HomeMy WebLinkAbout13-044 PC Resolution PC RESOLUTION NO. 13-44
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 PDO-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 8)
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 CP,'IFORNIA )
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. 13-44 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: 5 PLANNING COMMISSIONERS: Carey, Guerriero, Harter, Kight,
Telesio
NOES: 0 PLANNING COMMISSIONERS: None
ABSENT: 0 PLANNING COMMISSIONERS: None
ABSTAIN: 0 PLANNING COMMISSIONERS: None
)k�7
Patrick Richardson, Secretary
EXHIBIT A
CONDITIONS OF APPROVAL
EXHIBIT A
CITY OF TEMECULA
FINAL CONDITIONS OF APPROVAL
Planning Application No.: PA13-0166
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. Afull
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
40 1 DEPARTMENT OF ENVIRONMENTAL HEALTH
M.
Steve Van Stockum, Director
August 1,2013
City of Temecula ? w
Planning Department
Attn: Eric Jones,Project Planner AGO ?
P.O. Box 9033 2013
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
wwwAvcoeh.org
COUNTY OF RIVERSIDE
DEPARTMENT OF ENVIRONMENTAL HEALTB
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.
7ichael
stica, 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.rivcoch.org
Chairperson:
Mary Bear Magee
PECHANGA CULTURAL RESOURCES Vice Chairperson:
Temecula Band of Luiseno Mission Indians Darlene Miranda
Committee Members:
Post Office.Box 2183•Temecula,CA 92593 Evie Gerber
Telephone(951)308-9295•Fax(951)506-9491 Bridgett Barcello Maxwell
Richard B.Scearce,III
Ml,(WIS� �'f.` '.• Germaine Arenas
Director:
.. n^ Gary DuBois
T
J Coordinator:
October 14, 201304? Paul Macarro
t
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 (t6ota
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 Continents 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 final 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 final 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 Governments 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-Govemment
Relationships with Tribal Governments,and Executive Memorandum of November 5,2009 on Tribal Consultation.
Z 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 l(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 l(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, t6ota 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
Luiseffo 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 Viva Temeeku, in the present
day City of Temecula, and dispersing out to all corners of creation (what is today known as
Luiseffo territory). It was at Temecula that the Luiseno deity Wuydot 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 Wuydot 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 1183 - Temecula, CA 92592
i
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
J 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
I
Pechanga Cultural Resources • Temecula Band of Luiseno Mission Indians
Post Office Box 2183 • Temecula, CA 92592
i
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
offsite 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 NUTIGATION 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 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 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.
MM2 Prior to issuance of grading permit, the Project Applicant shall retain a Riverside
County qualified archaeological fum 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 MMI. 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 ofLuisen'o Mission Indians
i Post Office Box 2183 -Temecula, CA 92592
Sacred Is The Duty Trusted Unto Our Care And With Honor We Rise To The Need
i.
Pechanga Comment Letter to the City of Temecula
Re:Pechanga Tribe Comments on the United Surgery Center,PA 13-0166
October 14,2013
Page 7
agreed upon by the Pechanga Tribe and the landowner so they are not subject to
ftn ther disturbance in perpetuity. Any reburial shall occur at a confidential
location predetermined between the landowner and Pechanga, details of which to
i 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,
Tuba Ebru Ozdil
Planning Specialist
cc: Pechanga Office of the General Counsel
i
Pechanga Cultural Resources •Temecula Band ofLuiseno Mission Indians
Post Office Box 2183 •Temecula, CA 92592
Sacred Is The Duty Trusted Unto Our Care And nth Honor We Rise To The Need