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Home My WebLink About112013 PC Agenda 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]. AGENDA TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET NOVEMBER 20, 2013 — 6:00 PM Next in Order: Resolution: 13-44 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 1.1 CONTINUED FROM NOVEMBER 6, 2013: Approve the Action Minutes of October 16, 2013 1.2 Approve the Action Minutes of November 6, 2013 2 Director's Hearing Summary Report RECOMMENDATION: 2.1 Receive and File 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. 3 Planning Application No. PA13-0166, a Major Modification to revise a previously approved 6,000 square foot restaurant (unconstructed) to a 12,543 square foot surgery center, located at 31469 Rancho Pueblo, Eric Jones RECOMMENDATION: 3.1 Adopt a resolution entitled: PC RESOLUTION NO. 13- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA13-0166, A MAJOR MODIFICATION APPLICATION TO REVISE A PREVIOUSLY APPROVED 6,000 SQUARE FOOT RESTAURANT (THAT HAS NOT BEEN CONSTRUCTED) TO A 12,545 SQUARE FOOT SURGERY CENTER. THE PROJECT SITE IS GENERALLY LOCATED ON THE NORTHEAST CORNER OF TEMECULA PARKWAY AND RANCHO PUEBLO ROAD AT 31469 RANCHO PUEBLO ROAD (APN 959-070-031) 2 REPORTS FROM COMMISSIONERS DIRECTOR OF COMMUNITY DEVELOPMENT REPORT ADJOURNMENT Next regular meeting: Wednesday, December 4, 2013, 6:00 PM City Council Chambers, 41000 Main Street, Temecula, California. NOTICE TO THE PUBLIC The agenda packet (including staff reports) will be available for public viewing in the Main Reception area at the Temecula Civic Center(41000 Main Street,Temecula)after 4:00 PM the Friday before the Planning Commission meeting. At that time,the agenda packet may also be accessed on the City's website — www.cityoftemecula.orq — and will be available for public viewing at the respective meeting. Supplemental material received after the posting of the Agenda Any supplemental material distributed to a majority of the Commission regarding any item on the agenda, after the posting of the agenda,will be available for public viewing in the Main Reception area at the Temecula Civic Center(41000 Main Street,Temecula, 8:00 AM — 5:00 PM). In addition, such material may be accessed on the City's website—www.citvoftemecula.orq—and will be available for public viewing at the respective meeting. If you have questions regarding any item on the agenda for this meeting, please contact the Planning Department at the Temecula Civic Center,(951)694-6400. 3 r � ITEJ1 1 L J ACTION MINUTES TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET OCTOBER 16, 2013 — 6:00 PM Next in Order: Resolution: 13-40 PRELUDE MUSIC: Earlene Bundy CALL TO ORDER: Flag Salute: Commissioner Carey Roll Call: Carey, Guerriero, Harter, Kight, and Telesio ABSENT: GUERRIERO, KIGHT CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the Action Minutes of October 2, 2013 APPROVED 3-0-2-0; MOTION BY COMMISSIONER HARTER, SECOND BY COMMISSIONER CAREY; VOTE REFLECTED APPROVAL; GUERRIERO, KIGHT ABSENT 2 Director's Hearing Summary Report RECOMMENDATION: 2.1 Receive and File RECEIVE AND FILE 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. 1 3 Planning Application No. PA13-0187, a Home Product Review for Belle Maison by Lennar Homes featuring one-and two-story homes on 37 lots, located on the northwest corner of Butterfield Stage Road and Chemin Clinet, Eric Jones APPROVED 3-0-2-0; MOTION BY COMMISSIONER TELESIO, SECOND BY COMMISSIONER HARTER; VOTE REFLECTED APPROVAL; GUERRIERO, KIGHT ABSENT RECOMMENDATION: 3.1 Adopt a resolution entitled: PC RESOLUTION NO. 13-40 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA13-0187, A HOME PRODUCT REVIEW APPLICATION FOR BELLA MAISON BY LENNAR HOMES FEATURING ONE- AND TWO-STORY HOMES ON 37 LOTS, LOCATED ON THE NORTHWEST CORNER OF BUTTERFIELD STAGE ROAD AND CHEMIN CLINET (TRACT MAP NO. 23103-2) 4 Planning Application No. PA13-0165, a Modification to a previously approved Minor Conditional Use Permit for Aftershock Brewery to extend their operating hours to 1 p.m. to 8 p.m. from the previously approved 1 p.m. to 6 p.m. and to relocate the business to a new suite within the same building, located at 28822 Old Town Front Street, Eric Jones APPROVED 3-0-2-0; MOTION BY COMMISSIONER HARTER, SECOND BY COMMISSIONER CAREY; VOTE REFLECTED APPROVAL; GUERRIERO, KIGHT ABSENT RECOMMENDATION: 4.1 Adopt a resolution entitled: PC RESOLUTION NO. 13-41 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA13-0165, A MODIFICATION TO A PREVIOUSLY APPROVED MINOR CONDITIONAL USE PERMIT FOR AFTERSHOCK BREWERY TO EXTEND THEIR OPERATING HOURS TO 1 P.M. TO 8 P.M. FROM THE PREVIOUSLY APPROVED 1 P.M. TO 6 P.M. AND TO RELOCATE THE BUSINESS TO A NEW SUITE WITHIN THE SAME CENTER LOCATED AT 28822 OLD TOWN FRONT STREET (APN 922-093-003) REPORTS FROM COMMISSIONERS REPORTS FROM COMMISSION SUBCOMMITTEE(S) DIRECTOR OF COMMUNITY DEVELOPMENT REPORT 2 ADJOURNMENT Next regular meeting: Wednesday, November 6, 2013, 6:00 PM City Council Chambers, 41000 Main Street, Temecula, California. John Telesio Patrick Richardson Chairman Director of Community Development 3 ACTION MINUTES TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET NOVEMBER 6, 2013 — 6:00 PM Next in Order: Resolution: 13-42 CALL TO ORDER: Flag Salute: Commissioner Guerriero Roll Call: Carey, Guerriero, Harter, Kight, and Telesio ABSENT: CAREY PRESENTATIONS/PROCLAMATIONS 1 Business Spotlight Recognition Presentation, Cassidian, Christine Damko CONSENT CALENDAR 2 Minutes RECOMMENDATION: 2.1 Approve the Action Minutes of October 16, 2013 CONTINUED TO NOVEMBER 20, 2013; MOTION BY COMMISSIONER TELESIO, SECOND BY COMMISSIONER HARTER; CAREY ABSENT 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. 3 Long Range Planning Project No. LR13-0007, Municipal Code Amendments to portions of Title 6, Title 16, and Titlel7 and to make other minor clarifications and typographical corrections to the Development Code, Dale West APPROVED 4-0-1-0; MOTION BY COMMISSIONER KIGHT, SECOND BY COMMISSIONER GUERRIERO; VOTE REFLECTED APPROVAL; CAREY ABSENT 1 RECOMMENDATION: 3.1 Adopt a resolution entitled: PC RESOLUTION NO. 13-42 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PORTIONS OF TITLE 6, TITLE 8, TITLE 16, AND TITLE 17 OF THE TEMECULA MUNICIPAL CODE AMENDING THE DEFINITION OF A CATTERY AND THE DEFINITION OF SMOKING, ALLOWING CERTAIN USES AMONG VARIOUS ZONING DISTRICTS, REVISING PROCEDURES FOR ZONING APPEALS AND EXTENSIONS OF TIME FOR TENTATIVE MAPS, DESCRIPTIONS FOR RESIDENTIAL DISTRICTS, AGRICULTURAL USES WITHIN RESIDENTIAL DISTRICTS, USE REGULATIONS FOR PLANNED DEVELOPMENT OVERLAY PD0-4, BICYCLE PARKING REQUIREMENTS, STANDARDS FOR PERMANENT WALL SIGNS, CLARIFYING SETBACKS FOR SWIMMING POOLS AND SPAS, AND TO MAKE OTHER MINOR CLARIFICATIONS AND TYPOGRAPHICAL CORRECTIONS TO THE TEMECULA MUNICIPAL CODE" 4 Planning Application No. PA13-0203, a Minor Conditional Use Permit for Relentless Brewing to operate a beer manufacturing facility within two suites, totaling 2,528 square feet, including 495 square feet of the suites to be utilized for retail sales and a tasting area, located at 42030 Avenida Alvarado, Suites E and F, Kenny Taylor APPROVED 4- 0-1-0; MOTION BY COMMISSIONER GUERRIERO, SECOND BY COMMISSIONER HARTER; VOTE REFLECTED APPROVAL; CAREY ABSENT RECOMMENDATION: 4.1 Adopt a resolution entitled: PC RESOLUTION NO. 13-43 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA13-0203, A MINOR CONDITIONAL USE PERMIT FOR RELENTLESS BREWING TO OPERATE A BEER MANUFACTURING FACILITY WITHIN A 495 SQUARE FOOT RETAIL SALES AND TASTING AREA LOCATED AT 42030 AVENIDA ALVARADO, SUITE E AND F (APN 909-252-002). 2 REPORTS FROM COMMISSIONERS REPORTS FROM COMMISSION SUBCOMMITTEE(S) DIRECTOR OF COMMUNITY DEVELOPMENT REPORT ADJOURNMENT Next regular meeting: Wednesday, November 20, 2013, 6:00 PM City Council Chambers, 41000 Main Street, Temecula, California. John Telesio Patrick Richardson Chairman Director of Community Development 3 r � ITEM 2 L J CITY OF TEMECULA COMMUNITY DEVELOPMENT MEMORANDUM TO: Planning Commission FROM: Patrick Richardson, Director of Community Development DATE: November 20, 2013 SUBJECT: Director's Hearing Summary Report Planning Director's Agenda items for October, 2013 Date Case No. Proposal Applicant Action October 3, 2013 PA13-0164 A Modification to allow San Joaquin Kimberly Boone APPROVED Valley College to amend their existing Conditional Use Permit by increasing existing square footage for the college by 2,000 square feet, within an existing building, to allow for a dental assistant program, located at 27270 Madison Avenue October 24, 2013 PA13-0175 A Minor Conditional Use Permit for Hppy Kevin Kasiss HEARING Days Hookah and Vapor Lounge to allow CANCELLED indoor smoking of hookah and tobacco products for members age 18 and over within an existing structure, located at 27287 Nicolas Road Attachment: Action Agenda ACTION AGENDA ACTION AGENDA TEMECULA PLANNING DIRECTOR'S HEARING REGULAR MEETING OCTOBER 3, 2013 1:30 P.M. TEMECULA CITY HALL Great Oak Conference Room 41000 Main Street Temecula, CA 92590 CALL TO ORDER: Stuart Fisk, Senior Planner PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the Director of Community Development on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Director about an item not listed on the Agenda, a white "Request to Speak" form