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HomeMy WebLinkAbout15-04 PC ResolutionPC RESOLUTION NO. 15 -04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NOS. PA14 -2696 AND PA14 -2698, A DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT APPLICATIONS TO ALLOW FOR THE CONSTRUCTION AND OPERATION OF A 92 -UNIT, 67,146 SQUARE FOOT SINGLE -STORY SKILLED NURSING AND MEMORY CARE CENTER DIVIDED INTO TWO STRUCTURES GENERALLY LOCATED ON THE SOUTHWEST CORNER OF DE PORTOLA ROAD AND CAMPANULA WAY, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 959 - 090 -011) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On October 30, 2014, Andrew Dixon, on behalf of Generation Healthcare, filed Planning Application No. PA14 -2696, a Development Plan Application, and PA14- 2698, a Conditional Use Permit, 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 Applications and environmental review on March 18, 2015, 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 Nos. PA14 -2696 and PA14 -2698 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: Development Plan, Development Code Section 17.05.01 OF 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; a As conditioned, the project is consistent with the General Plan. The General Plan has listed the proposed use as a compatible use within Community Commercial zoning areas. The project is also in conformance with other Ordinances of the City, the Paloma Del Sol Specific Plan and State law. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare; The project has been reviewed and conditioned to ensure compliance with the Development, Building, and Fire codes. These codes contain provisions to ensure for the protection of the public health, safety, and general welfare. No adverse impacts are anticipated to the public health, safety, and general welfare. Conditional Use Permit, Development Code Section 17.04.101.E C. The proposed conditional use is consistent with the General Plan and the Development Code; As conditioned, the project is consistent with the General Plan and Development Code. The General Plan has listed the proposed use as a compatible use within the Community Commercial zoning areas descried in the Development Code. Furthermore, the proposed project is consistent with the requirements of the Paloma Del Sol Specific Plan. D. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures; The proposed conditional use has been reviewed and determined to be compatible with the surrounding neighborhood. This area is comprised of single - family homes, a park, and commercial centers. The proposed use is not anticipated to create adverse impacts to the surrounding uses and structures. E. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood; The use meets all City of Temecula Development Code requirements as well as requirements stipulated by the Paloma Del Sol Specific Plan with regard to yards, walls, fences, parking and loading facilities, landscaping, etc. It is anticipated that the use will integrate well with the surrounding area. F. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; The proposed conditional use has been found to be consistent with the Development, Fire, and Building Codes. These codes contain provisions designed to ensure the health, safety, and general welfare of the community. Therefore the project will not be detrimental to the health, safety, and general welfare of the community. No negative impacts are anticipated. G. That the decision to approve, conditionally approve, or deny the application for a conditional use permit be based on substantial evidence in view of the record as a whole before the Planning Director, Planning Commission, or City Council on appeal; The decision to conditionally approve the conditional use will be based on substantial evidence in view of the record as a whole before the Planning Commission. 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, Subsequent EIRs and Negative Declarations); The project site is located within the Paloma Del Sol Specific Plan (SP -4). An Environmental Impact Report (No. 235) was prepared for this Specific Plan during its creation. The proposed project will incorporate a use that is permitted by the Specific Plan upon the approval of a Development Plan and Conditional Use Permit. Therefore environmental impacts for the project have already been evaluated by this previously adopted EIR. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application Nos. PA14 -2696 and PA14 -2698, Development Plan and Conditional Use Permit applications to allow for the construction and operation of a 92- unit, 67,146 square foot single -story skilled nursing and memory care center divided into two structures generally located on the southwest corner of De Portola Road and Campanula Way, subject to the Conditions of Approval set forth on Exhibits A and B, attached hereto, and incorporated herein by this reference. Section 5 PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 18th day of March, 2015. Pat Kight, Chairman ATTEST: Armando G. Villa, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Armando G. Villa, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 15 -04 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 18th day of March, 2015, by the following vote: AYES: 5 PLANNING COMMISSIONERS: Guerriero, Harter, Kight, Telesio and Turley -Trejo NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 0 PLANNING COMMISSIONERS: None ABSTAIN: 0 PLANNING COMMISSIONERS: None filla, AICP Secretary EXHIBIT A CONDITIONS OF APPROVAL (DEVELOPMENT PLAN) Planning Application No.: Project Description Assessor's Parcel No.: MSHCP Category: DIF Category: TUMF Category: Quimby Category: Approval Date: Expiration Date: PLANNING DIVISION EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL PA14 -2696 A Development Plan 67,146 square foot generally located o Campanula Way. 959- 090 -011 Commercial Service Commercial Service Commercial application to allow for the construction of a 92 -unit, single -story skilled nursing and memory care center n the southwest corner of De Portola Road and N/A (Commercial Project) March 18, 2015 March 18, 2017 Within 48 Hours of the Approval Filing Notice of Exemption. The applicant/developer shall deliver to the Planning Division a cashiers 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 Division 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 2. Indemnification of the City. 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 Citys 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. 3. Expiration. This approval shall be used within two 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 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. 4. Time Extension. The Director of Community Development 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. 5. Consistency with Specific Plans. This project and all subsequent projects within this site shall be consistent with Specific Plan No. 4 (Paloma Del Sol). g. Compliance with EIR. The project and all subsequent projects within this site shall comply with all mitigation measures identified within EIR No. 235. 