Loading...
HomeMy WebLinkAbout09-019 PC ResolutionPC RESOLUTION NO. 09-19 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 TO BE 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 ATTES Patrick Richardson, Secretary [.SEAL]. s STATE OF CALI;?ORNIA ) COUNTY OF RWERSIDE )ss CITY OF TEMECULA ) I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 09-19 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: 5 PLANNING COMMISSIONERS: Carey, Guerriero, Harter, Kight, Telesion NOES: 0 PLANNING COMMISSIONERS None ABSENT: 0 PLANNING COMMISSIONERS None ABSTAIN: 0 PLANNING COMMISSIONERS None Patrick Richardson, Secretary EXHIBIT A DRAFT CONDITIONS OF APPROVAL 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 may take place until a mitigation plan or other 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 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 (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 a new 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. Priorto 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 repository for 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 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 survey that 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 copy of which is attached. The fee is made payable to the Riverside County Flood Control Water District by either a cashier's check or money order, prior to the issuance of a grading permit (unless deferred to a later date by the District), based upon the prevailing area drainage plan fee. 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 by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 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 by the 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 Eastern Municipal Water District g. Riverside County Flood Control and Water Conservation District h. City of Temecula Fire Prevention Bureau Planning Department Department of Public Works k. Riverside County Health Department 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' R/W) 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. b. 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 waterand sewer). c. Cherry Street (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. 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. a. 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). b. 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. a. Street centerline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. b. Driveways shall conform to the applicable City Standard Number 207A. c. Streetlights shall be installed along the public streets and shall be designed in accordance with City Standards Number 800. d. 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. 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 N 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 by a registered civil engineer and reviewed by the Department of Public Works for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. 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 approved Tentative 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 by the City to acquire the off site property interests required in connection with the subdivision. Security of a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the developer, at the developer's cost. The appraiser shall 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. a. 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. b. 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 (SW PPP) shall be available at the 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: a. 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: a. Improve the westerly half of Diaz Road from Dendy Parkway to 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. 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-wayand 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 City the 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: a. 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-49. Prior to issuance of the first Certificate of Occupancy on Parcel 2: a. 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. b. 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 WILLIAMS 1995 MARKET STREET General Manager-Chief Engineer RIVERSIDE, CA 92501 951.955.1200 FAX 951.788.9965 w .floodcontrolxoxiv .&a.us RIVERSIDE COUNTY FLOOD CONTRCIR F6 (a (9 fl M f9 n AND WATER CONSERVATION DISTRI D3~i~109 MAR 1 2 2009 City of Temecula Planning Department Post Office Box 9033 Temecula, CA 92589-9033 Attention: 1909 SCbLAUA/1 Ladies and Gentlemen: Re: Y tkm-00 P 1 I 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: r The 'boundary of the to er is within the 100 year Zone E floodplain limits for Murrieta Creek as delineated on Panel No. dated NAa 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 eDi 4'O0 t~s cfs to be 102-7.5 (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 de elopment 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 I&P7• . 