should be filled out and filed with the Director. When you are called to speak, please come forward and state your name and address. Item No. 1 1:30 p.m. Project Number: PA13-0164 Project Type: Modification Project Title: San Joaquin Valley College Expansion Applicant: Kimberly Boone Project Description: A Modification to allow San Joaquin Valley College to amend their existing Conditional Use Permit by increasing existing square footage for the college by 2,086 square feet, within an existing building, to allow for a dental assistant program Location: 27270 Madison Avenue Environmental Action: Section 15301 Class 1 Existing Facility Project Planner: Eric Jones ACTION: APPROVED NOTICE TO THE PUBLIC The agenda packet(including staff reports)will be available for public viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street,Temecula)after 4:00 PM the Friday before the Director's Hearing. At that time,the agenda packet may also be accessed on the City's website—www.cityoftemecula.orq—and will be available for public viewing at the respective meeting. Supplemental material received after the posting of the Agenda Any supplemental material distributed regarding any item on the agenda, after the posting of the agenda,will be available for public viewing in the Main Reception area at the Temecula Civic Center(41000 Main Street,Temecula,8:00 AM—5:00 PM). In addition,such material may be accessed on the City's website—www.cityoftemecula.orq—and will be available for public viewing at the respective meeting. If you have questions regarding any item on the agenda for this meeting,please contact the Planning Department at the Temecula Civic Center,(951)694-6400. r � ITEM 3 L J STAFF REPORT— PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: November 20, 2013 PREPARED BY: Eric Jones, Case Planner PROJECT Planning Application No. PA13-0166, a Major Modification SUMMARY: application to revise a previously approved 6,000 square foot restaurant (that has not been constructed) to a 12,545 square foot surgery center. The project site is generally located on the northeast corner of Temecula Parkway and Rancho Pueblo Road at 31469 Rancho Pueblo Road. RECOMMENDATION: Approve with Conditions CEQA: Subsequent EIRs and Negative Declarations Section 15162 PROJECT DATA SUMMARY Name of Applicant: Sherrie Munroe on behalf of United Surgery Center General Plan Professional Office (PO) Designation: Zoning Designation: Planned Development Overlay 6 (PDO-6) Existing Conditions/ Land Use: Site: Vacant Lot/Professional Office (PO) North: Rancho Pueblo Road, Public Storage Structure/Professional Office (PO) South: Temecula Parkway, Existing Residential/Low Medium Residential East: Existing Professional Office Structures, Hospital/Professional Office (PO) West: Rancho Pueblo Road, Existing Religious and Educational Facility/ Professional Office (PO) Existing/Proposed Min/Max Allowable or Required Lot Area: 1.01 Acres .91 Acres Total Floor Area/Ratio: 0.18 Proposed 1.00 Max Landscape Area/Coverage: 28 Percent 25 Percent Parking Required/Provided: 16 Spaces Required 39 Spaces Provided C:\Program Files(x86)\neevia.com\docConverterPro\temp\NVDC\C65918EF-D45D-4699-8E97-94A760747B06\5547.docl BACKGROUND SUMMARY On July 9, 2013, Sherrie Munroe, on behalf of United Surgery Center, submitted Planning Application PA13-0166. The application is for a Major Modification that will allow a previously approved restaurant to instead be constructed as an outpatient surgery center. 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 Site Plan The project consists of a single story outpatient surgery center totaling 12,545 square feet along Temecula Parkway within the Rancho Pueblo Planned Development Overlay (PDO-6). Specifically, the project will become part of the Rancho Pueblo Professional Center located on the eastern most portion of the PDO. The building will be set back approximately 39 feet from Temecula Parkway. The proposed project is consistent with the General Plan, which allows for office buildings and meets all provisions within the Development Code and PDO-6. Access to the project will be via the two existing access points for the Rancho Pueblo Professional Center. Once on the property, vehicular access is provided around the entire site by the driveway system in the parking lot. Parking for the project has been evaluated using the requirements listed in the City of Temecula Development Code. The code provides provisions for medical offices and medical centers. United Surgery Center is a combination of these two uses. Medical offices require one space per two-hundred square feet according to the code. The medical office portion of the project totals 1,899 square feet and will require nine parking spaces. Medical centers require one space per every three patient beds. The medical center portion of the project includes 21 beds and will require seven spaces. The complete project will require sixteen spaces. The applicant has proposed to provide 39 parking spaces. A recorded reciprocal parking and access agreement is also in effect for the project site and the rest of the Rancho Pueblo Center. Architecture The proposed building elevations and architecture for the project are consistent with the provisions contained within the Development Code, City-Wide Design Guidelines, and PDO-6. The architectural style of the development integrates distinctive Spanish style elements that are consistent with other developments located within PDO-6. These elements include arches, mission roof tiles, and recessed windows and doors. In addition, the office buildings feature a smooth stucco finish and decorative trellis elements that are consistent with other developments within the PDO. Landscaping The selection and placement of landscaping compliments the overall development. Twenty- eight percent of the project will feature landscaping and hardscape, which exceeds the minimum PDO requirement of 25 percent for projects within a Professional Office zoning district. The landscape plans indicate that a landscape buffer of approximately 30 feet will separate the structure from Temecula Parkway. In addition, landscaping will also be placed around the C:\Program Files(x86)\neevia.com\docConverterPro\temp\NVDC\C65918EF-D45D-4699-8E97-94A760747B06\5547.doc2 building as a way to provide an attractive visual break between the building, parking lot, and hardscape areas. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the U-T San Diego on November 7, 2013 and mailed to the property owners within the required 600-foot radius. ENVIRONMENTAL DETERMINATION The proposed project has been determined to be consistent with the previously approved EIR and is exempt from further environmental review. The proposed project has been determined to be consistent with the previously adopted Mitigated Negative Declaration and is exempt from further environmental review. The previously adopted Mitigated Negative Declaration was designed to examine a total of 315,374 square feet of allowable building square footage for the Rancho Pueblo Professional Center (Planning Area B) located on the far east side of PDO-6. However, only 272,238 square feet of allowable building area has been entitled. This leaves a remainder of 43,136 square feet that was evaluated by the Mitigated Negative Declaration that has not been developed. The proposed project is the second to last commercial lot in the PDO to be entitled and would utilize 12,545 square feet of this remainder. The project is consistent with the use requirements of the Rancho Pueblo Specific Plan. FINDINGS Modification (Section 17.05.030.E) 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 use is consistent with the goals and policies contained within the General Plan. According to the Land Use Element of the General Plan, the Professional Office Land Use Designation allows for office buildings situated in a landscaped garden setting. This project consists of a single-story office building with sufficient landscaping consistent with the objectives contained in the General Plan. The proposed project is also consistent with all zoning requirements for the PD0-6. The project meets all applicable design standards contained within the Development Code and City-Wide Design Guidelines, and the design of the project meets the intent of the Community Design Element of the General Plan. The site is properly planned and zoned, and as conditioned, is physically suitable for the type of development proposed. The project, as conditioned, is also consistent with other applicable requirements of State law and local Ordinances, including the California Environmental Quality Act (CEQA), and all applicable 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 this project, including the site design, building elevations, parking circulation and other associated site improvements is consistent with, and intended to protect, the health and safety of those working in and around the site. The project, as conditioned, has been found to be consistent with all applicable policies, guidelines, standards and regulations C:\Program Files(x86)\neevia.com\docConverterPro\temp\NVDC\C65918EF-D45D-4699-8E97-94A760747B06\5547.doc3 intended to ensure that the development will be constructed and function in a manner which will protect the public health, safety and general welfare. ATTACHMENTS Vicinity Map Plan Reductions Resolution Exhibit A - Draft Conditions of Approval Notice of Public Hearing C:\Program Files(x86)\neevia.com\docConverterPro\temp\NVDC\C65918EF-D45D-4699-8E97-94A760747B06\5547.doc4 VICINITY MAP Project Site ,_ ,0,0 \\\\ 141:5141"4f4 it- - YYJ NAY 1 Q .. 