7, Conformance with Approved Plans. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Division. 8. Signage Permits. A separate building permit shall be required for all signage g Landscape Maintenance. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Director of Community Development. If it is determined that the landscaping is not being maintained, the Director of Community Development 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. 10. Water Quality and Drainage. 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 shall 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. 11. Paint Inspection. The applicant shall paint a three - foot -by- three -foot section of the building for Planning Division inspection, prior to commencing painting of the building. 12. Photographic Prints.. The applicant shall submit to the Planning Division 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. 13. Materials and Colors. 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. Approved Materials Include: Roof Tile: Capistrano Blend by Eagle, Window Frame: Sahara DEC747 by Dunn Edwards, Awning Frame: Sycamore Stand DEC781 by Dunn Edwards, Painted Fascia and High Trim: Maple View DE6152 by Dunn Edwards, Painted Low Trim: Summerville Brown DE6139 by Dunn Edwards. 14. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project 15. Trash Enclosures. The trash enclosures shall be large enough to accommodate a recycling bin, as well as regular solid waste containers. 16. Trash Enclosures. Trash enclosures shall be provided to house all trash receptacles utilized on the site. These shall be clearly labeled on the site plan. 17. Covered Trash Enclosures. All trash enclosures on site shall include a solid cover and the construction plans shall include all details of the trash enclosures, including the solid cover. 18. Construction and Demolition Debris. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris and shall provide the Planning Division verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul demolition and construction debris. 19. Public Art Ordinance. The applicant shall comply with the requirements of the City's Public Art Ordinance as defined in Section 5.08 of the Temecula Municipal Code. 20. Property Maintenance. 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. Prior to Issuance of Grading Permit 21. Placement of Transformer. Provide the Planning Division 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. 22. Placement of Double Detector Check Valves. 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 Director of Community Development. 23. Archaeological /Cultural Resources Grading Note. 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 Director of Community Development 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 Director of Community Development 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 Director of Community Development 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 Director of Community Development." 24. Cultural Resources Treatment Agreement. The developer is required to enter into a Cultural Resources Treatment Agreement with the Pechanga Tribe. This Agreement will address the treatment and disposition of cultural resources and human remains that may be impacted as a result of the development of the project, as well as provisions for tribal monitors. 25. Discovery of Cultural Resources. The following shall be included in the Notes Section of the Grading Plan: "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." 26. Archaeological Monitoring of Cultural Resources. The following shall be included in the Notes Section of the Grading Plan: "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." 27. Tribal Monitoring of Cultural Resources. The following shall be included in the Notes Section of the Grading Plan: '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." 28. Relinquishment of Cultural Resources. The following shall be included in the Notes Section of the Grading Plan: '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." 29. Preservation of Sacred Sites. The following shall be included in the Notes Section of the Grading Plan: "All sacred sites are to be avoided and preserved." 30. MSHCP Pre- Construction Survey. 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 Division prior to scheduling the pre - grading meeting with Public Works. 31. Burrowing Owl Grading Note. 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 Division 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." 32. Rough Grading Plans. A copy of the Rough Grading Plans shall be submitted and approved by the Planning Division. Prior to Issuance of Building Permit 33. Parking Area Landscaping. 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. 34. Transportation Uniform Mitigation Fee (TUMF). The City of Temecula adopted an ordinance on March 31, 2003 to collect fees for a Riverside County area wide Transportation Uniform Mitigation Fee (TUMF). This project is subject to payment of these fees at the time of building permit issuance. The fees are subject to the provisions of Chapter 15.08 of the Temecula Municipal Code and the fee schedule in effect at the time of building permit issuance. 35. Downspouts. All downspouts shall be internalized 36. Development Impact Fee (DIF). The developer shall comply with the provisions of Title 15, Chapter 15.06 of the Temecula Municipal Code and all its resolutions by paying the appropriate City fee. 37. Photometric Plan. The applicant shall submit a photometric plan, including the parking lot, to the Planning Division, which meets the requirements of the Development Code and the Riverside County Palomar Lighting Ordinance 655. The parking lot light standards shall be placed in such a way as to not adversely affect the growth potential of the parking lot trees. 38. Construction Landscaping and Irrigation Plans. Four (4) copies of Construction Landscaping and Irrigation Plans shall be reviewed and approved by the Planning Division. 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. 39. Landscaping Site Inspections. The Landscaping and Irrigation Plans shall include a note stating, "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 verify 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 Division to schedule inspections. 40. Agronomic Soils Report. The Landscaping and Irrigation Plans shall include a note on the plans stating, "The contractor shall provide two copies of an agronomic soils report at the first irrigation inspection." 41. Water Usage Calculations. 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. 42. Landscape Maintenance Program. A landscape maintenance program shall be submitted to the Planning Division for approval. The landscape maintenance program shall detail 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. 