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. The This project is located within the limits of the District's Murrieta Creek/ ~.~~VU 1 q V~ Y 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. W ~lX 1 4 -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 (LOMB) prior to occupancy. 117he applicant shall 0.hoc writter. 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, DALE V. ANDERSON Engineering Project Manager c: City of Temecula Attn: Dan York Zully Smith EASTERN MUNICIPAL ' WATER DISTRICT SINCE 1950 July, 13, 2009 Board of Directors President Ronald W. Sullivan Annie Bostre-Le, P.E., Special Projects Engineer City of Temecula Public Works Department and Vice Treasurer asur P.O. Box 9033 Joseph J. Kuchler, CPA Temecula, CA 92589-9033 Philip E. Paule Dear Ms. Bostre-Le: Randy A. Raord David J. Slawson Subject: DIAZ ROAD IMPROVEMENTS RELATED TO THE Board Secretary DEVELOPMENT OF TENTATIVE PARCEL MAP NO. 36716 (INCLUDING Rosmiarie V. Ilowdl DEVELOPMENT PLAN FOR 11 ACRE MULTI-FAMILY RESIDENTIAL AND CONDITIONAL USE PERMIT FOR 12 ACRE WATER PARK) PORnON OF Anthony M J. anager Pack PARCEL NO. 1 OF PARCEL MAP 4646; APN 909370-002 Antho Director of the EMWD staff has recently been in contact with your ottiee to review preliminary Metropofuae hater information regarding the subject development and potential impacts of proposed Dhrrici of So. Ca (if. Diaz Road improvement on EMWD facilities. Staff reports that an additional Randy A. Record 14 feet of fill would occur on Diaz Road for completion of the finish roadway Legal counsel surface elevation In preparation for the future Diaz Road and Cherry Street Redwine and Sherrill 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 Chen Street Bridge improvement by the City of Temecula. To date EMWD has completed relocation of 862 lineal-feet of the Diaz Road 38' 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/Skansks. 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" 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 arepursuant to a future Murrieta Creek Improvement by the US Army Corps of Engineers. F_MWD 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.ore . 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 EMWD.36" SEWER RELOCATION AND 36" RECYCLED WATER REINFORCEMENT 1 Mobilization, Bonds, a Insurance , 2 Shoring 1 LS $215,800.00 $21 3 Instal 36' Sewer 315 LF $825.00 $21 4 Trench Dewatering & Disposal 315 LF $300.00 $g 6 Conn. To existing sewer 2 EA $10,000.00 $7 6 Install Temp. Bypass System 1 LS $21,600.00 $7 7 Abandon Exist 36' Spirolite Sewer & We with CDF 340 LF $40.00 $1 8 Instal 80' Pour-Over MH to grade 1 EA $12,000.00 $1 9 Instag 36' Double Ball Flexible Expansion Joints & Wald Joints 2 EA $881000.00 $17 10 Instal 36" BFV & Weld Joints 1 EA $55,000.00 11 Prepare & Implement OH Eke. Power Protection Plan 1 LS $10,800.00 $1 12 Inatag Misc. Blow-oft and Air Valves to Conduct Rec. Wtr Shutdowns 1 LS $10,000.00 $1 12 Grade Access Road & All-Weather Drivable Access Surface 1 LS $12,000.00 $1 Construction total + 10% Contingency Engineering Design, Inspection, Construction Admin, & Other In-house Labor (6%) r... .eNnn Oha'n f w t^erhnicat Fnalneerhm and Survevina Services February 23, 2009 Dana Schuma, Project Planner O Dee pp City of Temecula C Planning Department FFB Post Office Box 9033 ? 4 ?009 Temecula, CA 92589-9033 1 o.rd of D'irwWrs Ralph H. D.By SUBJECT: WATER AND SEWER AVAILABILITY P ident TENTATIVE PARCEL MAP NO. 36715 CLU ING U. D. Hermes. DEVELOPMENT PLAN FOR 11-ACRE MULTI- MILY Sr. VimP i&mt RESIDENTIAL AND CONDITIONAL USE PERMIT FOR 12- SWphen J. Co... RDr.4a ACRE WATER PARK); PORTION OF PARCEL MAP NO. 1 een OF PARCEL MAP NO. 4646; APN 909-370-002 Bohn 6. Hoagland I...M_Llben [RC HOBBS COMPANY] WiHi.m E. Plummer Dear Ms. Schuma: o mm.: Please be advised that the above-referenced project/property is located within the Me .pG.E r service boundaries of Rancho California Water District (RCWD). The subject Gemrel Manager Phillip l- Forbes,O A . project/property fronts an existing 12-inch diameter water pipeline (1305 Pressure "°aanec.^er.lM.^ager' Zone), an existing 20-inch diameter recycled water pipeline (1381 Pressure Zone), T...r Perry R 1oo.k and an existing 15-inch diameter gravity sewer pipeline in Diaz Road. The subject DireROrof Planning project/property also fronts an existing 12-inch diameter water pipeline (1305 And. L.W.h.ter.P.& Pressure Zone), an existing 8-inch diameter recycled water pipeline (1381 Pressure Acting District Engineer Jeffrey D. Armatro. Zone), and an existing 8-inch diameter gravity sewer pipeline in Deady Parkway. Chief Pi.andal ORar Eelli E. Garcia Water/sewer service to the subject project/property does not currently exist. Di.trid S. mry Additions or modifications to water/sewer service arrangements are subject to the D'b"c~heel &Oa"tt L LLp Rules and Regulations (governing) Water/Sewer System Facilities and Service, as C. h esoer.l C.am.l 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. 