11 { N ,,1:)�`'P 01 Ili TI' 1 SOS, N ii 1 A 1 TO k 1111.\\*11111 . 110 iti 'CIA ov.co ij 111116111111w— 1\ 11111.111111111 o #01 Ti-) 4liki) O.� o 1 _ \ 1s` (p m G1 C3��N I 0 ANINI ti� 0 ,0,11 IX‘14 \ 1 i 0 100 200 400 \ lei 0411111W .' Feet '. 111 f PA13-0166 SITE PLAN WOO 1100010110N TO 1103-Olea 1 3 ago arr or Twocum 1T4T1 C.CJib'01TTA i } t t 1 .� IS_ Mr 70 St. " " -ice I . 1--, y. r_,or ' I�` -' MI fyl•471.O14 riwa w.c mrcaw. 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SURGERY EERIER 10.616 SCA FT. 12013 0E VW: 149 50.R. UNITED MEDICAL CENTER " _ rr.1 p.g. .p.l .q ...g_.C .T.g _ _- _ _ __—.. ._— __ — — _— —. _ — —. _ _ _ _ _ TEMECULA, CALIFORNIA FIRST FLOORPLAN 09.05.13 (i 6 S (D,I (L�J �a _� r -, -1. I I MEW I I 1 M I ' __.-iii-.._ ._ r+jnnrlrmmtQrmnlrmrn.t.t= 1"'° ..,..�� _ .... n I .°- - �E --•—` 'c -. '-I -- `.:..a-•. X11 .�.f --- '-V r; q IrtlB Wr1 $VY_ - 7._uoz _. t p',._ +�r� oii :# n Olio ,,2 .°9; t )1 `M a II itl ii, 1 ---1 ---1] C 1�•� �f i r[ta S W5: O4ME !lpp!p�� ueT+i it' 6041 I I 90 sF � s IIY �:• .�1&# ta, rAlgrl 11"TT]]ll + ttl , y Y l! J• ` ,,lrrrt MO y ZS bT/ KY k� ry 11� ,.. l,! 1.„ Ili a f INF . _ ^-_ IT � _ I' ZS OF ♦P 1. yF �I 91 Y, Owel�lFP4 "gRI 9 r� F., g , I gm ' g�^��I LLL J WIC w.iylR _rye, M1 1.FI� +'I I!IF-grgmr-,01 :� I III MOO �� . � ss4m Ye "' 4:9. rl1 o t. 4 III IIYtIY tag italh I i 91/Y I 11f F , J+ IIIIM1 N :Lru rig' I uxinNr ns u Ill�r � lei°am � � �W i � � 69 SF .47 !� IFWt[ 111S I le l 1 MI.1/III N s vK rte# �y I 5 .f 5 �. �`?�I _ f—_.. —_�- —.ICl1 !rlltC la`�_ j.-5 - lir(y�. >'f1TKR1TItIH1TrIrI16Qf0 - - `_ rRA� I I wawa I I / C I C 12013 ate` UNITED MEDICAL CENTER _ i 2 I. 1 . A R C .8' eX�r.:•C •T•S — _— - _ — - _ .> �. TEMECULA, CALIFORNIA FIRST FLOORPLAN 09.05.13 PC RESOLUTION NO. 13- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA13-0166, A MAJOR MODIFICATION APPLICATION TO REVISE A PREVIOUSLY APPROVED 6,000 SQUARE FOOT RESTAURANT (THAT HAS NOT BEEN CONSTRUCTED) TO A 12,545 SQUARE FOOT SURGERY CENTER. THE PROJECT SITE IS GENERALLY LOCATED ON THE NORTHEAST CORNER OF TEMECULA PARKWAY AND RANCHO PUEBLO ROAD AT 31469 RANCHO PUEBLO ROAD (APN 959-070- 031) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On July 9, 2013, Sherrie Munroe filed Planning Application No. PA13- 0166, a Major Modification 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 November 20, 2013, 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 Planning Commission hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PA13-0166 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: Modification, Development Code Section 17.05.030.E 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 use is consistent with the goals and policies contained within the General Plan. According to the Land Use Element of the General Plan, the Professional Office Land Use Designation allows for office buildings situated in a landscaped garden setting. This project consists of a single-story office building with sufficient landscaping consistent with the objectives contained in the General Plan. The proposed project is also consistent with all zoning requirements for the PD0-6. The project meets all applicable design standards contained within the Development Code and City-Wide Design Guidelines, and the design of the project meets the intent of the Community Design Element of the General Plan. The site is properly planned and zoned, and as conditioned, is physically suitable for the type of development proposed. The project, as conditioned, is also consistent with other applicable requirements of State law and local Ordinances, including the California Environmental Quality Act (CEQA), and all applicable fire and building codes. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare; The overall design of this project, including the site design, building elevations, parking circulation and other associated site improvements is consistent with, and intended to protect, the health and safety of those working in and around the site. The project as conditioned has been found to be consistent with all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner which will protect the public health, safety and general 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. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (Section 15162); The proposed project has been determined to be consistent with the previously adopted Mitigated Negative Declaration and is exempt from further environmental review. The previously adopted Mitigated Negative Declaration was designed to examine a total of 315,374 square feet of allowable building square footage for the Rancho Pueblo Professional Center (Planning Area B) located on the far east side of PDO-6. However, only 272,238 square feet of allowable building area has been entitled. This leaves a remainder of 43,136 square feet that was evaluated by the Mitigated Negative Declaration that has not been developed. The proposed project is the second to last commercial lot in the PDO to be entitled and would utilize 12,545 square feet of this remainder. The project is consistent with the use requirements of the Rancho Pueblo Specific Plan. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA13-0161, a Major Modification application to revise a previously approved 6,000 square foot restaurant (that has not been constructed) to a 12,545 square foot surgery center. The project site is generally located on the northeast corner of Temecula Parkway and Rancho Pueblo Road at 31469 Rancho Pueblo 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 20th day of November 2013. John Telesio, 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. 13- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 20th day of November 2013, 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.: PA13-0161 Project Description: A Major Modification application to revise a previously approved 6,000 square foot restaurant (that has not been constructed) to a 12,545 square foot surgery center. The project site is generally located on the northeast corner of Temecula Parkway and Rancho Pueblo Road at 31469 Rancho Pueblo Road. Assessor's Parcel No.: 959-070-031 MSHCP Category: Commercial DIF Category: Office TUMF Category: Service Commercial/Office Quimby Category: N/A (Non-Residential Project) Approval Date: November 20, 2013 Expiration Date: November 20, 2015 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 Fifty Dollars ($50.00) 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 Wildlife 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, or use of a property in conformance with a Conditional Use Permit. PL-5. The Planning Director may, upon an application being filed 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. This project and all subsequent projects within this site shall be consistent with Planned Development Overly No. 6 (Rancho Pueblo). 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. Other than stormwater, it is illegal to allow liquids, gels, powders, sediment, fertilizers, landscape debris, and waste from entering the storm drain system or from leaving the property. To ensure compliance with this Condition of Approval: a. Spills and leaks must be cleaned up immediately. b. Do not wash, maintain, or repair vehicles onsite. c. Do not hose down parking areas, sidewalks, alleys, or gutters. d. Ensure that all materials and products stored outside are protected from rain. e. Ensure all trash bins are covered at all times. PL-11. 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-12. The applicant shall submit to the Planning Department for permanent filing two 8"X 10" glossy photographic color prints of the approved color and materials board and the colored architectural elevations. All labels on the color and materials board and Elevations shall be readable on the photographic prints. PL-13. 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 COLOR Roof Tile Terra Cotta Stucco Recess/Accent Color Fine Sand Finish #32336 Stucco Field Color Fine sand Finish #31473 Lower Field Walls Saltilla Tile Window Frame Deep Blue Windows Solargray Salarban 60 (3) Float Glass 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. Parking for the project shall be shared across the site, including parking spaces in all lots that are a part of the project. If the project involves multiple lots, the applicant shall submit to the Planning Department a copy of a recorded Reciprocal Use Agreement, which provides for cross-lot access and parking across all lots. PL-16. 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. PL-17. The applicant shall comply with the Public Art Ordinance. PL-18. All parkways, including within the right-of-way, entryway median, landscaping, walls, fencing, recreational facilities and on-site lighting shall be maintained by the property owner or maintenance association. PL-19. The trash enclosures shall be large enough to accommodate a recycling bin, as well as regular solid waste containers. Prior to Issuance of Grading Permit(s) PL-20. 