43. Specifications of Landscape Maintenance Program. Specifications of the landscape maintenance program shall indicate, '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 verify 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 Division to schedule inspections. 44. Irrigation. The landscaping plans shall inclube automatic irrigation for all landscaped areas and complete screening of all ground mounted equipment from view of the public from streets and adjacent property for (private common areas; front yards and slopes within individual lots; shrub planting to completely screen perimeter walls adjacent to a public right -of -way equal to 66 feet or larger; and, all landscaping excluding City maintained areas and front yard landscaping which shall include, but may not be limited to, private slopes and common areas). Choose those that apply 45. Hardscaping. The landscape plans shall include all hardscaping for equestrian trails and pedestrian trails within private common areas. 46. Precise Grading Plans. Precise Grading Plans shall be consistent with the approved rough grading plans including all structural setback measurements. 47. Building Construction Plans for Outdoor Areas. Building Construction Plans shall include detailed outdoor areas (including but not limited to trellises, decorative furniture, fountains, hardscape (choose or add to as appropriate) to match the style of the building subject to the approval of the Director of Community Development. 48. Landscaping Requirement for Phased Development. If any phase or area of the project site is not scheduled for development within six months of the completion of grading, the landscaping plans shall indicate it will be temporarily landscaped and irrigated for dust and soil erosion control. 49. WQMP Treatment Devices. 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 Director of Community Development. 50. Utility Screening. 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 ensure that there are no conflicts with trees. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit 51. Screening of Loading Areas. 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 Director of Community Development. 52, Landscape Installation Consistent with Construction Plans. 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 Director of Community Development. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 53. Performance Securities. Performance securities, in amounts to be determined by the Director of Community Development, to guarantee the maintenance of the plantings in accordance with the approved construction landscape and irrigation plan, shall be filed with the Planning Division for a period of one year from final Certificate of Occupancy. After that year, if the landscaping and irrigation system have been maintained in a condition satisfactory to the Director of Community Development, the bond shall be released upon request by the applicant. 54. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Outside Agencies 55. Flood Protection. Flood protection shall be provided in accordance with the Riverside County Flood Control Districts transmittal dated December 1, 2014, a copy of which is attached. The fee is made payable to the Riverside County Flood Control Water District by either a cashier's check or money order, prior to the issuance of a grading permit (unless deferred to a later date by the District), based upon the prevailing area drainage plan fee. 56. Compliance with Dept. of Environmental Health. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health. 57. Compliance with EMWD. The applicant shall comply with the recommendations by the Eastern Municipal Water District. 58. Compliance with RCWD. The applicant shall comply with the recommendations set forth in the Rancho California Water District's transmittal dated December 1, 2014 a copy of which is attached. 59. Compliance with Pechanga Tribe. The applicant shall comply with the recommendations set forth in the Pechanga Cultural Resources letter transmittal dated January 9, 2015 a copy of 60. Compliance with County Geologist. The applicant shall comply with the recommendations set forth in the Riverside County Planning Department (County Geologist) letter transmittal dated February 19, 2015 a copy of which is attached. PUBLIC WORKS DEPARTMENT General Requirements 61. Conditions of Approval. The developer shall comply with all Conditions of Approval, the Engineering and Construction Manual and all City codes /standards at no cost to any governmental agency. 62. Entitlement Approval. The developer shall comply with the approved site plan, the conceptual Water Quality Management Plan (WQMP) and other relevant documents approved during entitlement. Any significant omission to the representation of site conditions may require the plans to be resubmitted for further review and revision. 63. Precise Grading Permit. A precise grading permit for onsite improvements (outside of public right -of -way) shall be obtained from Public Works 64. Haul Route Permit. A haul route permit may be required when soils are moved on public roadways to or from a grading site. The developer /contractor is to verify if the permit is required. If so, he shall comply with all conditions and requirements per the City's Engineering and Construction Manual and as directed by Public Works 65. Encroachment Permits. Prior to commencement of any applicable construction, encroachment permit(s) are required; and shall be obtained from Public Works for public offsite improvements. 66. Vehicular/Traffic Movement Restrictions. The developer shall comply with the following vehicular movements restrictions: a. The proposed access onto De Portola Road shall be restricted to a right -in /right -out movement. b. The northerly access on Campanula Way shall be restricted to a right -in /right -out movement. Prior to Issuance of a Grading Permit 67. Environmental Constraint Sheet (ECS). The developer shall comply with all constraints per the recorded ECS with any underlying maps related to the subject property. 68. Grading /Erosion & Sediment Control Plan. The developer shall submit a grading /erosion & sediment control plan(s) to be reviewed and approved by Public Works. All plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site. The approved plan shall include all final WQMP water quality facilities and all construction -phase pollution - prevention controls to adequately address non - permitted runoff. Refer to the City's Engineering & Construction Manual at: http:// www.cityoftemecula.orgfTemecula/ Government /PublicVJorks /engineeringconstmanual.ht m 69. Erosion & Sediment Control Securities. The developer shall comply with the provisions of Chapter 24, Section 18.24.140 of the Temecula Municipal Code by posting security and entering into an agreement to guarantee the erosion & sediment control improvements. 