8:00 PM. Additionally, the park will open for a few weekends prior to Memorial Day and after Labor Day depending on the weather. 2. Number of Employees- It is anticipated the park will retain a full time staff of 15 employees and 300 seasonal or part-time employees. The full time staff will oversee the year round operation and maintenance of the park. The 300 seasonal employee work forces will primarily be youth recruited from within the local community. 3. Number of Required Parking- Parking will be based on the City's code for a community/recreational pool of 1 space per 1,000 s.f. of recreational area for the park, and standard parking requirements for the administration buildings. This would equate to approximately 435 stalls for the park and an additional 48 for the administration and food service buildings totaling 483 stalls. Currently the park is designed to accommodate 498 vehicles with an additional 9 handicap and 10 bus stalls. 4. Average Daily Peak Trips Generated-. Clearwater anticipates the average daily attendance to be 2,000 people. 50% of the attendance or approximately 185 vehicles will arrive at the park between the hours of 9:30 AM and 12:00 PM. 85% of the daily attendance or approximately 130 cars will arrive before 3:30 PM. The remaining 15% or 55 vehicles will arrive at the park between the hours 3:30 PM and 8:00 PM. According to a parking and traffic, nearly all trips generated by the operation of the Temecula Park will not be during peak hours. 5. Type of Equipment or Process Used- There is not special equipment or processes used in the operation of a waterpark. 6. Description of Hazardous Materials- In order to maintain standards set forth by local health codes, a storage area for liquid chlorine will be designed into the park. This storage area will be located at the SE corner of the park behind the wave pool. In addition to liquid chlorine, a small quantity of muriatic acid will stored and used on site. Clearwater Waterpark Development feels the development of a waterpark in the City of Temecula will prove to be a tremendous asset to the community. It will not only provide wholesome family recreation for the residents of Temecula , but provide employment opportunities to hundreds of youth. Clearwater Waterpark Development looks forward to working with the City of Temecula and successfully constructing a Temecula's own premier waterpark. TEMECULA WATEPARK Section J. Statement of Justification Clearwater Waterpark Development, LLC is pleased to submit for your review the following justification outlining our request for a Conditional Use Permit. 1. This particular site is ideal for the proposed use. Based upon City requirements and our experience we have provided ample parking. We have also designed the entry to the Waterpark to handle the admission process quickly. It is close to Freeways, and centrally located for the Temecula Community. We have made good use of the space and been careful to provide for future needs. 2. While the Waterpark would be widely used by the local residents, the hours of operation would be off peak for traffic in the area. Our traffic study more clearly addresses this question. 3. The Waterpark would have an overall healthy impact on the community. It would fill a need for families looking for a place for their children to enjoy summer recreation. It would provide vital jobs and training for about 300 young people living in the community for the summer. It would provide wholesome entertainment for the community adding to the appeal of Temecula. 4. The project is being designed to compliment and add to the quality of the surrounding business community. It is a permitted use within the current city zoning and every step is being taken to make it compatible with the surrounding community and reach out to our neighbors. Along with this package we are submitting the same information to the Association Members. Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: Case No: PA09-0040 and PA09-0041 Applicant: Clearwater Development Proposal: A Tentative Parcel Map (TPM 36175) to subdivide a 35-acre site into three parcels; one 19.7 acre parcel, one 11.3 acre parcel, and a 4.0 acre parcel to be dedicated for public improvements, and a Conditional Use Permit to develop a community water park consisting of pools, slides, and other types of water attractions, concession stands, gift shop, party room, locker rooms, restrooms, picnic areas, service yard, and parking lot located at the northwest corner of Dendy Parkway and Diaz Road Environmental: In accordance with the California Environmental Quality Act (CEQA), the proposed project will not have a significant impact upon the environment based upon a completed Environmental Initial Study and Mitigation Monitoring Plan. As a result, a Mitigated Negative Declaration will be adopted in compliance with CEQA. Case Planner: Dana Schuma, (951) 693-3928 Place of Hearing: City of Temecula, Council Chambers Date of Hearing: August 19, 2009 Time of Hearing: 6:00 p.m. Project Site Any person may submit written comments to the Planning Commission before the hearing or may appear and be heard in support of or opposition to the approval of the project at the time of the hearing. Any petition for judicial review of a decision of the Planning Commission is controlled by the statute of limitations provisions set forth in Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the Planning Commission, shall be limited to those issues raised at the hearing as provided in Chapter 2.36 of the Temecula Municipal Code. Copies of the procedures for the conduct of City Council, Planning Commission, and Planning Director public hearings are available from the City Clerk. If you wish to challenge the above [project] in court, the challenge will be limited to only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice, and must be commenced within the time limit specified in Section 1094.5 and Section 1094.6 of the California Code of Civil Procedure. The proposed project application may be viewed at the City of Temecula Planning Department, 43200 Business Park Drive, Monday through Friday from 8:00 a.m. to 5:00 p.m. Questions concerning the project may be addressed to the case planner at (951) 693-3928.