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-21. Double detector check valves shall be installed at locations that minimize their visibility from the public right-of-way, subject to review and approval by the Planning Director. PL-22. 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-23. If cultural resources are discovered during the project construction (inadvertent discoveries), all work in the area of the find shall cease, and a qualified archaeologist and representatives of the Pechanga Tribe shall be retained by the project sponsor to investigate the find, and make recommendations as to treatment and mitigation. PL-24. A qualified archaeological monitor will be present and will have the authority to stop and redirect grading activities, in consultation with the Pechanga Tribe and their designated monitors, to evaluate the significance of any archaeological resources discovered on the property. PL-25. Tribal monitors from the Pechanga Tribe shall be allowed to monitor all grading, excavation and groundbreaking activities, including all archaeological surveys,testing, and studies, to be compensated by the developer. PL-26. The landowner agrees to relinquish ownership of all cultural resources, including all archaeological artifacts that are found on the project area, to the Pechanga Tribe for proper treatment and disposition. PL-27. All sacred sites are to be avoided and preserved. PL-28. 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-29. 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-30. A copy of the Rough Grading Plans shall be submitted and approved by the Planning Department. Prior to Issuance of Building Permit(s) PL-31. 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-32. All downspouts shall be internalized. PL-33. Four copies of Construction Landscaping and Irrigation Plans shall be reviewed and approved by the Planning Department. These plans shall be submitted as a separate submittal, not as part of the building plans or other plan set. These plans shall conform to the approved conceptual landscape plan, or as amended by these conditions. The location, number, height and spread, water usage or KC value, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance and Water Storage Contingency Plan per the Rancho California Water District. 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-34. 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-35. The Landscaping and Irrigation Plans shall include a note stating that"Three landscape site inspections are required. The first inspection will be conducted at installation of irrigation while trenches are open. This will verify that irrigation equipment and layout is per plan specifications and details. Any adjustments or discrepancies in actual conditions will be addressed at this time and will require an approval to continue. Where applicable, a mainline pressure check will also be conducted. This will verify that the irrigation mainline is capable of being pressurized to 150 psi for a minimum period of two hours without loss of pressure. The second inspection will verity that all irrigation systems are operating properly, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The third inspection will verify property landscape maintenance for release of the one-year landscape maintenance bond." The applicant/owner shall contact the Planning Department to schedule inspections. PL-36. 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-37. 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). Applicant shall use evapotranspiration (ETo)factor of 0.70 for calculating the maximum allowable water budget. PL-38. 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-39. Specifications of the landscape maintenance program shall indicate that "Three landscape site inspections are required. The first inspection will be conducted at installation of irrigation while trenches are open. This will verify that irrigation equipment and layout is per plan specifications and details. Any adjustments or discrepancies in actual conditions will be addressed at this time and will require an approval to continue. Where applicable, a mainline pressure check will also be conducted. This will verify that the irrigation mainline is capable of being pressurized to 150 psi for a minimum period of two hours without loss of pressure. The second inspection will verity that all irrigation systems are operating properly, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The third inspection will verify property landscape maintenance for release of the one-year landscape maintenance bond." The applicant/owner shall contact the Planning Department to schedule inspections. PL-40. Automatic irrigation shall be installed for all landscaped areas and complete screening of all ground mounted equipment from view of the public from streets and adjacent property. PL-41. If any phase or area of the project site is not scheduled for development within six months of the completion of grading, it shall be temporarily landscaped and irrigated for dust and soil erosion control. PL-42. The plans shall include all hardscaping for equestrian trails and pedestrian trails within private common areas. PL-43. Precise Grading Plans shall be consistent with the approved rough grading plans including all structural setback measurements. PL-44. 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-45. All utilities shall be screened from public view. Landscape construction drawings shall show and label all utilities and provide appropriate screening. Provide a three-foot clear zone around fire check detectors as required by the Fire Department before starting the screen. Group utilities together in order to reduce intrusion. Screening of utilities is not to look like an after-thought. Plan planting beds and design around utilities. Locate all light poles on plans and insure that there are no conflicts with trees. PL-46. Building Construction Plans shall include detailed outdoor areas (including but not limited to trellises, decorative furniture, hardscape to match the style of the building subject to the approval of the Planning Director. PL-47. Building plans shall indicate that all roof hatches shall be painted"International Orange." PL-48. 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. PL-49. Trash enclosures for the project must be consistent with requirements contained within the Rancho Pueblo Planned Development Overlay. In addition, all trash enclosures shall have an architecturally integrated solid roof cover. PL-50. The developer shall provide the Planning Department verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit PL-51. 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 prior to scheduling for the final inspection. PL-52. The applicant shall be required to screen all loading areas and roof mounted mechanical equipment from view of the adjacent residences and public right-of-ways. If upon final inspection it is determined that any mechanical equipment, roof equipment or backs of building parapet walls are visible from any portion of the public right-of-way adjacent to the project site, the developer shall provide screening by constructing a sloping tile covered mansard roof element or other screening reviewed and approved by the Planning Director. PL-53. 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. OUTSIDE AGENCIES PL-54. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's letter dated August 1, 2013, a copy of which is attached. PL-55. The applicant shall comply with the recommendation set forth in the Pechanga Tribal Letter dated October 14, 2013. BUILDING AND SAFETY DIVISION General Conditions/Information B-1. Final Building and Safety conditions will be addressed when building plans are reviewed and submitted to Building and Safety. These conditions will be based on occupancy, use, the California Building Code (CBC), and related codes which are in force at the time of building plan submittal. B-2. All design components shall comply with applicable provisions of the 2010 edition of the California Building, Plumbing and Mechanical Codes; 2010 California Electrical Code; California Administrative Code,2010 California Energy Codes, 2010 California Green building Standards, California Title 24 Disabled Access Regulations, Temecula Municipal Code. B-3. 2010 California Green Building Standards provide 10%Voluntary Measures on project. B-4. The building to comply with City of Temecula's shell building policy or submit plans for a complete building. B-5. Applicant must Show path of travel to trash enclosure. B-6. Trash enclosure requires solid cover. B-7. Applicant must submit at time of plan review, 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-8. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. B-9. Applicant must provide a house electrical meter to provide power for the operation of exterior lighting, irrigation pedestals and fire alarm systems for each building on the site. FIRE PREVENTION General Requirements F-1. Final fire and life safety conditions will be addressed when building plans are reviewed by Fire Prevention. 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. Fire hydrants are exiting on site. They were installed when site was constructed. No additional fire hydrants will be required for this building. Prior to Issuance of Grading Permit(s) F-3. 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 and City Ordinance 15.16.020). F-4. 