70. NPDES General Permit Compliance. The developer shall obtain project coverage under the State National Pollutant Discharge Elimination System ( NPDES) General Permit for Construction Activities and shall provide the following: a. A copy of the Waste Discharge Identification Number (WDID) issued by the State Water Resources Control Board (SWRCB); b. The project's Risk Level (RL) determination number; and c. The name, contact information and certification number of the Qualified SWPPP Developer (QSD) Pursuant to the State Water Resources Control Board (SWRCB) requirements and City's storm water ordinance, a Storm Water Pollution Prevention Plan ( SWPPP) shall be generated and submitted to the Board. Throughout the project duration, the SWPPP shall be routinely updated and readily available (onsite) to the State and City. Review www.cabmphandbooks.com for SWPPP guidelines. Refer to the following link: http: / /www.waterboards. ca.gov/ water_ issues / programs /sto rmwater /co nstruction. shtm I 71. Drainage. All applicable drainage shall be depicted on the grading plan and properly accommodated with onsite drainage improvements and water quality facilities, which shall be privately maintained. Alterations to existing drainage patterns or concentration and /or diverting flows is not allowed unless the developer constructs adequate drainage improvements and obtains the necessary permissions and /or easements from the downstream property owners. All drainage leaving the site shall be conveyed into a public storm drain system, if possible. The creation of new cross lot drainage is not permitted 72. Drainage Study. A drainage study shall be prepared by a registered civil engineer and submitted to Public Works with the initial grading plan check in accordance with City, Riverside County and engineering standards. The study shall identify storm water runoff quantities (to mitigate the 100 -year storm event) from the development of this site and upstream of the site. It shall identify all existing or proposed offsite or onsite, public or private, drainage facilities intended to discharge this runoff. Runoff shall be conveyed to an adequate outfall capable of receiving the storm water runoff without damage to public or private property. The study shall include a capacity analysis verifying the adequacy of all facilities. Any upgrading or upsizing of drainage facilities necessary to convey the storm water runoff shall be provided as part of development of this project 73. Soils Report. A soils report, prepared by a registered soil or civil engineer, shall be submitted to Public Works with the initial grading plan submittal. The report shall address the site's soil conditions and provide recommendations for the construction of engineered structures and preliminary pavement sections 74. Geological Report. The developer shall complete any outstanding County geologist's requirements, recommendations and /or proposed Conditions of Approval as identified during entitlement. 75. Letter of Permission /Easement. The developer shall obtain documents (letters of permission or easements) for any offsite work performed on adjoining properties. The document's format is as directed by, and shall be submitted to, Public Works for acceptance. The document information shall be noted on the approved grading plan. 76. Abutter's Rights of Access. The developer shall re- record the Parcel Map or other instrument to remove the access restriction on Campanula Way to match the proposed site plan. (Amended at the March 18, 2015 Planning Commission Meeting). 77. Sight Distance. The developer shall limit landscaping in the corner cut -off area of all street intersections and adjacent to driveways to provide for minimum sight distance and visibility. 78. Ingress /Egress Easement for Sidewalk. The developer shall record a reciprocal pedestrian easement from Parcel 1 of Parcel Map No. 36439 for ingress and egress over adjacent properties. This easement shall be submitted for review and approval. The easement information shall be noted on the approved grading plan. Prior to Issuance of Encroachment Permit(s) 79. Public Utility Agency Work. The developer shall submit all relevant documentation due to encroaching within City right -of -way; and is responsible for any associated costs and for making arrangements with each applicable public utility agency. 80. Traffic Control Plans. A construction area traffic control plan (TCP) will be required for lane closures and detours or other disruptions to traffic circulation; and shall be reviewed and approved by Public Works. The TCP shall be designed by a registered civil or traffic engineer in conformance with the latest edition of the Caltrans Manual on Uniform Traffic Control Devices (MUTCD) and City standards. 81. Street Trenching. All street trenches shall conform to City Standard No. 407; refer to the City's Paving Notes. Prior to Issuance of Building Permit(s) 82. Certifications. Certifications are required from the registered civil engineer -of- record certifying the building pad elevation(s) per the approved plans and from the soil's engineer -of- record certifying compaction of the building pad(s). Prior to Issuance of a Certificate of Occupancy 83. Completion of Improvements. The developer shall complete all work per the approved plans and Conditions of Approval to the satisfaction of the City Engineer. This includes all onsite work (including water quality facilities), public improvements and the executed WQMP Operation and Maintenance agreement 84. Utility Agency Clearances. The developer shall receive written clearance from applicable utility agencies (i.e., Rancho California and Eastern Municipal Water Districts, etc.) for the completion of their respective facilities and provide to Public Works. 85. Replacement of Damaged Improvements /Monuments. Any appurtenance damaged or broken during development shall be repaired or removed and replaced to the satisfaction of Public Works. Any survey monuments damaged or destroyed shall be reset per City Standards by a qualified professional pursuant to the California Business and Professional Code Section 8771 86. Certifications. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by Public Works. BUILDING AND SAFETY DIVISION General Requirements 87. Final Buildinq and Safety Conditions. Final Building and Safety conditions will be addressed when building construction plans are submitted to Building and Safety for review. These conditions will be based on occupancy, use, the California Building Code (CBC), and related codes which are enforced at the time of building plan submittal. 88. Compliance with Code. All design components shall comply with applicable provisions of the 2013 edition of the California Building, Plumbing and Mechanical Codes; 2013 California Electrical Code; California Administrative Code, 2013 California Energy Codes, 2013 California Green Building Standards, California Title 24 Disabled Access Regulations, and City of Temecula Municipal Code. 89. Disabled Access. Applicant shall provide details of all applicable disabled access provisions and building setbacks on plans to include: a. All ground floor units to be adaptable. b. Disabled access from the public way to the main entrance of the building. c. Van accessible parking located as close as possible to the main entry. d. Path of accessibility from parking to furthest point of improvement. e. Path of travel from public right -of -way to all public areas on site, such as club house, trash enclose tot lots and picnic areas. 