081C W:a10081F450\FEG ea.cb. C"Gmla Water District 12135 Winche w Road • poet oir,. B.. 9017 • T.mmlla, California 925899019 • (951) 296-6900 • FAX (951) 295-6960 Dana Schuma/City or Temecula February 23, 2009 Pace 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 RC WD 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, TCALIFORNIA WATER DISTRICT L1___ 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 Butler, Principal Engineer (City of Temecula) Robert Hobbs, RC Hobbs Company 08\CW:at008T450\FEG nomho C~lirornia Water MOAot 42135 Winchester Road s Pon Olrim Box 9017 • Teo culs. C Womn 92589.9017 • (951) 296-69W s FAX (951) 29644 MAR - 3 2009 March 2, 2009 Annie Bostre-Le, P.E., Special Projects Engineer Ba..d nr Direcbn City of Temecula Ralph t Daily Public Works Department Pwident Ii" D. Herman Post Office Box 9033 Sr. Vice President Temecula, CA 92589-9033 Stephen J. Corona Be. R. Drake SUBJECT: DEVELOPMENT OF TENTATIVE PARCEL MAP NO. Jnhn g Hoagi..d 36715 (INCLUDING DEVELOPMENT PLAN FOR I1-ACRE Lvrtvee M. ul,au MULTI-FAMILY RESIDENTIAL AND CONDITIONAL wuD.m e. Plummer USE PERMIT FOR 12-ACRE WATER PARK) PORTION OF PARCEL NO. I OF PARCEL MAP NO. 4646, ol6«n: APN 909-370-002 M./lhew G. SW. General Manger PWBip L porhn, CPA Dear Ms. Bostre-Le: Auialant Ceeeral M.nagv/ 7lvunrer Parry R6..k With the City of Temecula's underlying ownership of the subject property and lli a arpmnm,g concurrent conditioning authority over the development of said project, Rancho And.^ 1- Wek.ter,PJ California Water District (RCWD) has identified several items of concern, as they Acting Dietria Engineer JeRre,D Armnrong relate to proposed improvements to Diaz Road and Cherry Street, fronting the CM A..ndai officer subject project/property. Such items of concern are listed as follows: Kalil E. Garda Di a ll tary - aHi.bwGn.ett 1. Site encroachment and impacts to RCWD Well No. 101 located at the Beat M.W LLP southeast comer of Diaz Road and Cherry Street. General C..l 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. 09CV:kn010\FEo Raa, h Calirorn . W.tar Di.iriet 42135 Wimhe R..d • Put olriu B. 9017 • 7kmenrb, GBr.rw 9258?9037 1 (951) 296-6900 • PAX 195112%6860 i Letter to Annie Bostre-Le/Cit, .f Temecula 1 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,1ST Real Estate Services Robert Hobbs, RC Hobbs Company 09\CW:Im010WEG R...h. Cda.r i. Water MAHct 421JS N'u,r Rwd • P eWffl.e Boo 9017 • T..e Cilifor 92589 WP 1 1951) 29"9W • FAX(961)296-6860 June 9, 2009 Annie Bostre-Le, P.E., Special Pre ilK{HYjW City of Temecula Public Works Department ~i>t}e* Post Office Box 9033 I~~iQiW~ii Temecula, CA 92589-9033 SUBJECT: DIAZ ROAD THE Board or Directors DEVELOPMENT OF TENTATIVE PARCEL MAP NO. 36715 Belph H. Daily (INCLUDING DEVELOPMENT PLAN FOR 11-ACRE President MULTI-FAMILY RESIDENTIAL AND CONDITIONAL USE U. D. NEs"an Sr. Vitt President PERMIT FOR 12-ACRE WATER PARK Stephen J. Corona PORTION OF PARCEL NO. 1 OF PARCEL MAP NO. 4646 Ban&Dcak. APN 909-370-002 John E. Hoagland Lawrence M. Libeu Dear Ms. Bostre-Le: Wmlem & Piummrr Pursuant to Rancho California Water District's (RCWD) letter dated March 2, 2009 tt (copy enclosed), several RCWD facility and property impacts were identified as they Matthew G relate to the proposed roadway improvements to Diaz Road and Cherry Street, G. Stone Ge.erel Mann., fronting the subject City of Temecula (City) project/property. Phillip L Forbes, CPA Aasfatant General Manager I Treasurer Perry R. Louck Dinectorof Planting Andrew L Webster, P.B. Actin DisMe Engineer JeCr.y D. Arm.tre all Chief Financial Offittr Relit E. Garcia Distriasecretary C. Michael Cow.tt Best Beat A Brfeger tJJ` General Counsel 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. He.chn C.lifernia W.Wc District .o.+..u._r.... o__.. o..... nm....o~ M. e . r.....--n- r.er_...:..,A...." ..o', 9MSW1 . c.r 1w1I .a. Letter to Annie Rostre-Le/City of Temecula June 9, 2009 RCWD 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\\C W : at025\F450WEG Rancho C.Wr I is W-ie niNdd - MM Diaz Road/Cherry Street Facility Relocations Budgetary Cost Estimate item Description gty unit Unit Price Total Cost Jurisdiction 1 General Requirements (Bond, Insurance, PM, 1 LS NA $8 Permits, Mob/Demob) 2 Furnish and Install 24" Recycled Water Pipeline 200 LF $350 $7 7 and Appurtenances 3 Furnish and Install 20" Recycled Water Pipeline 25 LF $300 $ Murrieta and Appurtenances '4 Furnish and Install 20`Recycletl 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 Installlabie Wa,e~Papeline SO + `.,LF + "7$250 $12j~00 ` Tenteclda and Appurtenances ; 5 . Furnish `and'Inst$812"PotabieWatpt,Pipeline` 800 LF $200'. $160,000 Temecu and Appurtenances , , 8 Furnish and Install 14" Sewer Force Main 100 LF $250 $25;000 Murrieta, Pipeline and Appurtenances . Furnish and'h' all~g Main'- 00 LF $250 $200,000 Temecula + Pipeline and Appa,enances 10 Furnish and Install Fiber Optic Cable and 100 LF $75 $7 ,500 Murrieta Aoourtenances 800 I , $75 I i;t r;.:aa :>-4Dw,uw. Construction Subtotal: 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 $3,19,000