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 and City Ordinance 15.16.020). F-5. This development shall maintain two points of access,via all-weather surface roads,as approved by Fire Prevention (CFC Chapter 5). Prior to Issuance of Building Permit(s) F-6. The developer shall furnish three copies of the water system plans to Fire Prevention 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 and Chapter 5). F-7. Fire sprinkler plans shall be submitted to Fire Prevention for approval. Three sets of sprinkler plans must be submitted by the installing contractor to Fire Prevention. These plans must be submitted prior to the issuance of building permit. F-8. Fire alarm plans shall be submitted to Fire Prevention for approval. Three sets of alarm plans must be submitted by the installing contractor to Fire Prevention. The fire alarm system is required to have a dedicated circuit F-9. Generator permit will be required. Three sets of plans must be submitted by the installing contractor to Fire Prevention. Prior to Issuance of Certificate of Occupancy F-10. Hydrant locations shall be identified by the installation of reflective markers (blue dots) (City Ordinance 15.16.020). F-11. 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 and City Ordinance 15.16.020). F-12. 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). F-13. The applicant shall submit for review and approval by the City Fire Department a Hazardous Material Inventory Statement and Fire Department Technical Report. A full hazardous materials inventory report and color coded floor plan is required for any building storing or using hazardous materials (CFC Chapters 1 and 28 through 44 and City Ordinance 15.16.020). PUBLIC WORKS General Requirements PW-1. Unless otherwise noted, all conditions shall be completed by the developer at no cost to any Government Agency. It is understood that the developer correctly shows on the site plan all existing and proposed property lines, easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. 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 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. PW-5. The project shall include construction-phase pollution prevention controls into the design of the project to prevent non-permitted runoff from discharging off site or entering any storm drain system or receiving water during all field activities. PW-6. An updated version of the conceptually-accepted Water Quality Management Plan (WQMP) must be submitted to the Department of Public Works as part of the initial grading plan submittal package along with the previous red-lined version. The updated version must incorporate all comments from the previous review. PW-7. Permanent landscape and irrigation plans shall be consistent with the accepted WQMP. PW-8. The applicant shall comply with all underlying Conditions of Approval for Tentative Parcel Map No. 30797 (PA02-0512) as approved on August 20, 2003. PW-9. All onsite drainage and water quality facilities shall be privately maintained. Prior to Issuance of Grading Permit(s) PW-10. The WQMP must receive final acceptance by the Department of Public Works. PW-11. The project shall submit a completed WQMP Operation and Maintenance (O&M) Agreement that must include the owner's notarized signature, proof of recordation with the County Recorder's Office, and all maintenance procedures for each of the structural treatment control Best Management Practices (BMPs) outlined in the WQMP. PW-12. 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-13. 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 the Construction, Grading and Encroachment Ordinance Section 18.24.140 PW-14. 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 for the construction of engineered structures and pavement sections. PW-15. The developer shall have a Drainage Study prepared by a registered civil engineer in accordance with City Standards identifying storm water runoff expected from this site and upstream of this site. The study shall identify all existing or proposed public or private drainage facilities intended to discharge this runoff. The study shall also analyze and identify impacts to downstream properties and provide specific recommendations to protect the properties and mitigate any impacts. Any upgrading or upsizing of downstream facilities, including acquisition of drainage or access easements necessary to make required improvements, shall be provided by the developer. PW-16. Construction-phase pollution prevention controls shall be consistent with the Temecula Municipal Code Chapter 18.15 and associated technical manual and the City's standard notes for Erosion and Sediment Control. 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. 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-19. 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. Prior to Issuance of Building Permit(s) PW-20. 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-21. 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-22. The Developer shall pay a mitigation fee in an amount acceptable to the Department of Public Works. Said fee shall reflect the percentage of impact at each intersection and shall be in accordance to the traffic impact analysis dated May 17, 2002. PW-23. 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-24. 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-25. The project shall demonstrate that all of the structural water quality facilities outlined in the WQMP have been constructed and installed in conformance with approved plans and are ready for immediate implementation. PW-26. 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-27. 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-28. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by the Department of Public Works. POLICE DEPARTMENT General Requirements PD-1. Applicant shall ensure any landscaping surrounding buildings is kept at a height of no more than three feet or below the ground floor window sills. Plants, hedges and shrubbery shall be defensible plants to prevent would-be intruders from breaking into the buildings utilizing lower level windows. PD-2. Applicant shall ensure any trees surrounding building rooftops be kept at a distance to prevent 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. Any berms shall not exceed three feet in height. PD-4. All parking lot lighting shall be energy saving and minimized after hours of darkness and in compliance with Title 24, Part 6, of the California Code of Regulations. PD-5. All exterior lighting shall be in compliance with Riverside Mount Palomar Lighting Ordinance 655, low pressure sodium lighting preferred. PD-6. All exterior doors shall have a vandal resistant light fixture installed above the door. The doors shall be illuminated with a minimum one-foot candle illumination at ground level, evenly dispersed. PD-7. All lighting affixed to the exterior of buildings less than 8 feet high shall be vandal resistant. PD-8. All doors, windows, locking mechanisms, hinges, and other miscellaneous hardware shall be commercial or institution grade. PD-9. 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-10. Upon completion of construction, each building or business shall have an alarm system that is monitored by a designated private alarm company to notify the Temecula Police Department of any intrusion.All multi-tenant offices/suites/businesses located within a specific building shall each have their own alarm system. This condition is not applicable if the business is open 24/7. PD-11. Any roof hatches shall be painted "International Orange." PD-12. 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-13. All disabled parking stalls on the premises shall be marked in accordance with Section 22511.8 of the California Vehicle Code. PD-14. 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 below: 1. 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. 2. Provide clearly marked transitional zones. Persons need to be able to identify when they are moving from public to semi-public to private space. 3. Gathering or congregating areas to be located or designated in locations where there is good surveillance and access control. 4. 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. 5. 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. 6. 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. 7. 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. 8. 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. 9. 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. PD-15. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 506-5132. COUNTY OF RIVERSIDE DEPARTMENT OF ENVIRONMENTAL HEALTH Steve Van Stockum, Director August 1, 2013 City of Temecula /130, 47 Planning Department , Attn: Eric Jones, Project Planner P.O. Box 9033 AUG 20/ car � Temecula, CA 92589 SUBJECT: PA#13-0166—UNITED SURGERY MAJOR MODIFICATION (ASSESSORS PARCEL NUMBER#959-070-031) Dear Mr. Taylor: The Major Modification (MOD) application is seeking to revise a previously approved 6,000 square foot restaurant that has not been constructed to a 12,543 square foot surgery center. This project is located at the northeast corner of Temecula Parkway and Rancho Pueblo Road in the City of Temecula. In accordance with the agreement between the County of Riverside, Department of Environmental Health(DEH) and the City of Temecula, DEH offers the following comments for the proposed project: POTABLE WATER AND SANITARY SEWER SERVICE Prior to Planning Department approval of the project, an original copy of"will-serve" letter for water and sewer service from the appropriate purveyor(s) shall be provided to the County of Riverside, Department of Environmental Health(DEH). DISTRICT ENVIRONMENTAL SERVICES If a therapeutic pool/spa is proposed, this facility shall be required to contact DEH District Environmental Services to determine the appropriate plan check and/or permitting requirements. For further information,please call (951) 461-0284. County of Riverside, Department of Environmental Health District Environmental Services - Murrieta Office 38740 Sky Canyon Drive, Suite"A" Murrieta CA 92563 Office Locations • Blythe • Corona • Hemet • Indio • Murrieta • Palm Springs • Riverside • - Phone: (888)722-4234 www.rivcoeh.org COUNTY OF RIVERSIDE DEPARTMENT OF ENVIRONMENTAL HEALTH Steve Van Stockum, Director HAZARDOUS MATERIALS MANAGEMENT BRANCH (HMMB): The facility shall be required to contact DEH Hazardous Materials Management Branch (HMMB) to determine the appropriate permitting requirements for any proposed use and/or storage of hazardous materials including but not limited to pool/spa chemicals or compressed air CO2 tanks. For further information, please contact HMMB at(951) 461-0284. Should you have any questions regarding this letter,please contact me by phone at (951) 955- 8980. Si i&, V ichael Mistica, MBA, REHS Environmental Protection and Oversight Division Land Use and Water Resources Program Office Locations • Blythe • Corona • Hemet • Indio • Murrieta • Palm Springs • Riverside • Phone: (888)722-4234 www.rivcoeh.org Chairperson: Mary Bear Magee PECITIANGA CULTURAL RESOURCES Vice Chairperson: Temecula Band of Luiseno Mission Indians Darlene Miranda Committee Members: Post Office.Box 2183•Temecula,CA 92593 Evie Gerber Brid ett Barcello Maxwell Telephone(951)308-9295•Fax(951)506-9491 g Richard B.Scearce,III Germaine Arenas • Director: 3 Gary DuBois „ ` Il Coordinator: " October 14, 2013 r, ✓ Paul Macarro Cultural Analyst: Anna Hoover VIA E-MAIL and USPS Mr. Eric Jones Project Planner City of Temecula Planning Department 4100 Main Street Temecula, CA 92590 Re: Pechanga Tribe Comments and Proposed Mitigation Measures for the United Surgery Center Project (PA13-0166) Dear Mr. Jones: This comment letter is written on behalf of the Pechanga Band of Luiseno Indians (hereinafter, "the Tribe"), a federally recognized Indian tribe and sovereign government in response to a request for information by the City of Temecula. The Tribe formally requests, pursuant to Public Resources Code §21092.2, to be notified and involved in the entire CEQA environmental review process for the duration of the above referenced project (the "Project"). If you have not done so already, please add the Tribe to your distribution list(s) for public notices ' and circulation of all documents pertaining to this Project. The Tribe further requests to be directly notified of all public hearings and scheduled approvals concerning this Project. Please also incorporate these comments into the record of approval for this Project. Based on the Project information provided by the City, the Tribe understands that the proposed Project is an application for a major modification to an approved/not constructed 6,000 square foot restaurant located at the northeast corner of Temecula Parkway and Rancho Pueblo Road. The application proposes to construct a new 12,543 square foot surgery center in the undeveloped parcel. As you may know, the Project site is located within the Luiseno Ancestral Origin Landscape Area which includes tangible and intangible resources, including but not limited to tribal heritage resources, Luiseno place names, pictographs and petroglyphs -- rock art (tdota Sacred Is The Duty Trusted Unto Our Care And With Honor We Rise To The Need Pechanga Comment Letter to the City of Temecula Re: Pechanga Tribe Comments on the United Surgery Center,PA13-0166 October 14,2013 Page 2 yixelval), Village Complexes, Native American burials, TCPs, and other sacred places. While the Tribe is not opposed to this Project, we are opposed to any direct, indirect and cumulative impacts to the irreplaceable cultural resources located in this very special area we know as the Luiseno Ancestral Origin Landscape. The Tribe understands, based upon the 2006 fmal compaction report for the Rancho Pueblo Office Park project, that the site was previously graded to depths varying between 4 to 8 feet below the existing pad grades. The conceptual site plans show the current elevation on the property to be 1046 feet. The field density test summary for Parcel 8 of PM30797 shows that field density tests were conducted at elevations ranging from 1044 to 1041 feet. Presuming that the density tests were at the lowest elevation level, this is only a range of 2 to 5 feet in depth. Further, because there are no maps confirming what areas were graded to which depth, it is impossible at this stage to determine which section(s) were graded below the 2-foot level. In addition, we have not yet received the fmal archaeological report for the Rancho Pueblo Professional Center to determine at what depth cultural resources were found, if any. As such, the Tribe is concerned that any excavation may impact native soils and therefore requests tribal and archaeological monitoring during all earthmoving activities THE CITY OF TEMECULA MUST INCLUDE INVOLVEMENT OF AND CONSULTATION WITH THE PECHANGA TRIBE IN ITS ENVIRONMENTAL REVIEW PROCESS It has been the intent of the Federal Government' and the State of California2 that Indian tribes be consulted with regard to issues which impact cultural and spiritual resources, as well as other governmental concerns. The responsibility to consult with Indian tribes stems from the unique government-to-government relationship between the United States and Indian tribes. This arises when tribal interests are affected by the actions of governmental agencies and departments. In this case, it is undisputed that the project lies within the Pechanga Tribe's traditional territory. Therefore, in order to comply with CEQA and other applicable Federal and California law, it is imperative that the City of Temecula consult with the Tribe in order to guarantee an adequate knowledge base for an appropriate evaluation of the Project effects, as well as generating adequate mitigation measures. Although it is not anticipated, in the event that a General Plan, General Plan Amendment, Specific Plan or Specific Plan Amendment will be processed on this Project, the Lead Agency is required to consult with the Pechanga Tribe pursuant to a State law entitled Traditional Tribal Cultural Places (also known as SB 18; Cal. Govt. C. § 65352.3). The purpose of consultation is to identify any Native American sacred places and any geographical areas which could 'See e.g.,Executive Memorandum of April 29, 1994 on Government-to-Government Relations with Native American Tribal Governments,Executive Order of November 6,2000 on Consultation and Coordination with Indian Tribal Governments,Executive Memorandum of September 23,2004 on Government-to-Government Relationships with Tribal Governments,and Executive Memorandum of November 5,2009 on Tribal Consultation. 2 See California Public Resource Code §5097.9 et seq.;California Government Code §§65351,65352.3 and 65352.4 Pechanga Cultural Resources •Temecula Band of Luiseno Mission Indians Post Office Box 2183 • Temecula, CA 92592 Sacred Is The Duty Trusted Unto Our Care And With Honor We Rise To The Need Pechanga Comment Letter to the City of Temecula Re: Pechanga Tribe Comments on the United Surgery Center,PA13-0166 October 14,2013 Page 3 potentially yield sacred places, identify proper means of treatment and management of such places, and to ensure the protection and preservation of such places through agreed upon mitigation(Cal. Govt. C. 65352.3; SB18, Chapter 905, Section 1(4)(b)(3)). Consultation must be government-to-government, meaning directly between the Tribe and the Lead Agency, seeking agreement where feasible (Cal. Govt. C. § 65352.4; SB18, Chapter 905, Section 1(4)(b)(3)). Lastly, any information conveyed to the Lead Agency concerning Native American sacred places shall be confidential in terms of the specific identity, location, character and use of those places and associated features and objects. This information is not subject to public disclosure pursuant the California Public Records Act(Cal. Govt. C. 6254(r)). PECHANGA CULTURAL AFFILIATION TO PROJECT AREA The Pechanga Tribe asserts that the Project area is part of Luiseno, and therefore the Tribe's, aboriginal territory as evidenced by the existence of Luiseno place names, toota yixelval (rock art,pictographs, petroglyphs), and an extensive Luiseno artifact record in the vicinity of the Project. This culturally sensitive area is affiliated with the Pechanga Band of Luiseno Indians because of the Tribe's cultural ties to this area as well as extensive history with both this Project and other projects within the area. The Pechanga Tribe's knowledge of our ancestral boundaries is based on reliable information passed down to us from our elders; published academic works in the areas of