90. County of Riverside Mount Palomar Ordinance. Applicant shall submit, at time of plan review, a complete exterior site lighting plan showing compliance with County of Riverside Mount Palomar Ordinance Number 655 for the regulation of light pollution. All streetlights and other outdoor lighting shall be shown on electrical plans submitted to the Building and Safety Division. Any outside lighting shall be hooded and aimed not to shine directly upon adjoining property or public rights -of -way. 91. Street Addressing. Applicant must obtain street addressing for all proposed buildings by requesting street addressing and submitting a site plan for commercial or multi - family residential projects or a recorded final map for single - family residential projects. 92. Clearance from TVUSD. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building and Safety Department to ensure the payment or exemption from School Mitigation Fees. 93. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 94. Obtaining Separate Approvals and Permits. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. 95. Sewer and Water Plan Approvals. On -site sewer and water plans will require separate approvals and permits. 96. Hours of Construction. Signage shall be prominently posted at the entrance to the project, indicating the hours of construction, as allowed by the City of Temecula Municipal Ordinance 9.20.060, for any site within one - quarter mile of an occupied residence. The permitted hours of construction are Monday through Saturday from 7:00 a.m. to 6:30 p.m. No work is permitted on Sundays and nationally recognized Government Holidays. 97. House Electrical Meter. Provide a house electrical meter to provide power for the operation of exterior lighting, irrigation pedestals and fire alarm systems for each building on the site. Developments with single user buildings shall clearly show on the plans how the operation of exterior lighting and fire alarm systems when a house meter is not specifically proposed. At Plan Review Submittal 98. Submitting Plans and Calculations. Applicant must submit to Building and Safety four (4) complete sets of plans and two (2) sets of supporting calculations for review and approval including: a. An electrical plan including load calculations and panel schedule, plumbing schematic, and mechanical plan applicable to scope of work. b. A Sound Transmission Control Study in accordance with the provisions of the Section 1207, of the 2013 edition of the California Building Code. c. A precise grading plan to verify accessibility for persons with disabilities. d. Truss calculations that have been stamped by the engineer of record of the building and the truss manufacturer engineer. Prior to Issuance of Grading Permit(s) 99. Onsite Water and Sewer Plans. Onsite water and sewer plans, submitted separately from the building plans, shall be submitted to Building and Safety for review and approval. 100. Demolition Permits. A demolition permit shall be obtained if there is an existing structure to be removed as part of the project. Prior to Issuance of Building Permit(s) 101. Plans Require Stamp of Registered Professional. Applicant shall provide appropriate stamp of a registered professional with original signature on the plans. Prior to Beginning of Construction 103. Pre - Construction Meeting. A pre- construction meeting is required with the building inspector prior to the start of the building construction. FIRE PREVENTION General Requirements 104. Fire Hydrants. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix C. Standard fire hydrants (6" x 4" x (2) 2 ''/3" outlets) shall be located on fire access roads and adjacent public streets. For all Commercial and multi - family projects hydrants shall be spaced at 350 feet apart, and shall be located no more than 210 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The fire line will be required to be a looped system. The upgrade of existing fire hydrants may be required (CFC Appendix C and Temecula City Ordinance 15.16.020) 105. Fire Dept. Plan Review. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal 106. Fire Flow. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial buildings per CFC Appendix B. The developer shall provide for this project, a water system capable of delivering 4,000 GPM at 20 -PSI residual operating pressure for a 4 -hour duration for commercial projects. The fire flow as given above has taken into account all information as provided. (CFC Appendix B and Temecula City Ordinance 15.16.020) Prior to Issuance of Grading Permit(s) 107. Access Road Widths. 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) 108. Two Point Access. This development shall maintain two points of access, via all- weather surface roads, as approved by the Fire Prevention Bureau (CFC Chapter 5) 109. All Weather Access Roads. 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 3310.1, 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) 110. Turning Radius. Dead end roadways and streets in excess of 150 feet which have not been completed shall have a turnaround capable of accommodating fire apparatus (CFC Chapter 5 and City Ordinance 15.16.020) Prior to Issuance of Building Permit(s) 111. Required Submittals (Fire Underground Water). The developer shall furnish three copies of the water system plans to the Fire Prevention Bureau for approval prior to installation for all private water systems pertaining to the fire service loop. Plans shall be signed by a registered civil engineer, contain a Fire Prevention Bureau approval signature block, and conform to hydrant type, location, spacing and minimum fire flow standards. Hydraulic calculations will be required with the underground submittal to ensure fire flow requirements are being met for the on -site hydrants. The plans must be submitted and approved prior to building permit being issued. 112. Required Submittals (Fire Sprinkler Systems). Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. These plans must be submitted prior to the issuance of building permit 113. Required Submittals (Fire Alarm Systems). Fire alarm plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. The fire alarm system is required to have a dedicated circuit from the house panel. All duct detectors will be required to be tied in and monitored by the fire alarm panel as well as powered by the fire alarm system. These plans must be submitted prior to the issuance of building permit Prior to Issuance of Certificate of Occupancy 114. Address Directory (Multi - Family). A directory display monument sign shall be required for home health care project. Each complex shall have an illuminated diagrammatic layout of the complex which indicates the name of the complex, all streets, building identification, unit numbers, and fire hydrant locations within the complex. Location of the sign and design specifications shall be submitted to and be approved by the Fire Prevention Bureau prior to installation 115. Gates and Access. All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by fire fighting personnel (CFC Chapter 5). 