anthropology, history and ethno-history; and through recorded ethnographic and linguistic accounts. Of the many anthropologists and historians who have presented boundaries of the Luiseno traditional territory, none have excluded the Temecula area from their descriptions (Sparkman 1908; Kroeber 1925; White 1963; Harvey 1974; Oxendine 1983; Smith and Freers 1994), and such territory descriptions correspond almost identically with that communicated to the Pechanga people by our elders. While historic accounts and anthropological and linguistic theories are important in determining traditional Luiseno territory, the most critical sources of information used to define our traditional territories are our songs, creation accounts, and oral traditions. Luiseno history originates with the creation of all things at `exva Temeeku, in the present day City of Temecula, and dispersing out to all corners of creation (what is today known as Luiseno territory). It was at Temecula that the Luiseno deity Wuyoot lived and taught the people, and here that he became sick, finally expiring at Lake Elsinore. Many of our songs relate the tale of the people taking the dying Wuyoot to the many hot springs at Elsinore, where he died (DuBois 1908). He was cremated at `exva Temeeku. It is the Luiseno creation account that connects Elsinore to Temecula, and thus to the Temecula people who were evicted and moved to the Pechanga Reservation, and now known as the Pechanga Band of Luiseno Mission Indians (the Pechanga Tribe). From Elsinore, the people spread out, establishing villages and marking their territories. The first people also became the mountains, plants, animals and heavenly bodies. Pechanga Cultural Resources • Temecula Band of Luiseno Mission Indians Post Office Box 2183 • Temecula, CA 92592 Sacred Is The Duty Trusted Unto Our Care And With Honor We Rise To The Need Pechanga Comment Letter to the City of Temecula Re:Pechanga Tribe Comments on the United Surgery Center,PA13-0166 October 14,2013 Page 4 The Pechanga Tribe has a specific legal and cultural interest in this Project as the Tribe is culturally affiliated with the geographic area, which comprises the Project property. The Tribe has been named the Most Likely Descendent (Cal. Pub. Res. C. §5097.98) on Projects in the City of Temecula and has specific knowledge of cultural resources and sacred places near the proposed Project. The Tribe welcomes the opportunity to meet with the City should further explanation and documentation concerning our specific cultural affiliation to lands within your jurisdiction be requested. REQUESTED TRIBAL INVOLVEMENT The proposed Project is on land that is within the traditional territory of the Pechanga Band of Luiseno Indians. The Tribe's primary concerns stem from the Project's proposed impacts on Native American cultural resources. The Tribe is concerned about both the protection of unique and irreplaceable cultural resources, such as Luiseno village sites, sacred sites and archaeological items which would be displaced by ground disturbing work on the Project, and on the proper and lawful treatment of cultural items, Native American human remains and sacred items likely to be discovered in the course of the work. The proposed Project is located within a known village that contains sacred items and other significant cultural:resources. This village is significant by itself but is of even greater import because it is a part of the Tribe's Origin Area, a TCP, specifically known as `exva Temeeku. Since there are known burial sites located less than 500 yards south-west of the current Project boundary, the Tribe is extremely concerned that the development will impact significant resources, including additional human remains. The Tribe knows that major villages located in this area have been utilized over a long period of time and during various occupation periods. The Tribe was involved with the previous developments in the vicinity of the Project such as Temecula Creek Villages, the Temecula Hospital and the Rancho Community Church. We are very familiar with this area, the resources that have been identified and are knowledgeable about our ancestors and their ways of life. The resources exposed during these excavations revealed resources of varying ages at different depths dating back to very early time periods and proving a lengthy occupation of this land. The cultural deposits comprised an entire village, thus showing such significant deposits do exist subsurface, indicators of which may not be visible from the property surface. Further, although the current Property has been graded, we do not know as to whether the currently proposed over-excavation depths will impact native, or previously undisturbed, soils. Thus, the Tribe must presume that this Project will require grading and/or trenching to a depth greater than was previously conducted. Therefore, the Tribe believes that the possibility for identifying intact cultural deposits, including human remains, is high. Due to the significance of this area, as well as the likelihood of impacting significant resources, the Tribe recommends, at a minimum, tribal and archaeological monitoring during all grading and trenching activities. The Pechanga Cultural Resources •Temecula Band of Luiserio Mission Indians Post Office Box 2183 • Temecula, CA 92592 Sacred Is The Duty Trusted Unto Our Care And With Honor We Rise To The Need Pechanga Comment Letter to the City of Temecula Re: Pechanga Tribe Comments on the United Surgery Center,PA13-0166 October 14,2013 Page 5 Tribe would like to discuss the Project and our recommendations further with the City in the event that proposed grading depths will not exceed previous over-excavation depths. In order to assist the Tribe with a more comprehensive review of the Project, we are requesting copies of all archaeological studies, geological reports, grading/development maps and information regarding previous mass grading depths. The Tribe also requests information on off-site improvements, if any are proposed. The Tribe requests to be involved and participate with the City in developing all preservation, avoidance, monitoring and mitigation plans and measures for the duration of the Project. The CEQA Guidelines state that lead agencies should make provisions for inadvertent discoveries of cultural resources (CEQA Guidelines §15064.5). As such, it is the position of the Pechanga Tribe that an agreement specifying appropriate treatment of inadvertent discoveries of cultural resources be executed between the Project Applicant/Developer and the Pechanga Tribe. The Tribe believes that adequate cultural resources assessments and management must always include a component which addresses inadvertent discoveries. Every major State and Federal law dealing with cultural resources includes provisions addressing inadvertent discoveries (See e.g.: CEQA (Cal. Pub. Resources Code §21083.2(i); 14 CCR §1506.5(f)); Section 106 (36 CFR §800.13); NAGPRA (43 CFR §10.4). Moreover, most state and federal agencies have guidelines or provisions for addressing inadvertent discoveries (See e.g.: FHWA, Section 4(f) Regulations - 771.135(g); CALTRANS, Standard Environmental Reference - 5- 10.2 and 5-10.3). Because of the extensive presence of the Tribe's ancestors within the Project area, it is not unreasonable to expect to find vestiges of that presence. Such cultural resources and artifacts are significant to the Tribe as they are reminders of their ancestors. Moreover, the Tribe is expected to protect and assure that all cultural sites of its ancestors are appropriately treated in a respectful manner. Therefore, as noted previously, it is crucial to adequately address the potential for inadvertent discoveries. Further, the Pechanga Tribe believes that if human remains are discovered, State law would apply and the mitigation measures for the permit must account for this. According to the California Public Resources Code, § 5097.98, if Native American human remains are discovered, the Native American Heritage Commission must name a "most likely descendant," who shall be consulted as to the appropriate disposition of the remains. Given the Project's location in Pechanga territory, the Pechanga Tribe intends to assert its right pursuant to California law with regard to any remains or items discovered in the course of this Project. PROJECT NIITIGATION MEASURES The Tribe understands that the current Project has been previously graded. However, given the new information we have gathered about the Origin Area in recent years and that we do not know what those previous grading depths are, we are requesting additional mitigation and Pechanga Cultural Resources •Temecula Band of Luiselio Mission Indians Post Office Box 2183 • Temecula, CA 92592 Sacred Is The Duty Trusted Unto Our Care And With Honor We Rise To The Need Pechanga Comment Letter to the City of Temecula Re:Pechanga Tribe Comments on the United Surgery Center, PA13-0166 October 14,2013 Page 6 conditions given the documented sensitivity of this area. Should the City and/or Applicant provide information documenting that the previous over-excavation depths exceed the current proposed depths, we will be happy to revisit our recommendations and revise as appropriate. In the meantime, the Tribe requests that the City include the following mitigation measures and conditions of approval for the currently proposed Project. MM 1 Professional Archeological and Pechanga Tribal monitoring shall occur during all earthmoving activities. 