116. Hydrant Verification. Hydrant locations shall be identified by the installation of reflective markers (blue dots) (City Ordinance 15.16.020). 117. Knox Box. 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). 118. Addressing. 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). WARREN D. WILLIANIS Gene, �d btanagcr -Chief 6n,inaei I MTRSIDL (_'(kU' Pt Fl.Uv1) (()N 1 ROL ANI) \NAFER CON SI _.RV I I )N 1)1.1,7�111< I City of Temecula Planning Department Post Ofd cc Box 9033 Temecula, California 92589 -9033 Attention: Eric Jones I,adies and Gentlemen: VA Re: PM 36461 (PA 14 -2696) The District does not normally recommend conditions for land divisions or other land use cases in incorporated cities. The Di,.trct n!eu does not plan check city !and use cases. or rrovide State Division. of Rea! Esl;ue letter.: or other flood harrl reports for such cases. District comments /recommendations for such cases arc normally limited to items of s ecilic interest to the District including District Master Drainage Plan facilities, other regional flood control and drainage facilities which could be considered e logical component or extension of a master plan system, and District Area Drainage Plan fees (development mitigation fees). In addition, information of a general nature is provided. [he District has not reviewed the proposed project in detail and the following checked comments do riot in any way constitute or imply District approval or endorsement of the proposed project with respect to flood hazard, public health and safety or any other such issue: 166186 No comment. X project would not be impacted by District Master Drainage Plan facilities nor are other facilities of regional interest proposed. This project involves District Master Plan facilities. "flie District will accept ownership of such facilities on written request of the City. Facilities must be constructed to District standards, and District plan check and inspection will be required I-or District acceptance. Plan check, inspection and administrative fees will be required. 'I his project proposes channels, storm drains 36 inches or larger in diameter or other facilities that could be considered regional in nature and /or a logical extension of the adopted _ _ Master Drainage Plari. The District would consider accepting ownership of such facilities oh written request of the City. Facilities must be constructed to District standards, and District plan check and inspection will be required for District acceptance. Plan check, inspection and administrative Ices will be required. 'I his project is located within the limits of the District's _ Area Drainage Plan for which drainage fees have been adopted; applicahlc fees should be paid by cashicir s check of money oaten only to the Flood Control District or City prior to issuance of grading permits. Fees to be paid should be at the rate in effect at the time of issuance of the actual permit. X An encroachment permit shall be obtained for any construction related activities occur ing within District right of way or facilities. For further information, contact the District's encroachment permit section at 951.955.1266. Temecula Creek Line "V/VV" GENERAL INFORMATION 'Phis project may require a National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. Clearance for grading, recordation or other final approval should not be given until the City has determined that the project has been granted a permit or is shown to be exempt. If this project involves a Federal Emergency Management Agency (FEMA) mapped flood plain, then the City should require the applicant to provide all studies, calculations, plans and other information required to meet FEMA requirements. and should further require that the applicant obtain a Conditional Letter of Map Revision (CL.OMR) prior to grading. recordation or other final approval of the project, and a Letter of Map Revision (LOMR) prior to occupancy. If a natural watercourse or mapped flood plain is impacted byy this project, the City should require the applicant to obtain a Section 1602 Agreement from the California Department of Fish and Game and a Clean Water Act Section 404 Permit from the U.S. Army Corps of Engineers, or written correspondence from these agencies indicating the project is exempt from these requirements. A Clean Water Act Section 40 Water Quality Certification may be required from the local California Regional Water Quality Control Board prior to issuance of the Corps 404 permit. Very truly yours, HEN ,$NCUk:IVtj'� Engineering Project Manager c: Riverside County Planning Department Date: December 1, 2014 Attn: Kristi Lovelady SKM:bfm r December I, 2014 UEQ, C Eric Jones City of Temecula 41000 Main Street Temecula, CA 92590 SUBJECT: WATER AVAILABILITY LOT NOS. I AND 2 OF TRACT APNS 959-090-011 AND 959 -090 -012 [ANDREW DIXION AND MIKE RUST( Dear Mr. Jones: MAP NO. 36461; Please be advised that the above - referenced project /property is located within the service boundaries of Rancho California Water District (RCWD /District). The subject project /property fronts an existing 20 -inch diameter water pipeline (1485 Pressure Zone) within De Portola Road and an existing 12 -inch diameter water pipeline ( 1380 Pressure Zone) within Campanula Way. Water service to the subject project /property exists (under Account No. 01 -20- 91000-0). Additions or modifications to water service arrangements are subject to the Rules and Regulations (governing) Water System Facilities and Service, as well as the completion of financial arrangements between RCWD an(] the property owner. Where private on -site water facilities (lor water service, fire service, irrigation, or other purpose) will cross or will be shared amongst multiple tuts /project units (only by special variance of the Rules and Regulations), and /or where Such 'common' facilities will be owned and maintained by a Property Owners' Association, RCWD requires execution and recordation of a Reciprocal Easement and Maintenance Agreement or equivalent document of covenants, codes, and restrictions. Water availability is contingent upon the property owner(s) signing an Agency Agreement that assigns water management rights, if any, to RCWD. In addition, water availability is subject to water supply shortage contingency measures in effect (pursuant to RCWD's Water Shortage Contingency Plan or other applicable ordinances and policy), and/or the adoption of a required Water Supply Assessment for the developmenl, as determined by the Lead Agency. - -- - Eric Jones/Ci[v of Temecula December 1, 2014 In accordance with Resolution 2007-10-5, the project /property will be required to use recycled water for all landscape irrigation, which should be noted as a condition for any subsequent development plans. Recycled water service, therefore, would be available upon construction of any required on -site and /or off -site recycled water facilities and the completion of financial arrangements between RCWD and the property owner. Requirements for the use of recycled water are available from RCWD. As soon as feasible, and prior to the preparation of California Environmental Quality Act (CEQA) documents, the project proponent should contact RCWD for a determination of existing water system capability, based upon project - specific demands and /or fire flow requirements, as well as a determination of proposed water facilities configuration. 