1111112 Prior to issuance of grading permit, the Project Applicant shall retain a Riverside County qualified archaeological firm to monitor ground-disturbing activities as described in MM1. MM 3 Pechanga Tribal monitors shall be allowed to monitor all excavation and groundbreaking activities as described in MM1. Prior to issuance of grading permit Project Applicant must submit a fully executed Cultural Resources Treatment and Monitoring Agreement, by and between the Pechanga Tribe the Project Applicant, and the landowner. The Agreement shall address the treatment of cultural resources on the Project property, the designation, responsibilities, and participation of Pechanga Tribal monitors during grading, including agreed upon compensation for tribal monitors, excavation and ground disturbing activities; project grading and development scheduling; and treatment, interim and final disposition of any cultural resources, sacred sites, and human remains discovered on the site. MM 4 Prior to issuance of grading permit, the Project Applicant shall file a grading plan with the City, and a copy to the Pechanga Tribe, which sets forth the plan and methodology for grading activities, including a timeline, locations and nature of grading, details concerning the observation of grading activities by the archaeological firm and the Pechanga Tribe. Said plan or methodology shall include the requirement for a qualified archaeological monitor and Pechanga Tribal monitor to be present and to have the authority to stop and redirect grading activities. At least 7 business days prior to project grading, the Project Applicant shall contact the Pechanga Tribe to notify the Tribe of grading, excavation and the monitoring program/schedule, and to coordinate with the Tribe on the monitoring work schedule. In accordance with the Agreement required in MM 2, the archaeological monitor's authority to stop and redirect grading will be exercised in consultation with the Pechanga Tribe in order to evaluate the nature and significance of any archaeological resources discovered on the property. Such evaluation shall include culturally appropriate temporary and permanent treatment pursuant to the Cultural Resources Treatment and Monitoring Agreement, which may include avoidance of cultural resources, in-place preservation of cultural resources located in native soils, and/or re-burial on Project property in area(s) Pechanga Cultural Resources • Temecula Band ofLuiseno Mission Indians Post Office Box 2183 •Temecula, CA 92592 Sacred Is The Duty Trusted Unto Our Care And With Honor We Rise To The Need Pechanga Comment Letter to the City of Temecula Re:Pechanga Tribe Comments on the United Surgery Center,PA13-0166 October 14,2013 Page 7 agreed upon by the Pechanga Tribe and the landowner so they are not subject to further disturbance in perpetuity. Any reburial shall occur at a confidential location predetermined between the landowner and Pechanga, details of which to be addressed in the Cultural Resources Treatment and Monitoring Agreement in MM3. MM 5 If human remains are encountered, California Health and Safety Code Section 7050.5 states that no further disturbance shall occur in the vicinity of the find(s) until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to California Public Resources Code Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission must be contacted within 24 hours. The Native American Heritage Commission must then identify the "most likely descendant(s)", which parties agree will likely be the Pechanga Band based upon the Tribe's ancestral ties to the area and previous designation as MLD on projects in the geographic vicinity. The landowner shall engage in consultations with the most likely descendant (MLD). The MLD will make recommendations concerning the treatment of the remains pursuant to the Public Resources Code 5097.98 and the Treatment Agreement described in MM 3. MM 6 The landowner shall relinquish ownership of all cultural resources, including sacred items, burial goods and all archaeological artifacts that are found on the project area to the Pechanga Tribe for proper treatment and disposition pursuant to the Agreement required in MM3. MM 7 All sacred areas located in native soils, should they be encountered within the project area, shall be avoided and preserved. MM 8 It is understood by the Applicant, the City and the Tribe that this Project area is located in the vicinity of and possibly contains components of a culturally significant Pechanga/Luiseno village, including a Traditional Cultural Property (TCP). The Project area and TCP contain not only archaeological components, but also resources with cultural values, including, but not limited to ceremonial components. If inadvertent discoveries of subsurface archaeological or cultural resources are discovered during grading, the Developer, the project archaeologist, and the Tribe shall assess the significance of such resources and shall meet and confer regarding the mitigation for such resources, which may include avoidance of cultural resources, in-place preservation of cultural resources located in native soils, and/or re-burial on Project property so they are not subject to further disturbance in perpetuity. Pursuant to Calif. Pub. Res. Code § 21083.2(b) avoidance is the preferred method of preservation for archaeological resources Pechanga Cultural Resources • Temecula Band of Luiseno Mission Indians Post Office Box 2183 •Temecula, CA 92592 Sacred Is The Duty Trusted Unto Our Care And With Honor We Rise To The Need Pechanga Comment Letter to the City of Temecula Re:Pechanga Tribe Comments on the United Surgery Center,PA13-0166 October 14,2013 Page 8 and cultural resources. If the landowner and the Tribe cannot agree on the significance or the mitigation for the archaeological or cultural resources, these issues will be presented to the City Planning Director for decision. The City Planning Director shall make the determination based on the provisions of the California Environmental Quality Act with respect to archaeological resources and shall take into account the cultural and religious principles and practices of the Tribe. Notwithstanding any other rights available under the law, the decision of the City Planning Director shall be appealable to the City Planning Commission and/or City Council. The Tribe reserves the right to fully participate in the environmental review process, as well as to provide further comment on the Project's impacts to cultural resources and potential avoidance and mitigation measures for such impacts. The Pechanga Tribe looks forward to working together with the City of Temecula in protecting the invaluable Pechanga cultural resources found in the Project area. Please contact me at 951-770-8113 or at eozdil @ pechanga-nsn.gov once you have had a chance to review these comments so that we can discuss the Project further. Thank you. Sincerely, ( gip Tuba Ebru Ozdil Planning Specialist cc: Pechanga Office of the General Counsel • Pechanga Cultural Resources •Temecula Band ofLuiseno Mission Indians Post Office Box 2183 •Temecula, CA 92592 Sacred Is The Duty Trusted Unto Our Care And With Honor We Rise To The Need N..' \\1//-C . ffr,}� � Notice of Public Hearing ., ,„..:„ .._.,.,.„,-.4, 1989 `` `'''",S'.NFW,vv`"' A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: Case No: PA13-0166 Applicant: Sherrie Munroe Proposal: A Major Modification application to revise a previously approved 6,000 square foot restaurant (that has not been constructed) to a 12,545 square foot surgery center. The project site is generally located on the northeast corner of Temecula Parkway and Rancho Pueblo Road at 31469 Rancho Pueblo Road. Environmental: In accordance with the California Environmental Quality Act (CEQA), the proposed project is consistent with the previously adopted Mitigated Negative Declaration and therefore exempt from further environmental review and a Notice of Determination will be issued in compliance with CEQA (Section 15162) Case Planner: Eric Jones, (951) 506-5115 Place of Hearing: City of Temecula, Council Chambers Date of Hearing: November 20, 2013 Time of Hearing: 6:00 p.m. • \ , f oj t. 1111 r ilk% °""ritiklaiillii r VIIIIIIV 0 X06 ADO � BOO ■ Feet \ I I 1l al la' The agenda packet (including staff reports) will be available for viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 p.m. the Friday before the Planning Commission Meeting. At that time, the packet may also be accessed on the City's website — www.cityoftemecula.orq. Any Supplemental Material distributed to a majority of the Commission regarding any item on the Agenda, after the posting of the Agenda, will be available for public review in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula), 8:00 a.m. — 5:00 p.m. In addition, such material will be made available on the City's website — www.cityoftemecula.org — and will be available for public review at the respective meeting. If you have any questions regarding any item of business on the Agenda for this meeting, please call the Planning Department, (951) 694-6400. C:\Program Files(x86)\neevia.com\docConverterPro\temp\NVDC\17814766-4173-4DCC-B4CE-C39DBE891 BOF\5550.doc