11 new facilities are required for service, fire protection, or other purpose;, the project proponent should contact RCWD for an assessment of project - specific fees and requirements. Please note that separate water meters will be required lot- all landscape irrigation. Sewer service to the subject project /property, if available, would be provided by Eastern Municipal Water District. If no sewer service is currently available to the subject project/property, all proposed waste discharge systems must comply with the State Water Resources Control Board and /or health department requirements. If you should have any questions or need additional information, please contact an Engineering Services Representative at the District office at (95 1) 296 -6900. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Erica Peter Engineering Services Representative cc: Corey Wallace. Engineering Manager - Design Warren Back. Engineering Manager - Planning Heath McMahon, Construction Contracts Manager Cony Smith. Engineering Services Supervisor Phillip Dauben, Associate Engineer Andrew Dixion. Generations HC, LLC Mike Rust. Cal -Paseo Del Sol, LLC 14\EP:hah0I nt'450TEG 4 i ft�ysasl COUNT Y �l PLANNING DEPARTME Seven wefst pining Director February 19.2015 City of Temecula Planting Depart[nent FAX: (95 1) 694 -6477 Attention: James Atkins Pages 3 (inctudingthis cover) RE: Gg002423 APProval Comments Temecula Healtb Care Center City of Temecula Case No. PAL14-2696 A14 -2696) was Investigation Report Temecula County Geologic Re (GEO) No. 242 >> submitted for this City of Temecula project Riverside County, prepared by Converse Consultants and is entitled: "Geotechmcai of Temecula, Healthcare Center South o£ De Portola Road and Camp hula way' City California', dated October 24, 2014. GE002423 concluded: Project site. 1. There are no active faults projecting toward or extending across the ide County y O o f State of Califom 2. The site is not located within a currently designated Riversia Earthquake Fault Zone of nearby major faults is 3 The potential for surface rupture resulting from the moveme considered low. surface manifestations of liquefaction are considered low for al areas. 4. The potential for 5 Site soils have a'very low" expansion potential. g The potential for lateral spreading is considered to be low - 7. Ground subsidence is anticipated to be negligible due to the previous site grading. B. Property engineered fill slopes are anticipated to have a tow susceptibility to earthquake - induced landsllding. g The potential for flooding due to seichin9 Is considered IoW. 10. Tsunamis are not considered to be a risk. GFOO2423 recommended: 1. Prior to the start of any earthwork the site should be cleared of all vegetation Sup and t�c ufes 2- The engineered fill at the site is generally considered suitable for the supPo however, limited remedial grading is recommended degree of compaction and thickness variations in the soil type, minimum. 3 To reduce diff erential settlement, of the engineered fill placed underneath the foundations should be kept to a paten Ofrioe .77588 El Duna Court Palm Desert, Cafifomie -. 2z1-I .- 5 - . Riverside Office . 4060 Lemon Street, 12M floor ��) 853 -8277 •Fax (760) .ro v:,wsfda. Califomia 92502 -1409 This fax was received by GFI FaxMaker fax server. For more information, visit: http. // w .gfi.com ic! eotechnical study for PlanninglCEQA for for Planning purposes. it should be noted that no GEO No. 2423 satisfies the requirement for a geolog 9 Of purposes, GEO No. 2423 is hereby aceeP port or formal review of provided building code intofm3ti n of T Paola, engineering review of this repo des. n and code data will be made by tY this review- Formal review of engineering or building permit submittal to the city. as apPropdate, at the time of grading Thank,. for the opportunity to review this case for the City of Temecula. l Please call me at (951) 955 -6863 if you have any questions. Sincerely, RIVERSIDE COUNTY PLAN1`iING DEPARTMENT Steven Weiss, Planning Director Devi L. Jones, CEG 130.7283 Chief Engineering Geologist TLMA- Planning cc: Temecula File:PA14 -2696 (9)796 -7675 Converse Consultan GE002423 Reviews\ CF02a23_APPro`'I T'A14- 2696.docx g:,Geology \Temeo > a This fax was received by GFI FaxMaker fax server. For more information, visit: http /A~v.gfi.com VIA EMAIL and USPS PECf1ANGA CULTURAL RESOURCES Temecula Band oJLuiseho Mission Indians Post Office . Box 2187 • Tea ccolu. CA 9359} Tcicphone 05 1) 308 -9295• F:av 19511506 -9491 January 9. 2015 a Mr. Eric Jones Associate Planner City of'femecula Planning Department 4100 Main Street Temecula. CA 92590 Chairperson. Mary Bear .Magee Vice Chairperson: Darlene Miranda Commincc Member: Evie Gerber Bridgcll BarCeIIn MaXsw lI Richard B. scearce, III Germaine Arenas Davcntr Gary DuBois Coordinator'. Paul Maestro Cultural Analvs'r Anna Homer Re: Pechanga Tribe Comments for the Temecula health Center Development Plan Project Dear Mr. ,tones: phis comment letter is written on behalf of the Pechanga Band of LIIISer10 Indians (hereinafter, "the Tribe "), a federally recognized Indian tribe and sovereign government in response to a request for information by the City. The bribe limnally 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'). Il' 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 Projcet. The Tribe further requests to be directly notified ofall public hearings and scheduled approvals concerning this Project. Please also incorporate these comments into the record ol'approval for this Project. Based upon the documents provided by the City, the Tribe understands that the proposed Project is an application to allow for the construction ol'a 67,146 square foot single -story skilled nursing and memory care center with an associated parking lot and water quality basin. The Project site is located in a sensitive area which includes tangible and intangible resources, including but not limited to tribal heritage resources, Luisefio place names, pictographs and petroglyphs -- rock art (mold yixr lvul ). Village Complexes, Native American burials, TCPs. and other sacred places. As you know. the Tribe is not opposed to this project: however, we are opposed to any direct, indirect and cumulative impacts to the irreplaceable cultural resources located in this very special area. Sacred Is They Dun, Trusted Unto Our Carc And With Honor We Rise To The Need Pechanga Comment Letter to the City of Temecula Re: Pechanga Tribe Comments on the I emecula Health Center Development Plan January 9, 2015 Page 2 The Tribe understands that the site has been previously graded: however. we are unsure as to exact depths throughout the Property. Because of this, we request tribal and archaeological monitoring during all earthmoving activities. including utility trenching. that exceed 5 feet. PROJECT MITIGATION MEASURES Ilie proposed Project is on land that is within the traditional territory of the Pechanga Band of AIiSCi10 Indians. Given the additional new information we have gathered in recent years about the area where the proposed Project is located. we request additional mitigation measures and conditions. As described above. the 'I ribe requests that. at a minimum. the City include the following mitigation measures in the conditions ofapproval for the currently proposed Project. MM 1 Professional Archeological and Pechanga 'I ribal monitoring shall occur during all earthmoving activities and all utility trenching in which grading exceeds 5 feet. MM2 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 MM I. MM 3 Pechanga Tribal monitors shall be allowed to monitor all excavation and groundbreaking activities as described in MMI . Prior to issuance ofgrading permit Project Applicant must submit a fully executed Cultural Resoarce.s Treabnent and k9uniloring.l} reentent. hr and between the Pechanga Triter the Project ;1171)licunf, and the londou ner. 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 -t Prior to issuance of grading permit, the Project Applicant shall file a grading plan with the City, and submit a copy to 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 as appropriate. 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 Pechanga Cuhurat Resources • Teanerutu Band q(Luiseito Mission Indians Post Office Boa 2183 - 1'emeada, CA 92592 Sacred Is The Duty Trusted Unto Our Care And With Honor We Rise To The Need Pechanga Comment Letter to the Cite of Temecula Re: Pechanga Tribe Comments on the Temecula Hcalth Center Development Plan January 9, 2015 Page 3 evaluation shall include culturally appropriate temporary, and permanent treatment pursuant to the Cith tra! Resource.% Trecumew and ;llanitorinK Agreemeni. 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) 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 Cullural Resource.a Treatment and Monitoring Agreement in MM 3. MM 5 It' human remains are encountered. California I Icalth 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. 11' the Riverside County Coroner determines the remains to be Native American. the Native American Heritage Commission most be contacted within 24 hours. The Native American fleritagc Commission must then identify the "most likely descendant(s) which parties agree will likely be the Pechanga Band based upon the fribe'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 arti lacts 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. The Project area may 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 Perhanga Cudural Resrmrees • Temecula Bund of Lui.veno Mission Indians Post Office But 2183 • Tetnecula, CA 91591 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 Temecula Health Center Development Plan January 9. 2015 Page 4 resources located in native soils, and /or re- burial on Project property so they are not subject to further disturbance in perpetuity Ptn-suant to Calif. Pub. Res. Code § 21083.'_(h) avoidance is the preferred method of preservation for archaeological resources and cultural resources. If the landowner and the 'I ribe cannot agree on the signil icance or the mitigation tot' the archaeological or cultural resources. these issues will he 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 ol' 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 'I ribe looks forward to working together with the City ol''Iemccula in protecting the invaluable Pechanga cultural resources tound in the Project area. Please contact me at 951- 770 -8113 or at cozcIdO'Techanga- nsn.gov once you hace had a chance to review these comments so that we can discuss the Project further. Thank you. Sincerely, I'uba Fbru Ozdil Planning Specialist CC Pechanga C)ftice of the General Counsel Pechanga Cultural Resouire.s • Temecula Band a/Zuiseiio Mission Indians Post Office Box 2183 • Teniecula, CA 92592 Sacred Is Me Dury Misted Unto Our Cure And With Honor We Rise To The Need EXHIBIT B CONDITIONS OF APPROVAL (CONDITIONAL USE PERMIT) EXHIBIT B CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA14 -2698 Project Description: A Minor Conditional Use Permit to allow a skilled nursing and memory care center located on the southwest corner of De Portola Road and Campanula Way Assessor's Parcel No.: 959- 090 -011 MSHCP Category: Commercial DIF Category: Service Commercial TUMF Category: Service Commercial Quimby Category: N/A (Commercial Project) Approval Date: March 18, 2015 Expiration Date: March 18, 2017 PLANNING DIVISION General Requirements Indemnification of the City. 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 Citys 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. 2. Expiration. 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 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. 3. Time Extension. The Director of Community Development 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. 4. Consistency with Specific Plans. This project and all subsequent projects within this site shall be consistent with Specific Plan No. 4 (Paloma Del Sol). 5. Compliance with EIR. The project and all subsequent projects within this site shall comply with all mitigation measures identified within EIR No. 235. 6. Conformance with Approved Plans. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Division. 7. Statement of Operations. The applicant shall comply with their Statement of Operations, on file with the Planning Division, unless superseded by these Conditions of Approval. 8. Revocation of CUP. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 9. City Review and Modification of CUP. The City, its Director of Community Development, Planning Commission, and City Council retain and reserve the right and jurisdiction to review and modify this Conditional Use Permit (including the Conditions of Approval) based on changed circumstances. Changed circumstances include, but are not limited to, the modification of business, a change in scope, emphasis, size of nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Director of Community Development, Planning Commission and City Council is in addition to, and not in -lieu of, the right of the City, its Director of Community Development, Planning Commission, and City Council to review, revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon.