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HomeMy WebLinkAbout011806 PC Agenda .g In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE January 18, 2006 - 6:30 P.M. ******** Next in Order: Resolution No. 06-06 CALL TO ORDER Flag Salute: Roll Call: Chairman Mathewson Chiniaeff, Guerriero, Harter, Telesio and Mathewson PUBLIC COMMENTS . A total of 15 minutes is provided so members of the public may address the Commission on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Commission about an item not on the Agenda, a salmon colored "Request to Speak" form should be filled out and filed with the Commission Secretary. When you are called to speak, please come forward and state your name for the record. For all other agenda items a "Request to Speak" form must be filed with the Commission Secretary prior to the Commission addressing that item. There is a three (3) minute time limit for individual speakers. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the Planning Commission request specific items be removed from the Consent Calendar for separate action. 1 Minutes RECOMMENDATION: . 1.1 Approve the Minutes of December 14, 2005 R:\PLANCOMMlAgendas\2006\01-18-06.doc L .. -~ ..~.-----.~.- . ..;:;;.-~-: - _._,,_.~'.;..=._~;:."-,;;;...~. ......--~ ;O~.~ ="ill . 2 Director's Hearino Case Uodate RECOMMENDATION: . 2.1 Approve the Director's Hearing CasEHJpd<ite for Oecember 2005 COMMISSION BUSINESS 3 Elect new Chair and Vice Chair PUBLIC HEARING ITEMS Any person may submit written comments to the Planning Commission before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else rais.ed at the public hearing or in written correspondences delivered to the Commission Secretary at, or prior to, the public hearing. Any person dissatisfied with any decision of the Planning Commission may file an appeal of the Commission's decision. Said appeal must be filed within 15 calendar days after service of written notice of the d~cision, must be filed on the appropriate Planning Department application and must be accompanied by the appropriate filing fee. Continued from December 7, 2005 . 4 Plannino Application No. Planning Application Nos. PA05-0155 a Pedestrian Plan and Sian. Proaram. submitted bv Allen Robinson. on a 0.55 acre site for Butterfield Sqyare. located at the southeaSt corner of Old Town Front Str€et and Third Street Stuart Fisk. Associate Planner. Continued frofllDecember 14,2005 5 Plannino Al)olication Nos. PA04-0490.PA04-0491. PA04-0492, a Tentative Tract Map. Conditional Use Permit. and DeveloomeFlt Plan. for 428 residential units on 36.19 acres of a 47.72 acre site. The remaining acr€aoe is located within the channel area lor Temeoufa Creek and will not be developed as oart 01 this qroiect. The proiect includes 96 sinole-family units on 15.14 acres. 96 !riotex units !in 3~buildinos) and 236 fourolex units {in 59 buildinos) on 2.1.05 acres. located on the northeast corner of the intersection of Loma Linda Road and Temecula t.ane.Ghristine Damko. Associate Planner New Items 6 Plannino Application No. PA04-0584 a Develooment Plan. submitted bv Rick Conrov of Newp.ort Architects. to construct and oQerate a three-storY. 15.333 square foot mixed-us2 retail/office buildino and a Minor Exceotionto oermit a 15 percent reduction in the parkino. reauirements for a oroiect on a 1.4 acre site located on the West side of Old Town Front Street, Aporoxifllllteiy 1.400 feet south of Santiaoo Road. Known as Assessor Parcel No. 922-100"023. Stuart Fisk. Associate PlannEir. . R:\PLANCOMMlAgendas\2006\Ol.18.06.doc 2 -.:_"....-....._--. - _ .;!~:~U$-.. ~..: ;~~~#~~~!:~~~ ... . . . 7 Plannina Aoolication Nos. PA05-0033 and PA05-0034. a Tentative Tract Mao INo. 33125) and DE'Jvp.lopment PI~.n. ~'.JblT1itted bv.. Woodside Homes. to subdivide 14.14 acres within Plannina Area 18 of the Wolf Creek Specific Plan into 10 lots with a minimum lot size of 3.000 s~uare feet 18 condominium lots. 1 recreation center. and 1 orivate street) and 139 detached sinale-familv "motor court" homes with associated planned develooment standards. located east of Pechanoa Parkwav and south of Wolf Vallev Road. Chervl Kitzerow. Associate Planner. COMMISSIONERS' REPORTS PLANNING DIRECTOR'S REPORT ADJOURNMENT Next regular meeting: Wednesday, February 1, 2006, 6:30 PM, Council Chambers, 43200 Business Park Drive, Temecula, California. R:\PLANCOMMlAgendas\2006\01-18.06.doc 3 ii2=~':~., . ~ .. _. _.,~.o_..__._.~ ___ o '_n ..__..__.._.__~ __ ".. __n ....~-_._-.,--..-~- --- --,- ,",-- ..".. - ~'-'.". 0--"" " e;;''='~'','''c-=--,='-:f-~-'~ - - ~ - - -_.'- ---- '.on ..........._..____ .. ._.~~.....~-_..- _~.c;-~~---= _._.c~:~' __-. _ -C:~ ,_ _ '- -'" .- .--------.-" ,-.' .-,.. . -._.~.-..---~---- . ITEM #1 . . . . MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION DECEMBER 14,2005 CALL TO ORDER The City of Temecula Planning Commission convened in a regular meeting at 6:30 P.M., on Wednesday, December 14, 2005, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. ALLEGIANCE Commissioner Mathewson led the audience in the Flag salute. ROLL CALL Present: Commissioners Chiniaeff, Guerriero, Harter, Telesio, and Chairman Mathewson. Absent: None. PUBLIC COMMENTS . No public comments. COMMISSION BUSINESS 1 Plan nino Aoolication No. PA05-0284. Public Convenience or Necessitv Findinos. submitted bv Rebecca PerrY on behalf of The Wine Sellers. to conduct wine tastino and sales. located at 28480 Old Town Front Street. #D Assistant Planner Bales presented a staff report (of record). MOTION: Commissioner Chiniaeff moved to approve the Public Convenience or Necessity findings. Commissioner Telesio seconded the motion and voice vote reflected unanimous aooroval. PUBLIC HEARING ITEMS Continued from December 7, 2005 2 Plannino Aoplication No. PA05-0064. a Develoqment Plan. submitted bv Matthew Faaan. for a Comprehensive Sian Proaram for the Maraarita Crossinos shoooino center on 5.56 acres. located on the southwest corner of Maroarita Road and Overland Drive Associate Planner Fisk provided a staff report (of written record). . At this time the public hearing was opened. R:\MinulesPC\121405 Mr. Mark Burger, representing the applicant offered the following comments: . That the applicant has worked hard with staff to accommodate the requests made by the . Planning Comr1)ission . That the applicant is of the opinion that the changes that were made would be the best that the applicant would be able to make and still be in keeping with the previously made tenant commitments . That the applicant will encourage the tenants to install blade signs and external lighting (gooseneck); however, the applicant must retain the internal lighting channel lettering so that the tenants could remain competitive Mr. John Hadaya, representing ultrasigns, noted that the applicant has met every request that was, made by the Planning Commission. . That the applicant has added a column to the monument side as requested by the Planning Commission . That the sign program as it currently stands, would be considered flexible and would allow for creativity . That not all signs proposed by tenants will be channel lettering or flat cut-out letters mounted on a wall . That the proposed center will be a first-rate center with a first-rate sign program. Thanking the applicant for the addition of a column to the monument sign, Commissioner Telesio stated and that although the sign program contains a variety of choices, he did express concern with the possibility of tenants not desiring to be creative; and therefore, only using the . basics for its signs. Referencing Commissioner Telesio's comments, Mr. Hadaya noted that every tenant will need to adhere to the sign criteria; and that before a sign permit is pulled, it would have to be reviewed and approved by the landlord to ensure that the sign criteria has been met. Mr. Burger noted that every tenant will need to adhere to the proposed sign criteria; that the type of tenants that will be attracted to the proposed project will be a high-end, specialty tenants; and that the tenants will have flexibility to work within their own business format as to how they would want to present their business to the community. Referencing Mr. Blirger's comment, Chairman Mathewson stated that the intent of the Planning Commission was for the applicant to look beyond the ordinary, to raise the bar with regard to the typical sign program; that considering the architecture of the proposed project, it would be important for the sign program to enhance the proposed architecture, and not detract from it. That considering what is being proposed for the sign program. Chairman Mathewson also noted that neon channel signs would not be desireable. Politely disagreeing with Chairman Mathewson's comments, Mr. Burger stated that the project will be providing tenants the opportunity to be competitive in the market place; that the proposed sign program will be a superior over any other sign program in the City; that although it would be most likely that the tenants would be implementing the full benefits of the sign program, the applicant cannot guarantee this. . R:\MinutesPC\121405 2 . . . Responding to Mr. Burger's comments, Commissioner Chiniaeff stated that the Planning Commission's intent would be to avoid an unorganized mixture of various colors and styles of signs; that because the applicant would be proposing to give the tenants too many choices, an unorganized mixture of various colors and styles will be the result. Commissioner Chiniaeff also stated that the main concern would be with the rear of Building C; that he would suggest that the applicant remain with the proposed sign program but that the applicant be more specific to the tenants with regard to the backside of Building C. Referencing Commissioner Chiniaeff's comments, Mr. Burger and Mr. Hadaya both stated that they would be willing to accept a Condition of Approval that would condition that the signs of Building C (rear) be non-illuminated with No channel lettering, advising that it would be strictly external. Echoing Commissioner Chiniaeff's comments, Commissioner Telesio also stated that he would desire that the applicant be conditioned that the rear of Building C be more restrictive with non- illuminated and No channel lettering. In terms of the rear of Building C, Mr. Burger stated that the main focus would be that tenants receive signage in the front of Building C, that he would be willing to accept a Condition of Approval restricting the rear of Building C from non-illumination with No channel lettering, but that the front of Building C would be allowed to have Channel neon lighting. For the Commission and applicant, Director of Planning Ubnoske suggested that modifying the language on Page 7 (Margarita Crossing sign Program): Section D: signage composed of several different elements and lighting techniques be modified to be re~uired versus encouraaed; and that Lighting Section D: Site signage and Building tenant signage should be illuminated using a variety of lighting techniques. One or more of the following should be modified to be reauired versus encouraaed. In response to Director of Planning Ubnoske's suggestion, Mr. Burger stated that he would be willing to accept the modification. Commissioner Chiniaeff suggested that the applicant be restricted from placing two identical signs adjacent to each other and that the Planning Commission eliminate signs that would not be desireable. At this time the public hearing was closed. MOTION: Commissioner Chiniaeff motioned to approve the sign program subject to the following modifications: that language on Page 7, Section D: be modified as mentioned above; that a condition be imposed that states all signs on the rear of Building C not be internally illuminated signs; that two of the same sign types not be adjacent to each other; and that there be no exposed neon channel letters. Commissioner Telesio seconded the motion and voice vote reflected approval with the exception of Chairman Mathewson who voted No. PC RESOLUTION NO. 05-067 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA05-0064, A COMPREHENSIVE SIGN PROGRAM FOR THE "MARGARITA CROSSINGS" SHOPPING CENTER, GENERALLY LOCATED AT THE SOUTHWEST CORNER OF MARGARITA ROAD AND OVERLAND DRIVE, ALSO KNOWN AS ASSESSOR PARCEL NUMBER 921-810-026. R:\MinutesPC\121405 3 New Items 3 Plannina Application No. PA05-0232, a Development Plan, submitted bv Larrv True. to construct and oo'erate a three-story. 47.897 souare foot hotel with 92 units. located on the south side of Winchester Road. approximatelv 225 feet east of Jefferson Avenue . Associate Planner Fisk provided a staff report (of written record), and requested that Condition of Approval No. 10 be modified to impose: The applicant will install landscaping on the adjacent property directly to the north of the site between the property line and Winchester Road. The applicant and the adjacent property owner have entered into a maintenance agreement which will allow the site to be landscaped and maintained by the applicant of Marriott Fairfield Inn & Suites. In response to Commissioner Guerriero's query, Associate Planner fisk noted that stone veneer will be located at the main entry of the building, at the trellis structures along the pool area, as well as the trellis structure along the south entry. At this time the public hearing was opened and due to no speakers, it was closed. Commissioner Chiniaeff asked staff why they would be of the opinion that the proposed project would warrant doubling the square footage. In response to Commissioner Chiniaeff's question, Director of Planning Ubnoske stated that a hotel use will always exceed its Floor Area Ratio (FAR); that the more a hotel exceeds its FAR, the more staff will work to improve the architecture and landscaping; that staff if of the opinion that the applicant has presented an acceptable project in terms of the treatment of the building . and the amount of additional offsite landscaping; and that staff will be readdressing the Development Code as it relates to hotels. MOTION: Commissioner Guerriero moved to approve staff recommendation. Commissioner Harter seconded the motion and voice vote reflected approval with the exceotion of Commissioner Chiniaeff who voted No. PC RESOLUTION NO. 05-068 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING A DEVELOPMENT PLAN TO CONSTRUCT AND OPERATE A THREE-STORY, 47,897 SQUARE FOOT HOTEL WITH 94 UNITS ON A VACANT 1.71 ACRE PARCEL, GENERALLY LOCATED ON THE SOUTH SIDE OF WINCHESTER ROAD APPROXIMATELY 225 FEET EAST OF JEFFERSON AVENUE, KNOWN AS ASSESSOR PARCEL NO. 910-310-011 . R:\MinutesPC\ 121405 4 . . . Due to a conflict of interest, Commissioner Guerriero stepped down from Item NO.4. 4 Plannina Application No. PA05-0157. a Conditional Use Permit. submitted by Claudia Mueller. to construct and operate a cellular telecommunication facilitv consistina of a 45-foot hiph monopine with twelve cellular panel antennas and a 230 s~uare foot eouioment shelter within a 633 sauare foot lease area of a 3.57. located at 44526 Pechanoa Parkwav Associate Planner Fisk gave a staff report (of record), noting that a Condition of Approval could be added that would impose that landscaping around the monopine be maintained. At this time the public hearing was opened. Ms. Claudia Mueller, representing Nextel, relayed that the applicant concurs with all Conditions of Approval and a new condition regarding maintenance of landscaping around the monopine. At this time the public hearing was closed. MOTION: Commissioner Telesio moved to approve staff recommendation. Commissioner Chiniaeff seconded the motion and voice vote reflected approval with the exception of Commissioner Guerriero who abstained. PC RESOLUTION NO. 05-069 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA05-0157, A CONDITIONAL USE PERMIT TO CONSTRUCT AND OPERATE A WIRELESS TELECOMMUNICATIONS FACILITY CONSISTING OF A 45- FOOT HIGH MONOPINE WITH TWELVE CELLULAR PANEL ANTENNAS AND A 230 SQUARE FOOT EQUIPMENT SHELTER WITHIN A 633 SQUARE FOOT LEASE AREA OF A 3.57 ACRE SITE LOCATED AT 44562 PECHANGA PARKWAY (A.P.N.961-010-024) At this time the Planning Commission recessed for five minutes. 5 Plannina Application Nos. PA04-0490. PA04-0491. PA04-0492, a Tentative Tract Map. Conditional Use Permit. and Development Plan. for 428 residential units on 30.19 acres of a 47.72 acre site. The remainin9 acreaae is located within the channel area for Temecula Creek and will not be developed as Dart of this Qroiect. The proiect includes 96 sinale-family units on 15.14 acres. 96 triplex units (in 32 buildin9s) and 236 fourolex units (in 59 buildinos) on 21.05 acres. located on the northeast corner of the intersection of Loma Linda Road and Temecula Lane Associate Planner Damko provided a staff report (of written record), advising that Condition of Approval No. 11 has been amended to impose Vesting Tentative map Affordable Housing Condition of Approval and Condition 18 to Conditional Use Permit/Development Plan Affordable Housing Condition of Approval; and that the square footage for Tri-Plex/Six Plex Units for Plan 3, three-stories should be 1,548 square feet, not 548 square feet. R:\MinutesPC\ 121405 5 In response to Commissioner Telesio's query, Redevelopment Director Meyer stated that a threshold income for a family of four would be $66,800 and that the units will be made available . at a moderate level for a 45 year period. Referencing Commissioner Chiniaeff's question, Deputy Director Parks noted that the circulation element for the proposed project was modified to show a two-lane road that would connect Loma Linda Road to Avenida De Missiones; that the bridge itself was not analyzed, but that the project will be conditioned to provide an alignment study. For the Commission, Senior Planner Papp relayed that although the initial study itself for the previous project was not included in the packet, the Mitigation Monitoring program from the initial study was included and that the Conditions of Approval would require that mitigation measures are met. At this time the public hearing was opened. Representing the applicant, Mr. Larry Markham stated that the applicant concurs with the Conditions of Approval including the changes that. were made by staff with regard to the Affordable Housing component, and advised that the entire team would be available to answer any detailed questions. The following individuals spoke aaainst the proposed project: . Mr. Greg Dunlap, Temecula . Mr. Tim Burns, Temecula . Mr. Thomas Fine, Temecula . . Ms. Lisa Musick, Temecula . Mr. Ed Means, Temecula The above mentioned individuals spoke against the proposed project for the following reasons: . That two signs posted for the proposed project had conflicting dates . That the understanding of the surrounding community is that the proposed site is zoned for Light Office (La) . That there is a concern with who and how the proposed units will be maintained . That the approved Wolf Creek project and Boys and Girls Club will already create be too much traffic congestion . That low-income housing will cause depreciation to the adjacent homes in the community. Referencing noticing requirements, Director of Planning Ubnoske stated that every project would be required to be noticed by way of advertisement, by way of mail to residents within 300 feet, and through posting of the proposed site. . R:\MinutesPC\121405 6 . . . Commissioner Telesio expressed concern with the conflicting posted signs and queried on the legal notification procedure in regard as to whether the item should be continued for proper notification. For the purpose of clarifying conflicting posted signs, Assistant City Attorney Snow stated that due to the fact that notices were mailed to residents within 300 feet and advertisement through the newspaper were carried through, legal requirement has been met; but that if the Planning Commission were of the opinion that the item should be continued to provide broader notice, that would be the purview of the Planning Commission. At this time reasons for the opposition of the proposed project continued below: . That existing schools in the area will not be able to accommodate more students without adding portable classrooms on existing schools . That it would be important that a school impact study be performed before the proposed project moves forward . That the Loma Linda Road will not be able to accommodate the traffic congestion that the proposed project will create . That due to the conflicting posting dates, it would be the desire of residents that the item be continued to allow time of member of the community to attend . That the proposed will create great impacts with regard to traffic, noise, schools, pollution, and overall quality of life for adjacent residences. Representing Pechanga Cultural Resources and speaking in favor of the proposed project, Ms. Stephanie Gordin, stated and requested the following: . That because of the culturally sensitive site, the Pechanga Tribe would request that it be stated on record that the archeological report that was prepared for the project did not contain accurate information regarding the significant site on the adjacent property . That the Pechanga Tribe did provide additional information relating to the significant site with a November 10, 2005, comment letter; that the tribe requested that the Conditions of Approval set forth in the November 10, 2005, comment letter, in reference in the project conditions of Approval, be specifically included as conditions; and that in the event of confusion or contradictory interpretations between the conditions and those referenced in the Mitigations Monitoring plan, that those conditions be considered to take precedence. Relaying his opinion, Commissioner Telesio stated that his desire would be that the proposed project be continued to allow opportunity for residents who were confused by conflicting posting dates time to voice their opinions. Echoing Commissioner Telesio's comment, Commissioner Chiniaeff would also be of the opinion that residents who were confused by conflicting dates be allowed an opportunity to attend a hearing and voice their opinions. R:\MinutesPC\12140S 7 For the Commission and applicant, Assistant City Attorney Snow noted that it would be appropriate for the applicant to rebut at this time as well as reserve the right to rebut if the item . were to be continued. In rebuttal, Mr. Larry Markham noted the following: . That the proposed project will be a for-sale project . That the proposed project will have a homeowners association and advised that common areas will be maintained by the association . That the proposed units will be a gated community . That portions of the creek will become deeded to the RCA and become permanent Open Space (OS) . That a right-of-way will be provided for the future extension of Avenida De Missiones bridge, and that staff has been provided a series of alignment studies both vertically and horizontally . That the applicant has met with the school district, and that projections for the elementary school, middle school, and high school have been calculated . That an extensive traffic study was performed with new traffic counts; and that it would be an 80% reduction in traffic as opposed to what traffic would be if the proposed site . were to become Professional Office (PO) . That the affordable units will be restricted to No Renters . That Development Impact Fees (DIF) will go toward the funding of additional police personnel, and that the environmental document that was provided demonstrated an acoustic analysis in regard to traffic, biological, and air quality analysis . That the mitigation monitoring conditions will be incorporated into the Conditions of Approval; that the applicant will continue to work with the Pechanga tribe, advising that there would be no issues with regard to Pechanga Cultural Resources. For Commissioner Chiniaeff, Mr. Larry Markham noted that he will provide the Planning Commission with projections that were provided to the applicant by the school district with regard to the proposed project. At this time Chairman Mathewson asked the audience to refrain from comments. Mr. Lindsay Quackenbush, representing D.R. Horton, offered the following comments: . That the proposed project will be a well designed project with substantial single family and multi-family units . That the majority of the buyers will be first-time buyers and retired persons . R:\MinutesPC\ 121405 8 . . . . That the units will be maintained by a Homeowners Association (HOA) . That the applicant would be willing to meet with the surrounding residents so that concerns of the community could be addressed. It was the consensus of the Planning Commission to continue the hearing to January 18, 2006, to allow the applicant an opportunity to present their proposed project to surrounding residents. PC RESOLUTION NO. 05-070 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA-04-0490, VESTING TENTATIVE TRACT MAP; PA04- 0491M CONDITIONAL USE PERMIT; AND PA04-0492, DEVELOPMENT PLAN (PRODUCT REVIEW) FOR THE DEVELOPMENT OF 96 SINGLE-FAMILY UNITS, 96 TRI-PLAX UNITS, AND 236 FOUR-PLEX UNITS (428 TOTAL UNITS) LOCATED AT THE NORTH EASTERN CORNER OF THE INTERSECTION OF LOMA LINDA ROAD AND TEMECULA LANE 6 Plannina Aoplication No. PA05-0205. a Development Plan to construct a 3-storv shell buildina consistino of aPDroximatelv 6.080 SQuare feet of retail/commercial office suites 0'1 the first floor. 5.137 sauare feet on the second and 4978 s~uare feet on the third for a total of 16.195 SQuare fee. located at 41955 Fourth Street Associate Planner McCoy presented a staff report (of record). At this time the public hearing was opened. Representing Interactive Design Corporation, Mr. Michael McAuliffe, spoke in favor of the proposed project advising that granite will occur at the front plaza as well as the base of the building and that there will be no architectural treatment made of foam anywhere in reach of the public. Clarifying Condition of Approval No. 62, Deputy Director Parks noted that the applicant would be required to improve frontage to the centerline or, 6 feet beyond the centerline. At this time the public hearing was closed. The Planning Commission thanked the applicant as well as staff for another excellent project entering into Old Town, Temecula. MOTION: Commissioner Chiniaeff moved to approve staff recommendation. Commissioner Guerriero seconded the motion and voice vote reflected unanimous approval. R:\MinutesPC\ 121405 9 PC RESOLUTION NO. 05-071 . A. RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION FOR A THREE-STORY BUILDING CONSISTING OF APPROXIMATELY 6,080 SQUARE FEET OF RETAIUCOMMERCIAL SPACE ON THE FIRST FLOOR, 5,137 SQUARE FEET ON THE SECOND FLOOR 4,978 SQUARE FEET OFFICES ON THE THIRD FLOOR, TOTALING 16,195 SQUARE FEET, LOCATED AT 41955 4TH STREET BETWEEN FRONT STREET AND MERCEDES STREET 7 Plannina Application No. PA05-0254. PA05-0319. a Develooment Plan and Conditional Use Permit to construct a new commercial shoqpinq center consistino of five retail buildinas totalinq approximatelv 73.000 s~uare fee and a drive-thru automatic teller machine. located on Hiahwav 79 South approximate Iv 800 feet west of Butterfield Staae Road Associate Planner McCoy provided a staff report (of written material), recommending that the Planning Commission approve the proposed project with the modified Conditions of Approval distributed at the meeting. At this time the public hearing was opened. Representing Vail Properties, Mr. Jerry Swanger, relayed his support of the proposed project . while advising the Planning Commission of the problems with regard to Wolf Store Road. Mr. Richard Benson, representing Benson & Bohl Architects, relayed his support of the proposed project. At this time the public hearing was closed. MOTION: Commissioner Guerriero moved to approve staff recommendation. Commissioner Harter seconded the motion and voice vote reflected unanimous aooroval. PC RESOLUTION NO. 05-072 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA05-0254, A DEVELOPMENT PLAN TO CONSTRUCT A NEW COMMERCIAL 73,306 SQUARE FOOT SHOPPING CENTER THAT INCLUDES FIVE RETAIL BUILDINGS AND PLANNING APPLICATION NO. PA05-0319, A CONDITIONAL USE PERMIT TO ALLOW A DRIVE-THROUGH AUTOMATIC TELLER MACHINE FOR A WELLS FARGO BANK LOCATED ON HIGHWAY 79 SOUTH BETWEEN MAHLON VAIL AND BUTTERFIELD STAGE ROAD (ASSESSOR'S PARCEL NUMBER 952-200-002, 011-, 012, AND 013) . R:\MinutesPC\121405 10 . . . COMMISSIONERS' REPORTS No report at this time. PLANNING DIRECTOR'S REPORT No report at this time. ADJOURNMENT At 9:21 P.M., Chairman Mathewson formally adjourned to Thursdav. Januarv 5 at 6:30 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula. The Commission's regularly scheduled meetings of December 21, 2005, and January 4, 2006 will not be held. Dave Mathewson Chairman Debbie Ubnoske Director of Planning R:\MinutesPC\121405 11 . ITEM #2 . . . TO: FROM: DATE: SUBJECT: CITY OF TEMECULA COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION MEMORANDUM Planning Commission Debbie Ubnoske, Director of Planning January 18, 2006 Director's Hearing Case Update Planning Director's Agenda items for December 2005. Date December 15, 2005 Case No; PA05-0025 PA05-0238 . Prqposill Tentative Parcel Map 33386 to subdivide 5.37 gross acres into two lots. Minor Exception application to reduce the required lot area of the proposed parcels by maximum of fifteen percent of the required 2.50 acre minimum size, located at 30854 Lolita Road . Attachment: 1. Action Agenda - Blue Page 2 . R\DffiHEARIMEM0\2006\O 1-18-2006.doc Applicant Michael La Vasani .Action-, APPROVED . . . R,IDlRHEARIMEM0\2006101-18-2006.doc ATTACHMENT NO.1 ACTION AGENDA 2 . . . ACTION AGENDA TEMECULA PLANNING DIRECTOR'S HEARING REGULAR MEETING December 15, 20051:30 PM TEMECULA CITY HALL MAIN CONFERENCE ROOM 43200 Business Park Drive Temecula, CA 92590 CALL TO ORDER: Steve Brown, Principal Planner PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the Principal Planner on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Principal Planner about an item not listed on the Agenda, a white "Request to Speak" form should be. filled out and filed with the Principal Planner. When you are called to speak, please come forward and state vour name and address. Item No.1 1 :30 PM Project Information Project Number: Project Type: Project Title: Applicant: Project Description: PA05-0025 and PA05-0238 Tentative Parcel Map and Minor Exception La Vasani TPM Michael La Vasani Tentative Parcel Map 33386 to subdivide 5.37 gross acres into two lots. Minor Exception application to reduce the required lot area of the proposed parcels by maximum of fifteen percent of the required 2.50 acre minimum size. 30854 Lolita Road Categorically Exempt per CEQA Section 15332, In-Fill Development Projects Christine Damko APPROVED Location: Environmental Action: Project Planner: ACTION: R:\DIRHEAR\Agendas\2005\12-15-05 Action Agenda.doc . ITEM #3 . . . ELECT CHAIR , . AND VICE CHAIR . . ITEM #4 . . . . . TO: FROM: . DATE: SUBJECT: CITY OF TEMECULA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM Planning Commission Stuart Fisk, Associate Planner January 18, 2006 Planning Application No. PA05-0155 - Butterfield Square Planning Application No. PA05-0155 is a Comprehensive Sign Program and Pedestrian Plan for "Butterfield Square", .a 0.55 acre site generally located at the southeast corner of Old Town Front Street and Third Street (A.P.N. 922-043-005, 922-043-006, and 922-043-007). The project was reviewed by the Planning Commission at the October 19, 2005 meeting and was continued to the November 2 and December 7, 2005 Planning Commission meetings. The Planning Commission requested that the applicant revise the sign program to clarify locations and dimensions permitted for wall signs. Staff requests that this item be continued to the February 1, 2006 Planning Commission hearing to provide additional time for. the applicant to submit copies of the revised sign program for the Planning Commission to review. G:\Planning\2005\PAOS-0155 Butterfield Square Sign Program\Planning\Continuance Memo#5.doc 1 . . ITEM #5 . . . . . CITY OF TEMECULA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: DATE: SUBJECT: Planning Commission Christine Damko, Associate Planner January 18, 2006 Planning Application Nos. PA04-0490 and PA04-0492 - Temecula Lane On December 14, 2005 the Planning Commission received public testimony and considered a proposed Vesting Tentative Tract Map, Development Plan (Product Review), and Conditional Use Permit for the site development, and construction of 428 residential units on 36.19 acres of a 47.72 acre site. Due to an incorrect hearing date shown on the public hearing notice sign on the property, the Commission continued the project to the January 18, 2006 hearing. During the December 14, 2005 hearing, there were some concerns from the Commission and the public regarding the consistency of the project with the current zone designations, the impact on local schools, the environmental determination of the project, and traffic. Zonina/General Plan Consistencv According to Section 17.10.020.3 of the Development Code and Section H-36 of the General Plan, affordable residential housing is permitted in the Professional Office (PO) zone with an approved Conditional Use Permit. The development will set aside 86 of the 118 two-bedroom homes (20 percent of the total proposed units) located within the four-plex portion of the site for buyers with moderate incomes. This project is in compliance with the California Government Code and the City's Development Code. In addition, the project is compatible with the surrounding uses. The project proposes single-family units adjacent to existing single-family units to the east of the project. The multi-family condominium units are located on the west side of the project, adjacent to a vacant parcel that is zoned Professional Office. The four-plex and tri-plex units located along the outer boundaries of the site buffer the six-plex units that are located internally. A community trail that is maintained by the Community Services Department and 6.05 acre open space lot will buffer the proposed project from the Temecula Creek located to the north of the project. Imoact to Local SChools On December 21, 2005, staff received a letter from the Temecula Valley Unified School District verifying that the District has been monitoring the project for over one year. The School District has included this project in all student enrollment projections for the upcoming 2006/07 school year and will continue to have this project be a part of all school year figures. The School District anticipates being able to serve all new elementary, middle, and high school students for this project without the need for relocatable classroom buildings. R:IT M\2004104.0490 31946 Temecula LanelMEMO to PC.doc Environmental Determination . An Initial Study was prepared by staff and a Mitigated Negative Declaration was approved by staff on September 20, 2005 for Planning Application PA04-0496, a Stockpile and Mass Grading application proposed for the site. The Initial Study included the development proposal in the project description and addressed all potential impacts from the future residential development. The Initial Study concludes the project will not have a potential for significant environmental impacts with the implementation of Mitigation Measures from the Mitigated Negative Declaration and Conditions of Approval for the project. A Notice of Determination will be prepared stating that the project is consistent with the preyiously approved Mitigated Negative Declaration. Traffic Studv A traffic study was prepared by the applicant regarding the proposed development. The Department of Public Works has reviewed and approved this traffic study. The traffic study states that if the site were developed as professional offices, it would generate 15,549 vehicle trips per day with 1,220 trips in the morning peak hour and 1,820 trips in the evening peak hour. The proposed development is forecast to generate a total of 2,850 vehicle trips per day with 216 trips in the morning peak hour and 85 trips in the evening peak hour. The proposed project is projected to generate 12,699 fewer trips each day with 1,004 fewer trips per morning peak hour and 1,551 fewer trips per evening peak hour than the maximum trip generation that would be expected given the site zoning. The Traffic Study also indicates that the proposed project generates less than 20% of the traffic that would be generated if the project were built per current General Plan zoning of Professional Office and Commercial Retail (referenced in Table 3 of the Traffic Study). . . In regards to the Level of Service (LOS) on local roads in the proximity, the Traffic Study indicates that with improvements proposed in Table 7 of the Traffic Study (these improvements are also listed as Conditions of Approval), all study area intersections will operate at Level Of Service (LOS) "D" or better. The proposed project's impacts on the surrounding regional arterials are insignificant; however, addition of 18 other cumulative projects contributes to a LOS below "D". All these projects are required to contribute their fair share impact fees for improvement of the affected regional arterials such as 79 South and 1-15 interchange. Several of these major projects are currently under study and implementation. The proposed project is required to provide all frontage improvements per the current General Plan Circulation Element and pay all applicable fees for the regional off-site improvements. In addition, the only intersections that will operate at a LOS "F" or worse will be limited to the Highway 79 South corridor and will not impact local streets in proximity of this project. No single project can provide adequate improvements to achieve the LOS "D" requirements. Table 9 of the Traffic Study, Summary Intersection Analysis, shows that all study area intersections will operate at a LOS "D" or better with the proposed (cumulative) improvements. RECOMMENDATION Staff has determined that the proposed project, as conditioned, is consistent with the City's General Plan, Development Code, and all applicable ordinances, standards, guidelines, and policies. Therefore, staff recommends that the Planning Commission approve Vesting Tentative Tract Map (PA04-0490), Development Plan (PA04-0492), and Conditional Use Permit (PA04- 0491), based upon the findings and with the attached conditions of approval. . ATTACHMENTS R:IT M\2004104-0490 31946 Temeoula LanelMEMO to PC.doc 2 . . . ATTACHMENTS 1. Previously Approved Initial Study - Blue Page 3 2. Temecula Valley School District Letter- Blue Page 4 3. PC Resolution 06-_ - Blue Page 5 Exhibit A - Draft Conditions of Approval 4. December 14, 2005 Planning Commission Staff Report - Blue Page 6 R:\T M\2004\04-0490 31946 Temecula Lane\MEMO to PC.doc 3 . . . ATTACHMENT NO.1 PREVIOUSLY APPROVED INITIAL STUDY . R:IT M\2004104-0490 31946 Temecula LanelMEMO to PC.doc 4 - \ City of Temecula . Planning Department Agency Distribution List PROJECT: PA04-0490 through 0492 andPA 04-0496 DISTRIBUTION DATE: August 16, 2005 to September 16, 2005 CASE PLANNER: Christine Damko CITY OF TEMECULA: Building & Safety..................................... (X) Fire Department ...................................... (X) Police Department .................................. (X) Parks & Recreation (TCSD) .................... (X) Planning, A<;Jvance .................................. (X) 'Public Works ........................................... (X) ........ ( ) STATE: Caltrans................. ... ... ....... ...... ...... ..... .... (X) Fish & Game ........................................... (X) . Mines & Geology..................................... ( ) Regional Water Quality Control Board .... ( ) State Clearinghouse ............................... ( ) State Clearinghouse (15 Copies) ............ (X) Water Resources .................................... ( ) ......( ) FEDERAL: Army Corps of Engineers ........................ (X) Fish and Wildlife Service......................... (X) ........( ) ........( ) REGIONAL: Air Quality Management District.............. (X) Western Riverside COG ......................... ( ) ......( ) CITY OF MURRIETA: . Planning .................................................. ( ) ......( ) RIVERSIDE COUNTY: Clerk of the Board of Supervisors............( ) Airport Land Use Comrnission.................( ) Engineer ..................................................( ) Flood Control.......................................... (X) Health Departrnent ..................................( ) Parks and Recreation ..............................( ) Planning Department...............................( ) Habitat Conservation Agency (RCHCA) . (X) Riverside Transit Agency........................ (X) .......( ) UTILITY: Eastern Municipal Water District............. (X) Inland Valley Cablevision.........................( ) Rancho CA Water District, Will Serve .... (X) Southern California Gas ..........................( ) Southern California Edison ..................... (X) Temecula Valley School District ............. (X) Metropolitan Water District ......................( ) OTHER: Pechanga Indian Reservation................. (X) Eastern Information Center .....................( ) Local Agency Formation Comm ..............( ) RCTC ..................................................... (X) Homeowners' Association........................( ) R:\D P\2Q04\04-0496 Temecula Lane\NOTICE OF PROPOSED NEGATIVE DECLARA TION.doc 3 City of Temecula Planning Department Notice of Proposed Negative Declaration . PROJECT: PA04-0490 through 0492 and PA04-0496, Temecula Lane APPLICANT: Temecula Lane LLC LOCATION: Northeast corner of the intersection of Lorna Linda Road and Ternecula Lane in the City of T emecula. DESCRIPTION: The proposed project is the site development and construction of 428 residential units on 36.19 acres of a 47.72 acre site. The remaining acreage is located within the channel area for T emecula Creek and will not be developed as part of this project. The project includes 96 single-farnily units on 15.14 acres, and 96 triplex units (in 32 buildings) and 236. fourplex units (in 59 buildings) on 21.05 acres. The lot sizes for the single farnily detached product will range from 4,000 to 9,000 square feet. The density for the overall project is 11.83 dwelling units per acre. Within the project, the density ranges from 6.3 units per acre for the single family detached product to 17 units per acre for the fourplex units. The proposed project will be accessed via a gated entrance/exit on Ternecula Lane and two gated entrances/exits on Loma Linda Road. The project will require the import of approximately 260,000 cubic yards of fill material to elevate the developable portions of the project out of the 1 OO-year floodplain. This material would be obtained from other sites with excess clean soil within approximately eleven . miles of the site. The City of T emecula intends to adopt a Negative Declaration for the project described above. Based upon the information contained in the attached Initial Environmental Study and pursuant to the requirernents of the California Environrnental Quality Act (CEQA); it has been determined that this project as proposed, revised or mitigated will not have a significant impact upon the environment. As a result, the Planning Commission intends to adopt a Negative Declaration for this project. The Comment Period for this proposed Negative Declaration is August 16, 2005 to September 16,2005. Written comments and responses to this notice should be addressed to the contact person listed below at the following address: City of Temecula, P.O. Box 9033, Temecula, CA 92589-9033. City Hall is located at 43200 Business Park Drive. The public notice of the intent to adopt this Negative Declaration is provided through: (Phase One will be approved administratively; Phase Two will be heard by the Planning Commission) ~ The Local Newspaper. _ Posting the Site. _ Notice to Adjacent Property Owners. . R:\D P\2Q04\04-0496 Temecula Lane\NOTICE OF PROPOSED NEGATIVE DECLARA TJON.doc I If you need additional information or have any questions concerning this project, please contact . Christine Darnko at (951) 694-6400. Prepared b,f) ~J1A Ii j 1;;;;(J~),IYn,l<!tr ~~~ Christine Damko. Associate Planner (Name and Title) . . K\D P\2004\04-0496 Temecul, Lane\NOTICE OF' PROPOSED NEGATIVE DECLARA nON.doc 2 City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 Project Title Lead Agency Name and Address Contact Person and Phone Number Project Location Project Sponsor's Name and Address General Plan Desianation Zoning . Description of Project Environmental Checklist I Temecula Lane (Planninq Application 04-0490 throuqh 0492 and PA04-0496) City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 I Christine Damko (951) 694-6400 The 47.72 acre property (APN 961-010-016 through -021) is located at the northeastern corner of the intersection of Lama Linda Road and Temecula Lane in the City of Temecula, Riverside County, California. The site is located in the area sectioned as Little Temecula Rancho in Township 8 South, Range 2 West SBM as found on the Pechanga-USGS 7.5- minute topoqraphic auadranqle. Temecula Lane LLC Attn: Randy Blanchard 41743 Enterprise Circle North, Suite 207 Temecula, CA 92590 I Professional Office (PO) I Professional Office (PO) . The proposed project is the site development and construction of 428 residential units on 36.19 acres of a 47.72 acre site. The remaining acreage is located within Ihe channel area for Temecula Creek and will not be developed as part of this project. The project includes 96 single-family units on 15.14 acres, 96 triplex units (in 32 buildings) and 236 fourplex units (in 59 buildings) on 21.05 acres. The lot sizes for the single family detached product will range from 4,000 to 9,000 square feet. The density for the overall project is 11.83 dwelling units per acre. Within the project, the density ranges from 6.3 units per acre for the single family detached product to 17 units per acre for the fourplex units'. The proposed project will be accessed via a gated entrance/exit on Temecula Lane and two gated entrances/exits on Loma Linda Road. . . The project includes an internal linear park system with paths that tie into neighborhood pocket parks, tot lots and the pool and' recreation area will run east-west through the approximate middle of the project with several north-south spurs. Open space lots located along the northern and eastern edges of the property where Temecula Creek and a proposed drainage channel will be maintained. A decomposed granite (DG) path is planned to be located within the open space lots east and north of the site and will . connect to the internal linear park in the east and the north as well as into sidewalks along Loma Linda Road. 1 . Surrounding Land Uses and Setting . Other public agencies whose approval is required Use of this Initial Study . The project will also include half width improvements to Loma Linda Road and Temecula Lane, including sidewalk, landscaping and curb and gutter. Loma Linda Road is designed to be 58 feet wide from curb to curb with 10 feet for sidewalk and landscaping on each side for a 78 feet wide right of way. Temecula Lane is designed to be 40 feet wide from curb to curb with 10 feet on each side for sidewalk and landscaping for a 60 feet wide right-of-way. The private, internal road system right of way varies from 29.5 to 60 feet in width. The project will require the import of approximately 260,000 cubic yards of fill material to elevate the developable portions of the project out of the 100-year floodplain. This material would be obtained from other sites with excess clean soil within approximately eleven miles of the site. This is expected to require about 18,600 truck trips (assuming 14 cubic yards per truck and trailer). Lama Linda Road serves as the south boundary of the project site with Temecula Creek located north of the project site. The Temecula Creek floodway is zoned for Conservation (OS-C). The northern portion of the site is designated open space and is located within the Temecula Creek drainage. Adjacent property to the east of the site is zoned Low Medium Density Residential (LM) and property to the west includes residential homes in the Wolf Creek Specific Plan. Pala Community Park is northwest of the site, and Earl Stanley Gardner Middle School is south of the eastern portion of the site. Land north of Temecula Creek is developed or developinQ as Professional Office (PO). State Water Resources Control Board NPDES (National Pollution Discharq.e Elimination System) permit. This initial Study is intended to evaluate the environmental effects and impacts associated with the proposed project. This project is expected to occur in multiple phases. Following the public review and comment period, as least two separate activities will be approved. The first approval will be for grading and haul permits to remove the developable portions of the site from the 100- year floodplain. This approval of these permits will be made by City Staff. This will enable floodplain related site development work to proceed based upon the availability of fill material. The second approval will be for the proposed residential project. The second approval is expected to be made by the City Planninq Commission. 2 Environmental Factors Potentially Affected The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. I Aesthetics I Agriculture Resources -/ I Air Quality -/ i Bioloqical Resources -/ I Cultural Resources -/ I Geology and Soils I Hazards and Hazardous Materials I Hydroloqy and Water Quality I Land Use and Planninq I Mineral Resources -/ I Noise I Population and Housinq I Public Services I Recreation -/ I TransportationfTraffic I Utilities and Service Systems I Mandatory Findinqs of Siqnificance I None Determination (To be completed by the lead agency) On the basis of this initial evaluation: II find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be ~repared. I find that although the proposed project could have a significant effect on the environment, there -/ will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. II find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. . I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant 'effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitiqation measures that are imposed upon the proposed project, nothinq further is reauired. II \^ II A i\I,IY\'O) ""fllW\kf'r-' ~~' R /\\ In.'\ Da-te I - Christine Damko Printed name Temecula Lane For 3 . . . . 1. AESTHETICS. Would the project: a. Issues and SUPPOrting Information Sources I Have a substantiai adverse effect on a scenic vista? Substantially damage scenic resources, including, but not limited to, trees, rock oulcroppings, and historic buildinQs within a state scenic hiQhway? Substantially degrade the existing visual character I or quality of the site and its surroundinQs? Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated No Impact Less Than Significant Impact ../ b. -/ ../ I c. d. ../ Comments: 1.a.: Less than Significant Impact: The proposed project is on vacant land. No scenic vistas have been identified or will be adversely impacted from developing the proposed project. No impacts are expected. l.b. Less than Significant Impact: No major rock outcroppings or historic buildings exist on the project site. The project site is not locat~d on a scenic highway. Removal of trees larger than 6-inch . diameter at base height will be required to be mitigated according to the City's Tree Protection Policy. When the import and placement project is completed, the elevation of the property will be raised, but there will be no facilities to damage any scenic resources. .2. l.c.: Less than Significant Impact: The proposed development will alter the existing visual setting of the property, but this change in physical visual setting is the raising of the site elevation by three to four feet in a manner consistent with the adopted General Plan. This modification does not constitute a substantial degradation of the site visual setting. The Development Code establishes design and landscaping standards which will ensure that the project site is developed in a manner consistent with the City's standards. Based on fulfilling these design standards, project aesthetic impacts are forecast to be less than significant. 1.d. Potentially Significant Unless Mitigation Incorporated: The proposed project may result in additional light and glare that could effect the operation of the Mount Palomar Observatory and wildlife resources in the open space areas along Temecula Creek. In order to reduce these impacts, the project will comply with the requirements of Ordinance 655 and the Urban Wildland Interface criteria from the Multi-Species Habitat Conservation Program. The MSHCP Urban Wildlands Interface states that nighttime lighting shall be directed away from the MSHCP Conservation Area to protect species within the MSHCP Conservation Area from direct night lighting. Shielding shall be incorporated in project designs to ensure ambient lighting in the MSHCP Conservation Area is not increased. To accomplish this, the following mitigation measures will be incorporated into the project. 1. All project-related lighting shall be directed so that no light or glare falls off the property boundary except along Temecula Lane, Loma Linda Road, as well as any trails. Non-security lighting installed by individual homeowners shall not be located in such a manner as to directly illuminate any open space area along Temecula Creek. This requirement shall be incorporated into the CC&R's.. 4 With the implementation of these mitigation measures, the impacts associated with light or glare are expected to be less than significant. . 2. AGRICULTURE RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a. Issues and SupPOrtin~ Information Sources Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- a(jricultural use? Conflict with existing zoning for agricultural use, or a Williamson Act contract? Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-aqricultural use? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact ./ No Impact lb. ./ c. ./ . Comments: 2.a.: Less than Significant Impact: According to Figure 5.2-1 labeled "Agricultural Resources" in the Agricultural Resources portion of the General Plan; the project may be in an area of farmland of local importance. However, the 47 acre site is surrounded by residential development where there are no other immediate properties in the vicinity of the project which have been allocated for farmland use. In addition, this project is zoned Professional Office which can allow for residential use. 2.b.-c.: No Impact The site is not under a Williamson Act contract nor is it zoned for agricultural uses. This property is not considered prime or unique farmland of statewide or local importance as identified by the State Department of Conservation and the City of Temecula General Plan. In addition, the project will not involve changes in the existing environment, which would result in the conversion of farmland to non-agricultural uses. No impact is anticipated as a result of the proposed project. . 5 .3. I a. b. I d. Ie. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: c. Issues and SUDDortinQ Information Sources I Conflict with or obstruct implementation of the applicable air auality plan? Violate any air quality standard or contribute substantially to an existing or projected air quality violation? Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? I Expose sensitive receptors to substantial pollutant '1 concentrations? I Create objectionable odors affecting a substantial I number of people? Potentially Significant Imoact Potentially Significant Unless Mitigation Incoroorated No Impact Less Than Significant Impact ,/ ,/ ,/ ,/ ,/ Comments: . 3.a.: Less than Significant Impact: The proposed project will not conflict or obstruct the implementation of the Air Quality Management Plan for the South Coast Air Basin. Furthermore, the project will comply with the provisions of the Plan. As a result, no adverse impacts are forecast and no mitigation is required. 3.b.-c.: Potentially Significant Unless Mifigation Incorporated: Some short term construction-related air quality impacts are expected to occur as a result of this project. These short term impacts are expected to occur from the import of fill material, onsite grading activities and from the actual construction of the project. The potential air quality impacts of this project were assessed using the Air Quality Management District's URBEMIS 2002 model. The air quality emission forecast was compiled for this project by The Planning Center. According to this emissions forecast, the proposed project can be implemented without causing significant air quality impacts if the recommended mitigation measures are incorporated into the project. The Air Quality Management District's (AQMD) pollutant emission thresholds are shown below. . AQMD POLLUTANT EMISSION THRESHOLDS (tons/quarter) 24.75 2.50 6.75 2.50 6.75 Operational Thresholds (Ibs/day) 550 75 150 55 150 I I I Pollutant Construction Thresholds I Carbon Monoxide (CO) I Reactive Orqanic Carbon (ROC) I Sulfur Oxides (Sax) I Nitroqen Oxides (NOx) I Particulates (PMI0) (Ibs/day) 550 75 150 100 150 6 PROJECTED AIR QUALITY EMISSIONS . Pollutant Reactive Or\=lanic Gases Oxides of Nitroqen Carbon Monoxide Oxides of Sulfur Particulate Matter (PMI0) Emissions from Import and Site Grading Activities 24 Ibs/dav 209 Ibs/dav 1311bs/dav 16 Ibs/dav 146 Ibs/dav AQMD Threshold 75 Ibs/dav 100 Ibs/dav 550 Ibs/dav 150 Ibs/dav 150 Ibs/dav Significant Impact? No No No No No Based on this emission forecast, one pollutant, Oxides of Nitrogen (NOx), would exceed the SCAOMD daily emission threshold. NOx emissions are caused by the combustion process. To reduce NOx emissions below the 100 Ibs/day threshold of significance, the property owner has agreed to limit daily truck trip deliveries to 163 trips and extend the delivery period for the fill material to 114 operating days. With this alteration, the import of clean soil material will generate less than 100 Ibs/day NOx and be below the SCAOMD threshold. To ensure that no air quality impacts occur during project construction, the following mitigation measures shall be required. 1. The property owner shall limit the number of imported soil material truck delivery trips per day to a maximum of 163 truck trips. Equipment on site shall be limited to one dozer; two loaders; and one grader. 2. The contractor shall ensure that all trucks hauling dirt, sand, or soil or other loose material . off site shall be covered as required by California Vehicle Code 23114 during construction activities. 3. All trucks hauling dirt, sand, soil or other loose materials off.site shall be covered or wetted or shall maintain at least two feet of freeboard (i.e., minimum vertical distance between the top of the load and the top of the trailer). 4. Streets shall be swept hourly if visible soil material has been carried onto adjacent public paved roads (reclaimed water shall be used if available). 5. All active sites shall be watered at least twice daily. 6. All grading activities that result in dust generation shall cease during second stage smog alerts and periods of high winds (greater than 25 miles per hour (mph) when dust is being transported to off site locations and cannot be controlled by watering). 7. It is also assumed that none of the construction phases will be conducted at the same time. In other words, each phase will be implemented by itself after the previous phase has been concluded. 8. Prior to any site disturbance, grading or excavation, the contractor will water the area to be disturbed to minimize fugitive dust during the site disturbance activities. 9. During site disturbance, the contractor will treat all imported material, exposed soil areas . and active parts of the construction site, including unpaved on site roads to prevent fugitive dust. These treatments shall include one or more of the following: periodic watering, R:\O P\20Q4\04-0496 Temecula Lane\lnitial Environmental Study.doc 7 application of environmentally-safe soil stabilization materials and/or roll-compaction, as appropriate. The treatment shall be done as often as necessary to minimize fugitive dust. .. The contractor shall ensure that disturbed areas (graded and/or imported deposits) which are temporarily inactive for more than four days shall be monitored weekly and treated as appropriate for dust stabilization. Soil stabilization (watering, roll-compact and environmentally-safe dust control materials) shall be applied to these temporarily inactive areas as necessary to control fugitive dust. If no further grading or excavation is planned for an area, the area should be either landscaped with fast growing grass or should continue to be treated with environmentally-safe dust suppressants, to prevent excessive fugitive dust. 11. Prior to any site disturbance, the contractor will post signs on the site limiting traffic speeds on the project to 15 miles per hour (mph). 12. During periods of high winds (i.e., wind speed sufficient to cause fugitive dust to impact adjacent property, typically about 12-15 mph) all clearing, grading and earth moving operations shall be curtained to the degree necessary to prevent fugitive dust created by onsite activities and operations from being a nuisance or hazard, either off- or onsite. 13. The contractor will require that equipment idling time be minimized during construction activities to prevent unnecessary air pollutant emissions. 14. The number of construction vehicles operating simultaneously on a daily basis shall be limited to the equipment shown on Table 5-3 and construction shall be limited to a maximum of eight hours per day. . To minimize the emission rate per construction vehicle, the developer shall require the use . of new construction vehicles which comply with Tier 2 of the Federal Diesel Standards for the over excavation, grading and site work phases. 16. The contractor will require that construction equipment engines are maintained in good condition and in proper tune as per manufacturer's specification. 17. The developer shall require the use of zero Volatile Organic Compound (VOC) content architectural coatings during the construction of the project to the maximum extent feasible. If each phase is evaluated independently, compliance with the air quality requirements is further documented. MITIGATED PROJECT RELATED CONSTRUCTION EMISSIONS (in pounds per day) Construction Phase CO ROG NOx SOx PM10 lOver Excavation/Re-compaction 52 9 83 7 86 I Import 54 8 78 2 57 I Gradinq 52 9 84 6 86 I Sitework 63 9 73 5 2 Buildinq Construction 111 12 15 0 1 Maximum Emissions from All 111 12 84 7 86 Construction Phases _ AQMD Daily Threshold 550 75 100 150 150 Siqnificant? No No No No No R:\D P\2004\04.0496 Temecula Lane\lnitiat Environmental Study.doc 8 With implementation of the above measures, the proposed project construction activities are not forecast to generate emissions that will exceed the SCAQMD significant thresholds. In addition to construction-related impacts, the development and operation of this project may also effect air quality. . The land use designation established for this site in the City of Temecula General Plan is office/commercial retail. This designation would allow the operation of office and retail structures. As described in the project traffic report, office uses at the project site would generate approximately 15,550 daily vehicle trips. The proposed project with residential units would generate significantly less daily vehicle trips, only 2,850 trips per day. Because the proposed project would result in vehicle trips which are substantially less under residential uses, as compared to office uses, emissions associated with the proposed residential project would likewise be less than that which would occur under the City's current General Plan land use designation, office use. Since most land use generated air quality impacts result from vehicular emissions, a substantial reduction in vehicle trips would reduce project- related air quality effects. As such, the proposed project would not result in emissions which would exceed those that would occur under the office land use designation within the City's General Plan and used in the regional emissions inventory for the AQMP. PROJECT-RELATED OPERATIONAL PHASE EMISSIONS (in pounds per day) Operation Component CO ROG NOx SOx PM10 Stationary Sources (electricity/natural gas 3 21 4 0 0 consumption,landscaoinol I Mobile Sources 266 25 24 0 29 I Total 269 46 28 0 29 I SCAQMD Daily Threshold 550 55 55 150 150 . I Siqnificant? No No No No No Evaluations according to AQMD recommendations need to be conducted to ensure that sensitive receptors will not be exposed to localized concentrations of the criteria pollutant carbon monoxide (CO). High levels of CO are associated with traffic congestion in particular slow moving and idling vehicles. Depending on the existing background concentrations of CO, congested roadways and major intersections have the potential to produce CO hot spots. Therefore projects with sensitive receptors or projects that could negatively impact levels of service (LOS) should utilize the Emfac 2.2 and CALlNE 4 programs to evaluate the effects of vehicle emissions to determine if the project will cause the state 1- hour or 8-hour CO standards to be exceeded, creating a "CO hotspot". An air quality analysis was performed utilizing the Emfac program to determine the emissions factors, and CALlNE 4 program to determine the 1-hour concentration of CO. The 8-hour concentration was determined using the AQMD's persistence factor table in the CEQA Handbook. The CO hot spot analysis took into consideration the local traffic network, and the "worst-case" scenario for wind, temperature, and sensitive receptor locations based on EPA recommendations. None of the locations evaluated were identified as being exposed to significant CO concentrations. With no significant potential exposure to toxic substances or to CO "Hotspots", the proposed projecl is not forecast to expose sensitive receptors to substantial pollutant concentrations that would be considered significant and adverse or exceed air quality significance thresholds with the inclusion of the identified mitigation measures. . R:\D P\2004\04-0496 Temecula Lane\lnitial Environmental Study.doc 9 3.d.: Less than Significant Impact: Sensitive receptors include the very young, elderly, and persons suffering from illness are normally associated with locations such as schools, daycare facilities. Anvalescent care facilities, medical facilities, and residential areas. The closest potentially sensitive .ceptors include adjacent residences and Earl Stanley Gardner Middle School. When completed the project will not generate pollutant concentrations that will effect adjacent sensitive land uses because this is a residential project, which has little or no potential to generate long-term toxic emissions. Diesel emissions during the short-term construction activities are too low to pose an acute significant toxic air contaminant health hazard and they will not occur over the long-term. As a result, no significant impacts are expected with this project. 3.e.: Less than Significant Impact: During construction the proposed project will contain operations that will produce odors associated with equipment and materials. The site is located within the vicinity of sensitive receptors; however, the odors associated with this type project are normally not considered so offensive as to cause sensitive receptors to complain. Diesel fuel combustion odors from construction equipment, operation equipment, and new asphalt paving fall into this category. Both based on the short-term of the emissions and the characteristics of these emissions, no significant odor impacts are forecast to result from implementing the proposed project. . . R:\O P\2004\04-0496 Temecula Lane\lnitial Environmental Study.doc 10 4. BIOLOGICAL RESOURCES. Would the project? . Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and SUDportino Information Sources Impact Incorporated Impact Impact a. Have a substantial adverse effect, either directly ../ or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, I or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b. Have a substantial adverse effect on any riparian ../ habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c. Have a substantial adverse effect of federally ./ protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d. Interfere substantially with the movement of any ../ native resident or migratory fish or wildlife species or with established native resident or . migratory wildlife corridors, or impede the use of native wildlife nursei"\l sites? e. Conflict with any local policies or ordinances ./ protecting biological resources, such as a tree ~reservation policy or ordinance? f. Conflict with the provisions of an adopted Habitat ./ Conservation Plan, Natural Community Conservation Plan, or other approved local, re~ional, or state habitat conservation plan? Comments: 4. a: Less than significant impact: The property was an active horse ranch, with the majority of the site devoted to corrals, livestock, outbuildings, equipment storage areas, partially paved and dirt roads. and several residences. The remainder of the property, along the eastern and northern edges, contains a mix of disturbed open space that has been recently cleared or is covered with ruderal, largely nonnative vegetation dominated by short-pod mustard and a variety of annual grasses and forbs. Overall, the property contains no native habitat, other than small remnants of scrub along the northern boundary site. The project site is relatively flat, ranging from approximately 1,010 feet in elevation to 1,030 feet. Where exposed, soils consist of sandy loams. Site disturbances include on and off road vehicle and farm equipment use, equipment storage, residential buildings, roads and drives, non-native ornamental vegetation and other disturbances typical of open space within residential areas. According to the Biological Opportunities and Constraints Analysis (BOCA) dated October 24, 2003, prepared by Thomas Olsen Associates, Inc. and on November 16, 2004 a reconnaissance level field survey and a literature review was completed for the subject property. In addition, a search of the . R:\D P\2004\04-0496 Temecula Lane\lnitial Environmental Study.doc 11 Department of Fish and Game (CDFG) Natural Diversity Database (NDDB) found 62 sensitive species and 6 habitat types recorded in the vicinity of the subject property. Of those species, 28 are plants, 13 are birds, 12 are amphibians/reptiles, 5 are mammals, 3 are invertebrates, and 1 is a fish. _f the 28 sensitive plant species identified in the NSBD search, 9 are federally listed as endangered or threatened. None of the 28 species identified in the literature search were observed during the survey visits. Of the 13 sensitive bird species identified in the NDDB search, 3 are federally listed as threatened. Cooper's hawk, a sensitive bird species did not come up in the NDDB search as having been recorded in the project vicinity. However, a single Cooper's hawk was observed foraging along Temecula Creek immediately north of the project site. Cooper's Hawks are not listed under the ESA. Of the 12 sensitive amphibian and reptile species identified, one species is federally listed as endangered, the Arroyo Toad. The project site does not contain habitat suitable to support the species, potentially suitable habitat may occur offsite to the north along Temecula Creek. There is only one federally listed mammal as endangered, and the sensitive fish species was not listed under the federal status. All three sensitive invertebrate species identified are federally listed either as threatened or endangered. None of these species were observed onsite. Of the 6 habitat types identified in the NDDB Search (southern coast live oak riparian forest, southern cottonwood willow riparian forest, southern interior basalt flow vernal pool, southern sycamore alder riparian woodland, southern willow scrub and valley needlegrass, and valley needlegrass grassland) none occur on the subject property. 4.b-d: Less than Significant Impact: On January 27, 2005 regulatory specialists of Glenn Lukos Associates, Inc. (GLA) examined the project site to determine the limits of Army Corps of Engineers jurisdiction pursuant to Section 404 of the Clean Water Act, and DFG jurisdiction pursuant to Division 2.Chapter 6, Section 1600 of the Fish and Game Code. The project site is located just south of Ternecula Creek, a Corps jurisdictional intermittent stream; however the grading .plan (attached) eicates that no impacts to Corps jurisdictional waters will occur as a result of this project. There is a narrow man-made drainage along the eastern site boundary presumably created in association with the housing development, which lies on a higher elevation immediately east of the project site. Such isolated man-induced drainages are not considered jurisdictional waters. Portions of the property, which occur adjacent to Temecula Creek to the north, contain areas that may represent jurisdictional waters of the US. According to the habitat assessment, some random riparian vegetation does occur on the project site near the T emecula Creek. This portion of the site will be permanently preserved as open space. Since no Corps jurisdictional waters exist onsite and no impact will occur, no Corps Section 404 Permit is required for the project. In addition, a CDFG jurisdictional intermittent stream is located near the Temecula Creek. Since no CDFG exists on site and no impact will occur, no CDFG Section 1602 Agreement is required for this project. Therefore, development of the proposed project will not adversely impact such resources. In addition, compliance with the provisions of the Multi-Species Habitat Conservation Plan and related implementation program will further address these issues. This information is presented in the comment section for Item 4.f. 4.e: Less than significant Impact: There are native and non-native tree species on the site that may require acquisition of a permit for removal. The developer is required to obtain such a perniit and no mitigation is required to ensure that the permit will be obtained prior to removal of any trees on the property. . Less than significant Impact: Riverside County adopted the Western Riverside County Multi- Species Habitat Conservation Plan (MSHCP) on June 17, 2003. The USFWS Biological Opinion in R:\D P\2004\Q4-0496 Temecula Lane\lnitial Environmental Study.doc 12 favor of adopting the MSHCP was released on June 22, 2004. The City of Temecula is a signatory to the MSHCP, and therefore, the project is required to comply with the MSHCP. Section 6.0 of the MSHCP identifies the local implementation measures. Section 6.1.6 details the County and Cities . Obligations and corresponds with Section 13.2 of the Biological Opinion issued by the US Fish and Wildlife Service (USFWS). The program requires the City to undertake the following steps that the City to insure compliance with the requirements of the MSHCP. . Payment of local development mitigation fees and other relevant fees (Section 8.5); . Comply with the HANS processor equivalent process to satisfy local acquisition obligation; . Comply with the survey requirements (Section 6.3.2); . Comply with the policies of the Riparian/Riverine Areas and Vernal Pools (Section 6.1.2); . Comply with the policies of the Protection of Narrow Endemic Plant Species (Section 6.1.3); . Comply with the policies of the UrbanfWildlands Interface (Section 6.1.4); and . Comply with the Best Management Practices (Section 7.0; Appendix C) According to the Biological Habitat Assessment for the site, all five parcels are identified in the MSHCP as occurring in Criteria Cell 7446. The MSHCP indicates that 10-20% of the northern portion of the cell should be conserved and connected with adjacent cells to the north and west to form Proposed Constrained Linkage 14. The open space is supposed to located along the creek bed and constitutes connection to the existing creek wildlife corridor that extends upstream and downstream. The natural open space is located such that it can connect with land in cells to the north and west of the sile. As a result of the HANS process, a portion of the site along Temecula Creek was identified for preservation. The natural open space in Temecula Creek bed is approximately 6.56 acres. In addition, the 0.74 acres between the development and the decomposed Granite (DG) path will be hydroseeded with a nonirrigated native seed mixture appropriate to the Temecula Creek area. If the non irrigated seed mix on the development side of the DG path is included, the total natural open space . area would then be 7.3 acres. This would constitute approximately 15.3% of the project site along Temecula Creek being set aside for open space purposes. The City will submit a consistency analysis to the Riverside Conservation Authority (RCA) indicating that the City finds the project consistent with the criteria area requirements. Thomas Olsen Associates indicates that there is no requirement for surveying of narrow endemic plant species on the project site. Burrowing owl surveys were required and mitigation measures are addressed under item (a) of this section. The Olsen report also found no vernal pools occurring on the project site. The site is adjacent to Temecula Creek and has drainage on site and thus must comply with the Riparian/Riverine Areas. The Riverside County Integrated Plan Conservation Summary Report Generator for the five parcels indicates that the site should be assessed for burrowing owls. The project is located within the Riverside County Habitat Conservation Plan for Stephen's kangaroo rat. A mandatory per acre development fee will be assessed for the project. The MSHCP Urban Wildlands Interface Policy establishes performance standards to minimize the impact of developed land adjacent to conservation areas. The following mitigation measure is required to insure compliance with the MSHCP regarding entry into the area to be preserved as open space: 1. Exclusion fencing (orange snow screen) will be installed along the construction limits along the north of the property to prevent construction activities from infringing on the Temecula Creek Conservation Area. Below lists the conditions that are required to address the management activities contained within Section 5.0 of the Final MSHCP: . As determined through the Habitat Evaluation and Acquisition and Negotiation Strategy for PA 40-0490, 91 & 92, and 96 established by the Western Riverside County Multiple Species Habitat Conservation R:\D P\2QQ4\Q4-0496 Temecula Lane\lnitial Environmental Study.doc 13 Plan, a total of 16.62 acres shall be offered for dedication to the Western Riverside County Regional Conservation Authority (RCA) , as the City of Temecula directs or authorizes, and accepted by the RCA prior to the issuance of any grading or building permit, whichever occurs first. This does not preclude .rlier conveyance of the property at the discretion of the property owner. Prior to acceptance of the er of dedication by the RCA, the applicant shall submit a preliminary title report and Phase 1 Environmental Site Assessment for the dedicated acreage, to the RCA for its review and approval. The RCA shall have sole and absolute discretion with respect to the approval of the information contained in the preliminary title report and Phase 1 Environmental Site Assessment. Title to the dedicated acreage shall be free and clear of all liens, encumbrances, easements, leases (recorded and unrecorded) and taxes except those encumbrances and easements, which are in the sole discretion of the RCA are acceptable. Easements allowing for the management of fuel modification areas or detention basins shall not be accepted. Pursuant to Objective 6 of the Species Account for the burrowing owl included in the Western Riverside County Multiple Species Habitat Conservation Plan, within 30 days prior to the issuance of any grading permit, a pre-construction presence/absence survey for the burrowing owl shall be conduced by a qualified biologist and the results of said survey shall be provided in writing to the City's MSHCP Coordinator. If it is determined that the project site is occupied by the burrowing owl, take of "active" nests shall be avoided. However, when the burrowing owl is present, active relocation outside of the nesting season, (March 1 through August 15) by a qualified biologist shall be required. Occupation of this species on the project site may result in the need to revise the grading plans so that the take of "active" nests is avoided or alternatively, a grading permit may be issued once the species had been properly relocated. Prior to grading permit issuance, development of the project shall be consistent with the area of development designated on the attached Grading Plan. enufactured slopes associated with the proposed site development shall not extend into MSHCP nservation Area. The final grading plan shall be submitted to the City's MSHCP coordinator for approval. Brush management to reduce fuel loads to protect urban uses (fuel modification zones) will occur only in the boundaries of the development. Fuel modification zones will not encroach into the Conservation Area. Prior to the issuance of a grading permit, a final landscaping plan shall be submitted to the Planning Department for review and approval. The plant pallet shall avoid the list of invasive plant species identified in the MSHCP as those species to be avoided adjacent to the MSHCP Conservation Area. (MSHCP Final in Volume I Section 6 in Table 6.2 on page 6-44 through 6-46). Prior to recordation of a final map or the issuance of a grading permit, a lighting plan shall be submitted to the Planning Department for review and approval. Night lighting shall be directed away from the MSHCP Conservation Area. Shielding shall be incorporated in project designs to ensure ambient lighting in the MSHCP Conservation Area is not increased. These requirements shall be in the lighting improvement plan submitted to the Building and Safety Department. Prior to the issuance of the first Certificate of Occupancy, the applicant shall prepare and submit a written report to the City's MSHCP Coordinator demonstrating compliance with the approved "Barrier Plan" set forth in the attached Open Space Plan. Inspection or other monitoring may be required to ensure such compliance. .or to the issuance of issuance of the first Certificate of Occupancy, the landscaping in accordance . the approved MSHCP landscaping plan shall be installed. R:\D P\2004\04-0496 Temecula Lane\lnitial Environmental Study.doc 14 5. CULTURAL RESOURCES. Would the project: c. Issues and SUDoortinQ Information Sources I Cause a substantial adverse change in the significance of I a historical resource as defined in Section 15064.5? I Cause a substantial adverse change in the significance of I an archaeoloqical resource pursuant to Section 15064.5? I Directly or indirectly destroy a unique paleontological I resource or site or uniaue qeoloqic feature? I Disturb any human remains, including those interred I outside of formal cemeteries? Potentially Significant lmoacl Potentially Significant Unless Mitigation Incarcorated Less Than Significant Imoacl -/ . , a. lb. No tmoact -/ -/ d. -/ Comments: 5.a-d.: Less Than Significant Impact: The City of Temecula General Plan identifies the project site as a sensitive archaeological resource area and area of high paleontological sensitivity (Figure 5-6 and 5- 7, respectively). Jean A. Keller, Ph.D. submitted a "Phase 1 Cultural Resources Assessment", dated November 2004, which reviewed and summarized previous cultural resources investigations for the project area. The assessment commenced with a review of maps, site records, and reports at the California Archaeological Inventory and California Historical Resources Inforrnation System/Eastern Information Center at the University of California, Riverside. Then a field survey was conducted. With the exception of the Temecula Creek, virtually no native vegetation remains within the boundaries of the subject property due the establishment of three working horse ranches. The subject property is situated within a well-studied area, with nine cultural resource surveys having been conducted within a . one mile radius, two which covered all land within that radius. One archaeological site of prehistoric origin (CA-RIV-6645) and two sites of historical origin (CA-RIV-3410-H, CA-RIV-3411-H) have been recorded within the study area. Reported cultural resources include midden, a hearth, pottery sherds, flaked stone tools, ground stone tools, bone, and historical structures with associated features. The literature found no direct references to the subject property. Cultural resources of either prehistoric or historical origin were not observed within the site boundaries. However, Figure 5-7 of the City's General Plan includes the eastern portion of the site as a paleontological area of high sensitivity. Due to the potential for such resources to occur on the property, the following mitigation measures will be implemented: 1. If any cultural resources are exposed during initial grading and ground disturbance activities the City will be contacted, and a qualified archaeologist will evaluate the resources. If discovered resources merit long-term consideration, adequate funding will be provided to collect, curate and report these resources in accordance with standard archaeological management requirements. The Pechanga Band of Luiseno Indians shall be contacted to develop a management plan for any resources that may be unearthed, to afford the Band an opportunity to monitor ground-disturbing activities and to participate in the decisions regarding collection and curation of any such resources. Pechanga monitors shall be . present during any grading of previously undisturbed areas, regardless of grading depth. The applicant shall enter into an agreement with the Pechanga Band of Luiseno Indians to this end prior to issuance of a grading permit. . R:\D P\20Q4\04-0496 Temecula Lane\lnitial Environmental Study.doc 15 . 2. Any import and spreading activities that result in excavation below the original ground surface shall be monitored by a qualified paleontological monitor. The monitor will have the 'authority to stop and redirect grading activities to evaluate the significance of any paleontological resources exposed during the grading activity within the site. If significant resources are encountered, adequate funding will be provided by the developer to collect, curate and report on these resources and a final report of findings shall be prepared by the paleontologist for submission to the City of Temecula and any specimens will be deposited with the County Museum repository fossil collection. The report shall describe parcel geology/stratigraphy, summarize field and laboratory methods used, include a faunal list and an inventory of curated/catalogued fossil specimens, evaluate the scientific importance of the specimens and discuss the relationship of any newly recorded fossil site in the parcel to relevant fossil sites previously recorded from other areas. If resources are encountered, the report shall be submitted to the City within 60 days of the completion of the grading/monitoring of the site. 3. If any human remains are encountered during initial grading activities, all ground disturbing activities in the vicinity of the discovery will be terminated immediately and the County Coroner's office will be contacted to manage such remains. . . R:\D P\2004\Q4-0496 Temecula Lane\lnitial Environmental Study.doc 16 6. GEOLOGY AND SOILS. Would the project: a. Issues and SUDDOrtinQ Information Sources Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: L Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geoloqy Special Publication 42. iL I Stronq seismic qround shakinq? iiLI Seism'ic-related ground failure, including liquefaction? iv. I Landslides? I Result in substantial soil erosion or the loss of topsoil? Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, Iiauefaction or collapse? Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creatinG substantial risks to life or property? Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated . b. c. d. e. Comments: less Than Significant Imoact No Impact -/ -/ -/ .,.. .,.. .,.. .,.. . .,.. 6.a.i-iii: Potentially Significant Unless Mitigation Incorporated: The northeast corner of the site is within an Alquist-Priolo Earthquake Fault Zone according to the ENGEN Corporation geotechnical engineering study dated May 28, 2003. The Geocon Geotechnical and Fault Investigation Report dated November 7, 2003 found that no active faulting appears to be present on the site. The report determines that surface rupture due to active faulting is not likely based upon literature review and fault trench excavations. However, as an existing Rancho California water line limited excavations along the eastern property boundary, a building setback zone is recommended along the eastern property boundary. The incorporation of building setbacks are considered sufficient to reduce impacts to a less than significant level. As a result, the following mitigation measure implements this recommendation and is sufficient to address these impacts. 1. No structures will be constructed within the building setback zone identified for the site in the Geocon Geotechnical Fault Investigation Report, dated November 7, 2003. R\D P\2004\04-0496 Temecula lane\lnitial Environmental Study.doc 17 . A review of the City's Subsidence/Liquefaction Hazards in the General Plan (Figure 7-2) and the geotechnical report prepared by EnGEN Corporation indicate that the project site is located within a zone of potential subsidence or liquefaction. The subsequent Geocon report indicates that soils on the ee have a generally very low to low in expansion potential, with localized areas of highly plastic clays. oundwater was encountered at depths of approximately 15 to 23 feet, and Geocon estimates that seasonal groundwater may be as shallow as 10 feet below the natural ground and may be encountered during remedial grading. The following mitigation measure is will be implemented to control potential liquefaction hazards. 2. Materials with an expansion potential greater than low will be kept at least 3 feet below proposed finish grade elevations. Implementation of this mitigation measure is considered sufficient to reduce potential impacts from liquefaction to a less than significant level. 6.a.iv: No Impact There is a low potential for earthquake induced landslides or rockfalls on the project site because the site is essentially flat and is not adjacent to a hill or ridge. As a result, no impacts or mitigation is required for landslides or rockfalls. 6.b.: Less than Significant Impact: The over-excavation and development of the project site will expose it to potential erosion and downstream sedimentation. The General Plan requires mitigation for projects to control erosion. Further, the state-wide NPDES program requires every project with ground disturbance greater than five acres to implement a Storm Water Pollution Prevention Plan (SWPPP) during project construction and operation. Best Management Practices (BMPs) are identified in the SWPPP to control erosion on a site and any sedimentation generated by disturbing the site for development. Mitigation is required to control potential erosion and sedimentation. The following mitigation measure will be implemented: . The SWPPP prepared for this project will implement BMPs identified in the SWPPP prepared for this project by RBF Consulting. The required performance standard is to minimize erosion on the site in accordance with the County Drainage Area Management Plan (DAMP) and to contain 80% of eroded sediment on the project site. 6.c.-d.: Less than Significant Impact: Trash and undocumented fill occur on the site and are not considered suitable to provide structural support in their present condition. The Geocon report indicates that undocumented fill and alluvium will be removed to a depth of at least 8 feet below existing or finished grade, whichever is deeper, to mitigate possible soil liquefaction and to reduce expected differential settlement to within generally acceptable levels. The City will .require the following performance standard. 4. The Geotechnical survey for the site shall identify design management requirements to meet the following performance standard: Humans and structures shall be protected from hazards that would threaten human life and safety or the soundness of the structures for continuous habitation. 6.e.: No Impact: The project site will be served by a sewer collection system owned by Eastern Municipal Water District. . R:\D P\2004\04-0496 Temecula Lane\lnitial Environmental Study.doc 18 7. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a. b. c. d. e. f. g. h. Issues and SupoortinQ Infonnation Sources Create a significant hazard to the public or the environment through the routine transportation, use, or disposal of hazardous materials? Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving Ihe release of hazardous materials into the environment? Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or acutely hazardous materials, substances, or waste within one"quarter mile of an existing or I?roposed school? Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the proiect area? For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? Impair implementation of or physically interfere with an adopted emergency response plan or emerqency evacuation plan? Expose people or structures to a significant risk or loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Comments: . Potentially Significant Imoact Potentially Significant Unless Mitigation Incaroorated No Imoact Less Than Significant Imoact .,.. .,.. .,.. .,.. .,.. . .,.. .,.. .,.. 7. a.: Less than Significant Impact The proposed project will use existing Lama Linda Road as the ingress and egress point. The proposed project consists of transporting clean fill dirt to the site and filling the property out of the flood zone. The proposed project does not propose the use or manufacture of hazardous materials or produce hazardous wastes to comply with existing federal, State, and County Regulations. Therefore, there will be no significant hazard to the public or the environment from the routine transportation, use, or disposal of hazardous materials. R:\D P\2004\04-0496 Temecula Lane\lnitial Environmental Study.doc 19 . 7. b.: Less Than Significant Impact: The project proposes to construct single family homes and multi-family units totaling to 338 residential living areas. The project will also propose a parcel map that will subdivide the property into 98 legal parcels. It is not anticipated that the project would create a &'ificant hazard to the public or the environment through reasonably foreseeable upset and accident .ditions involving the release of hazardous materials into the environment. Therefore, less than significant impacts are anticipated as a result of this project. 7. c.: Less than Significant Impact: A school is located immediately south of the eastern portion of the property across Loma Linda Road. The proposed import and placement of soil on the property use does not include any activities or uses that would pose a potential health hazard to the local population. 7. d.: Less than Significant Impact: Review of available data (site appearance, USGS map, California Department of Toxic Substance Control's (DTSC) Hazardous Waste and Substances Site List (Cortese l.ist), The Leaking Underground Storage Tank Information System (LUSTIS) and the US Environmental Protection Agency (EPA) Enviromapper indicates no past uses that may have involved hazardous materials. The DTSC Cortese List does not include any sites within the City of Temecula. The US EPA Enviromapper identifies three sites within one mile of the project site that handle hazardous wastes. Two sites are gasoline stations and the third is a home improvement store. LUSTIS identifies one leaking underground fuel tank (LUFT) within one mile of the proposed project site. The following site information is that found in LUSTIS. Chevron #204029 at 31669 State Route 79 in is identified as a LUFT site. A gasoline leak impacted soil in 2001 at this site. The site is about 0.5 miles northeast of the project site. No further information regarding remediation or recent action at this site is available on LUSTIS. .ed upon the available data and the historical land use, there is no evidence to support that ardous wastes would be present on the site. Less than significant impacts are anticipated. 7. e-f.: No Impact: The project site is not located within an airport land use plan or within two miles of a public or private airstrip according to Figure 5.9-4 in the Land Use Element of the General Plan. No impact upon airport uses will result from this proposal. 7. g.: No Impact: The proposed project is not located in an area and is not a portion of an emergency response or evacuation plan. Therefore the project would not impair the implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. No impact is anticipated as a result of the proposed project. 7. h.: No Impact: The proposed project is not located in or near a wildland area that would be subject to fire hazards. The location of the proposed project would not expose people or structures to a significant risk or loss, injury or death involving wildland fires. No impact is anticipated as a result of this project. . R\D P\2004\04-0496 Temecula Lane\lnitial Environmental Study.doc 20 8. HYDROLOGY AND WATER QUALITY. Would the project: . Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Impact Issues and SuooortinQ Infonnation Sources Imoad Incoroorated Imoact a. Violate any water quality standards or waste discharge requirements or otherwise substantially ,/ degrade water quality? b. Substantially deplete groundwater supplies or ,/ interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been qrantedl? c. Substantially alter the existing drainage pattern of ,/ the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d. Substantially alter the existing drainage pattern of ,/ the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off- . site? e. Create or contribute runoff water which would ,/ exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? If. I Require the preparation of a Water Quality ,/ Management Plan? g. Place housing within a 1 DO-year flood hazard area ,/ as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation maJ}? h. Place within a 100-year flood hazard area ,/ structures which would impede or redirect flood flows? i. Expose people or structures to a significant risk of ,/ loss, injury or death involving flooding, including flOOding as a result of the failure of a levee or dam? I j. I Inundation by seiche, tsunami, or mudflow? ,/ Comment: 8.a.: Less than Significant Impact: The proposed project would permit development of 428 single- and multi-family residential dwelling units and associated infrastructure. This type of development typically generates domestic and/or municipal wastewater that does not require pretreatment or waste . discharge requirements. No water quality standards are forecast to be violated by implementing the proposed project which will deliver its wastewater flows to the regional wastewater plant. Wastewater R:\D P\2004\04-Q496 Temecula Lane\lnitial Environmental Study.doc 21 will be delivered to the regional treatment plant for treatment under waste discharge requirements established by the San Diego Regional Water Quality Control Board. During construction and occupancy, BMPs will be implemented which will control storm water runoff pollution to a level of enSignificance. 8.b.: Less than Significant Impact Geocon encountered groundwater at depths of approximately 15 to 23 feet during soil borings. Geocon estimates that seasonal groundwater may be as shallow as 10 feet below the natural ground surface and may be encountered during remedial grading. To mitigate potential impacts to groundwater, the following mitigation is required. 1 In the unlikely event that groundwater is encountered during primary grading/excavation activities, the developer shall require any groundwater pumped from the grading site to be properly treated before being released into Temecula Creek. Proper treatment will include removal of all man-made contaminants (such as petroleum products) in conformance with the Regional Board's current discharge standards and reduction of sediment in the groundwater by 80% prior to release. The proposed project does not include any extraction of groundwater, s.o. no adverse direct impact can result from implementing the proposed project. The GPEIR addresses water demand from development in the City of Temecula. The GPEIR concludes that cumulative water demand within the City can be met by the City's two purveyors without having a significant adverse impact on the environment, including depletion of the areas groundwater supplies. This is verified by the Rancho California Water District's Urban Water Master Plan which defines the resources available to the District to meet future cumulative demand within its service area. The proposed development is consistent with the General Plan designation for the property and thus, is considered consistent with the GPEIR. Therefore, the proposed project will not contribute to a significant cumulative, indirect adverse impact on the area groundwater aquifers. In addition, some water will be used for dust control during the ~ding process. The property owner has indicated that recycled water will be used for construction "rposes if available. Regardless, the volume of water required to control dust is forecast to be about two acre-feet over the construction period (about 5,000 gallons per day for 132 days) and this volume of demand is not considered a significant and adverse impact on water resources. No significant impacts are anticipated. 8. c.: Less than Significant Impact:The project site presently drains in a northerly direction into Temecula Creek and ultimately the Santa Margarita River. Equipment will distribute the imported soil material on the site in a manner that will preserve the existing direction of surface runoff to Temecula Creek, only with the addition of best management practices to ensure that the site drainage does not significantly degrade water quality. Thus, through the implementation of the project SWPPP, erosion and siltation issues are controlled to a less than significant impact level and this project will not result in substantial erosion or siltation on- or off-site. 8.d-f.: Less than Significant Impact The proposed project would increase runoff as a result of increasing the impervious surface on the project site. The Storm Water Management Plan for the project indicates that 85% of the site will be impervious after construction as opposed to the 5% that is impervious under existing conditions. The City imposes standard mitigation to detain surface runoff on the property to ensure that the maximum runoff volume from the site is not significantly increased. The project will not violate any water quality standards or waste discharge requirements established by the State of California. However, the project is required to prepare a Water Quality Management Plan (WQMP) pursuant to the Municipal Separate Storm-Sewer permit (MS4 permit) issued by the Regional Water Quality Control Board. . R:\D P\2004\04-0496 Temecula Lane\lnitial Environmental Study.doc 22 A drainage evaluation has been developed that estimated the surface drainage from the site utilizing the Riverside County Flood Control & Water Conservation District's Hydrology Manual. Existing 10- year and 100 year flows from the site are approximately 81 cubic feet per second (cfs) and 128 cfs, respectively. After site construction, 1 O-year and 100 year flows from the site are expected to increase . to 91 cfs and 140 cfs. As noted above, flows will continue to be directed into Temecula Creek. The drainage analysis by Mr. Frank Gerard concluded that discharges from this project will have an insignificant impact on Temecula Creek due to the large differences in the times of concentration and that detention is not necessary. The project includes three water quality basins to be located along the northern edge of the developed area. The basins will serve to collect runoff from the project site and allow percolation that will recharge the groundwater basin and reduce potential water quality impacts on Temecula Creek from the site. Currently, flows that originate on the site are discharged directly into Temecula Creek with no treatment. The required water quality volumes for the three proposed basins, is 0.5 acre-feet (ac-ft) for the eastern basin, 0.2 ac-ft for the central basin and 0.6 ac-ft for the western basin. Based upon the information presented above, no significant adverse impact to either downstream flows or water quality in Temecula Creek is forecast to affect properties downstream of the site from developing the project as proposed. 8.g-h.: Less than Significant Impact Under existing conditions, the majority of the site is within the 100-year floodplain. The map shows that the proposed import of about 260,000 cubic yards of soil material to the site will elevate the project site by about three to four feet, which is above the 100-year floodplain. No buildings or structures will be located within the 100-year floodplain as a result of implementing this project. No significant flood hazards are expected to occur from developing the project site as proposed. West Consulting, Inc produced a map dated November 4, 2004 (see Figure 5) that shows the 100-year flOOd plain boundaries if the project is approved as proposed. No significant flood hazards are expected to occur from developing the project site as proposed. The letter . from the Federal Emergency Management Agency (FEMA) verifying the data in Figure 5 is provided as Appendix 1 to this document. 8. L: Less than Significant Impact According to Figure 7-4 of the City's General Plan, the project site is located within a dam inundation flood hazard area downstream from Vail Lake. Rupture of the dam and release of flows could cause loss of life and property. The Office of Emergency Services is responsible for reviewing population control and evacuation procedures in areas designated as potential for loss of life in the event of a dam failure. The City's General Pian Public Safety Element Section IV. Implementation Programs C. Flood Hazards includes the following relevant items (#2 is not relevant. ) 1. Development proposals for projects within the 100-year flood plain shall be reviewed for consistency with Federal Emergency Management Agency requirements. 2. Develop a Dam Inundation Evacuation Plan as part of the Emergency Response Plan. 3. Coordinate planning projections with the Office of Emergency Services to ensure that Dam Safety Plans reflect development in the community. The City has implemented a multi-hazard functional plan pursuant to the California Emergency Services Act. The proposed project does not contain critical or essential facilities. No mitigation is required. 8. j.: No Impact: Due to the project area's distance from the ocean and elevation, there is no potential for a tsunami. The project area is not located near a large surface water body and there is no potential . for inundation by seiche or mudflow. R:\D P\2004\04-0496 Temecula Lane\lnitial Environmental Study.doc 23 9. LAND USE AND PLANNING. Would the project: I a. b. Issues and SUDDOrtinq Information Sources Physically divide an established community? Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? Conflict with any applicable habitat conservation plan or natural community conservation plan? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact -/ -/ No Impact I c. -/ Comments: 9. a.: Less than Significant Impact The construction and occupancy of 428 residential units on this 47.72-acre site is consistent with existing and proposed surrounding residential uses. The units will be constructed as 96 single- family units on 20.4 acres, 96 triplex units (32 buildings) on 9.51-acres and 236 fourplex units (59 buildings) on 16.67-acres. The single-family units will be located adjacent to the existing single family homes east of the site. The type of project proposed. the location of the project and the vacant state of much of the land south and west of the site eliminate any possibility of physically dividing an established community. .b.: Less than Significant Impact: The project site is zoned for Professional Office (PO). The City of mecula Development Code allows affordable housing to be located on land zoned PO as a conditional use (Section 17.08.030). Section 17.06.050 establishes the special use standards and regulations that allow for the increase in the maximum residential density beyond the target density but within the maximum density range for the land use. State law requires that if a developer allocates at least 20% of new residential units for lower-income households, 10% of units for very low-income households or 50% of the units for senior citizens, then the City must either grant a density bonus of 25% in addition to one regulatory concession or provide financially equivalent incentives. The Affordable Housing Development section of the Housing Element indicates that the City offers density bonuses to builders who meet the state requirements. The project is proposing to allocate 20% of new residential units for lower-income households. To do this, the project will enter into a recorded covenant with the City to ensure the continued affordability of bonus units. Therefore, the proposed project has no potential to conflict with any agency plans or policies that have been adopted in order to avoid or mitigate an environmental effect. 9. c.: Less than Significant Impact: The project site is located within a criteria cell of the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) to which the City of Temecula is a signatory. As such the project must show that it is consistent with the MSHCP requirements for the cell and corridor within which it is located. Additionally, the project must comply with the Riparian Policy (Section 6.1.2), the Narrow Endemics Policy (Section 6.1.3) and the Urban Wildlands Interface Policy (Section 6.1.4). The project site is also located within the Riverside County Habitat Conservation Plan for Stephen's kangaroo rat, and therefore, a mandatory per acreage development fee will be assessed for the project. Please refer to the Biological Section for a full discussion of this item and details of the mitigation measures required. . R:\D P\2004\04.0496 Temecula Lane\lnitial Environmental Study.doc 24 10. MINERAL RESOURCES. Would the project: Issues and Sl!onortin.o Information Sources a. Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b. Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local qeneral plan, specific plan or other land use plan? Potentially Significant Imo3ct Comments: Potentially Significant Unless Mitigation Incaroorated Less Than Significant Imoact 10. a.-b.: No Impact According to the California Geological Survey, no known mineral resources exist in Temecula. Development pursuant to the General Plan will not result in the loss of a known mineral resource. No impact is anticipated as a result of the proposed project. R:\D P\2004\04~0496 Temecula Lane\lnitial Environmental Study.doc 25 e No lmoacl ./ ./ . . a. b. c. d. e. , NOISE. Would the project result in: Issues and Supportinq Information Sources . Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Exposure of persons to or generation of excessive groundborne vibration or ground borne noise levels? A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Comments: Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated No Impact Less Than Significant Impact -/ -/ -/ -/ -/ -/ 11.a.: Less than Significant Impact with Mitigation: According to the Noise Study prepared by The Planning Center dated March 17, 2005, the proposed project contains one stage of noise generation when the soil is imported and spread (distributed) on the project property. The proposed project is not forecast to generate severe noise levels over the long-term. The project will create some noise levels over that currently emanating from the vacant land. However, those noises are not anticipated to create a substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project. Since this project does not involve any pile driving or other severe noise generating activities, this project is not forecast to generate severe noise levels that would impact the nearby school or residential noise receptors. In general, the trucks and earth-moving sources are noisiest with equipment noise ranging up to about 90 dBA at 50 feet from the source. Noise emissions tend to be more associated with periodic events under full load rather than continuous noise exposure. Spherically radiating point sources of noise emissions are atmospherically attenuated by a factor of 6 dB per doubling of distance, or about 20 dB in 500' of propagation. The loudest earth-moving noise sources will therefore sometimes be temporarily detectable above the local background beyond 1,000 feet from the noise source. An extensive noise impact envelope requires a clear line of sight from source to receiver. Any terrain, topography or structures between the source and receiver would limit line of sight. Construction noise impacts are therefore less than predicted under theoretical maximum input conditions. .struction noise sources are not strictly relatable to a noise standard because they occur only during selected times and the source strength varies sharply with time. The penalty associated with noise R:\D P\2004\04-0496 Temecula Lane\lnitial Environmental Study.doc 26 disturbance during quiet hours, and the nuisance factor accompanying such disturbance, usually leads to time limits on grading activity imposed as a condition on grading permits. The City of Temecula provides specific standards for preventing construction noise nuisance: 1. During construction, vehicle staging areas and placement shall be located as far as is practicable from existing residential dwellings. . 2. The property owner shall require that construction activities be limited to no more than the hours of 7:00 a.m. to 7:00 p.m. Monday through Saturday. No construction can occur outside of these hours or on Sunday or holidays except in the event of emergency. 3. The applicant shall establish a noise complaint response program and shall respond to any noise complaints received for this project by measuring noise levels at the affected receptor site. If the noise level exceeds an Ldn of 65 dBA exterior or an Ldn of 45 dBA interior at the receptor, the applicant will implement adequate measures (which may include portable sound attenuation walls, use of quieter equipment, shift of construction schedule to avoid the presence of sensitive receptors, etc.) to reduce noise levels to the greatest extent feasible. 4. The applicant will require that all construction equipment be operated with mandated noise control equipment (mufflers or silencers). Enforcement will be accomplished by random field inspections by applicant personnel during construction activities. Compliance with the above noise mitigation measures will ensure that construction noise impacts are controlled to a less than significant level. These measures are set as conditions on the project grading permits. Compliance with these criteria will preclude creation of a significant temporary noise impact . during construction. 11.b.: Less than Significant Impact: This project does not include any construction activities that would generate excessive ground borne vibration or groundborne noise. No potential exists for significant groundbome noise/vibration impacts associated with the proposed project. lI.c.: Less than Significant Impact: As noted above, this single-family residential project does not contain onsite activities that would generate a substantial increase in noise levels. The project will contribute to potentially significant cumulative noise levels on major roadways (Pechanga and State Highway 79 south). However, the volume of this project's contribution on major roadways is considered to be less than significant because it will not contribute to a change greater than 3 dB based on the existing background traffic levels, which is a less than audible contribution. The noise study prepared for the project indicates that the proposed project will not have any significant impact to off-site noise levels along the project's adjacent roadways or other sensitive land uses in the area. 11.d.: Less than Significant Impact with Mitigation: Temporary construction noise impacts vary because the noise strength of construction equipment ranges as a function of the equipment used and its activity level. Short-term construction noise impacts tend to occur in discreet phases dominated initially by earth-moving sources, then by foundation and parking area construction, and finally for finish construction. In general, earth-moving sources are noisiest with equipment noise ranging up to about 90 dBA at 50 feet from the source. Pile drivers, jack hammers and rock drills are also noisy, with the peak noise from a pile driver exceeding 100 dBA at 50 ft and jack hammers and rock drills exceeding 90 dBA. (For more specific information on construction equipment noise generation, please refer to the noise study in the . technical appendices). R:\D P\2004\04.0496 Temecula Lane\lnitial Environmental Study.doc 27 Noise emissions tend to be more associated with periodic events under full load rather than continuous noise exposure. Short-term noise generation thus tends to be on the higher end of the ranges, while long-term exposure is at the quieter end of the noise spectrum. eheriCallY radiating point sources of noise emissions are atmospherically attenuated by a factor of 6 dB per doubling of distance, or about 20 dB in 500' of propagation. The loudest earth-moving noise sources will therefore sometimes be temporarily detectable above the local background beyond 1,000 feet from the noise source. An extensive noise impact envelope requires a clear line of sight from source to receiver. Any terrain, topography or structures between the source and receiver would limit line of sight. Construction noise impacts are therefore less than predicted under theoretical maximum input conditions. Construction noise sources are not strictly relatable to a noise standard because they occur only during selected times and the source strength varies sharply with time. The penalty associated with noise disturbance during quiet hours, and the nuisance factor accompanying such disturbance, usually leads to time limits on grading activity imposed as a condition on grading permits. The City of Temecula provides specific standards for preventing construction noise nuisance: 5. During construction, vehicle staging areas shall be located as far as is practicable from existing residential dwellings. 6. The applicant shall require that construction activities be limited to no more than the hours of 7:00 a.m. to 7:00 p.m. Monday through Saturday. No construction can occur outside of these hours or on Sunday or holidays except in the event of emergency. 7. The applicant shall establish a noise complaint response program and shall respond to any noise complaints received for this project by measuring noise levels at the affected receptor . site. If the noise level exceeds an Ldn of 65 dBA exterior or an Ldn of 45 dBA interior at the receptor, the applicant will implement adequate measures (which may include portable sound attenuation walls, use of quieter equipment, shift of construction schedule to avoid the presence of sensitive receptors, etc.) to reduce noise levels to the greatest extent feasible. 8. The applicant will require that all construction equipment be operated with mandated noise control equipment (mufflers or silencers). Enforcement will be accomplished by random field inspections by applicant personnel during construction activities. Compliance with the above time limits will ensure that construction noise impacts are controlled to a less than significant level. These time limits are set as conditions on the project grading permits. Compliance with these criteria will preclude creation of a significant temporary noise impact during construction. 11.e-f: No Impact: This project is not within two miles of a public airport or public or private use airport. According to Figure 5.10-4 of the French Valley Airport Future Noise Contours in the Noise Element of the General Plan, the project is not located in the noise impact area for the French Valley Airport. In addition, the project is not located in the French Valley Airport Land Use Compatibility Zone according to Figure 5.9-3 in the Land Use and Planning Element of the General Plan. Therefore, people working in the project area will not be exposed to excessive noise levels generated by an airport and no impacts will result from this project. . R:\D P\2004\04-0496 Temecula Lanellnitial Environmental Study.doc 28 12. POPULATION AND HOUSING. Would the project: Issues and Supo..ortinn Information Sources a. Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure )? b. Displace substantial numbers of existing housing, necessitating the construction of replacement housinq elsewhere? c. Displace substantial numbers of people, necessitating the construction of replacement housinq elsewhere? Potentially Significant Imoact Potentially Significant Unless Mitigation Incoroorated . Less Than Significant tmoacl v' No Imoact v' v' Comments: 12.a.: Less than Significant Impact: The proposed project is the construction and development of 428 residential units on 47.72-acres for a total density of about 9.0 dwelling units per acre (du/acre). The units will be constructed as 96 single-family units on 15.14 acres, 96 triplex units (32 buildings) on 7.17- acres and 236 fourplex units (59 buildings) on 13.88-acres. The density will be 6.3 du/acre for the single family portion of the project, 13.4 du/acre for the triplex lot and about 17 du/acre for the fourplex lot. The multi-family portion of the site will account for 332 residences on 26.18 acres for a density of 15.77 du/acre. With a total of 428 dwelling units, the proposed project is forecast to house a population of 1,211 persons (428 x 2.83 persons per household). . As discussed under the Land Use and Planning Section, the City of Temecula Development Code allows affordable housing to be located on land zoned PO as a conditional use (Section 17.08.030). The proposed project is not forecast to cause significant growth within the City of Temecula beyond that which is allowed for in the General Plan. As an infill project, the site is surrounded by other development (existing or in progress) and the Temecula Creek flood plain (north), so no potential for inducing growth in the immediate surrounding area, either directly or indirectly, can result from the proposed project. 12.b-c.: Less than Significant Impact The project site is presently vacant land. The proposed project will not displace any existing housing. The project provides essential moderate income housing that is currently in very short supply within the City and surrounding area. The project also provides detached single-family residential homes. The construction of 428 residential dwelling units, including units designated for affordable housing, is not considered an adverse impact under CEQA. No mitigation is required. . R\D P\2004\04-0496 Temecula Lane\lnitial Environmental Study.doc 29 f3. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts sociated with the provision of new or physically altered governmental facilities, need for new physically altered governmental facilities, the construction of which could cause significant environm.ental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: I a. lb. I c. I d. Ie. Issues and Supoortinq Information Sources I Fire protection? I Police protection? I Schools? I Parks? I Other public facilities? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Imoact .{ .{ .{ .{ .{ No Imoact Comments: 13.a.-e.: Less than Significant Impact: The proposed project is an infill development and all services are already available to the project site. The development of 428 residential units will place a small increment of cumulative demand on the service systems (fire, police, schools, and parks). The proposed project will be required to pay development impact fees in addition to property taxes to cover other public facility or service demands. There is a mandatory requirement of the City to mitigate impact to public facilities. For park and recreation services, the City requires developers of residential projects greater than fifty dwelling units to dedicate land based upon five acres of usable parkland per one thousand residents or pay in lieu fees. The ultimate project buildout will house an estimated 1,211 .0Ple based upon a generation of 2.83 persons per unit. The proposed project will create 6-foot wide 50 linear feet DG path along the Temecula Creek and along the northeast property line. The City of Temecula ordinance does not allow for the creation of trails to satisfy Quimby requirements. The project also includes playgrounds and recreational facilities. The City has the discretion to allow qualified recreational facilities to fulfill up to half of the Quimby acreage requirements. The proposed project will be required to create or pay in lieu fees for a total of 6.05-acres of parkland. These fees are mandatory and no additional mitigation is required. . R:\D P\2004\04-0496 Temecula Lane\lnitial Environmental Study.doc 30 14. RECREATION. Would the project: Issues and SUDDortino Infonnation Sources a. Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b. Include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Potentially Significant Imoaet Potentially Significant Unless Mitigation Incarcorated . Less Than Significant Imeact -/ No lmoact -/ Comments: 14.a.-b.: Less than Significant Impact: The proposed project includes recreation areas as part of the project including a swimming pool, club house and play areas. The proposed project will create 6-foot wide 2,450 linear feet public multi-use trail along Temecula Creek and the northeast property line. As discussed in Section 11 Public Services, the City requires developers of residential projects greater than fifty dwelling units to dedicate land based upon five acres of usable parkland per one thousand residents or pay in lieu fees. The proposed project will be required to create or pay in lieu fees for a total of 6.05-acres of parkland. Based on the inclusion of these recreational features as part of the proposed project, existing neighborhood park utilization is not forecast to increase significantly. The residents of the development are likely to increase demand for regional facilities, such as baseball diamonds, basketball courts, etc. However, these are managed facilities where the individual users are typically integrated into existing leagues and the cumulative demand for such facilities is not forecast to increase substantially from implementing the proposed project. No significant adverse impact to recreational resources is forecast to occur from implementing the proposed project. . . R:\D P\2004\04-0496 Temecula Lane\lnitial Environmental Study.doc 31 . 15. TRANSPORTATIONrrRAFFIC. Would the project: a. b. c. d. Ie. I f. . Issues and Suooqrtinq Information Sources Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ration on roads, or congestion at intersections)? Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or hiqhways? Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? . Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g.. farm equipment)? I Result in inadequate emerqency access? I Result in inadequate parkinq capacity? . Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g.. bus turnouts. bicycle racks)? Comments: Potentially Significant lmeact Potentially Significant Unless Mitigation Incarcorated -/ No lmoact Less Than Significant Imoacl -/ -/ -/ -/ -/ -/ 15. a.-b.: Potentially Significant Impact unless Mitigation Incorporated: A traffic impact study conducted by RK Engineering Group, Inc. dated July 26, 2004 and revised on December 15. 2004. A copy of this study has been made available to the pertinent traffic management agencies (City of Temecula, Caltrans and Riverside County) in the region. Other individuals or agencies interested in review of copy of the traffic study can request a copy from the City of Temecula Planning Department. The following is a summary of the traffic study findings. First, the traffic study states that if the site were developed as professional offices, it would generate a total of 15,549 vehicle trips per day with 1,220 trips in the morning peak hour and 1,820 trips in the evening peak hour. The proposed development is forecast to generate a total of 2,850 vehicle trips per day with 216 trips in the morning peak hour and 85 trips in the evening peak hour. The proposed project is projected to generate 12.699 fewer trips each day with 1,004 fewer trips per morning peak hour and 1,551 fewer trips per evening peak hour than the maximum trip generation that would be expected given the site zoning. Under existing conditions, all intersections evaluated in the Traffic Study are functioning at LOS D or better during existing peak hour conditions except for the following intersections along SR-79: La Paz Street, Pechanga Parkway, Jedediah Smith Road. Margarita Road/Redhawk Parkway and the north and southbound ramps to Interstate 15. With the addition of the project to the existing conditions, all intersections would continue to operate at LOS D or better except for those listed above that were already operating below acceptable levels per the City standards. The intersection of Jedediah Smith _d and SR-79 warrants signalization under current conditions. R:\D P\2004\04-0496 Temecula Lane\lnitial Environmental Study.doc 32 Assuming the project is constructed and operation in 2007, all intersections would function at LOS D or better during peak hours with the exception of the following which would function at LOS E or LOS F: Pechanga Parkway and Rainbow Canyon Road and SR-79 and the following streets: Margarita Road/Redhawk Parkway, Jedediah Smith Road, Pechanga Parkway, La Paz Street, Bedford Court and . the northbound and southbound ramps of Interstate 15. The above listed intersections would operate at a LOS E or F with or without the project construction. In the short term, construction of the proposed facilities will also result in the generation of up to about 40 additional vehicle trips on the adjacent roadways by construction personnel and the delivery of construction materials during site preparation for about 150 working days. Landscaping and construction of buildings will generate up to about 400 additional trips for about 220 working days. This increase in traffic is not considered to be a sufficient increase in short-term traffic to affect the level of service on roadways or congestion at any intersection. Over the long-term, the proposed project will contribute to LOS F traffic flows at the locations identified above, even after proposed improvements are implemented. However, since this project will not significantly worsen the traffic flow after implementation of mitigation, the project is required to pay fair share to circulation system components that are impacted by cumulative traffic growth in the Temecula region. The State CEQA Guidelines (Section 15130(a)(3) permit a finding of no significant impact when a project offsets its contribution to a cumulatively significant impact by paying its fair share of a mitigation measure or measures designed to alleviate such impact. Based on the identified project specific and cumulative impacts of the proposed project, the City concludes that potential project specific and cumulative effects of the project are effectively mitigated to a less than significant impact level based on the mitigation measures identified below, including payment of fair share fees for circulation system impacts that result from cumulative traffic growth. 1. Construct Loma Linda Road and Temecula Lane adjacent to the project site at their ultimate half-section width in conjunction with development. Dedicate the right-of-way . for future construction of the ultimate half-section width for Avenida Del Coronado. 2. The project shall pay all applicable fees and dedicate right-of-way along the frontage of the project. With implementation of the above measures, the project's specific and cumulative circulation system impacts will be offset or mitigated to a nonsignificant level of impact. In addition, the proposed soil import phase was originally forecast to generate about 200 truck trips per day. However, due to air emission concerns, the proposed project will be restricted to generate a maximum of 163 truck trips per day. Even at three passenger car equivalents per truck, the total trip generation on the local circulation system would be 489 trips. Although this is not a significant number of trips, the effect during the a.m. and p.m. peak hour traffic would be to cause further congestion at intersections which are already operating a level of service (LOS) F, which is an unacceptable rate of traffic flow. Thus, to prevent this import project from contributing to significantly adverse traffic flow, the property owner shall limit deliveries to the hours from 9 a.m. to 4:30 p.m. This would require the 163 trips to be completed over a 7.5 hour period, or the equivalent of about 21 trips per hour (about one trip every three minutes). The addition of one trip every three minutes to the project site between 9 a.m. and 4:30 p.m. is not forecast to cause significant project specific or cumulative impacts on the local circulation system traffic flow. 15.c.: No Impact The project site is located approximately 5 miles from the nearest airport, French Valley, and therefore project implementation has no potential to adversely impact any air traffic patterns. No railroads occur adjacent to or in the immediate vicinity of the project site. No impact can . be identified, and no mitigation is required. R:\D P\2004\04~0496 Temecula Lane\lnitial Environmental Study.doc 33 15.d.: Less than Significant Impact: The proposed circulation system improvements associated with the project will be installed in conformance with the City's circulation system requirements. The traffic study recommends implementation of the following conditions relative to the new circulation system emponents. 3. Complete the internal circulation system per the City of Temecula standards. 4. Sight distance at the project accesses shall be reviewed with respect to standard Caltrans/City of Temecula sight distance standards and constructed in conformance with these standards. 5. Traffic signing/striping shall be defined at the time detailed construction plans are completed and implemented prior to occupancy. 6. Stop signs, stop bars and stop legends shall be provided at the project access points. Implementation of these measures will ensure that no residual traffic hazards result from the construction of the roadways in conjunction with the proposed project. 15.e.: Less than Significant Impact A review of the tract map design indicates that emergency access is provided to the proposed tract by two entrances on Lama Linda Road and one entrance on Temecula Lane. The proposed tract will have no affect on emergency access to adjacent parcels after development. In the short term, the proposed project will impact roads in that temporary, partial closures may be necessary in order to construct road improvements. 15.f.: Less than Significant Impact: Parking spaces are required to be provided at a ratio of 9.17 per fourplex unit and 7.5 per triplex unit with 1 guest space per 6 units. The total number of parking spaces auired for fourplex units is 571; 572 units are proposed as part of the project. The total number of '-king spaces required and proposed for triplex units is 256. The project incorporates 354 garage spaces for fourplex units and 192 garage spaces for triplex units. The project incorporates 218 parking in bays for fourplex units and 64 garage spaces for triplex units. No adverse parking capacity impacts are forecast to occur. No mitigation is required. 15.g.: Less than Significant Impact: The City of Temecula mass transit is provided by the Riverside Transit Authority (RTA). Route 24 currently provides transit connecting the general area of the project site with the development in the Winchester, Rancho California and Highway 79. The closest current alignment is along Pechanga Parkway, Wolf Valley Road and Margarita Parkway. Mr. Michael McCoy, Senior Planner at RTA, reviewed the project design and made preliminary comments. He stated that RTA is not currently planning to run transit on Lama Linda Road or Temecula Lane. In the event that RTA decides to run transit on Loma Linda Road at some time in the future, he indicated that the street is sufficiently wide to allow bus stops along red-painted curbs without turnouts. RTA is considering providing increased transit along Wolf Valley Road in the future. Existing and proposed transit services along Pechanga Boulevard are close enough to service the project. Figure 5-2 of the City's General Plan does not identify a bicycle trail along Loma Linda Road or Temecula Lane. No conflict or adverse impact to adopted alternative transportation policies, plans or programs is forecast to occur from implementing the proposed project. . R:\D P\2004\04-0496 Temecula Lane\lnitial Environmental Study.doc 34 16. UTILITIES AND SERVICE SYSTEMS. Would the project: . Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and SuooortinQ Information Sources Imoacl Incorcorated Imoact Imoact I a. I Exceed wastewater treatment requirements of the v" applicable Regional Water Quality Control Board? b. Require or result in the construction of new water v" or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c. Require or result in the construction of new storm v" water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? > d. Have sufficient water supplies available to serve v" the project from existing entitlements and resources, or are new or expanded entitlements needed? e. Result in a determination by the wastewater v" treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f. Be served by a landfill with sufficient permitted v" capacity to accommodate the project's solid waste . disposal needs? I g. I Comply with federal. state, and local statutes and v" regulations related to solid waste? Comments: 16.a.-b.: Less than Significant Impact: The proposed project will deliver wastewater to the Eastern Municipal Water District (EMWD) wastewater treatment plant in Temecula. EMWD is in the process of improving sewer capacity to be able to convey the expected peak flows at full development of the areas it services. Flows from the project would be conveyed to the Temecula Valley Plant, which is rated for processing 12.0 millions of gallons per day (MGD) and is in the process of designing an expansion to process 16.0 MGD. EMWD literature indicates that 235 gallons of wastewater are produced by a typical residential household. Based upon the EMWD average, the proposed tract is projected to generate 100,580 gallons of wastewater per day. EMWD has a policy of Financial Participation Charges wherein new users buy into the existing infrastructure and pay for the additional infrastructure requirements. Through Ihe payment of annexation fees, sewer connection fees, development impact fees (for water facilities) and meter installation fees, the impact of implementing the proposed project on sewage systems is forecast to be less than significant. Adequate capacity exists in each system for this project to be implemented without causing significant adverse impacts to these systems. Other than mandatory fees and installation of onsite and connecting utility infrastructure, no mitigation is required. 16.c.: Less than Significant Impact: The site currently drains via sheetflow and the drainage along the eastern edge of the site into Temecula Creek. The proposed project would increase runoff as a result of increasing the impervious surface on the project site. The SWPPP for the project indicates that 85% of the site will be imperious after construction as opposed to the 5% that is impervious under existing . R:\D P\20Q4\04-0496 Temecula Lane\lnitial Environmental Study.doc 35 conditions. The City imposes standard mitigation to detain surface runoff on the property to ensure that the maximum runoff volume from the site is not significantly increased. ... Frank Gerard (project hydrologist) estimated the surface drainage from the site utilizing the .verside County Flood Control & Water Conservation District's Hydrology Manual. Existing 10-year and 100 year flows from the site are approximately 81 cubic feet per second (cfs) and 128 cfs. After site construction, 10-year and 100 year flows from the site are expected to increase to 91 cfs and 140 cfs. Flows will be directed into Temecula Creek. Mr. Gerard concluded that discharges from this project will have an insignificant impact on Temecula Creek due to the large differences in the times of concentration and that detention is not necessary. The project includes three water quality basins to be located along the northern edge of the developed area. The basins will serve to collect runoff from the project site and allow percolation that will recharge the groundwater basin and reduce potential water quality impacts on Temecula Creek from the site. Currently, flows from the site are discharged into Temecula Creek. The required water quality volumes for the three proposed basins, is 0.5 acre-feet (ac-ft) for the eastern basin, 0.2 ac-ft for the central basin and 0.6 ac-ft for the western basin. Based upon the information presented above, the project will not result in the need for construction of new storm water drainage facilities other than those discussed above and analyzed as part of the project. No mitigation is required. 16.d.: Less than Significant Impact: Adequate water supplies have been identified by the Rancho California Water District to meet the current and immediate future demands in its service area, including the proposed project. This analysis and related findings are contained in the District's Urban Water Master Plan. Therefore, a less than significant impact is expected. .e.: Less than Significant Impact: Adequate wastewater treatment capacity has been identified by EMWD to meet the current and immediate future dernands in its service area, including the proposed project. 16.f.: No Impact: According to the General Plan and the County Solid Waste Management Plan adequate landfill disposal capacity exists within the regional landfills to meet current and future demands. Solid waste mitigation measures identified in the General Plan EIR (Measures 2 and 3) must be implemented by all projects in the City to meet the City's source reduction requirements. 16.g.: Less than Significant Impact: By participating in the City's source reduction and recycling element, the proposed project will comply with all statutes and regulations for management of solid waste. The proposed commercial and residential project does not pose any significant or unique management requirements. Regarding energy supplies to the project and region, the proposed project will generate demand for utility system capacity and have a potential to contribute to potentially significant cumulative demand impacts on energy. The City of Temecula's General Plan identified adequate capacity for energy systems. Since this document was adopted electric and natural gas utilities have been deregulated and short-term shortages in electricity and natural gas were experienced during 2001. Since 2001, new electrical generation and natural gas production came on line and began operating combined with the economic slow down decreased demand for these resources and resulted in surpluses. The City has adopted building codes that require implementation of energy conservation measures for new development. Implementation of these design and construction standards are considered adequate compliance with energy conservation goals and policies. The additional energy demand resulting from ~ project is considered a less than significant impact and consistent with forecast regional demand for .ctricity from the build-out of the City. R:\D P\20Q4\04-0496 Temecula Lane\lnitial Environmental Study.doc 36 17. MANDATORY FINDINGS OF SIGNIFICANCE. Would the project: a. b. c. Issues and SUDoortinQ lnfoonation Sources Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future proiects)? Does the project have environmental effects which will cause substantial adverse effects on human beinCls, either directly or indirectly? Comments: . Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated No Impact Less Than Significant Impact .,.. .,.. .,.. . 17.a.-c.: Less than Significant Impact: The proposed project is the construction and development of 428 residential units on 47.72-acres. The units will be constructed as 96 single-family units on 20.4 acres, 96 triplex units (32 buildings) on 9.51-acres and 236 fourplex units (59 buildings) on 16.67-acres. The project will be accessed via a gated entrance/exit on Temecula Lane and two gated entrances/exits on Lama Linda Road. This project will provide essential affordable housing for the City of Temecula if it is approved for development. Residential development of the type proposed is allowed in the Professional Office land use designation if approved by the City. Potential impacts include short-term construction effects and the long-term effects that result from converting a property from its existing disturbed, pastoral setting to a residential neighborhood. Most of the potential adverse impacts are either not significant without mitigation or they can be controlled to a less than significant impact with identified mitigation measures. Several potential impacts (air quality, transportation/circulation and noise) require extensive mitigation, including modification of the construction schedule, to ensure that impacts are controlled to a less than significant level. With the identified mitigation required to be implemented, the proposed project is not forecast to cause any significant adverse environmental impacts to any of the environmental resource issues addressed in this Initial Study. The City of Temecula proposes to issue a Negative Declaration with mitigation as the appropriate environmental determination for this project to comply with the California Environmental Quality Act. The City will issue a Notice of Intent to Adopt a Negative Declaration and distribute this document for public review through the State Clearinghouse. Assuming potential project impacts remain less than significant after receipt of comments and development of responses, the City will consider adopting the Negative Declaration prior to issuance of any of the entitlements for this project to be developed on the project site. R:\D P\2004\04~0496 Temecula Lane\lnitial Environmental Study.doc 37 . EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets. I a. Earlier analyses used. Identif\{ earlier analyses and state where they are available for review. ) b. Impacts adequately addressed. Identify which affects from the above checklist were wilhin the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitiqation measures based on the earlier analysis. c. Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 1. 2. 3. 4. 5. 6. 7. 8. 9. . 12. . SOURCES City of Temecula General Plan. City of Temecula General Plan Final Environmental Impact Report. South Coast Air Quality Management District CEQA Air Quality Handbook. Biological Habitat Assessment completed by Thomas Olsen Associates, Inc. dated 10/24/03 Burrowing Owl Survey completed by Helix Environmental Planning, Inc. dated 9/20/04 Biological Habitat Assessment completed by Thomas Olsen Associates, Inc. dated 11/16/04 Air Quality Analysis completed by Giroux and Associates dated 12/17/04 Air Quality Analysis completed by Giroux and Associates dated 1/2005 Jurisdictional Delineation Report completed by Glenn Lukas Associates dated 2/3/05 Traffic Impact Study completed by RK Engineering Group, Inc. dated 3/9/05 MSHCP Consistency Analysis and HANS Review completed by Michael Brandman Associates dated 3/16/05 Noise Study completed by The Planning Center dated 3/17/05 R:\D P\2004\04~0496 Temecula Lane\lnitial Environmental Study.doc 38 FIGURE 1 Regional Location Map . ,..," iU/D.c ' -- -, ..... '" \'0:;.~~~1~~1~:f/t! . ~/ I, / ~__R~~!.-- , SAN DIEGO L.. ..... ............ ~4'Jy CQU~...., L_____ ~akii~ Skinner . ReserVliir m Mol to Scale 1 /._w Tom Dodson & Associates Environmental Consultants . Source: RBF Consulting . FIGURE 2 Vicinity Map . ~ .... - ~ City of Temec::ula ..... ..... Los Ranchitos CDMmlmUIf / R6dhllwk -C_nity / / .... /" / Sant. "',gariu. Ecological Preserve , ..... ~ " \ PK..... " JncJi.n Re_".UO" ~ '. , .~ '- ./ ITL.._ 'source: RBF Consulting Tom Dodson & Associates Environmental Consultants --""'"- --- \ FIGURE 3 Aerial Photograph of Site Location PA04-Q490 PA04-0491 PA04-0492 . o 160 320 640 960 1,280 . Feet . ~ It. /; '\ '. : " , J .'. .-,~ . ". . .;'i;8i;i';:'".Y N '. , .' This m<lP was made by the City of Temewla Geographic Information System. The map is derived from base data produced by the Riverside County Assessa's ~................... and the TransporUition and Land ManagernentAgency of Riverside County. The City ofTemecula assumes no warranty 01 legal responsibility for the information oontained 00 this map. Data and iofofmalioo represented on this map are subject to update and modification. The Geographic InfOl1Tlalioo System and other sources should be queried for the most current information. This m<lP is nol fot repnnl or resale. R:\GIS\Susan.MrcMap _Proj\SMS _temp.mxd .. FIGURE 4 Surrounding land Use J Zoning e "---- 19 ~ LM Residential LM RESIDENTIAL " "', " " " , ~O , "":-;:).-; " '/ , ,c'r/ " '" "- -- ~ LM = Low Medium Residential PO = Prolesslonal Offlce PDO-1 = Planned Devt. OVerlay NT = Highway TDu.lst Commercial Os.c = Conservation PH . Public Parks" Recreation SP = Specific Plan " r.."~ ""'-. eC'~,'........ RESORT CASINO "- ". rn.......... , Source: RBF Consulting Tom Dodson & Associates Environmental Consultants r' ; FIGURE 5 FEMA Flood Zone,Map . REVISED AREA~ '''''' --- ;~uWOFDET'" EDSTUOV , . i .___ ~ ' . l:VI~ElfT(f' ~ lMAP LEGEND EFLECT LOfvl fZJ ~ ::::"....... AIED FED 0 It , ....... "M'M ..._,. IIIIIIJ~:'.',,"=: , .. 'J lWaVIsro: 1Il000000lR'ZD,l"1 ..".OX'MATE SCALI IN FEU 10M 0 tMll ~.! ; . ; . ^ NoIe: Base map used for this exhibit rellects LeMA dated Feb 4. 2004. However .Zone X" designation wnhln subject property relleels the CLOMA (Based on Fill) document approved by FEMA dated January 12, 2005. DSI!e Source: RBF Consulting . Tom Dodson & Associates Environmental Consultants ~' FIGURE 6 MSHCP Cells Within Site Vicinity ~ ,/ ~ s~ '" ----- Cell No. 73 . Cell No. ~;...~ /" - -. ell No. 7359 cu1 ',:;: nie. .'- , ~' ~ .----. .k _____ G\~t' ___ .---- . !Ill. ~ "\ ---.... ". '. Cell No. 7330 " , , ~ C'c ~, .:'/"" "- /.-' ' P".? , -~ ~ " " c' "::> - ..., e ~ ... ,. 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'-",IlI' ,~ \il~l :.1 Ii ~l' H.......,... l in:;!. 1'1, ;","ti . \l. l'l~!. ) lJ :;~ ~\ \~-~~~ . -1 ~~,! '. ~'f"1:f' ,n" >,r"~:'''''- ,".'~:,Ao:.-,:.,'"."',...,.:,.,J".,. ~f)" ~i ~:: ;; - '" ~ en <t ~ t, \ ~~~ ~~l \~~~ } 1- \5 ~ " .1 \ \ ~\II L ". \ \' .~ '" N <"\ \0 to'" , N..... i I') ~O -" ;.. l:l::t\J ,,' <~'t1l,. -~.- -.... -- ~ \ ' I I... . '- ._~ .,'1-...: / / ,. ",-:- ,_,..d'_'_' ," 'Ojl' ..,:.. ..~$~ , '. -...;...~ -: .-----, ., \\ 1\\ ~. 1\\ . ',. I 1 ~ i \j t' .' : ~. ., . ., , . ~ I ,m if-I ~ . \ \ :' .. :o~'" "'li~ .. .\ \D'-II, \ .. ..,li- ; ~ " . ," '.;:~ 10. "IQ1'i"'1~ -rio' ~, " ( .. 11,:8, ."' II ~.", J~ ,~ ~., .~, ." ~,. :'t!.q \, 0-" g~..,~ ! IS)~ '- ;g .... . ill \ \ \ ," ~'h , :nl ~ ~ ~ ~i~~ . ATTACHMENT A Mitigation Monitoring Program . . R:\D P\2004\04-0496 Temecula Lane\CEOA Initial Study 2005.doc 60 . . . Mitigation Monitoring Program Temecula Lane Planning Application No. PA04-0490 through 0492 and PA04-0496 AIR QUALITY Generallmpacl: The proposed project could potentially expose sensitive receptors to substantial pollutant concentration and could potentially create objectionable odors affecting a substantial number of people working in the nearby area. Mitigation Measures:. Prior to the issuance of a grading permit, the applicant shall verify that all earth moving and large equipment are properly tuned and maintained to reduce emissions. In addition, alternative clean-fueled vehicles shall be used where feasible. Construction equipment should be selected considering emission factors and energy efficiency. Electrical and/or diesel-powered equipment should be utilized in-lieu of gasoline-powered engines. During construction and grading phases, the project site shall be watered down in the morning before grading and/or construction begins and in the evening once construction and/or grading is complete for the day. The project site shall be watered down no less than 3 times (not including the morning and evening water-down) during construction and/or grading activities to reduce dust. All fill being transported to and/or from the site shall be covered and the wheels and lower portion of transport trucks shall be sprayed with water to reduce/eliminate soil from the trucks before they leave the construction area. The property owner shall limit the number of imported soil material truck delivery trips per day to a maximum of 163 truck trips. Equipment on site shall be limited to one dozer; two loaders; and one grader during the import phase of the project and to one dozer, two loaders, and six scrapers during the overexcavation/recompaction. The contractor will sweep adjacent streets and roads at least once per day, preferable at the end of the day, if visible soil material is carried over to adjacent streets and roads from the project site. The contractor shall post signs on the four property boundaries that state: If visible dust leaves this project site, call (give phone number and contact). R:\D P\2004\04-0496 Temecula Lane\Mitigation Monitoring Program.doc 1 Specific Process: Planning staff will verify compliance with the above mitigation measure as part of the grading plan check review process. . Mitigation Milestone: Prior to the issuance of a building permit. Responsible Monitoring Party: Planning Department CULTURAL RESOURCES General Impact: Directly or indirectly destroying any unique paleontological or archaeological resources. Mitigation Measure: The Applicant shall enter into a pre-construction agreement/treatment plan with the Pechanga Band of Luiseno Indians, prior to the issuance of grading permits, that sets forth and contains the terms and conditions for the treatment of discoveries of Native American cultural resources. The agreement /treatment plan shall contain provisions for the treatment of all Native American cultural items, artifacts, and Native American human remains that may be uncovered during the project. The agreement/ treatment plan may allow for the presence of Pechanga tribal monitors during any ground-disturbing activities. . Specific Process: Place the above condition of approval on this project to require a pre-construction agreement/treatment plan between the applicant and the Pechanga Band of Luiseno Indians prior to the issuance of grading permits. Mitigation Milestone: Prior to issuance of a grading permit. Responsible Monitoring Party: Planning and Public Works Departments General Impact: Directly or indirectly destroying any unique paleontological or archaeological resources. Mitigation Measure: The Applicant and/or landowner agrees 10 relinquish ownership of all cultural resources, including all archeological artifacts, that are found on the Project area to the Pechanga Band of Luiseno Indians for proper treatment and disposition. Specific Process: Place the above condition of approval on this project so that if cultural resources are encountered during grading, ownership shall be relinquished to the Pechanga Band of Luiseno Indians for proper treatment and disposition. . R:\D P\2004\04-0496 Temecula Lane\Mitigation Monitoring Program.doc 2 . . . Mitigation Milestone: Responsible Monitoring Party: General Impact: Mitigation Measure: Specific Process: Mitigation Milestone: Responsible Monitoring Party: General Impact: Mitigation Measure: Specific Process: Mitigation Milestone: Responsible Monitoring Party: Prior to the issuance of a grading permit. Planning and Public Works Departments Directly or indirectly destroying any unique paleontological or archaeological resources. Prior to any ground disturbance activities a qualified archaeological monitor will be present and will have the authority to stop and . redirect grading activities, in consultation with the Pechanga Band of Luiseno Indians arid their designated monitors, to evaluate the significance of any archaeological resources discovered on the property. Place the above condition of approval on this project so that a qualified archaeological monitor wiU be present and will have the authority to stop and redirect grading activities, in consultation with the Pechanga Band of Luiseno Indians and their designated monitors, to evaluate the significance of any archaeological resources discovered on the property. During the grading process. Planning and Public Works Departments Directly or indirectly destroying any unique paleontological or archaeological resources. If any human remains are encountered on the project site, ail ground disturbing activities in the vicinity of the discovery will be terminated immediately and the County Coroner's office and the Pechanga Band of Luiseno Indians and Miranda, Tomaras, Ogas & Wengler, LLP will be contacted to arrange for the treatment of such remains. Place the above condition of approval on this project so that if any human remains are encountered on the project site, all ground disturbing activities in the vicinity of the discovery wiil be terminated immediately and the County Coroner's office and the Pechanga Band of Luiseno Indians and Miranda, Tomaras, Ogas & Wengler, LLP wiil be contacted to arrange for the treatment of such remains. During the grading process. Planning and Public Works Departments R:\D P\2Q04\04-0496 Temecula Lane\Mitigation Monitoring Program.doc 3 GEOLOGY AND SOILS . General Impact: Unstable soil conditions from excavation, grading or fill. Mitigation Measures: A soils report prepared by a registered Civil Engineer shall be submitted to the Department of Public Works with the initial grading plan check and development shall occur in accordance with the recommendations set forth in the soils report and the EnGEN Corporation studies referenced in Initial Study. SpeCific Processes: Submit soils report with initial grading plan check erosion control plans for approval by the Department of Public. Grading plans shall incorporate the recommendations of the soils report and the EnGEN studies referenced in Initial Study. Mitigation Milestone: Prior to the issuance of a grading permit. Responsible Monitoring Party: Department of Public Works General Impact: Exposure of people or property to seismic ground shaking, seismic ground failure, landslides or' mudflows, expansive soils or earthquake hazards. . Mitigation Measure: Ensure that soil compaction is to City standards. Specific Process: A soils report prepared by a registered Civil Engineer shall be submitted to the Department of Public Works with the initial grading plan check. A registered Civil Engineer shall certify building pads. Mitigation Milestone: Prior to the issuance of grading permits and building permits. Responsible Monitoring Party: Department of Public Works and Building & Safety Department. General Impact: Exposure of people or property to seismic ground shaking, seismic ground failure, landslides or mudflows, expansive soils or earthquake hazards. Mitigation Measure: Utilize construction techniques that are consistent with the Uniform Building Code. Specific Process: Submit construction plans to the Building & Safety Department for approval. . R\D P\2004\04-0496 Temecula Lane\Mitigation Monitoring Program.doc 4 . Mitigation Milestone: Responsible Monitoring Party: BIOLOGY General Impact: Mitigation Measures: . . Specific Processes: . Mitigation Milestone: Responsible Monitoring Party: Prior to the issuance of building permits. Building & Safety Department The proposed project could directly or indirectly disturbed wildlife and/or habitat on site. To avoid an illegal take of bird nests, ahy clearing, import or soil distribution will be conducted outside of the State identified nesting season (nesting is February 15 through September 1). Alternatively, the site will be evaluated by a qualified biologist prior to identification of ground disturbance to determine the presence or absence of nesting birds. Exclusion fencing (orange snow screen) will be installed along the construction limits along the north of the property to prevent construction activities from infringing on' the Temecula Conservation Area. Submit soils report with initial grading plan check erosion control plans for approval by the Department of Public. Grading plans shall incorporate the recommendalions of the soils report and the EnGEN studies referenced in Initial Study. Prior to the issuance of a grading permit. Planning Department R:\D P\2004\04-0496 Temecuta Lane\Mitlgation Monitoring Program.doc 5 . ATTACHMENT B Jurisdictional Delineation Report . . R:ID P\2004\04.0496 Temecula LanelCEQA Initial Study 2005.doc 61 [- :. , - , \ f' \ f' ! [' ,. . . GLENN LUKaS ASSOCIATES ~;:;:~~::~r;::~'.:': ~~""- '~,,"g'-" t~~M~_~: ~~ ~;::::.Z ~~>~ i. ~ ;:- _~,,:;,,~~ "'~~)1 ~ \. ~ r ~ .t~ ~.77f';"" ,;..~-~.-~'ll!o":0',. Regulatory SeNices February 3, 2005 Lindsay Quackenbush Continental HomeslD.R. Horton 5927 Priestly Drive Suite 200 Carlsbad, Califomia 92008 SUBJECT: Temecula Lane Property; City ofTemecula, Riverside County, California: Jurisdictional Delineation Report Dear Mr. Quackenbush: This letter report summarizes our preliminary findings of U.S. Army Corps of Engineers (Corps) and California Department ofFish and Game (CDFG) jurisdiction for the above-referenced 1 property. The Temecula Lane Property (Project) is located within an unnumbered section, Township 8 South, and Range 2 West within the City of Temecula, Riverside County [Exhibit IJ, Califomia. The Project comprises approximately 45 acres and supports one former blue-line stream (as depicted on the U.S. Geological Survey (USGS) topographic map Pechanga, California (dated 1968 and photorevised in 1988]) (Exhibit 2J. No evidence of the above-mentioned streambed is present on site. On January 17,2005 regulatory specialists of Glenn Lukos Associates, Inc. (GLA) examined the project site to determine the limits of{l) Corps jurisdiction pursuant to Section 404 of the Clean Water Act, and (2) CDFG jurisdiction pursuant to Division 2. Chapter 6, Section 1600 of the Fish and Game Code. Enclosed is a 200-scale map [Exhibit 3]. which depicts the areas of Corps and CDFG jurisdiction. Photographs to document the topography, vegetative communities, and general widths of each of the waters are provided as Exhibit 4. No Corps jurisdictional waters exist at the site. The Project site is located just south ofTemecula Creek, a Corps jurisdictional intermittent stream, however the grading plans indicate that no I This repon presents our best effon at estimating the subject jurisdictional boundaries using the most up-to-date regulations and written policy and.guidance from the regulatory agencies. Only the regulatory agencies can make a. final determination of jurisdictional boundaries. Ifa final jurisdictional detennination is required, GLA can assist in getting "Thten confirmation of jurisdictional boundaries from the agencies. 29 Orchard . Telephone: (949) 837-0404 . California 92630-8300 Facsimile: (949) 837-5834 Lake Forest r. ; \ r !~ Lindsay Quackenbush Continental HomesfD.R. Horton February 3, 2005 Page 2 . impacts to Corps jurisdictional waters will occur as a result of the Project. Since no Corps jurisdictional waters exist on site and no impact will occur, no Corps Section 404 Permit is required for this project. ' No CDFG jurisdiction exists at the site. The Project site is located just south ofTemecula Creek, a CDFG jurisdictional intermittent stream, however the grading plans indicate that no impacts to CDFG jurisdiction will occur as a result of the Pr0ject. Since no CDFG jurisdiction exists on site and no impact will occur, no CDFG Section 1602 Agreement is required for this project. I. METHODOLOGY Prior to beginning the field delineation a 200-scale color aerial photograph, a 200-scale topographic base map of the property, and the previously ciied USGS topographic 'Jl U'Q'" examined to determine the locations of potential areas of CorpslCDFG jurisdiction. uspected jurisdictional areas were field checked for the presence of definable channels andlor wetland vegetation, soils and hydrology. Suspected wetland habitats on the site were evaluated using the methodology set forth in the U.S. Army Corps of Engineers 1987 Wetland Delineation Manuaf (Wetland Manual). While in the field the jurisdictional area was recorded onto a 200-scale color aerial photograph using visible landmarks. Other data were recorded onto wetland data sheets. . The Soil Conservation Service (5C5)3 has mapped the following soil types as occurring in the general vicinity of the project site: Gorgonio Loamy Sand, 0 to 8 Percent Slopes (GhC) and Gorgonio Loamy Sand, Channeled,2 to 15 Percent Slopes (GkD) Soils of the Gorgonio series consist of somewhat excessively drained to excessively drained soils on alluvial fans. These soils formed in alluvium made up chiefly of granitic materials. The upper] 5 inches consist of dark grayish-brown (l OYR 4/2) and brown (I OYR 5/3) gravelly loamy fine sand when dry and very dark grayish brown (lOYR 3/2) and dark brown (I OYR 3/3) gravelly loamy fine sand when moist. Gorgonio soils are used for dryland pasture and range, for irrigated alfalfa and apricots, and for homesites. 1 Environmental LaboralOry. 1987. Corns of Ene;neers Wetlands Delineation Manual Technical Report Y-87-1, U.S. Anny Engineer Waterways Experimental Stalion, Vicksburg, Mississippi. 3 SCS is now known as the National Resource Conservation Service or NRCS. . , i' 1 , r' i I i. i ! ,. . [ I I Lindsay Quackenbush Continental HomesID.R. Horton February 3, 2005 Page 3 Grangeville Fine Sandy Loam,Drained, 0 to 2 Percent Slopes (GtA) Soils of the Grangeville series consist of moderately well drained to poorly drained soils on alluvial fans and floodplains. These soils formed in alluvium made up chiefly of granitic materials. The upper ten inches consist of grayish-brov.TI (2.5Y 5/2) loamy fine sand when dry and very dark grayish brown (2.5Y 3/2) loamy fine sand when moist. Grangeville soils are used for dryland grain, for irrigated alfalfa, truck crops, pasture and for homesites. Hanford Coarse Sandy Loam, 0 to 2 Percent Slopes (HcA) and Hanford Coarse Sand)' Loam, 2 to 8 Percent Slopes (HcC)) The Hanford series consists of well drained to somewhat excessively drained soils forn1ed in granitic alluvium. These soils are found on stream bottoms, floodplains, and alluvial fans. A typical profile consists of an A horizon ranging from pale brown to light brownish gray underlain by a deep C horizon ranging from very pale brov.ll to light yellowish brown. These soils are used for dryland grain, pasture and range, citrus crops, and for homesites. . Honcnt Sandy Loam, 2 to 8 Percent Slopes (HnC) Soils of the Honcut series consist of well drained soils on alluvial fans. These soils fanned in alluvium made up chiefly igneous rocks. The upper ten inches consist of dark brown (I OYR 3/3) sandy loam when dry and very dark brown (10 YR 2/3) sandy loam when moist. Honcut soils are used for dryland pasture and grain, and for irrigated citrus and truck crops. Rivenvash (RsC) RiverWash is on slopes of 0 to 8 percent in valley fills and on alluvial fans. These sandy, gravelJy, or cobbly areas lie in the beds of the major streams and larger creeks. Areas in the streambed are frequently flooded during the rainy season. Drainage is variable. This land is used as wildlife habitat and as a source of water. According to the SCS's publication, Hvdric Soils of the United States.4_one soil within the Project area, the Riverwash soil, is listed as hydric. The Riverwash soil (RsC) is also listed as a hydric soil by the Western Riverside County Soil Survey issued by the SCS. Two hydric soil components are listed for this soil. The components consist of soils within the Aquic suborder, , United States Department of Agriculture. Soil Conservation Service. 1991. Hvdric Soils of the United State~, 3rd Edition. Miscellaneous Publication Number 1491. (In cooperation with the National Technical Committee for . . Hydric Soils.) Lindsay Quackenbush Continental HomesID.R. Horton February 3, 2005 Page 4 . , . Aquic subgroups, Albolls suborder, Salorthids great group, Pell great groups of Vertisols. Pachic subgroups, or Cumulic subgroups that are somewhat poorly drained and have a frequently occuning water table at Jess than 0.5 feet from the surface for a significant period (usually more than two weeks) during the growing season and soils that are frequently flooded for a long duration or very long duration during the growing season. ,. In addition, the Hydric Soils List for Western Riverside County does identify Gorgonio loamy sand, channeled, 2 to 15 percent slopes (GkD) as a hydric soil when it is an inclusion of the Riverwash soil (RsC) and contains soils in the Aquic suborder. Aquic subgroups, Albolls suborder, Salorthids great group, Pell great groups of Vertisols, Pachic subgroups, or Cumulic subgroups that are somewhat poorly drained and have a frequently occurring water table at less than 0.5 feet from the surface for a significant period (usually more than two weeks) during the growing season and soils that are poorly drained or very poorly drained and have a frequently occurring water table at less than 0.5 feet from the surface for a significant period (usually more than two weeks) during the growing season if textures are coarse sand, sand. or fine sand in all layers within 20 inches, or for other soils. . The Gorgonio loamy sand, channeled, 2 to 15 percent slopes, soil is also considered hydric according to the National Food Security Act (NFSA) Manual when hydric landforms are located within the drainage way and consist of saturation and support woody vegetation under natural conditions and the Riverwash soil is considered hydric when it is located within a floodplain channel and supports woody vegetation under natural conditions and is seasonally flooded or ponded. II. JURISDICTION A. Armv COrDS of En!!ineers Pursuant to Section 404 of the Clean Water Act, the Corps regulates the discharge of dredged and/or fill material into waters ofthe United States. The term "waters of the United States" is defined in Corps regulations at 33 CFR Part 328.3(a) as: (J) All waters which are currently used. or were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb andflow of the tide: (2) All interstate waters including inlerstate wetlands: (3) All other waters such as intrastate lakes. rivers, streams (including intermitlent streams), mudflats. sandflats, wetlands, sloughs, prairie potholes. . r- ". . . Lindsay Quackenbush Continental HomesID.R. Horton February 3, 2005 Page 5 wet meadows, playa lakes, or natural ponds, the use, degradation or destruction of which could affect foreign commerce including any such waters: (i) Which are or could be used by interstate or foreign travelers for recreational or other purposes; or (ii) From which fish or shellfish are or could be taken and sold in interstate or foreign commerce; or (iii) Which are used or could be usedfor industrial purpose by industries in interstate commerce... (4) All impoundments of waters otherwise defined as waters of the United States under the definition; (5) Tributaries of waters identified in paragraphs (a) (1)-(4) of this section; (6) The territorial seas; (7) Wetlands adjacent to waters (other than waters that are themselves wetlands) identified in paragraphs (a) (1)-(6) of this section. Waste treatment systems, including treatment ponds or lagoons designed to meet the requirements ofCWA (other than cooling ponds as defined in 40 CFR 1l3.li(m) which also meet the criteria of this definition) are not waters of the United States. (8) Waters of the United States do not include prior converted cropland 5 Notwithstanding the determination of an area's status as prior converted cropland by any other federal agency,for the purposes of the Clean Water Act, the final authority regarding Clean Water Act jurisdiction remains with the EP A. In the absence of wetlands, the limits of Corps jurisdiction in non-tidal waters, such as intermittent streams, extend to the OHWM which is defined at 33 CFR 328.3(e) as: ...thatline on the shore established by thejluctuation of water and indicated by physical characteristics such as clear, natural line impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas. , The teon "prior converted cropland" is defined in the Corps' Regulatory Guidance Letter 90-7 (dated September 26, ] 990) as "wetlands which were both manipulated (drained or otherwise physically altered to remove excess water from the land) and cropped before 23 December] 985, to the extent that they no longer exhibit irriportant wetland values. Specifically, prior converted cropland is inundated for no more than 14 consecutive davs during the growing season...." [Emphasis added.] Lindsay Quackenbush Continental HomesID.R. Horton February 3, 2005 Page 6 . Pursuant to Article I, Section 8 of the U.S. Constitution, federal regulatory authority extends only to activities that affect interstate commerce. In the early 1980s the Corps interpreted the interstate commerce requirement in a manner that restricted Corps jurisdiction on isolated (intrastate) waters. On September 12,1985, EPA asserted that Corps jurisdiction extended to isolated waters that are used or could be used by migratory birds or endangered species, and the definition of "waters ofthe United States" in Corps regulations was modified as quoted above from 33 CFR 328.3(a). On January 9, 2001, the Supreme Court of the United States issued a ruling on Solid Waste Agency of Northern Cook County v. United States Army Corps of Engineers, et al. (SW ANCC). In this case the Court was asked whether use of an isolated, intrastate pond by migratory birds is a sufficient interstate commerce connection to bring the pond into federal jurisdiction of Section 404 of the Clean Water Act. The written opinion notes that the court's previous support of the Corps' expansion of jurisdiction beyond navigable waters (United States v. Riverside Bayview Homes, Inc.) was for a wetland that abutted a navigable water and that the court did not express any opinion on the question of the authority of the Corps to regulate wetlands that are not adjacent to bodies of open water. The current opinion goes on to state: . In order to rule for the respondents here, we would have to hold that the jurisdiction of the Corps extends to ponds that are not adjacent to open water. We conclude that the text of the statute will not allow this. Therefore, we believe that the court's opinion goes beyond the migratory bird issue and says that no isolated, intrastate water is subject to the provisions of Section 404(a) of the Clean Water Act (regardless of any interstate commerce connection). However, the Corps and EP A have issued a joint memorandum which states that they are interpreting the ruling to address only the migratory bird issue and leaving the other interstate commerce clause nexuses intact.. The tenn "wetlands" (a subset of "waters of the United States") is defined at 33 CFR 328.3(b) as "those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support...a prevalence of vegetation typically adapted for life in saturated soil conditions." In 1987 the Corps published a manual to guide its field personnel in detenniningjurisdictional wetland boundaries. In 1989 the Federal Interagency Committee for Wetland Delineation developed an updated methodology which was adopted by the Corps, U.S. Fish and Wildlife Service (USFWS), U.S. Environmental Protection Agency (EPA), and SCS . j' I I :. I \ I' I I I r' I' ! r' . Lindsay Quackenbush Continental Homes/D.R. Horton February 3,2005 Page 7 which replaced the 1987 Wetland Delineation Manua\.6 The use ofthis 1989 manual was perceived by many to excessively increase the jurisdictional limits of wetlands. After several congressional hearings, EPA, Corps, SCS, and USFWS published proposed 1991 revisions to the 1989 manua!.? A few days afterwards, the President signed the Energy and Water Development Appropriations Act of 1992 which, in effect, prohibits the use of the 1989 manua!. Because the 1991 proposed revisions to the 1989 manual have not yet been adopted, the only remaining valid methodology is the 1987 Wetland Delineation Manua\.s The methodology set forth in the 1987 Wetland Delineation Manual generally requires that, in order to be considered a wetland, the vegetation, soils, and hydrology of an area exhibit at least minimal hydric characteristics. While the manual provides great detail in methodology and allows for varying special conditions, a wetland should nonnally meet each of the following three criteria: . more than 50 percent of the dominant plant species at the site must be typical of wetlands (i.e., rated as facultative or wetter in the National List of Plant Species that Occur in Wetlands9); . soils must exhibit physical and/or chemical characteristics indicative of penn anent or periodic saturation (e.g., a gJeyed color, or mottles with a matrix oflow chroma indicating a relatively consistent fluctuation between aerobic and anaerobic conditions); and . hydrologic characteristics must indicate that the ground is saturated to within 12 inches of the surface for at least five percent of the growing season during a nonnal rainfall yearlO. 6 Federallnleragency Committee for Wetland Delineation. 1989. Federal Manual for Identifving and Delineating Jurisdictional Wetlands. U.S. Army Corps of Engineers, U.S. Environmental Protection Agency. U.S. Fish and Wildlife Service, and USDA Soil Conservation Service, Washington, DC Cooperative technical publication. 7 Government Printing Office. 1991. Federal Register, '"1989 Federal Manual for IdentifYing Jurisdictional Wetlands; Proposed Revisions.'" August 14, 1991, Vol. 56, No. 157, pp 40446-40480, · This delineation was performed using, where appropriate, the 1987 Wetland Manual. It is unlikely that any actions will be taken on a revised wetland manual in the near future. If a new manual is adopted, it may be necessary to review our delineation to determine its compliance with any changes set forth. 'Reed, P.B., Jr. 1988. National List of Plant Snecies that Occur in Wetlands. U.S. Fish and Wildlife Service Biological Report 88(26. I 0). . 10 For most oflaw-Iying southern California. five percent of the growing season is equivalent to 18 days. i , (' Lindsay Quackenbush Continental HomesID.R. Horton February 3, 2005 Page 8 . . r I, r B. Rel!ional Water Oualitv Control Board r , \ f' Subsequent to the SW ANCC decision, the Chief Counsel for the State Water Resources Control Board issued a memorandum that addressed the effects of the SW ANCC decision on the Section 40 I Water Quality Certification Program. I I The memorandum states: California's right and duty to evaluate certification requests under section 401 is pendant to {or dependent upon} a valid applicationfor a section 404 permit from the Corps, or another applicationfor afederallicense or permit. Thus if the Corps determines that the water body in question is not subject to regulation under the COE's 404 program,for instance, no applicationfor 401 certification will be required... The SWANCC decision does not affict the Porter Cologne authorities to regulate discharges to isolated, non-navigable waters of the states.... Water Code section 13260 requires "any person discharging waste, or proposing to discharge waste, within any region that could affect the waters of the state to file a report of discharge (an application for waste discharge requirements). " {Water Code S 13260{a){l} (emphasis added).) The term "waters of the state" is defined as "any surface water or groundwater, including saline waters, within the boundaries of the state." (Water Code J 13050(e}.) The u.s. Supreme Court's ruling in SWANCC has no bearing on the Porter-Cologne definition. While all waters of the United States that are within the borders of California are also waters of the state, the converse is not true-waters of the United States is a subset of waters of the state. Thus, since Porter-Cologne was enacted California always had and retains authority to regulate discharges of waste into any waters of the state, regardless of whether the COE has concurrent jurisdiction under section 404. The fact that often Regional Boards opted to regulate discharges to, e.g.. vernal pools, through the 401 program in lieu of or in addition to issuing waste discharge requirements (or waivers thereof) does not preclude the regions from issuing WDRs {or waivers ofWDRs} in the absence ofa requestfor 401 certification... . . In this memorandum the SWRCB's Chief Counsel has made the clear assumption that fill material to be discharged into isolated waters of the United States is to be considered equivalent " Wilson, Craig M. January 25, 200 I. Memorandum addressed to State Board Members and Regional Board Executive Officers. . r ~ t (' . ( r \ r l, ! . . . Lindsay Quackenbush Continental HomeslD.R. Horton February 3, 2005 Page 9 to "waste" and therefore subject to the authority of the Porter Cologne Water Quality Act. However, while providing a recounting of the Act's definition of waters of the United States, this memorandum fails to also reference the Act's own definition of waste: "Waste" includes sewage and any and aI/other waste substances, liquid, solid, gaseous, or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing, or processing operation, including waste placed within containers of whatever nature prior to, and for purposes of, disposal. The lack of inclusion of a reference to "fill material," "dirt," "earth" or other similar terms in the Act's definition of "waste," or elsewhere in the Act, suggests that no such association was intended. Thus, the Chief Counsel's memorandum signals that the SWRCB is attempting to retain jurisdiction over discharge of fill material into isolated waters of the United States by administratively expanding the definition of "waste" to include "fill material" without actually seeking amendment of the Act's definition of waste (an amendment would require action by the state legislature). Consequently, discharge offill material into waters of the State not subject to the jurisdiction of the Corps pursuant to Section 404 of the Clean Water Act may require authorization pursuant to the Porter Cologne Act through application for waste discharge requirements (WDRs) or through waiver of WDRs, despite the lack of a clear regulatory imperative. C. California Denartment of Fish and Game Pursuant to Division 2, Chapter 6, Sections 1600- I 603 of the California Fish and Game Code, the CDFG regulates all diversions, obstructions, or changes to the natural flow or bed, channel, or .bank of any river, stream, or lake which supports fish or wildlife. CDFG defines a "stream" (including creeks and rivers) as "a body of water that flows at least periodically or intermittently through a bed or chalUlel having banks and supports fish or other aquatic life. This includes watercourses having surface or subsurface flow that supports or has supported riparian vegetation." CDFG's definition of "lake" includes "natural lakes or man-made reservoirs.11 CDFG jurisdiction within altered or artificial waterways is based upon the value of those waterways to fish and wildlife. CDFG Legal Advisor has prepared the following opinion: Lindsay Quackenbush Continental HomesID.R. Horton February 3, 2005 Page II . c. CnFG Jurisdiction No CDFG jurisdiction is associated with the Temecula Lane Project. The Project site is located just south ofTemecula Creek, a CDFG jurisdictional stream, however no impacts to CDFG jurisdiction will occur as a result of the Project. Vegetation found within the Project area consists of non-native ruderal species such as horehound (Marrubium vulgare) and gum species (Eucalyptus spp.). Native vegetation within the development footprint is dominated by mule fat (Baccharis salicifolia). No soil pits were taken as part of this project since no CDFG jurisdiction is present. IV. DISCUSSION A. ImDact Analvsis l"IL.w"d~~~1.B,".""Ii~Io~..i.LllUoW.l.l~_ 1. Impacts to Corps Jurisdictional Waters . No Corps jurisdictional waters or wetlands are associated with the Temecula Lan(? Project. The Project site is located just south ofTemecula Creek, a Corps jurisdictional intermittent stream, however no impacts to Corps jurisdictional waters will occur as a result of the Project. Therefore, no impacts to Corps jurisdictional waters will occur and no Corps permit is required pursuant to Section 404 of the Clean Water Act. If the applicant revises the Project and propose impacts to Temecula Creek, a Corps Section 404 Permit will be required for impacts to Corps jurisdictional waters. 2. Impacts to CnFG Jurisdiction No CDFG jurisdiction is associated with the Temecula Lane Project. The Project site is locate just south of Temecula Creek, a CDFG jurisdictional stream, however no impacts to CDFG jurisdiction will occur as a result of the Project. Therefore, no CDFG Section 1602 Streambe Alteration Agreement is required for this project. If the applicant revises the Project and proposes impacts to Temecula Creek, a CDFG Section 1602 Streambed Alteration Agreeme will be required for impacts to CDFG jurisdiction. . ," I 1 , . l ;.. r . . Lindsay Quackenbush Continental HomesfD.R. Horton February 3, 2005 Page 12 If you have any questions about this letter report, please contact me at (949) 837-0404, Ext. 20. Sincerely, GLENN LUKOS ASSOCIATES, INC. ?i:U( P Martin A. Rasnick Regulatory Specialist s: 0237-1 la.rpt . ATTACHMENT C Federal Emergency Management Agency Letter . . RID P12004104.0496 Temecula LanelCEQA Initial Study 200S.doc 62 r r- I :- , I I. [' [ r I r l [ '. . Federal Emergency Management Agency Washington, D.C. 20472 January 12, 2005 TIlE HONORABLE JEFF STCNE MAYOR, CITY OFTEMECULA P,O. BOX 9033 TEMECULA. CA 92589.9033 CASE NO.: OS-69-02t7C COMMUNITY: CITY OFTEMECULA, RIVERSIDE COONTY, CALIFORNIA COMMUNITY NO.: 060742 DEAR MAYOR STONE: This is in reference to a request that the Federal Emergency Management Agency (FEMA) detennine if the property described in the enclosed docwnent is located within an identified Special Flood Hazard Area, the area that would be inundated by the flood having a I-percent chance of being equaled or exceeded in any given year (base flood), on the effective National Flood Insurance Program (NFIP) map, Using the information submitted and the effective NFIP map, our detennination is ShoWll on the attached Conditional Letter of Map Revision based on Fill (CLOMR-F) Conunent Document. llis conunent document provides additional information regarding the effective NFIP map, the legal description of the property and our conunents regarding this proposed project. Additional documents are enclosed which provide information regarding the subject property and CLOMR-Fs, Please see the List of Enclosures below to determine which documents are enclosed. Other attachments specific to this request may be included as referenced in the Detennination/Comment docwnenl If you have any questions about this letter or any of the enclosures, please contact the FEMA Map Assistance Center toll free at (877) 336-2627 (877-FEMA MAP) or by letter addressed to the Federal Emergency Management Agency, 3601 Eisenhower Avenue, Suite 600, Alexandria, VA 22304-6439. Sincerely, " ~ Doug Bellomo, P oR, CFM, Chief Hazard Identification Section, Mitigation Division Emergency Preparedness and Response Directorate LIST OF ENCLOSURES: CLOMR.FCOMMENT DOCUMENT cc: Mr. David S. Smith r' I [' Page1of5 !Date: January 12,2005 lease No.: 05-0~217C CLOMR-F [' Federal Emergency Management Agency Washington, D.C, 20472 . r CONDITIONAL LETTER OF MAP REVISION BASED ON FILL COMMENT DOCUMENT r- COMMUNITY AND MAP PANEL INFORMATION COMMUNITY ICOMMUNlTY NO,: 060742 NUMBER: 060742oo10B CITY OF TEMECULA. RIVERSIDE COUNTY, CALIFORNIA LEGAL PROPERTY DESCRIPTION Proposed Temecula Lane, Tract No. 31946, Riverside County, California l'. AFFECTED NAME: CITY OF TEMECULA, R1VmsIDE MAP PANEL COUNlY, CAUFCRNlA IDATE: 11/2011996 FLOODING SOURCE: TEMECULA CREEK IAPPROlIIMATE LATITUDE & LONGrTUDE OF PRCPERTY: 33.471, -117.114 SOORCE OF LAT & LONG: PRECISION MAPPING STREETS 7.0 DATUM: HAD 83 COMMENT TABLE REGARDING THE PROPOSED PROPERTY (PlEASE NOTE THAT THIS IS NOT A FiNAl DETERMINATION. A FiNAl DETERMINATION WILL BE MADE UPOII RECEIPT OF AS-BUIL T INFORMATION REGARDING THIS PROPERTY. OUTCOME 1% ANNUAL LOWEST . ww. T WOULD CHANCE ADJACENT BE REMOVED FLOOD FLOOD GRADE FROM THE ZONE ELEVATION ELEVATION SFHA (NGVD 29) (NGVD 29) LOT BLOCK! SECTION SUBDMSION STREET LOWEST LOT ELEVATION (NGVD 29) . 1-8 Tract 31946 Structure (Triplex) X (shaded) 1022.7 feet 1023,3 feet Special Flood Hazard Area (SFHA)- TheSFHA is an area that would be inundated by the flood having a 1-percent chance of being equaJed or exceeded in any given year(baseflood~ ADDITIONAL CONSIDERATIONS (Please refer 10 the appropriate sectlon on Attachmenll for the addiDonal considerations Ilsled below.) DETERMINATION TABLE (CONTINUED) REVISED BY LETTER OF MAP REVISION PORTIONS REMAIN IN THE SFHA ZONE A CONDITIONAL LOMR-F DETERMINATION This document provides the Federal Emergency Management Agency's comment regarding a request for a Conditional Letter of Map Revision based on Fill for the property desaibed above. Using the infonnation submitted and the effective National Flood Insurance Program (NFIP) map. we have detennlned that the proposed struclure(s) on the property(les) would not be located in the SFHA. an area Inundated by the flood having 8 i-percent chance of being equaled or exceeded in any given year (base flood) if built as proposed. Our final determination will be made upon r~ipl of a copy of this document, .s-built elevaDons. and a completed Communily Acknowledgement form. Proper completion of this form certifies the SUbject property Is reasOnably safe from flooding In accordance with Part 65.5(aX4) of our regulatfons. Further guidance on determining jf the subject property is reasonably safe from fioodlng may be found In FEMA Technical Bulletin 10-01. A copy of this bulletin can be oblalned by calling the FEMA Map Asslslance Cenler loll free at (877) 336-2627 (877-FEMA MAP) or from our web site at http://wMv.fema.gov/mlt!tb1001.pdf.Thls document is not a final detenninatlon: it only prOvides our comment on the proposed project In relaDon 10 the SFHA shown on the effective NFIP map, this comment document Is based on the flood data presenUy a....allable. The endosed documents provide addltlonallnformatfon regarding this request. If you have any questions about this document. please contact the FEMA Map Assistance Center toll free at (877) 336-2627 (877-FEMA MAP) or by letter addressed to the Federal Emergency Management Agency, 3601" Eisenhower Avenue, Suite 600. Alexandria. VA 22304-6439. , --- ---;t: If-- Doug Bellomo, P,E.. CFM. Chief Hazard Identification Section, Mitigation Division Emergency Preparedness and Response Directorate Version 1.3.3 1029299.1 CLOMR.F.ML097520217 . This attachment provides additional information regarding this request If you have any questions about this attachment please contact the FEMA Map .-,stance Center toll free at (877) 336-2627 (877-FEMA MAP) or by letter addressed to the Federal Emergency Management Agency, 3601 Eisenhower nUB, Suite 600, Alexandria, VA 22304-6439. ,~--~ Doug Bellomo, P .E., CFM, Chief Hazard Identification Section, Mitigation Division Emergency Preparedness and Response Directorate Version 1.3.3 1029299.1ClOMR-F-ML097520217 J r' I r Page3of5 100te: January 12, 200S ICase No.: 0S.09-0217C CLOMR-F r Federal Emergency Management Agency Washington, D.C. 20472 . r CONDITIONAL LETTER OF MAP REVISION BASED ON FILL COMMENT DOCUMENT r- ATTACHMENT 1 (ADDITIONAL CONSIDERATIONS) t DETERMINATION TABLE (CONTINUED) OUTCOME 1% ANNUAL LOWEST LOWEST r WWlT WOULD CHANCE ADJACENT LOT BLOCK! BE REMOVEO FLOOD FLOOD GRADE ELEVATION LOT SUBDIVISION STREET SECTION FROM THE ZONE ELEVATION ELEVATION (NGVD 29) SFt!'. (NGVD29) (NGVD29) r' r 35- Tracl31946 Structure X (shaded) 1027,0 feet 1027,0 feet , . 39 (Residence) r - 40- Tract 31946 Structure X (shaded) 1027,9 feel 1028.0 feet 45 (Residence) 46- Tract 31946 Structure X (shaded) 1028.4 feet 1028,5 feet 55 (Residence) 56- Tract 31945 Structure X (shaded) 1026,6 feel 1027.0 feet 65 (Residence) 66- Tract 31946 Structure X (shaded) 1028,8 feet 1029,5 feet . 96 (Residence) PORTIONS OF THE PROPERTY REMAIN IN THE SFHA (This Additional Consideration applies to the preceding 18 Properties.) Portions of this property, but not the subject of the Determination/Comment document, may remain in the Special Flood Hazard Area, Therefore, any future construction or substantial improvement on the property remains subject to Federal, State/Commonwealth, and local regulations for floodplain management. CONDITIONAL LOMR-F DETERMINATION (This Additional Consideration applies to the preceding 18 Properties.) Comments regarding this conditional request are based on the flood data presently available. Our final determination will be made upon receipt of this Comment Document, certified as-built elevations and/or certlfiedas.built survey. Since this request is for a Conditional Letter of Map Revision based on Fill, we will also require the applicable processing fee, and the "Community Acknowledgement" form. Please note that additional items may be required before a final as-built determination is issued. This letter does not relieve Federal agencies of the need to comply with Executive Order 11988 on Floodplain Management In carrying out their responsibilities and providing Federally undertaken, financed, or assisted construction and improvements. or In their regulating or licensing activities. REVISED BY LETTER OF MAP REVISION (This Additional Consideration applies to the preceding 18 Properties.) The effective National Flood Insurance Program map for the subject property, has since been revised by a letter of Map this attachment provides additional information regarding this request If you have any.questions about this attachment. please contact the FEMA Map Assistance Center toll free at (877) 336-2627 (B77-FEMA MAP) or by letter addressed to the Federal Emergency Management AgenOf. 3601 Eisenhower Avenue, Suite 600, A1exandrla. VA 22304-6439. ,~ ~I DOU9 Bellomo, P,E" CFM, Chief Hazard Identification Section, Mitigation Division Emergency Preparedness and Response Directorate Version 1.3.3 . 1029299,1CLOMR-F.ML097520217 J r I ( fige40f5 r~ I Date: January 12, 2005 lease No.: 05-09-0217C CLOMR-F Federal Emergency Management Agency Washington, D.C. 20472 r CONDITiONAL lETTER OF MAP REVISION BASED ON Fill COMMENT DOCUMENT [~ ATTACHMENT 1 (ADDITIONAL CONSIDERATIONS) ". Revision (LOMR) dated 2/4/2004, The 2/4/2004, LOMR has been used in making the determination/comment for the subject property. r- . DETERMINATION TABLE (CONTINUED) OUTCOME 1% ANNUAL LOWEST LOWEST WHATWOULO CHANCE ADJACENT LOT STREET BE REMOVEO FLOOD FLOOD GRADE ELEVATION FROM THE ZONE ELEVATION ELEVATION (NGVD 29) SFfIoI (NGVD29) (NGVIl29) Structure X (shaded) 1029,5 feel 1029,S feet (Residence) r' LOT BLOCK! SUBDIVISION SECTION 1., f' 10- Tract 31946 21 PORTIONS OF THE PROPERTY REMAIN IN THE SFHA (This Additional Consideration applies to the preceding 1 o Property.) Portions of this property. but not the subject of the Determination/Comment document. may remain in the Special Flood Hazard Area. Therefore, any future construction or substantial improvement on the property remains subject to Federal, _ate/commonWealth, and local regulations for floodplain management. CONDITIONAL LOMR-F DETERMINATION (This Additional Consideration applies to the preceding 1 Property.) Comments regarding this conditional request are based on the flood data presently available. Our final determination will be made upon receipt of this Comment Document, certified as-built elevations and/or certified as-built survey. Since this request Is for a Conditional Letter of Map Revision based on Fill, we will also require the applicable processing fee, and the "Community Acknowledgement" form, Please note that additional items may be required before a final as-built determination is issued. This letter does not relieve Federal agencies of the need to comply with Executive Order 11988 on Floodplain Management In carrying out their responsibilities and providing Federally undertaken, financed, or assisted construction and improvements, or in their regulating or licensing activities, REVISED BY LETTER OF MAP REVISION (This Additional Conslderallon applies to the preceding 1 Property.) The effective National Flood Insurance Program map for the subject property, has since been revised by a Leller of Map Revision (LOMR) dated 2/412004. The 2/4/2004, LOMR has been used in making the determination/comment for the subject property, ZONE A (This Addlllonal Consideration applies to the preceding 1 Property.) The National Flood Insurance Program map affecting this property depicts a Special Flood Hazard Area that was determined using the best flood hazard data available to FEMA, but without performing a detailed engineering analysis, The flood elevation used to make this determination is based on approximate methods and has not been formalized through the standard process for establishing base flood elevations published in the Flood Insurance Study. This flood elevation Is ThIs attachment provIdes addltlonallnfonnatlon regarding this request If you have any Questions about this attachment, please contact the FEMA Map .I'tance Center toll free at (877) 336-2627 (877-FEMA MAP) or by letter addressed to the Federal Emergency Management Agency. 3601 Eisenhower nue, Suite 600. Alexandria. VA 22304-6439. . . i~ ~ _ Doug Bellomo. P.E" CFM. Chief Hazard Identification Section. Mitigation Division Emergency Preparedness and Response Directorate Version 1.3.3 1029299.1ClOMR-F-ML097520217 r i r Page 50f5 I Dale: January 12,2005 ICase No.: 05-09-0217C CLOMR.F Federal Emergency Management Agency Washington, D.C. 20472 r t. r CONDITIONAL LETTER OF MAP REVISION BASED ON FILL COMMENT DOCUMENT ATTACHMENT 1 (ADDITIONAL CONSIDERATIONS) r subject to change. r- I I' r- i ThIs attachment provides additional Information regarding thIs request If you have any questions about this attachment, please contact the FEMA Map Assistance Center toll free at (877) 336-2827 (877.FEMA MAP) or by lener addressed to the Federal Emergency Management Agency. 3601 Eisenhower Avenue, Suite 800, Alexandria. VA 22304-6439, ,~ ~bl Doug Bellomo. P.E., CFM, Chief Hazard IdentifICation Section, MItigation Division Emergency Preparedness and Response Directorate Version 1.3.3 1029299.1CLOMR.F-ML097520217 . . . 1. I i. . . . e -= B g go iii :;; '8 g i ;jj jjj ;; jjj .a ~i ~ t& i :! i!'" .s ~ t3 .a iglc.Js ;~ J .Jlg5l'::l "'~ ~~ j~~i I~ 86 18!!ia.~f~18f!1 ..11~l! illll ~ """ t t= l..1- I I" , I~<(I N'" ;g& "'~ 15.: O:::J ~~ .sOlI ",,'" o..e ....0 Co> u OJ E Gl '5 I/) es :::c I/) :ii 5 'j "'- 0lI :ii >- - '2 .;:; :;; o I 1 ~; , I~ al I _! a I ~ J I ~ . t ~ ~ ; jPl~ ~ i.q 'i ': pl&~! ! ;!! i!\ 8 '; i Jl i .i - l ~ <lI . j ~ ',= ~IJ]JJjil!Jjlll~ JIIIII 1~~,"llllfil ';: ~: . .. i I !!~i ~ . I ~ ~ ld~ i 8 II 11 .5 ,g ! ~ .II j ~~ e :!! lD"D 0;:: p I1J ...!! j a; D i 9;.li Q:! m!8llllll~ " I ~ ~~f~l~I'f:~it i:~'\F ,^ ..,>" W- I ; ~ f l :> .. l S ~ 3 me '<I J: :1 .3P:;:;j ^/~~~ m,P . ~ ~%!I , ., ,'. / ',6f i}j:~( ~ :;.:~.t'.:'"J,f" ,~,.,,?,.:,:.~\,',' """'; ++~ ~ .,... I"" .a'~ ./~;;7T' ^, .~,. \. ,/ " .. ,...;':U . .. ' : J:>---'/,'j'1.':"!-"'" '.,...."" ,,:' . ,:;..~! ~<.::-::~ _ _=-=.-===,,::===_'::::-C:= ::.' ~:&P:-:'_ 'H l ///::S:^5i:1/" ;:::/.i,fL", ,.~ ~ :,.' ' ,,:,'ii..!j1:)il,;,'j;Hlil'; ji[;i;dr!:dW . Pr,';"',.;, , ~ 5 ~'" olJ \gS d.. z u S't lfa.. ..,... c '" c o :;:; '" .. l!l. ~ a.. Co) :c (I) :E s= .. 'i .!!! ~ ! '" 'C .2l 13 . . . . . . ATTACHMENT NO.2 TEMECULA VALLEY SCHOOL DISTRICT LETTER R:IT M\2004\04-0490 31946 Temecula LanelMEMO to PC,doc 5 - --~--, " . -.. .-. ".. ..- .., - . ..~ ~ ~. - --, -_._--~--. - ",',--' ..~--~ _"'__'__'__~~~______4. __.................. ,.-. .~ .. . ' -_..._,.._~--- ROARD OF E'DUCATION . f.'''--'''' "'''-'~-_.._-.,__.__~...:_._..._.",._"_,,., ; ~ ! .. SUPERINTENDENT David B. Allmen DI:L 2 I 2005 "U. u L.; December 16, 2005 8y Ms. Christine Damko City of Temecula - PI3Ill1ing Department P.O. Box 9033 Temecula, CA 92589-9033 RE: D.R. Horton, Continental- Temecula Lane: Tract 31946, 429 New Homes (Enclave - 96 SFD, Reflections - 236 SF A, Bungalows - 97 SFD) Dear Ms, Damko: . The Temecula Valley Unified School District has been following the Temecula Lane project since it first received information from the City of Temecula. This project of approximately 429 new homes has been included in all student emollment projections for the upcoming 2006/07 school year and will continue to be part of future school year figures until the project is complete. As you know, the District is in the process of constructing a new school, Temecula Luisefio Elementary School, within the Wolf Creek community. This school, as with all of our new elementary schools, is constructed to serve approximately 1,200 elementary students. The Temecula Lane development is located in an area which will be served by one of three District elementary schools, Joan F. Sparkman, Red Hawk or the new Temecula Luisefio Elementary Schools. The District anticipates being able to service all new elementary students from this project without the need for relocatable classroom buildings on the new Temecula Luisefio Elementary School site. The middle and high school students from this tract will also be accommodated at Erie Stanky Gardner and Great Oak High Schools without the need for relocatable classrooms on either of those sites. if you have any questions or concerns, please do not hesitate to contact me at (951)506-7915. Sincerely, _d~'~~ Shirley Cordner Coordinator Facilities Pl3lll1ing cc: Mr. Lindsay Quackenbush D.R. Horton, Continental Residential Inc, 5927 Priestly St. Suite 200 Carlsbad, CA 92008 . 31350 Rancho Vista Road, I Temecula, CA 92592/ (951) 676-2661 Robert Brown Stewart Morris Kenneth Ray Richard Shafer Barbara Tooker . . . ATTACHMENT NO.3 PC RESOLUTION 06_ R\T M\2004\04.0490 31946 Temecula LanelMEMO to PC.doc 6 . . . PC RESOLUTION NO. 06-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA04-0490, VESTING TENTATIVE TRACT MAP; PA04- 0491, CONDITIONAL USE PERMIT; AND PA04-0492, DEVELOPMENT PLAN (PRODUCT REVIEW) FOR THE DEVELOPMENT OF 96 SINGLE-FAMILY UNITS, 96 TRI-PLEX UNITS, AND 236 FOUR-PLEX UNITS (428 TOTAL UNITS) LOCATED AT THE NORTH EASTERN CORNER OF THE INTERSECTION OF LOMA LINDA ROAD AND TEMECULA LANE WHEREAS, Continental Residential Inc" filed Planning Application No.'s PA04-0490, PA04-0491, and PA04-0492, in a manner in accord with the City of Temecula General Plan and Development Code; WHEREAS, Planning Application Nos. PA04-0490, PA04-0491, and PA04-0492 were processed including, but not limited to a public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission, at a regular meeting, considered Planning Application No.'s PA04-0490, PA04-0491, and PA04-0492 on December 14, 2005, and on January 18, 2006 at duly noticed public hearings 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; WHEREAS, at the conclusion of the Planning Commission Hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No.'s PA04-0490, PA04-0491, and PA04-0492 subject to the conditions after finding that the project proposed in Planning Application No.'s PA04-0490, PA04-0491, PA04-0492 conformed to the City of Temecula General Plan and Development Code; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Findinas. The Planning Commission, in approving Planning Application No. PA04-0490 (Vesting Tentative Tract Map), PA 04-0491 (Conditional Use Permit), and PA 04-0492 (Development Plan) hereby makes the following findings as required by Section 17.05.01 OF of the Temecula Municipal Code: R:\T M\2004\04.0490 31946 Temecula LaneIDRAFT RESO AND COA'S.doc I Tentative Tract Map (Code Section 16.09.1400) A. The proposed subdivision and the design and improvements of the subdivision . are consistent with the Development Code, General Plan, the Subdivision Ordinance and the City of Temecula Municipal Code; Vesting Tentative Tract Map No. 31946 is consistent with the General Plan, the Subdivision Ordinance, the Development Code, and the Municipal Code because the project has been designed in a manner that it is consistent with the General Plan, Subdivision Ordinance, Development Code, and the Municipal Code. B. The tentative map does not propose to divide land, which is subject to a contract entered to pursuant to the California Land Conservation Act of 1965; This project is not located with the Williamson Act, and therefore does not propose to subdivide land that has been entered into an Agricultural Contract. C. The site is physically suitable for the type and proposed density of development proposed by the tentative map; The project consists of a 107-lot 428 total residential units) Vesting Tentative Tract Map on property designated for high density residential uses (a portion which should be affordable housing), which is consistent with the General Plan. 0, The design of the subdivision and the proposed improvements, with conditions of approval, will not be likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat; A Mitigated Negative Declaration was approved for the stockpile and grading permit, which addressed environmental impacts on the site. Mitigation measures (described in the Mitigation Monitoring Program), have been incorporated as conditions for this application, as appropriate. The application is consistent with the project description analyzed in the Mitigated Negative Declaration and no subsequent environmental review is necessary per Section 15162 of the Califomia Environmental Quality Act. E. The design of the subdivision and the type of improvements are not likely to cause serious public health problems; The project has been reviewed and commented on by the Fire Prevention Division and the Building & Safety Division. As a result, the project will be conditioned to address their concerns. Further, provisions are made in the General Plan and the Development Code to ensure that the public health, safety and welfare are safeguarded. The project is consistent with these documents. F. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible; The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible. Prior to the construction of single- family residences the applicant will be required to submit building plans to the Building Department that comply with the Uniform Building Code, which contains requirements for energy conservation. R:\T M\2004\04-0490 31946 Temecula Lane\DRAFT RESO AND COA'S.doc 2 . . . . . G. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. All required rights-of-way and easements have been provided on the Vesting Tentative Map. The Public Works Department and Community Services District have reviewed the proposed division of land and adequate conditions and/or modifications have been made to the Vesting Tentative Tract Map. H. (Quimby). The subdivision is consistent with the City's parkland dedication requirements Appropriate parkland dedication and in-lieu fees will be required as a Condition of Approval. Conditional Use Permit (Code Section 17.04.010.E) A. The proposed conditional use is consistent with the General Plan and the Development Code; The proposed conditional use is compatible with the nature, conditions and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings, or structures. According to Section 17.10.020.3 of the Development Code and Section H-36 of the General Plan, affordable residential housing is permitted in the Professional Office (PO) zone with an approved Conditional Use Permit. The development will set aside 86 of the 118 two-bedroom homes (20 percent of the total proposed units) located within the four-plex portion of the site for buyers with moderate incomes. This project is in compliance with the Government Code low income requirements and the Development Code. B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings, or structures; The proposed conditional use is compatible with adjacent land uses as defined in the General Plan. Staff has reviewed the proposed residential use against the adjacent land uses and has determined that the proposed use will be consistent with the surrounding uses. The area in which the project is to be located is near existing residential uses. The proposed use will not adversely affect any of the surrounding uses because the project proposes a residential use surrounded by existing residential uses. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in this Development Code and required by Planning Commission or Council in order to integrate the use with other uses in the neighborhood; The proposed project is consistent with the Development Code and Design Guidelines for the City of Temecula. Staff has reviewed the proposed project to determine consistency with the Development Code and has found that the project meets all of the applicable requirements. The site is adequate in size and shape to accommodate the proposed residential project without affecting the yard, parking and loading, landscaping, R:\T M\2004\04-0490 31946 Temecula Lane\DRAFT RESO AND COA'S.doc J and other development features required by the Development Code in order to integrate the use with other uses on the site and in the neighborhood. . D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; Staff has reviewed the proposed residential use and found that it will not be detrimental to the health, safety, or general welfare of the community. Fire Prevention has reviewed circulation and drive aisle widths and has determined that the site will able to be adequately served by the Fire Department in an emergency situation. Development Plan (Code Section 17.05.010F) 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 multi and single-family development is permitted in the Professional Office Use designation standards contained in the City's Development Code. The Development Code states that a residential use is permitted if affordable housing is provided on the portion of the project. The site is properly planned and zoned, and as conditioned, is physically suitable for the type and density of residential 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 fire and building codes. According to Section 17.10.020.3 of the Development Code and Section H-36 of the General Plan, affordable residential housing is permitted in the Professional Office (PO) zone with an approved Conditional Use Permit. The development will set aside 86 of the 118 two-bedroom homes (20 percent of the total proposed units) located within the four-plex portion of the site for buyers with moderate incomes. This project is in compliance with the Government Code low income requirements and the Development Code. . B. The overall development of the land is designed for the protection of the publiC health, safety, and general welfare; The overall design of the single-family homes and multi-family development, including the site, building, parking, circulation and other associated site improvements, is consistent with, and intended to protect the health and safety of those living and working in and around the site. The project has been reviewed for, and 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 consistent with the public health, safety and welfare. Section 3. Environmental Compliance. A Notice of Determination for Planning Application No.'s PA 04-0490, PA04-0491, and PA 04-0492 was prepared per the California Environmental Quality Act Guidelines Section 15162. In accordance with the California Environmental Quality Act, the proposed Project is exempt from further environmental review and a Notice of Determination will be issued in compliance with CEQA Section 15162 - Subsequent Negative Declaration, Section 4. Conditions. That the City of Temecula Planning Commission hereby . approves Planning Application No.'s PA04-0490, a Vesting Tentative Tract Map, PA04-0491, R:\T M\2004\04-Q490 31946 Temecula Lane\DRAFT RESO AND COA'S.doc 4 . . . Conditional Use Permit, and PA04-0492 a Development Plan (Product Review) for 428 residential units, subject to the conditions of approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference together with any other conditions that may be deemed necessary, R;\T M\2004\04.0490 31946 Temecul. LaneIDRAFT RESQ AND CQA'S,doc 5 Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 18th day of January 2006. David Mathewson, Chairman ATTEST: Debbie Ubnoske, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) 55 CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 06-_ 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 January 2006, by the following vote of the Commission: AYES: NOES: ABSENT: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R\T M\2004\04-0490 31946 Temecula Lane\DRAFT RESO AND COA'S.doc 6 . . . . . . EXHIBIT A DRAFT CONDITIONS OF APPROVAL R:\T M\2004\04-0490 31946 Temecula Lane\DRAFf RESO AND COA'S.doc 6 .- ------_..--... "- -_..~-_._----.---._-.,.------.- - - ... ~-------------.......... --- ----_.~-- - .,.-.,,:==-":::::'::~~"~~'::'. o~---=="- ..;;:..~~:::.:::..::- .-----.-"--- ..---- . ~___u. . . . EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA04-0490 Project Description: A Vesting Tentative Tract Map to create 96 residential home lots, one condominium lot for proposed four- plex units, one condominium lot for proposed tri- plexlsix-plex units, and nine open space lots located at the north eastern corner of the intersection of Lorna Linda Road and Temecula Lane. DIF Category: Residential (attached and detached) TUMF: Residential (single and multi-family) MSHCP Category: Residential Tentativ.e Tract No.: TM 31946 Approval Date: January 18, 2006 Expiration Date: January 18, 2009 WITHIN FORTY-EIGHT (48) HOURS OF THE APPROVAL OF THIS PROJECT Planning Department 1. The applicant shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty-Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Determination as provided under Public Resources Code Section 21108(b) and California Code of Regulations Section 15062. If within said forty-eight (48) hour period the applicant has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c). R:\T M\2004\04~0490 31946 Temecula Lane\DRAFf RESO AND COA'S.doc 7 . . . GENERAL REQUIREMENTS R:\TM\2004\04-0490 31946 Temecula Lane\DRAFf RESO AND COA'S.doc 8 . . . Planning Department 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. 3. The project and all subsequent projects within this site shall comply with all mitigation measures identified within the Negative Declaration for PA04-0496, and the approved Mitigation Monitoring Program (attached) thereof. 4. This approval shall in no way limit the City or other regulatory or service agencies from applying additional requirements and/or conditions consistent with applicable policies and standards upon the review of grading, building and other necessary permits and approvals for the project. 5. This approval shall be used within three (3) years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the three (3) year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. 6. The development of the premises shall substantially conform to the approved plans, contained on file with the Planning Department. 7. The applicant shall sign both copies of the final conditions of approval that will be provided by the Planning Department staff, and return one signed set to the Planning Department for their files. 8. Fire Hydrants shall be installed prior to the start of any construction at the site. 9. Driveway widths shall comply with the driveway width requirements per City Standards. In order to allow for adequate street parking, the driveway widths at curbs will be limited to 24' maximum. 10. If, during construction, cultural resources are encountered, work shall be halted or diverted in the immediate area while a qualified archaeologist evaluates the finds and makes recommendations. In addition, the developer will coordinate with the Pechanga Band of Luiseno Mission Indians to allow a representative of the Pechanga Band to monitor and participate in archaeological investigations if and when resources are R:\T M\2004\04-0490 31946 Temecula Lane\DRAFf RESO AND COA'S.doc 9 encountered, including participation in discussions regarding the disposition of cultural items and artifacts. . 11. The Owner shall, without economic or other contribution by the City, identify, construct and thereafter maintain not less than 86 of the two bedroom homes in the four-plex component units for and as affordable housing units. The term "affordable housing unit" shall have the same meaning as is set forth in the Temecula Municipal Code. The units shall be maintained as affordable units by means of a written agreement and covenanVdeed restriction that burdens the title to the subject property for the benefit of City, for the purpose of ensuring that the units are maintained as affordable for not less than 55 years. The form of agreement and covenanVdeed restriction shall, for the City, be subject to the approval of the City Manager and City Attorney. The agreement shall specify, in addition to all other terms deemed necessary by the City and Owner to effectuate the intent of the parties, that 86 of two bedroom units shall be maintained as affordable. The affordable units shall be allocated to the low income categories as defined in Health and Safety Code 950079,5. The Owner shall reimburse the City its reasonable cost of preparing the Agreements including attorney fees and staff time. No building permit shall be issued by the City for any of the development authorized by this Resolution until the Agreements have been executed by the parties and the covenanVdeed restriction submitted for recordation by the County of Riverside Recorder's Office. Fire Prevention . 12. Any and all previous existing conditions for this project will remain in full force and effect unless superceded by more stringent requirements here. 13. 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. 14. The Fire Prevention Bureau is required to set a minimum fire flow for residential land division per CFC Appendix III.A, Table A-III-A-1. The developer shall provide for this project, a water system capable of delivering 1500 GPM at 20 PSI residual operating pressure with a 2 hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (CFC 903.2, Appendix III.A) 15. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix III.B, Table A-III-B-1. Standard fire hydrants (6" x 4" x 2 1/2" outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 500 feet apart, at each intersection and shall be located no more than 250 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 . R:\T M\2004\04-0490 31946 Temccula Lane\DRAFf RESO AND COA'S.doc 10 . . . upgrade of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix III-B) 16. If construction is phased, each phase shall provide approved access and fire protection prior to any building construction. (CFC 8704.2 and 902.2.2) 17. Prior to building final, all locations where structures are to be built shall have approved Fire Department vehicle access roads to within 150 feet to any portion of the facility or any portion of an exterior wall of the building(s), Fire Department access roads shall be an all weather surface designed for 80,000 Ibs. GVW with a minimum AC thickness of .25 feet. (CFC sec 902 and Ord 99-14) 18. Fire Department vehicle access roads shall have an unobstructed width of not less than twenty-four (24) feet and an unobstructed vertical clearance of not less than thirteen (13) feet six (6) inches. (CFC 902.2.2.1 and Ord 99-14) 19. . Prior to building construction, dead end road ways and streets in excess of one hundred and fifty (150) feet which have not been completed shall have a turnaround capable of accommodating fire apparatus. (CFC 902.2.2.4) 20, Prior to building construction, this development, and any street serving more than 35 homes shall have two (2) points of access, via all-weather surface roads, as approved by the Fire Prevention Bureau. (CFC 902.2.1) 21. Prior to issuance of building permits, the developer shall furnish one copy of the water system plans to the Fire Prevention Bureau for approval prior to installation. 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. After the plans are signed by the local water company, the originals shall be presented to the Fire Prevention Bureau for signatures. The required water system including fire hydrants shall be installed and accepted by the appropriate water agency prior to any combustible building materials being placed on an individual lot. (CFC 8704.3,901.2.2.2 and National Fire Protection Association 241-4.1) 22. Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective Markers" shall be installed to identify fire hydrant locations. (CFC 901.4.3) 23. 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 firefighting personnel. (CFC 902.4) 24. Prior to map recordation the applicant shall submit to the Fire Prevention Bureau a georectified (pursuant to Riverside County standards) digital version of the map including parcel and street centerline information. The electronic file will be provided in a ESRI Arclnfo/ArcView compatible format and projected in a State Plane NAD 83 (California Zone VI ) coordinate system. The Bureau must accept the data as to completeness, accuracy and format prior to satisfaction of this condition. R:\T M\2004\04 0490 31946 Temecula Lane\DRAFf RESO AND COA'S.doc ]1 Community Services Department 25. All landscaped areas, open space, recreational facilities and amenities, entry monumentation and fencing shall be maintained by the Homeowners Association (HOA). . 26. The developer shall contact the TCSD Maintenance Superintendent for a pre-design meeting to obtain TCSD design specifications for the Class I multi-use trails along Temecula Creek, Loma Linda Drive and the east side of the project. 27. Construction of the future TCSD maintained Class I multi-use trails shall commence pursuant to a pre-construction meeting with the developer and TCSD Maintenance Superintendent. Failure to comply with the TCSD construction specifications/details, review and inspection process may preclude acceptance of the multi-use trails into the TCSD maintenance program. 28. The developer, the developer's successor or assignee, shall be responsible for the maintenance of the Class I multi-use trails until such time as those responsibilities are accepted by the TCSD or other responsible party. Public Works Department 29. It is understood that the Developer correctly shows on the tentative map all existing and proposed easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. 30. A Grading Permit for either rough or precise grading shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained road right-of-way. 31. 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. . 32, All improvement plans and grading plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. . R:\TM\2004\04-0490 31946 Temecula Lane\DRAFT RESO AND COA'S.doc 12 . . . PRIOR TO FINAL MAP RECORDING R,\T M\2004\04-0490 31946 Temecu]. LaneIDRAFrRESO AND COA'S,dnc 13 . . . Planning Department 33. The following shall be submitted to and approved by the Planning Department: a. A copy of the Final Map. b. A copy of the Covenants, Conditions, and Restrictions (CC&R's). i. CC&R's shall be reviewed and approved by the Planning Director. The CC&R's shall include liability insurance and methods of maintaining open space, recreation areas, parking areas, private roads, exterior of all buildings and all landscaped and open areas including parkways. ii. No lot or dwelling unit in the development shall be sold unless a corporation, association, property owner's group or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CC&R's which shall include compulsory membership of all owners of lots and/or dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit enforcement by the City for provisions required as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. Iii. Every owner of a dwelling unit or lot shall own as an appurtenance to such dwelling unit or lot, either (1) an undivided interest in the common areas and facilities, or (2) a share in the corporation, or voting membership in an association owning the common areas and facilities. Community Services Department 34. The developer shall satisfy the City's park land dedication requirement (Quimby) through payment of in-lieu fees equivalent to 4,12 acres of land. Said requirement includes a 25% credit for the private recreation facilities to be constructed within the development. The amount of the in-lieu fee shall be calculated by multiplying the required amount of park land by the City's then current appraised land valuation as established by the City Manager. 35, Public access easements and TCSD maintenance easements shall be dedicated on the final map for the Class I multi-use trails. The underlying ownership of the multi-use trails shall remain with the developer or successor. TCSD will accept the maintenance easements only after the construction is completed to the satisfaction of the Community Services Director. 36. Construction drawings for the Class I multi-use trails along Temecula Creek, Loma Linda Drive and the east side of the project shall be reviewed and approved by the Director of Community Services. R:\T M\2004\04-0490 31946 Temecula Lane\DRAFf RESO AND COA'S.doc 14 37. The developer shall post security and enter into an agreement to improve the Class I multi-use trails. . 38. TCSD shall review and approve the CC&R's. The CC&R's pertaining to the three (3) plex product shall include: a. The trash hauler will invoice the HOA for trash service. b. The location of the individual property owners' trash bins placement for servicing will be designated including an exhibit. Include how the residents and visitors will be notified of various restrictions and bin placement. c. After construction is completed the hauler will invoice the HOA for trash service for each unit regardless of occupancy. d. HOA will paint an address on each bin for residential identification. e. Address HOA enforcement of the trash collection issues. Public Works Department 39, As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. Rancho California Water District b. Eastern Municipal Water District Riverside County Flood Control and Water Conservation District City of Temecula Fire Prevention Bureau Planning Department Department of Public Works Riverside County Health Department Cable TV Franchise . c. d. e. f. g. h. i. Community Services District j. Verizon k. Southern California Edison Company I. Southern California Gas Company m. Department of Fish & Game n. Army Corps of Engineers The Developer shall design and guarantee construction of the following public improvements to City of Temecula General Plan standards unless otherwise noted. Plans shall be reviewed and approved by the Department of Public Works: a. Improve Loma Linda Road from Temecula Lane to Via Del Coronado (Principal Collector Highway Standards - 78' R/W) to include dedication of half-width street right-of-way, installation of half-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). 40. . R:\T M\2004\04-0490 31946 Temecula Lane\DRAFT RESO AND COA'S.doc 15 . Improve Temecula Lane from Loma Linda Road to westerly property boundary (Local Road Standards - 60' R/W) to include dedication of half-width street right- of-way plus six feet, installation of half-width street improvements plus six feet, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). Via Del Coronado (Collector Road Standards - 66' R/W) to include irrevocable offer of dedication for half-width street right-of-way. Provide an alignment study to show future connection. d. All street improvement design shall provide adequate right-of-way and pavement transitions per Caltrans standards for transition to existing street sections. b. c. 41. Unless otherwise approved the following minimum criteria shall be observed in the design of the street improvement plans: a. Street centerline grades sMII be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. b. Driveways shall conform to the applicable City Standard Nos. 207 and/or 207 A. c. Street lights shall be installed along the public streets shall be designed in accordance with City Standard No. 800, 801, 802 and 803. d. Concrete sidewalks shall be constructed in accordance with City Standard Nos. 400 and 401. Minimum centerline radii shall be in accordance with City Standard No. 113. All reverse curves shall include a 100-foot minimum tangent section. All street and driveway centerline intersections shall be at 90 degrees. All knuckles shall be constructed in accordance with City Standard No. 602. All units shall be provided with zero clearance garage doors and garage door openers if the driveway is less than 18 feet in depth from back of sidewalk. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided underground. Easements shall be provided as required where adequate right-af-way does not exist for installation of the facilities. All utilities shall be designed and constructed in accordance with City Codes and the utility provider. I. All utilities, except electrical lines rated 34kv or greater, shall be installed underground. e. . f. g. h. i. j. k. 42. Private roads shall be designed to meet City public road standards. Unless otherwise approved the following minimum criteria shall be observed in the design of private streets: a. . Improve Entry Streets "8" and "C" (Private Street - 70' RlE) to include installation of full-width street improvements, paving, curb and gutter, sidewalk, drainage facilities, utilities (including but not limited to water and sewer) and a 10 foot wide raised landscaped median. R:\T M\2004\04-0490 31946 Temecula Lane\DRAFfRESO AND COA'$.doc 16 j. b. Improve Entry Street "A" (Private Street - 60' RlE) to include installation of full- width street improvements, paving, curb and gutter, sidewalk, drainage facilities, utilities (including but not limited to water and sewer) and a 10 foot wide raised landscaped median. Improve Streets "I" and "R" thru "Y" (Single Family only) (Private Street - 46' RlE, 36' curb to curb) to include installation of full-width street improvements, paving, curb and gutter, sidewalk, drainage facilities, utilities (including but not limited to water and sewer). Improve Street "A" from Street "0" to Street "H" (Private Street - 34' RlE, 24' curb to curb) to include installation of full-width street improvements, paving, rolled curb and gutter, sidewalk, drainage facilities, utilities (including but not limited to water and sewer). Improve Streets "0" through Street "I" (Multifamily only) (Private Street - 34' RlE, 24' curb to curb) to include installation of full-width street improvements, paving, rolled curb and gutter, sidewalk, drainage facilities, utilities (including but not limited to water and sewer). Improve Street "P" through Street "R" (from Street "0" to Street "Q") (Private Street - 34' RlE, 24' curb to curb) to include installation of full-width street improvements, paving, rolled curb and gutter, sidewalk, drainage facilities, utilities (including but not limited to water and sewer). Improve Street "A" from Street "H" to Street "K" (Private Street - 3D' RlE, 24' curb to curb) to include installation of full-width street improvements, paving, rolled curb and gutter, one-sided sidewalk, drainage facilities, utilities (including but not limited to water and sewer). Improve Street "L" and Street "M" (Private Street - 3D' RlE, 24' curb to curb) to include installation of full-width street improvements, paving, rolled curb and gutter, one-sided sidewalk, drainage facilities, utilities (including but not limited to water and sewer). ' Improve Street"R" from Street "0" to Street "L" (Private Street - 3D' RlE, 24' curb to curb) to include installation of full-width street improvements, paving, rolled curb and gutter, one-sided sidewalk, drainage facilities, utilities (including but not limited to water and sewer). Improve Streets "J", "K", "N" and "0" (Private Street - 26' RlE, 24' curb to curb) to include installation of full-width street improvements, paving, rolled curb and gutter, drainage facilities, utilities (including but not limited to water and sewer). Knuckles being required at 90 'bends' in the road. Cul-de-sac geometries shall meet current City Standards. Minimum safe horizontal centerline radii shall be required (all centerline radii should be identified on the site plan). All intersections shall be perpendicular (90). c. d. e. f. g. h. i. k. I. m. n. A construction area Traffic Control Plan shall be designed by a registered Civil Engineer and reviewed by the Oepartment of Public Works for any street closure and detour or other disruption to traffic circulation as required by the Oepartment of Public Works. 43. R\T M\2004\04- 0490 31946 Temecula Lane\DRAFT RESO AND COA'S.doc 17 . . . . . . 44. Reliriquish and waive right of access to and from Temecula Lane on the Final Map with the exception of one (1) opening as delineated on the approved Tentative Tract Map. 45. Relinquish and waive right of access to and from Loma Linda Road on the Final Map with the exception of two (2) openings as delineated on the approved Tentative Tract Map. 46. Relinquish and waive right of access to and from Via Del Coronado on the Final Map as delineated on the approved Tentative Tract Map. 47. Corner property line cut off for vehicular sight distance and installation of peaestrian facilities shall be provided at all street intersections in accordance with Riverside County Standard No. 805. 48. All easements and/or right-of-way dedications shall be offered for dedication to the public or other appropriate agency and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the Department of Public Works. 49, Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is part of an existing Assessment District must comply with the requirements of said section. Prior to City Council approval of the Final Map, the Developer shall make an application for reapportionment of any assessments with appropriate regulatory agency. 50. Any delinquent property taxes shall be paid. 51. An Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the Final Map to delineate identified environmental concerns and shall be recorded with the map. 52. The Developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet recorded with any underlying maps related to the subject property. 53. A copy of the grading and improvement plans, along with supporting hydrologic and hydraulic calculations shall be submitted to the Riverside County Flood Control and Water Conservation District for approval prior to recordation of the Final Map or the issuance of any permit. A permit from Riverside County Flood Control and Water Conservation District is required for work within their right-of-way. 54. The Developer shall notify the City's cable TV Franchises of the Intent to Develop. Conduit shall be installed to cable TV Standards at time of street improvements. 55. Easements, when required for roadway slopes, landscape easements, drainage facilities, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted for review and recorded as directed by the Department of Public Works. On-site drainage facilities located outside of road right-of-way shall be contained within drainage easements and shown on the final map. A note shall be added to the final map stating "drainage easements shall be kept free of buildings and obstructions. " R:\T M\2004\04-0490 31946 Temecula Lane\DRAFf RESO AND COA'S.doc 18 . . . PRIOR TO GRADING PERMIT R:\T M\2004\04-0490 31946 Temecula Lane\DRAFr RESO AND COA'S.doc 19 . . . Planning Department 56. Exclusion fencing (orange snow screen) will be installed along the construction limits along the north property to prevent construction activities from infringing on. the Temecula Creek Conservation Area. 57. Manufactured slopes associated with the proposed site development shall not extend into the MSHCP conservation area. The Final Grading Plan shall be submitted to the City's MSHCP coordinator for approval. 58. Brush management to reduce fuel loads to protect urban uses (fuel modification zones) will occur only in the boundaries of the development. Fuel modification zones will not encroach in to the conservation area. 59. A copy of the Rough Grading plans shall be submitted and approved by the Planning Department. 60. 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. Public Works Department As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. Riverside County Flood Control and Water Conservation District b. Planning Department c. Department of Public Works a. Department of Fish and Game b. Army Corps of Engineers 62. A Grading Plan shall be prepared by a registered Civil Engineer in accordance with City of Temecula standards and approved by the Department of Public Works prior to commencement of any grading. The plan shall incorporate adequate erosion control measures to protect the site and adjoining properties from damage due to erosion. 61. 63. A Soils Report shall be prepared by a registered Civil or Soils Engineer and submitted to the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and preliminary pavement sections. 64. A Geotechnical Report shall be prepared by a registered engineer or engineering geologist and submitted to the Department of Public Works with the initial grading plan check. The report shall address special study zones and identify any geotechnical hazards for the site including location of faults and potential for liquefaction. The report shall include recommendations to mitigate the impact of ground shaking and liquefaction. R:\T M\2004\04-0490 31946 Temecula Lane\DRAFf RESO AND COA'S.doc 20 65. A Drainage Study shall be prepared by a registered Civil Engineer and submitted to the Department of Public Works with the initial grading plan check. The study shall identify storm water runoff quantities expected from the development of this site and upstream of the site. It shall identify all existing or proposed off-site or on-site, public or private, drainage facilities intended to discharge this runoff. Runoff shall be conveyed to an adequate outfall capable of receiving the storm water runoff without damage to public or private property. The study shall include a capacity analysis verifying the adequacy of all facilities. Any upgrading or upsizing of drainage facilities necessary to convey the storm water runoff shall be provided as part of development of this project. The basis for analysis and design shall be a storm with a recurrence interval of one hundred years. . 66. NPDES - The project proponent shall implement construction-phase and post- construction pollution prevention measures consistent with the State Water Resources Control Board (SWRCB) and City of Temecula (City) NPDES programs. Construction- phase measures shall include Best Management Practices (BMPs) consistent with the City's Grading, Erosion & Sediment Control Ordinance, the City's standard notes for Erosion and Sediment Control, and the SWRCB General Permit for Construction Activities. Post-construction measures shall be required of all Priority Development Projects as listed in the City's NPDES permit. Priority Development Projects will include a combination of structural and non.structural on site source and treatment control BMPs to prevent contaminants from commingling with stormwater and treat all unfiltered runoff year-round prior to entering a storm drain. Construction-phase and post-construction BMPs shall be designed and included into plans for submittal to, and subject to the approval of, the City Engineer prior to issuance of a Grading Permit. The project proponent shall also provide proof of a mechanism to ensure ongoing long-term maintenance of all structural post-construction BMPs. . 67. 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. 68. A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the Riverside County Flood Control and Water Conservation District by either cashier's check or money order, prior to issuance of permits, based on the prevailing area drainage plan fee. If the full Area Drainage Plan fee or mitigation charge has already been credited to this property, no new charge needs to be paid. 69. The site is in an area identified on the Flood Insurance Rate Maps. Prior to the approval of any plans, the Developer shall demonstrate that the project complies with Chapter 15.12 of the Temecula Municipal Code for development within Flood Zone "A". A Flood Plain Development Permit is required prior to issuance of any permit. Residential subdivisions shall obtain a Letter of Map Revision (LOMR) from the Federal Emergency Management Agency (FEMA) prior to occupancy of any unit. Commercial subdivisions may obtain a LOMR at their discretion. . R:\T M\2004\04-0490 31946 Temecula Lane\DRAFr RESO AND COA'S.doc 21 . . . PRIOR TO BUILDING PERMIT R:\T M\2004\04-0490 31946 Temecula Lane\DRAFf RESO AND COA'S.doc 22 . . . Planning Department 70. The applicant shall submit street lighting and signage plans to the Planning Director for final approval. Street lighting shall comply with the Specific Plan, Riverside County Mt. Palomar Lighting Ordinance, and the mitigation-monitoring program. Said lighting shall comply with the standards as set forth in the Mitigated Monitoring Program and install hoods or shields to prevent either spillage of lumens or reflections into the sky (lights must be downward facing). 71. Obtain street addresses from the Building Official prior to submittal of plans for plan review. 72. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, shown below, as allowed by City of Temecula Ordinance No. 94- 21, specifically Section G (1) of Riverside county Ordinance No. 457.73, for any site within one-quarter mile of an occupied residence. Monday-Friday: 6:30 a.m. - 6:30 p.m. Saturday: 7:00 a.m. - 6:30 p.m. No work is permitted on Sundays or Government Holidays 73. Prior to construction of the Model Home complex, the applicant shall apply for a Model Home complex permit. 74. A separate building permit shall be required for all signage. An appropriate method for screening the gas meters and other externally mounted utility equipment shall be reviewed and approved by the Planning Department. 76. All off-site graded areas shall be landscaped as approved by the Planning Director. 75. Fire Prevention 77. 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. 78. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial buildings per CFC Appendix III.A, Table A-III-A-1. The developer shall provide for this project, a water system capable of delivering 1500 GPM at 20 PSI residual operating pressure, plus an assumed sprinkler demand of 400 GPM for a total fire flow of 1900 GPM with a 2 hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (CFC 903.2, Appendix III-A) 79. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix III-B, Table A-III-B-1. A minimum number of hydrants, in a combination of on- site and off-site (6" x 4" x 2-2 1/2" outlets) shall be located on Fire Department access R:\T M\2004\Q4-0490 31946 Temecula Lane\DRAFf RESO AND COA'S.doc 23 roads and adjacent public streets. Hydrants shall be spaced at 500 feet apart, at each intersection and shall be located no more than 250 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 upgrade of existing fire hydrants may be required. (CFC 903.2, 903.4,2, and Appendix III-B) 80. If construction is phased, each phase shall provide approved access and fire protection prior to any building construction. (CFC 8704.2 and 902,2.2) 81. Prior to building construction, all locations where structures are to be built shall have approved temporary Fire Department vehicle access roads for use until permanent roads are installed. Temporary Fire Department access roads shall be an all weather surface for 80,000 Ibs. GVW. (CFC 8704.2 and 902.2.2.2) 82. Prior to building final, all locations where structures are to be built shall have approved Fire Department vehicle access roads to within 150 feet to any portion of the facility or any portion of an exterior wall of the building(s). Fire Department access roads shall be an all weather surface designed for 80,000 lbs. GVW with a minimum AC thickness of .25 feet. (CFC sec 902) 83. Fire Department vehicle access roads shall have an unobstructed width of not less than twenty-four (24) feet and an unobstructed vertical clearance of not less than thirteen (13) feet six (6) inches. (CFC 902.2.2.1) 84. Prior to building construction, dead end road ways and streets in excess of one hundred and fifty (150) feet which have not been completed shall have a turnaround capable of accommodating fire apparatus. (CFC 902.2.2.4) . 85. Prior to building construction, this development shall have two (2) points of access, via all-weather surface roads, as approved by the Fire Prevention Bureau. (CFC 902.2.1) 86. Prior to issuance of building permits, the developer shall furnish one copy of the water system plans to the Fire Prevention Bureau for approval prior to installation. 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. After the plans are signed by the local water company, the originals shall be presented to the Fire Prevention Bureau for signatures. The required water system including fire hydrants shall be installed and accepted by the appropriate water agency prior to any combustible building materials being placed on an individual lot. (CFC 8704.3, 901.2.2.2 and National Fire Protection Association 24 1-4.1) Community Services Department 87. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction debris. 88. Prior to the installation of arterial street lights on Loma Linda Road, Temecula Lane or issuance of building permits, whichever comes first, the developer shall file an application, submit an approved Edison street light plan and pay the appropriate fees to the TCSD for the dedication of street lights into the appropriate TCSD maintenance program. . R:\T M\2004\04-0490 31946 Temecula Lane\DRAFf RESO AND COA'$.doc 24 . . . Prior to the issuance of the 175'h residential building permit the Class I trail along Loma Linda Road shall be completed to the satisfaction of the Community Services Director. 90. Prior to the issuance of the 325'h residential building permit the Class I trails along the east side of the project and Temecula Creek shall be completed to the satisfaction of the Community Services Director. 89. Public Works Department 91. Prior to the first building permit, Final Map 31946 shall be approved and recorded. 92. A Precise Grading Plan shall be submitted to the Department of Public Works for review and approval. The building pad shall be certified by a registered Civil Engineer for location and elevation, and the Soils Engineer shall issue a Final Soils Report addressing compaction and site conditions. 93. Grading of the subject property shall be in accordance with the California Building Code, the approved grading plan, the conditions of the grading permit, City Grading Standards and accepted grading construction practices. The final grading plan shall. be in substantial conformance with the approved rough grading plan, 94. 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. 95. 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. R:\T M\2004\04-0490 31946 Temecula Lane\DRAFT RESO AND COA'S.doc 25 . . . PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY R:\TM\2004\Q4-0490 31946 Temecula Lane\DRAFT RESO AND COA'S.doc 26 . . . Planning Department 96. All ,of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. ' Fire Prevention 97. Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective Markers" shall be installed to identify fire hydrant locations. (CFC 901.4.3) 98. Prior to issuance of a Certificate of Occupancy or building final, approved numbers or addresses shall be provided on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall be of a ,contrasting color to their background. Commercial, multi-family residential and industrial buildings shall have a minimum twelve (12) inches numbers with suite numbers a minimum of six (6) inches in size, All suites shall gave a minimum of six (6) inch high letters and/or numbers on both the front and rear doors. Single family residences and multi-family residential units shall have four (4) inch letters and lor numbers, as approved by the Fire Prevention Bureau. (CFC 901.4.4) Community Services Department 99, It shall be the developer's responsibility to provide written disclosure of the existence of the TCSD and its service level rates and charges to all prospective purchasers. 100, The developer or his assignee shall submit, in a format as directed by TCSD staff, the most current list of Assessor's Parcel Numbers assigned to the final project. Public Works Department 101. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. Rancho California Water District b. Eastern Municipal Water District c. Department of Public Works 102. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by the Department of Public Works. 103. All improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of Public Works, 104. The existing improvements shall be reviewed. Any appurtenance damaged or broken due to the construction operations of this project shall be repaired or removed and replaced to the satisfaction of the Director of Public Works. R\T M\2004\04-0490 31946 Temecula Lane\DRAFf RESO AND COA'S.doc 27 . . . OUTSIDE AGENCIES R:\T M\2004\04-0490 31946 Temecula Lane\DRAFf RESO AND COA'S.doc 28 . . . 105. Comply with the Rancho Water District letter dated August 25, 2004 and provide them with a Reciprocal Easement and Maintenance Agreement to serve the on-site water facilities. 106. Comply with the Riverside County Flood Control and Water Conservation District dated September 20, 2005. Additional permits may be required prior to the construction of the project. 107. Comply with the Pechanga Cultural Resources letter dated November 10, 2005. By placing my signature below, I confirm that I have read, understand, and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Planning Department approval. Applicant's Signature Date Applicant's Printed Name R:\T M\2004\04-0490 31946 Temecula Lane\DRAFf RESO AND COA'S.doc 29 If fue protection is required, the customer will need to contact RCWD for fees and requirements. Linda M. Fregoso District Secretary! Administrative s.rn~Man",u Water availability would be contingent upon the property owner signing an c, Miohael Cowett Agency Agreement that assigns water management rights, if any, to RCWD. Best Best & Krieger UP G<lneral Counsel " @ Rancho Water Board of Direclorn John E. Hoagland President Csaba F. Ko Sr. Vice President Stephen J. Corona Ralph H. Daily Ben R. Drake Lisa D. Hel"DlaD Miehael R. McMiUan Officers; Brian J. Brady General Manager Phillip L Forbes Director of Finance-Treasurer E.P. "Bobft Lemons Director of Engineering Perry R. Louck Controller \ August 25, 2004 ~ "~;~\:\6'-fC~(:~"\ . '\ \ ,~ . '\\\; -- ~-~- "..,..-- '., -:. !:-.- ',- , ,:,' -- ~: Li j ',"f 2 "I 200,~ " r"U'l ./ . Matt Harris, Associate Planner City of Temecula Planning Department 43200 Business Park Drive Post Office Box 9033 TemecuIa, CA 92589-9033 r " \\JJ \e, . ',' .- t~.:.~~.:::;:;:-. , SUBJECT: WATER AVAILABILITY TENTATIVE TRACT NO. 31946 PORTION OF PARCEL NO.1 AND NO.2 OF PARCEL MAP NO. 8756; APN 961-010-016, APN 961-010-018, APN 961-010- 019, APN 961-010-020, AND APN 961-010-021, PROJECTS NO. PA04-0490, NO. PA04-0491, AND NO. PA04-0492 Dear Mr. Harris: Please be advised that the above-referenced properly is located within the boundaries of Rancho Califomia Water District (RCWD). Water service, therefore, would be available upon construction of any required on-site and/or off-site water facilities and the completion of financial arrangements between RCWD and the property owner. . A portion of this project is a condominium development with potential for individual building owners and a homeowners' association maintaining the common property and private water and fire protection facilities. As a condition of the project, RCWD requires that the City of TemecuIa include a Reciprocal Easement and Maintenance Agreement for these on-site private water facilities. If you should have any questions, please contact an Engineering Services Representative at this office. Sincerely, RANCHO CALIFORNIA WATER DISTRICT - ~I Mi ael . Meyerpeter, . Development Engineering anager ~, 041MM:at123\FCF c: Laurie Williams, Engineering Services Supervisor Rancho California Water District 42135 Winchester Road. Post Office Box 9017 . Temecula, California 92589.9017 . (951) 296.-6900 . FAX (951) 296 6860 WARREN D. WILLIAMS General Manager-Chief Engineer . . . (' 1995 MARKET STREET RIVERSIDE, CA 92501 951.955.1200 951.788.9965 FAX 102252_3 RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT September 20, 2005 Ms. Christine Darnko City ofTemecula Planning Department Post Office Box 9033 Temecula, CA 92589-9033 SEP 2 2 2005 Dear Ms. Darnko: Re: P A04-0490 - 0492 and P A 04-0496 The District does not normally recommend conditions for land divisions or other land use cases in incorporated cities. The District also does not plan check city land use cases, or provide State Division of Real Estate letters or other flood hazard reports for such cases. District comments/recommendations for such cases are normally limited to items of specific interest to the District including District Master Drainage Plan faCilities, other regional flood control and drainage facilities which could be considered a logical component or extension of a master plan system, and District Area Drainage Plan fees (development mitigation fees). In addition, information of a general nature is provided. The District has not reviewed the proposed project in detail and the following comment does not in any way constitute District approval or endorsement of the proposed project with respect to flood hazard, public health and safety or any other such issue. This proposed project is adjacent to facilities that could be considered regional in nature and/or a logical extension of Temecula Creek Channel. The District would consider accepting ownership of such facilities on written request of the City. Facilities must be constructed to District. staiJ,dards, mid DiStrict plan check MId inspection will be required for District acceptance. Plan check, inspection and administrative" fees will be required. GENERAL INFORMATION This project may require a National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. Clearance for grading, recordation or other final approval should not be given until the City has determined that the project has been granted a permit or is shown to be exempt. If this project involves a 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 (CLOMR) prior to grading, recordation or other final approval of the project, and a Letter of Map Revision (LOMR) prior to occupancy. .. , \ " 102252_3 Ms. Christine Darnko -2- Re: P A04-0490 - 0492 and P A 04-0496 September 20, 2005 . The applicant shall show written proof of compliance with the Multiple Species Habitat Conservation Plan (MSHCP) for any drainage facilities the applicant proposes to be maintained by the District. All applicable CEQA and MSHCP documents and permits shall address the construction, operation and maintenance of all onsite and off site drainage facilities. Draft CEQA documents shall be forwarded to the District during the public review period. If a natural watercourse or mapped floodplain is impacted by this project, the City should require the applicant to obtain all applicable Federal, State and local regulatory permits. These regulatory permits include, but are not limited to: a Section 404 PeI1ilit issued by the U.S. Army Corps of Engineers in coiTlpliance with section 404cif the Clean Water Act, a California State Department of Fish and Game Streambed Alteration Agreement in compliance with the Fish and Game Code Section 1600 et seq., and a 401 Water Quality Certification or a Report of Waste Discharge Requirements in compliance with Section 401 of the Clean Water Act or State Porter Cologne Water Quality Act, respectively, from the appropriate Regional Water Quality Control Board. The applicant shall also be responsible for complying with all mitigation measures as required under CEQA and all Federal, State, and local environmental rules and regulations. Very truly yours, ~~ ARTURO DIAZ Senior Civil Engineer . c: Riverside County Planning Department Attn: David Mares AM:blj . - PECtlANGA CULTURAL RESOURCES Temecula Band of Luisefio Mission Indians Chairperson: Germaine Arenas Vice Chairperson: Mary Bear Magee Post Office. Box 2183 . Temecula, CA 92593 Telephone (951) 308.9295. Fax (951) 506.9491 Committee Members; Raymond Basquez, Sr. Evie Gerber Darlene Miranda Bridgett Barcello Maxwell Director. Gary DuBois November 10,2005 Coordinator: . Paul Macarro Cultural Analyst: Stephanie Gordin Christine Damko City ofTemecula Planning Department 43200 Business Park Drive Temecula, CA 92590 Monitor Supervisor: Aurelia Marruffo Re: Comments on Temecula Lane Project (pA04-0490-0492 and PA 04-0496) Dear Ms. Damko: . This comment letter is submitted by the Pechanga Band of Luiseiio Indians (hereinafter, "Pechanga Tribe"), a federally recognized Indian tribe and sovereign government. The Pechanga Band requests that these comments as well as any subsequent comments submitted by the Pechanga Band be included in the record of approval for the Project. The Pechanga Tribe is formally requesting, pursuant to Public Resources Code ~21 092.2, to be notified and involved in the entire CEQA environmental review process for the duration of the above referenced project (the "Project"). THE TRIBE'S CONCERNS WITH THE PROJECT The Tribe has two primary concerns with the Project which it would like to see addressed by the City. First and foremost, this Project is close to a site which contains over 18 burials of human remains. Such information was not included or addressed in the Cultural Resources Survey. As such, adequate and 3pp,vp,;ate mitigation was not put into place. Further, it is the Tribe's understanding that the mass grading permit was processed separately, and as far as the Tribe is aware it was not notified of that application. Because of the proximity to the site with the burials, awarding the mass grading permit without 3ppwp,;ate environmental evaluation was imp'up~, by the City. THE LEAD AGENCY MUST INCLUDE AND CONSULT WITH THE TRIBE IN ITS REVIEW PROCESS Because of the culturally sensitive site, the Temecula Creek Village site which has been determined to be a significant site, lying in close proximity to the Project area, it is imperative that the City, as lead agency, as weIl as the applicant adequately consult with the Tribe. It has . Sacred Is The Duty Trusted Unto Our Care And With Honor We Rise To The Need Pechanga comment letter to the City ofTemecula RE: Comments on Temecula Lane Project Page 2 been the intent of the Federal Government1 and the State ofCalifornia2 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 such as approval of Specific Plans and EIRs. In this case, it is undisputed that the project lies within the Luisefio tribe's traditional territory. Therefore, in order to comply with CEQA and other applicable Federal and California law, it is imperative that the Lejld Agency and the Project applicant consult with the Tribe in order to guarantee an adequate basis of knowledge for an appropriate evaluation of the project effects, as well as generating adequate mitigation measures. Such consultation is especially important with regard to Projects such as this one which has the potential to impact Native American human remains_ PROJECT IMPACTS TO CULTURAL RESOURCES The Pechanga Tribe asserts that the Project area is part of the Pechanga Tribe's aboriginal territory, as evidenced by the existence of Luisefio place names, rock art pictographs, petro glyphs and extensive artifact records found in the vicinity of the Project. The Pechanga Tribe's primary concerns stem from the project's likely impacts on Native American culturaI resources. The Pechanga Tribe is concerned about both the p.v~"'v;:on of unique and irreplaceable culturaI resources, such as Luisefio village 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 Tribe would also like to point out that a preferred method of treatment for archeological sites according to the CEQA is avoidance (California Public Resources Code ~21083.1), and that this is in agreement with the Tribe's practices and policies concerning culturaI resources. 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. 1 See Executive Memorandum of April 29, 1994 on Government-to-Government Relations with Native American Tn'bal Governments and Executive Order of November 6, 2000 on Consultation and Coordination with Indian Tribal Governments. 2 See California Public Resource Code ~5097.9 et seq. Pechanga Cultural Resources' Temecula Band of Luiseiio 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: Comments on Temecula Lane Project Page 3 As was discussed above, the Project site lies in close proximity to the Temecula Creek Village site which is a sensitive archaeological village site in which multiple Native American human remain burials were encountered. As the City is aware, measures were taken in that Project to assure the appropriate treatment and protection of those burials. Further, the proximity of the Project to the creek channel makes the discovery of more human remains likely. While the Tribe understands that the intent is to leave the portion by the creek channel as open space, adequate mitigation and protection of the sensitive areas are necessary. Such conditions of approval should provide for the mass grading to be p....{vu..ed near the sensitive site in a manner which would allow for the greatest protection of any items or human remains uncovered during the mass grading. For this reason, additional mitigation language is requested prior to the Project being approved. The Tribe has been in contact with the Project applicant who has expressed its willingness to work with the Tribe to develop adequate mitigation measures and conditions of approval for the sensitive areas. REOUlRED MITIGATION Given this Project's close proximity to known cultural sites which were not adequately discussed in the initial cultural study, including a known village site, Pechanga requests the following be included as mitigation measures as well as conditions of approval which are required to be met prior to the issuance of grading permits, and the City should assure that the already issued mass grading permit adheres to the necessary conditions: I. The mass grading of the Project site shall be performed in a controlled manner, the specifics of which shall be determined in consultation between the project applicant/developer and the Pechanga Band of Luisefio Indians prior to issuance of grading permits or prior to project approval. 2. Prior to issuance of the grading permit, the developer shall enter into a Treatment Agreements with the Pechanga Tribe. This Agreement will address the treatment and disposition of cultural resources and human remains that may be encountered during construction. The Ay......ment will further contain provisions of tribal monitors and address compensation for the Native American monitors being paid by the developer. 3. The landowner agrees to relinquish ownership of all cultural resources, including archaeological artifacts found on the project site, to the Pechanga Band of Luisefio Indians for 1''''1'.... treatment and disposition to the extent authorized by the law. 4. Monitoring by a professional archaeologist and Pechanga Tribal monitors is required during all ground disturbing activities. The monitor's shall each have the authority to temporarily halt and/or divert grading equipment to allow for additional investigation as necessary. Pechanga Cultural Resources' Temecula Band of [uisefio 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 ofTemecula RE: Comments on Temecula Lane Project Page 4 5. If human remains are encountered, all activity shall stop and the County Coroner must be notified immediately. - All activity must cease until the County Coroner has determined the origin and disposition of said remains. The Coroner shall determine if the remains are prehistoric, and shall notify the State Native American Heritage Commission if applicable. Further actions shall be determined by the desires of the Most Likely Descendent. . 6. All sacred sites within the Project area are to be avoided and preserved. The Pechanga Tribe looks forward to working together with the City of Temecula, the applicant, and other interested agencies in protecting the invaluable Luisefio cultural resources found in the Project area If you have any questions, please do not hesitate to contact me at (951) 308-9295 or Laura Miranda at (951) 676-2768, Ext. 2137. Thank you for the opportunity to submit these comments. Sincerely, ~~ Stephanie Gordin Cc: Mr. Lindsey Quakenbush D.R. Horton 5927 Priestly Drive, Suite 200 Carlsbad, CA 92008 . Pechanga Cultural Resources' Temecula Band of Luisefio 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 . . . CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA04-0491, and PA04-0492 Project Description: A Conditional Use Permit and Development Plan (Product Review) for the development of 96 single- family units, 96 tri-plex units, and 236 four-plex units (428 total units) located at the northeastern .comer of the intersection of Lorna Linda Road and Temecula Lane. DIF Category: Residential (attached and detached) TUMF: Residential (single and multi-family) MSHCP Category: Residential Tentative Tract No.: TM 31946 Approval Date: January 18, 2006 Expiration Date: January 18, 2008 WITHIN FORTY-EIGHT (48) HOURS OF THE APPROVAL OF THIS PROJECT Planning Department 1. The applicant shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty-Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Determination as provided under Public Resources Code Section 21108(b) and California Code of Regulations Section 15062. If within said forty-eight (48) hour period the applicant has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c). R:\TM\2004\04-0490 31946 Temecula Lane\DRAFf RESO AND COA'S.doc 30 . . . GENERAL REQUIREMENTS RoW M\2004104.0490 31946 Temeoula LaneIDRAFf RESO AND COA'S.doc 31 . . . 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. 3. The applicant shall submit, to the Planning Department for permanent filing, two (2) 8" X 10" glossy photographic color prints of the color and Materials Boards and of the colored version of the approved colored architectural elevations. All labels on the Color and Materials Board, and Elevations shall be readable on the photographic prints. 4, The project and all subsequent projects within this site shall comply with all mitigation measures identified within the Negative Declaration for PA04-0496, and the approved Mitigation Monitoring Program (attached) thereof. 5. This approval shall in no way limit the City or other regulatory or service agencies from applying additional requirements and/or conditions consistent with applicable policies and standards upon the review of grading, building and other necessary permits and approvals for the project. 6. This approval shall be used within two (2) 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 (2) year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. 7. The Director of Planning may, upon an application being filed within thirty days prior to expiration and for good cause, grant a time extension of up to three one-year extensions of time, one year at a time. 8. All project-related lighting shall be directed so that no light or glare falls off the property boundary except along Temecula Lane, Loma Linda Road, as well as any trails. 9. Non-security lighting installed by individual homeowners shall not be located in such a manner as to directly illuminate any open space area along Temecula Creek. This requirement shall be incorporated into the CC&R's. 10. The development of the premises shall substantially conform to the approved plans, contained on file with the Planning Department. 11. The colors and materials for this project shall substantially conform to the approved colors and materials contained on file with the Planning Department, or as amended R\T M\2004\04-0490 31946 Temecula Lane\DRAFf RESQ AND COA'S.doc 32 herein. Any devjation from the approved colors and materials shall require approval of the Director of Planning. Staff may elect to reject the request to amend or substitute . materials and colors, 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. 12. The applicant shall sign both copies of the final conditions of approval that will be provided by the Planning Department staff, and return one signed set to the Planning Department for their files. 13. Applicant shall obtain the proper permits before construction, including Encroachment Permit from the Public Works Department for any work done in the City right-of-way, and Building Permit from the Building and Safety Department. 14. Fire Hydrants shall be installed prior to the start of any construction at the site. 15. Driveway widths shall comply with the driveway width requirements per City Standards. In order to allow for adequate street parking, the driveway widths at curbs will be limited to 24' maximum. 16. All lots shall be built in accordance with the Site Plans labeled as "Elevations". 17. If, during construction, cultural resources are encountered, work shall be halted or diverted in the immediate area while a qualified archaeologist evaluates the finds and makes recommendations. In addition, the developer will coordinate with the Pechanga Band of Luiseno Mission Indians to allow a representative of the Pechanga Band to monitor and participate in archaeological investigations if and when resources are encountered, including participation in discussions regarding the disposition of cultural items and artifacts. . 18. The Owner shall, without economic or other contribution by the City, identify, construct and thereafter maintain not less than 86 of the two bedroom homes in the four-plex component units for and as affordable housing units. The term "affordable housing unit" shall have the same rneaning as is set forth in the Temecula Municipal Code. The units shall be maintained as affordable units by means of a written agreement and covenant/deed restriction that burdens the title to the subject property for the benefit of City, for the purpose of ensuring that the units are maintained as affordable for not less than 55 years. The form of agreement and covenant/deed restriction shall, for the City, be subject to the approval of the City Manager and City Attorney. The agreement shall specify, in addition to all other terms deemed necessary by the City and Owner to effectuate the intent of the parties, that 86 of two bedroom units shall be maintained as affordable. The affordable units shall be allocated to the low income categories as defined in Health and Safety Code ~50079.5. The Owner shall reimburse the City its reasonable cost of preparing the Agreements including attorney fees and staff time. No building permit shall be issued by the City for any of the development authorized by this Resolution until the Agreements have been executed by the parties and the . R\T M\2004\04-0490 31946 Temecula Lane\DRAFf RESO AND COA'S.doc 33 . . . covenant/deed restriction submitted for recordation by the County of Riverside Recorder's Office. Building and Safety Department 19. All design components shall comply with applicable provisions of the 2001 edition of the California Building, Plumbing and Mechanical Codes; 2001 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. 20. The City of Temecula has adopted an ordinance to collect fees for a Riverside County area wide Transportation Uniform Mitigation Fee (TUMF). Upon the adoption of this ordinance on March 31, 2003, this project will be subject to payment of these fees at the time of building permit issuance. The fees shall be subject to the provisions of Ordinance 03-01 and the fee schedule in effect at the time of building permit issuance. 21. Submit at time of plan review, a complete exterior site lighting plans showing compliance with Ordinance No. 655 for the regulation of light pollution. All street-lights 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 directed so as not to ' shine directly upon adjoining property or public rights-of-way. 22. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building & Safety Department to ensure the payment or exemption from School Mitigation Fees. 23. Obtain all building plans and permit approvals prior to commencement of any construction work. 24. Show all building setbacks. 25. Provide house electrical meter provisions for power for the operation of exterior lighting, fire alarm systems. For developments with multiple buildings, each separate building shall be provided with a house meter. 26. Provide an approved automatic fire sprinkler system. 27. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans. (California Disabled Access Regulations effective April 1,1998) 28. Compliance with the provisions of Senate Bill 1025, effective July 1, 2005, which modifies Chapter 11A of the California Building Code as it relates to multi-story non- elevator dwelling units, including condominiums and townhouse units, will be required. 29. Provide disabled access from the public way to the main entrance of the building. 30. Provide van accessible parking located as close as possible to the main entry. 31. Show path of accessibility from parking to furthest point of improvement. R:\T M\2004\04-0490 31946 Temecula Lane\DRAFf RESO AND COA'S.doc 34 32. Trash enclosures, patio covers, light standards, and any block walls if not on the approved building plans, will require separate approvals and permits. . 33. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, shown below, as allowed by the City of Temecula Ordinance No. 94-21, specifically Section G (1) of Riverside County Ordinance No. 457.73, for any site within one-quarter mile of an occupied residence. Monday-Friday 6:30 a.m. - 6:30 p.m. Saturday 7:00 a.m. - 6:30 p.m. No work is permitted on Sundays or Government Holidays Fire Prevention 34. 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 (CBe), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. The Fire Prevention Bureau is required to set a minimum fire flow for residential land division per CFC Appendix III.A, Table A-III-A-1. The developer shall provide for this project, a water system capable of delivering 1500 GPM at 20 PSI residual operating pressure with a 2 hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (CFC 903.2, Appendix III.A) 35. . 36. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix III.B, Table A-III.B-1. Standard fire hydrants (6" x 4" x 2 1/2" outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 500 feet apart, at each intersection and shall be located no more than 250 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 upgrade of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix III-B) 37. If construction is phased, each phase shall provide approved access and fire protection prior to any building construction. (CFC 8704.2 and 902.2.2) Community Services Department 38. All landscaped areas, open space, recreational facilities and amenities, entry monumentation and fencing shall be maintained by the Homeowners Association (HOA). 39. Multi-Family refuse service will be provided for the 4-plex units. The HOA will be billed directly by the trash hauler for this service. 40. Multi-family trash enclosures shall be large enough to accommodate a recycling bin, as well as a trash bin. Enclosures adjacent to sidewalks will require ramping at the curb to allow servicing. . R\T M\2004\04-0490 31946 Temecula Lane\DRAFf RESO AND COA'S.doc 35 . . . 41. Single family trash service will be provided for the 3-plex units and will be billed directly to the HOA. The placement of bins for servicing will not reduce the 24 feet wide clearance on the private roads needed for emergency vehicles. Trash bins will be serviced from sidewalks. 42. All costs associated with the relocation of any existing street lights shall be paid for by the developer. 43. The developer shall be subject to the Public Art Ordinance. 44. The developer shall contact the TCSD Maintenance Superintendent for a pre-design meeting to obtain TCSD design specifications for the Class I multi-use trails along Temecula Creek, Loma Linda Drive and the east side of the project. 45. Construction of the future TCSD maintained Class I multi-use trails shall commence pursuant to a pre-construction meeting with the developer and TCSD Maintenance Superintendent. Failure to comply with the TCSD construction specifications/details, review and inspection process may preclude acceptance of the multi-use trails into the TCSD maintenance program. 46. The developer, the developer's successor or assignee, shall be responsible for the maintenance of the Class I multi-use trails until such time as those responsibilities are accepted by the TCSD or other responsible party. 47. All landscaped areas, open space, recreational facilities and amenities, entry monumentation and fencing shall be maintained by the Homeowners Association (HOA). 48. The developer shall contact the TCSD Maintenance Superintendent for a pre-design meeting to obtain TCSD design specifications for the Class I multi-use trails along Temecula Creek, Loma Linda Drive and the east side of the project. 49. Construction of the future TCSD maintained Class I multi-use trails shall commence pursuant to a pre-construction meeting with the developer and TCSD Maintenance Superintendent. Failure to comply with the TCSD construction specifications/details, review and inspection process may preclude acceptance of the multi-use trails into the TCSD maintenance program. 50. . The developer, the developer's successor or assignee, shall be responsible for the maintenance of the Class I multi-use trails until such time as those responsibilities are accepted by the TCSD or other responsible party. 51. The developer shall contact the City's franchised solid waste hauler for disposal of construction debris. Only the City's franchisee may haul construction debris. Public Works Department 52, A Grading Permit for either rough and/or 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. R:\T M\2004\04-0490 31946 Temecula Lane\DRAFf RESO AND COA'S.doc 36 53. 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. 54. All improvement plans, grading plans, and raised landscaped median 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. R:\T M\2004\Q4-0490 31946 Temecula Lane\DRAFr RESO AND COA'S.doc 37 . . . . . . PRIOR TO GRADING PERMIT R:\T M\2004\04-0490 31946 Temecula Lane\DRAFf RESO AND COA'S.doc 38 . . . Planning Department 55. Exclusion fencing (orange snow screen) will be installed along the construction limits along the north property to prevent construction activities from infringing on the Temecula Creek Conservation Area. 56, Manufactured slopes associated with the proposed site development shall not extend into the MSHCP conservation area. The Final Grading Plan shall be submitted to the City's MSHCP coordinator for approval. 57. Brush management to reduce fuel loads to protect urban uses (fuel modification zones) will occur only in the boundaries of the development. Fuel modification zones will not encroach in to the conservation area. 58. A copy of the Rough Grading plans shall be submitted and approved by the Planning Department. 59. 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. Public Works Department 60. A Grading Plan shall be prepared by a registered Civil Engineer and shall be reviewed and approved by the Department of Public Works. The grading plan shall include all necessary erosion control measures needed to adequately protect adjacent public and private property. 61. 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. 62. A Soil Report shall be prepared by a registered Soil or Civil Engineer and submitted to the Director of the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. 63. A Geological Report shall be prepared by a qualified engineer or geologist and submitted to the Department of Public Works with the initial grading plan check. The report shall address special study zones and the geological conditions of the site, and shall provide recommendations to mitigate the impact of ground shaking and liquefaction. 64. 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. R:\T M\2004\Q4-0490 31946 Temecula Lane\DRAFf RESO AND COA'S.doc 39 65. NPDES. The project proponent shall implement construction-phase and post- construction pollution prevention measures consistent with the State Water Resources . Control Board (SWRCB) and City of Temecula (City) NPDES programs. Construction- phase measures shall include Best Management Practices (BMPs) consistent with the City's Grading, Erosion & Sediment Control Ordinance, the City's standard notes for Erosion and Sediment Control, and the SWRCB General Permit for Construction Activities. Post-construction measures shall be required of all Priority Development Projects as listed in the City's NPDES permit. Priority Development Projects will include a combination of structural and non-structural onsite source and treatment control BMPs to prevent contaminants from commingling with stormwater and treat all unfiltered runoff year-round prior to entering a storm drain. Construction.phase and post-construction BMPs shall be designed and included into plans for submittal to, and subject to the approval of, the City Engineer prior to issuance of a Grading Permit. The project proponent shall also provide proof of a mechanism to ensure ongoing long-term maintenance of all structural post-construction BMPs. 66. As deemed necessary by the Director of the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. San Diego Regional Water Quality Control Board b. Riverside County Flood Control and Water Conservation District c. Planning Department d. Department of Public Works 67. 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. . 68. Permanent landscape and irrigation plans shall be submitted to the Planning Department and the Department of Public Works for review and approval. 69. The Developer shall obtain any necessary letters of approval or slope easements for off- site work performed on adjacent properties as directed by the Department of Public Works. 70. A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the Riverside County Flood Control and Water Conservation District by either cashier's check or money order, prior to issuance of permits, based on the prevailing area drainage plan fee. If the full Area Drainage Plan fee or mitigation charge has already been credited to this property, no new charge needs to be paid. 71. The site is in an area identified on the Flood Insurance Rate Map. This project shall comply with Chapter 15, Section 15.12 of the City Municipal Code which may include obtaining a Letter of Map Revision from FEMA. A Flood Plain Development Permit shall be submitted to the Department of Public Works for review and approval. . R\T M\2004\04-0490 31946 Temecula Lane\DRAFf RESO AND COA'S.doc 40 . . . PRIOR TO BUILDING PERMIT R:\TM\2004\04-0490 31946 Temecula Lane\DRAFT RESO AND CQA'S.doc 41 . . . Planning Department 72. The applicant shall submit street lighting and signage plans to the Planning Director for final approval. Street lighting shall comply with the Specific Plan, Riverside County Mt. Palomar Lighting Ordinance, and the mitigation-monitoring program. Said lighting shall comply with the standards as set forth in the Mitigated Monitoring Program and install hoods or shields to prevent either spillage of lumens or reflections into the sky (lights must be downward facing). 73. Obtain street addresses from the Building Official prior to submittal of plans for plan review. 74. Signage shall be posted conspicuously at the entrance to the project'that indicates the hours of construction, shown below, as allowed by City of Temecula Ordinance No. 94- 21, specifically Section G (1) of Riverside county Ordinance No. 457.73, for any site within one-quarter mile of an occupied residence. Monday.Friday 6:30 a.m. - 6:30 p.m. Saturday 7:00 a.m. - 6:30 p.m. No work is permitted on Sundays or Government Holidays 75, Prior to construction of the Model Home complex, the applicant shall apply for a Model Home complex permit. 76. A separate building permit shall be required for all signage. 77. An appropriate method for screening the gas meters and other externally mounted utility equipment shall be reviewed and approved by the Planning Department. 78. Landscape plans for front yards, slopes and common lots, to include a plan for perimeter or "community" walls/fences, shall be submitted for review and approval by the Planning Director prior to the issuance of building permits for the project. 79. A landscape maintenance program for all association maintained areas shall be submitted for approval with the landscape construction plans, 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 carryout the detailed program. 80. All utilities shall be screened from public view. Landscape construction drawings shall show and label all utilities and provide appropriate screening. Utilities shall be grouped together in order to reduce intrusion. Planting beds shall be designed around utilities, All light poles shall be located on the landscape plans and shall not conflict with trees. 81. Provide upgraded front doors on the construction building plans to all single-family homes consist with the home's architectural elevation to the satisfaction of the Planning Director. 82. The construction building plans shall show all single family homes with enhanced elevations. R:\T M\2004\04-0490 31946 Temecula Lane\DRAFf RESO AND COA'S.doc 42 83. Three (3) copies of Construction Landscaping and Irrigation Plans shall be reviewed and approved by the Planning Department. These plans shall conform to the approved conceptual landscape plan, or as amended by these conditions. The location, number, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance. The plans shall be accompanied by the following items: a. Appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal). b. Provide an agronomic soils report with the construction landscape plans. c. One (1) copy of the approved grading plan. d. Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance). e. Total cost estimate of plantings and irrigation (in accordance with approved plan). 84. A Final Landscaping plan shall be submitted to the Planning Department for review and approval. The plant pallet shall avoid the list of invasive plant species identified in the MSHCP as those species to be avoided adjacent to the MSHCP Conservation area (MSHCP Final in Volume 1 Section 6 in Table 6.2 on page 6-44 through 6-46). 85. All off-site graded areas shall be landscaped as approved by the Planning Director. 86. Proposed non.irrigated hydroseed mix areas shall be provided with automatic temporary irrigation to insure proper germination and establishment of the seeded areas as approved by the Planning Director. 87. All front yards shall include a minimum of one 15 gallon size tree per lot in addition to the required street trees. 88. All shrubs shall be planted from a minimum size of 5 gallon. Sub shrubs (i.e. Agapanthus, Hemerocallis) may be planted from 1 gallon. 89. All utilities shall be screened from public view. Landscape construction drawings shall show and label all utilities and provide appropriate screening. A 3' clear zone shall be provided around fire check detectors as required by the Fire Department. Utilities shall be grouped together in order to reduce intrusion. Screening of utilities is not to look like an after-thought. Planting beds shall be designed around utilities. All light poles shall be located on the landscape plans and shall not conflict with trees. 90. A landscape maintenance program shall be submitted for approval with the landscape construction plans, 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 carryout the detailed program. R:\T M\2004\Q4-0490 31946 Temecula Lane\DRAFf RESO AND COA'S.doc 43 . . . . . . Building and Safety Department 91. A sound transmission control study shall be prepared and submitted at time of plan review in accordance with the provisions of Appendix Chapter 12, Section 1208A, of the 2001 edition of the California Building Code. 92. Restroom fixtures, number and type, to be in accordance with the provisions of the 2001 edition of the California Building Code Appendix 29. 93. Provide electrical plan including load calculations and panel, schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. 94. Truss calculations that are stamped by the engineer of record and the truss manufacturer engineer are required for plan review submittal. 95. Provide precise grading plan at plan check submittal to check accessibility for persons with disabilities. Fire Prevention 96. 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. 97. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial buildings per CFC Appendix III.A, Table A-III-A-1. The developer shall provide for this project, a water system capable of delivering 1500 GPM at 20 PSI residual operating pressure, plus an assumed sprinkler demand of 400 GPM for a total fire flow of 1900 GPM with a 2 hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (CFC 903.2, Appendix III-A) 98, The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix III-B, Table A-III-B-1. A minimum number of hydrants, in a combination of on- site and off-site (6" x 4" x 2-2 1/2" outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 500 feet apart, at each intersection and shall be located no more than 250 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 upgrade of existing fire hydrants may be required. (CFC 903,2, 903.4.2, and Appendix III-B) 99, If construction is phased, each phase shall provide approved access and fire protection prior to any building construction. (CFC 8704.2 and 902.2.2) , 100. Prior to building construction, all locations where structures are to be built shall have approved temporary Fire Department vehicle access roads for use until permanent roads are installed. Temporary Fire Department access roads shall be an all weather surface for 80,000 Ibs. GVW. (CFC 8704.2 and 902,2.2.2) R:\T M\2004\Q4-0490 31946 Temecula Lane\DRAFf RESO AND COA'S.doc 44 101. Prior to building final, all locations where structures are to be built shall have approved Fire Department vehicle access roads to within 150 feet to any portion of the facility or . any portion of an exterior wall of the building(s). Fire Department access roads shall be an all weather surface designed for 80,000 Ibs. GVW with a minimum AC thickness of .25 feet. (CFC sec 902) 102. Fire Department vehicle access roads shall have an unobstructed width of not less than twenty-four (24) feet and an unobstructed vertical clearance of not less than thirteen (13) feet six (6) inches. (CFC 902.2.2.1) 103. Prior to building construction, dead end road ways and streets in excess of one hundred and fifty (150) feet which have not been completed shall have a turnaround capable of accommodating fire apparatus. (CFC 902.2.2.4) 104. Prior to building construction, this development shall have two (2) points of access, via all-weather surface roads, as approved by the Fire Prevention Bureau. (CFC 902,2.1) 105. Prior to issuance of buildina permits, the developer shall furnish one copy of the water system plans to the Fire Prevention Bureau for approval prior to installation. 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. After the plans are signed by the local water company, the originals shall be presented to the Fire Prevention Bureau for signatures. The required water system including fire hydrants shall be installed and accepted by the appropriate water agency prior to any combustible building materials being placed on an individual lot. (CFC 8704.3, 901.2.2.2 and National Fire Protection Association 24 1-4.1) . Community Services Department 106. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction debris. 107. Prior to the installation of arterial street lights on Loma Linda Road, Temecula Lane or issuance of building permits, whichever comes first, the developer shall file an application, submit an approved Edison street light plan and pay the appropriate fees to the TCSD for the dedication of street lights into the appropriate TCSD maintenance program. 108. Prior to the issuance of the 175'h residential building permit the Class I trail along Loma Linda Road shall be completed to the satisfaction of the Community Services Director. 109. Prior to the issuance of the 325'h residential building permit the Class I trails along the east side of the project and Temecula Creek shall be completed to the satisfaction of the Community Services Director. Public Works Department 110. Improvement plans and/or precise grading plans shall conform to applicable City of Temecula Standards subject to approval by the Director of the Department of Public Works. The following design criteria shall be observed: . R:\T M\2004\04-0490 31946 Temecula Lane\DRAFT RESO AND COA'S.doc 45 . a. b. c. d. e. f. g. Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. Driveways shall conform to the applicable City of Temecula Standard No. 207A. Street lights shall be installed along the public streets adjoining the site in accordance with City Standard No. 800, 801, 802 and 803. Concrete sidewalks and ramps shall be constructed along public street frontages in accordance with City of Temecula Standard Nos. 400, 401 and 402. All street and driveway centerline intersections shall be at 90 degrees. Public Street improvement plans shall include plan and profile showing existing topography, utilities, proposed centerline, top of curb and flowline grades. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. 111. The Developer shall design and guarantee construction of the following public improvements to City of Temecula General Plan standards unless otherwise noted. Plans shall be reviewed and approved by the Department of Public Works: a. Improve Loma Linda Road from Temecula Lane to Via Del Coronado (Principal Collector Highway Standards - 78' R/W) to include dedication of half-width street right-of-way, installation of half-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). b. Improve Temecula Lane from Loma Linda Road to westerly property boundary (Local Road Standards - 60' R/W) to include dedication of half-width street right- of-way plus six feet, installation of half-width street improvements plus six feet, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). c. Via Del Coronado (Collector Road Standards - 66' R/W) to include irrevocable offer of dedication for half-width street right-of-way. Provide an alignment study to show future connection. d. All street improvement design shall provide adequate right-of-way and pavement transitions per Caltrans standards for transition to existing street sections. . 112. Private roads shall be designed to meet City public road standards. Unless otherwise approved the following minimum criteria shall be observed in the design of private streets: a. Improve Entry Streets "8" and "C" (Private Street - 70' RlE) to include installation of full-width street improvements, paving, curb and gutter, sidewalk, drainage facilities, utilities (including but not limited to water and sewer) and a 10 foot wide raised landscaped median. b. Improve Entry Street "A" (Private Street - 60' RlE) to include installation of full- width street improvements, paving, curb and gutter, sidewalk, drainage facilities, utilities (including but not limited to water and sewer) and a 10 foot wide raised landscaped median. . R:\T M\2004\04-0490 31946 Temecula Lane\DRAFf RESO AND COA'S.doc 46 Improve Street "A" from Street "0" to Street "H" (Private Street - 34' R/E, 24' curb to curb) to include installation of full-width street improvements, paving, rolled curb and gutter, sidewalk, drainage facilities, utilities (including but not limited to water and sewer). Improve Streets "0" through Street "I" (Multifamily only) (Private Street - 34' R/E, 24' curb to curb) to include installation of full-width street improvements, paving, rolled curb and gutter, sidewalk, drainage facilities, utilities (including but not limited to water and sewer). Improve Street "P" through Street "R" (from Street "0" to Street "Q") (Private Street - 34' R/E, 24' curb to curb) to include installation of full-width street improvements, paving, rolled curb and gutter, sidewalk, drainage facilities, utilities (including but not limited to water and sewer). Improve Street "A" from Street "H" to Street "K" (Private Street - 30' R/E, 24' curb to curb) to include installation of full-width street improvements, paving, rolled curb and gutter, one-sided sidewalk, drainage facilities, utilities (including but not limited to water and sewer). Improve Street "L" and Street "M" (Private Street - 30' R/E, 24' curb to curb) to include installation of full-width street improvements, paving, rolled curb and gutter, one-sided sidewalk, drainage facilities, utilities (including but not limited to water and sewer). i. Improve Street "R" from Street "0" to Street "L" (Private Street - 30' R/E, 24' curb to curb) to include installation of full-width street improvements, paving, rolled curb and gutter, one-sided sidewalk, drainage facilities, utilities (including but not limited to water and sewer). j. Improve Streets "J", "K", "N" and "0" (Private Street - 26' R/E, 24' curb to curb) to include installation of full-width street improvements, paving, rolled curb and gutter, drainage facilities, utilities (including but not limited to water and sewer). k. Knuckles being required at 90 'bends' in the road. I. Cul-de-sac geometries shall meet current City Standards. m. Minimum safe horizontal centerline radii shall be required (all centerline radii should be identified on the site plan). n. All intersections shall be perpendicular (90). c. Improve Streets "I" and "R" thru "Y" (Single Family only) (Private Street - 46' R/E, 36' curb to curb) to include installation of full-width street improvements, paving, curb and gutter, sidewalk, drainage facilities, utilities (including but not limited to water and sewer). d. e. f. g. h. 113. A construction area Traffic Control Plan shall be designed by a registered Civil or Traffic Engineer and reviewed by the Director of 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. . . 114. 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. . R\T M\2004\04-0490 31946 Temecula Lane\DRAFT RESO AND COA'S.doc 47 . . . 115. 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. 116. 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. R;\T M\2004\04-0490 31946 Temecula Lane\DRAFf RESO AND COA'S.doc 48 . . . PRIOR TO BUILDING OCCUPANCY R\T M\2004\04-0490 3J946 Temecula Lane\DRAFf RESO AND COA'S.doc 49 . . . Planning Department 117. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. 118. All required landscape planting and irrigation, hardscape and fencing within individual lots shall have been installed and completed for inspection consistent with the approved construction landscape plans prior to issuance of occupancy for each house (excluding model home complex). The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 119, Prior to issuance of the first Certificate of Occupancy, the applicant shall prepare and submit a written report to the City's MSHCP Coordinator demonstrating compliance with the MSHCP. 120. Performance securities, in amounts to be determined by the Director of Planning, to guarantee the maintenance of the plantings in accordance with the approved construction landscape and irrigation plan shall be filed with the Planning Department for a period of one year from final certificate of occupancy. After that year, if the landscaping and irrigation system have been maintained in a condition satisfactory to the Director of Planning, the bond shall be released upon request by the applicant. Building and Safety Department 121. Provide appropriate stamp of a registered professional with original signature on plans prior to permit issuance. 122. A pre-construction meeting is required with the building inspector prior to the start of the building construction. Fire Prevention 123. Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective Markers" shall be installed to identify fire hydrant locations. (CFC 901.4.3) 124. Prior to issuance of a Certificate of Occupancy or building final, approved numbers or addresses shall be provided on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall be of a contrasting color to their background. Commercial, multi-family residential and industrial buildings shall have a minimum twelve (12) inches numbers with suite numbers a minimum of six (6) inches in size. All suites shall gave a minimum of six (6) inch high letters and/or numbers on both the front and rear doors. Single family residences and multi-family residential units shall have four (4) inch letters and lor numbers, as approved by the Fire Prevention Bureau. (CFC 901.4.4) Community Services Department 125. Within each phased map, the developer shall submit the most current list of Assessor's Parcel Numbers assigned to the final project. R:\T M\2004\04-0490 31946 Temecula Lane\DRAFT RESO AND COA'S.doc 50 126. It shall be the developer's responsibility to provide written disclosure of the existence of TCSD and its service level rates and charges to all prospective purchasers. . Public Works Department 127. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. Rancho California Water District b. Eastern Municipal Water District c. Department of Public Works 128. Corner property line cut off shall be required per Riverside County Standard No. 805. 129. All public improvements, shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of the Department of Public Works. 130. The existing improvements shall be reviewed. Any appurtenance damaged or broken shall be repaired or removed and replaced to the satisfaction of the Director of the Department of Public Works. . . R:\T M\2004\04-0490 31946 Temecula Lane\DRAFf RESO AND COA'S.doc 51 . . . OUTSIDE AGENCIES R:\T M\20Q4\Q4-0490 31946 Temecula Lane\DRAFr RESO AND COA'S.doc 52 . . . 131. Comply with the Rancho Water District letter dated August 25, 2004 and provide them with a Reciprocal Easement and Maintenance Agreement to serve the on-site water facilities. 132. Comply with the Riverside County Flood Control and Water Conservation District dated September 20, 2005 . Additional permits may be required prior to the construction of the project. 133. Comply with the Pechanga Cultural Resources letter dated November 10, 2005. By placing my signature below, I confirm that I have read, understand, and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Planning Department approval. Applicant's Signature Date Applicant's Printed Name R:\T M\2004\04-0490 31946 Temecula Lane\DRAFf RESO AND COA'$.doc 53 @ Rancho Water Board of Directors John E. Hoagland President Csaba F. Ko Sr. VieePresidcnt Stephen J. Corona Ralph H. Daily Ben R. Drake Lisa D. Hennan Michael R. McMillan Officers: Brian J. Brady General Manager Phillip L. Forbes Director of Finance-Treasurer E.P. "Bobft Lemons Director of Engineering Perry R. Louck Controller , August 25, 2004 '-:::' c: ' ~: ',,:;r-;' ':-,'\, Matt Harris, Associate Planner City of TemecuIa Planning Department 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 , !\'.YJ 2 '7 2004 . , \JJ \- - ..' \".)'.' --=- SUBJECT: WATER AVAILABILITY TENTATIVE TRACT NO. 31946 PORTION OF PARCEL NO.1 AND NO.2 OF PARCEL MAP NO. 8756; APN 961-010-016, APN 961-010-018, APN 961-010- 019, APN 961-010-020, AND APN 961-010-021, PROJECTS NO. P A04-0490, NO. P A04-0491, AND NO. P A04-0492 Dear Mr. Harris: Please be advised that the above-referenced property is located within the boundaries of Rancho California Water District (RCWD). Water service, therefore, would be available upon construction of any required on-site and/or off-site water facilities and the completion of financial arrangements between RCWD and the property owner. If fire protection is required, the customer will need to contact RCWD for fees and requirements. . Linda M. Fregoso DistridSecretary/Administrative .. .. . . "''''','' Manoge, Water avaI1abthty would be contingent upon the property owner signing an c, MJoh.eJ Cowett Agency Agreement that assigns water management rights, if any, to RCWD, Best Best & Krieger LLP General Counsel \ A portion of this project is a condominium development with potential for individual building owners and a homeowners' association maintaining the common property and private water and fire protection facilities. As a condition of the project, RCWD requires that the City of Temecula include a Reciprocal Easement and Maintenance Agreement for these on-site private water facilities. If you should have any questions, please contact an Engineering Services Representative at this office. Sincerely, RANCHO CALIFORNIA WATER DISTRICT - ~I Mi ael . Meyerpeter, ' Development Engineering anager ~ 04\MM:atJ23\FCF c: Laurie Williams, Engineering Services Supervisor Rancho California Watel" Distl'ict 42135 Winchester Rood. Post Office Box 9017 . Temecula, Caljfornia 92589-9017 . (951) 296-6900. FA-\: (951) 296 68fiO W;\,'ffiEN D. WILLIAMS ::leneral Manager-Chief Engineer . . . ., . j ( 1995 MARKET STREET RIVERSIDE, CA 92501 951.955.1200 951.78&.9965 FAX 102252_3 RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT September 20, 2005 Ms. Christine Darnko City ofTemecula Planning Department Post Office Box 9033 Temecula, CA 92589-9033 SfP 2 2 2005 Dear Ms. Darnko: Re: P A04-0490 - 0492 and P A 04-0496 The District does not normally recommend conditions for land divisions or other land use cases in incorporated cities. The District also does not plan check city land use cases, or provide State Division of Real Estate letters or other flood hazard reports for such cases. District commentslrecommendations for such cases are normally limited to items of specific interest to the District including District Master Drainage Plan facilities, other regional flood control and drainage facilities which could be considered a logical component or extension of a master plan system, and District Area Drainage Plan fees (development mitigation fees). In addition, information of a general nature is provided. The District has not reviewed the proposed project in detail and the following comment does not in any way constitute District approval or endorsement of the proposed project with respect to flood hazard, public health and safety or any other such issue. This proposed project is adjacent to facilities that could be considered regional in nature and/or a logical extension of Temecula Creek Channel. The District would consider accepting ownership of such facilities on written request of the City. Facilities must be constructed to District' standards, and District pla.i1 check aild inspection will be required for District acceptance. Plan check, inspection and administrative' fees will be required. GENERAL INFORMATION This project may require a National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. Clearance for grading, recordation or other final approval should not be given until the City has determined that the project has been granted a permit or is shown to be exempt. If this project involves a 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 (CLOMR) prior to grading, recordation or other final approval of the project, and a Letter of Map Revision (LOMR) prior to occupancy. 102252_3 Ms. Christine Darnko -2- Re: PA04-0490 - 0492 and PA 04-0496 September 20, 2005 The applicant shall show written proof of compliance with the Multiple Species Habitat Conservation Plan (MSHCP) for any drainage facilities the applicant proposes to be maintained by the District. All applicable CEQA and MSHCP documents and permits shall address the construction, operation and maintenance of all onsite and offsite drainage facilities. Draft CEQA documents shall be forwarded to the District during the public review period. If a natural watercourse or mapped floodplain is impacted by this project, the City should require the applicant to obtain all applicable Federal, State and local regulatory permits. These regulatory permits include, but are not limited to: a Section 404 Peni1it issued by the U.S. Army Corps of Engineers in compliance with section 404 of the Clean Water Act, a California State Department of Fish and Game Streambed Alteration Agreement in compliance with the Fish and Game Code Section 1600 et seq., and a 401 Water Quality Certification or a Report of Waste Discharge Requirements in compliance with Section 401 of the Clean Water Act or State Porter Cologne Water Quality Act, respectively, from the app,vp,;ate Regional Water Quality Control Board. The applicant shall also be responsible for complying with all mitigation measures as required under CEQA and all Federal, State, and local environmental rules and regulations. Very truly yours, ~dk7 ARTURO DIAZ Senior Civil Engineer c: Riverside County Planning Department Attn: David Mares AM:blj . . . Chairperson: Germaine Arenas PECtlANGA CULTURAL RESOURCES Temecu/a Band of Luisefio Mission Indians Vice Chairperson: Mary Bear Magee Post Office. Box 2183. Temecula, CA 92593 Telephone (951) 308-9295' Fax (951) 506.9491 Committee Members: Raymond Basquez, Sr. Eyie Gerber Darlene Miranda Bridgett Barcello Maxwell Director: Gary DuBois November 10, 2005 Coordinator: Paul Macarro Cultural Analyst: Stephanie Gordin Christine Damko City of Temecula Planning Department 43200 Business Park Drive Temecula, CA 92590 Monitor Supervis'or: Aurelia Manuffo Re: Comments on Temecula Lane Project (P A04-0490-0492 and P A 04-0496) Dear Ms. Damko: . This comment letter is submitted by the Pechanga Band of Luisefio Indians (hereinafter, "Pechanga Tribe"), a federally recognized Indian tribe and sovereign government. The Pechanga Band requests that these comments as well as any subsequent comments submitted by the Pechanga Band be included in the record of "pp<u val for the Project. The Pechanga Tribe is formally requesting, pursuant to Public Resources Code ~21 092.2, to be notified and involved in the entire CEQA environmental review process for the duration of the above referenced project (the "Project"). THE TRIBE'S CONCERNS WITH THE PROJECT The Tribe has two primary concerns with the Project which it would like to see addressed by the City. First and foremost, this Project is close to a site which contains over 18 burials of human remains. Such information was not included or addressed in the Cultural Resources Survey. As such, adequate and al'l"~l'.:ate mitigation was not put into place. Further, it is the Tribe's understanding that the mass grading permit was processed separately, and as far as the Tribe is aware it was not notified of that application. Because of the proximity to the site with the burials, awarding the mass grading permit without appropriate environmental evaluation was improper by the City. THE LEAD AGENCY MUST INCLUDE AND CONSULT WITH THE TRIBE IN ITS REVIEW PROCESS Because ofthe culturally sensitive site, the Temecula Creek Village site which has been determined to be a significant site, lying in close proximity to the Project area, it is imperative that the City, as lead agency, as well as the applicant adequately consult with the Tribe. It has . 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: Comments on Temecula Lane Project Page 2 been the intent of the Federal Governmentl and the State ofCalifornia2 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 such as approval of Specific Plans and EIRs. In this case, it is undisputed that the project lies within the Luisefio tribe's traditional territory. Therefore, in order to comply with CEQA and other applicable Federal and California law, it is imperative that the Lead Agency and the Project applicant consult with the Tribe in order to guarantee an adequate basis of knowledge for an app'Vl,,;ate evaluation of the project effects, as well as generating adequate rnitigation measures. Such consultation is especially important with regard to Projects such as this one which has the potential to impact Native American human remains. PROJECT IMPACTS TO CULTURAL RESOURCES The Pechanga Tribe asserts that the Project area is part of the Pechanga Tribe's aboriginal territory, as evidenced by the existence of Luisefio place names, rock art pictographs, petroglyphs and extensive artifact records found in the vicinity of the Project. The Pechanga Tribe's primary concerns stem from the project's likely impacts on Native American cultural resources. The Pechanga Tribe is concerned about both the protection of unique and irreplaceable cultural resources, such as Luisefio village 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 Tribe would also like to point out that a preferred method of treatment for archeological sites according to the CEQA is avoidance (California Public Resources Code ~21083.l), and that this is in agreement with the Tribe's practices and policies concerning cultural resources. 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. I See Executive Memorandum of April 29, 1994 on Government-to-Government Relations with Native American Tribal Governments and Executive Order of November 6, 2000 on Consultation and Coordination with Indian Tribal Governments. 2 See California Public Resource Code ~5097.9 et seq. Pechanga Cultural Resources. Temecula Band of Luiseiio Mission Indians Post Office Box 2183. Temecula, CA 92592 . Sacred Is The Duty Tn/sted Unto Our Care And With Honor We Rise To The Need . . . Pechanga comment letter to the City ofTemecula RE: Comments on Temecula Lane Project Page 3 As was discussed above, the Project site lies in close proximity to the Temecula Creek Village site which is a sensitive archaeological village site in which multiple Native American human remain burials were encountered. As the City is aware, measures were taken in that Project to assure the appropriate treatment and protection of those burials. Further, the proximity of the Project to the creek channel makes the discovery of more human remains likely. While the Tribe understands that the intent is to leave the portion by the creek channel as open space, adequate mitigation and protection of the sensitive areas are necessary. Such conditions of approval should provide for the mass grading to be performed near the sensitive site in a manner which would allow for the greatest protection of any items or human remains uncovered ,during the mass grading. For this reason, additional mitigation language is requested prior to the Project being approved. The Tribe has been in contact with the Project applicant who has expressed its willingness to work with the Tribe to develop adequate mitigation measures and conditions of approval for the sensitive areas. REOUlRED MITIGATION Given this Project's close proximity to known cultural sites which were not adequately discussed in the initial cultural study, including a known village site, Pechanga requests the following be included as mitigation measures as well as conditions of approval which are required to be met prior to the issuance of grading permits, and the City should assure that the already issued mass grading permit adheres to the necessary conditions: 1. The mass grading of the Project site shall be performed in a controlled manner, the specifics of which shall be determined in consultation between the project applicant/developer and the Pechanga Band of Luisefio Indians prior to issuance of grading permits or prior to project approval. 2. Prior to issuance of the grading permit, the developer shall enter jfito a Treatment Agreements with the Pechanga Tribe. This Agreement will address the treatment and disposition of cultural resources and human remains that may be encountered during construction. The Agreement will further contain provisions of tribal monitors and address compensation for the Native American monitors being paid by the developer. 3. The landowner agrees to relinquish ownership of all cultural resources, including archaeological artifacts found on the project site, to the Pechanga Band of Luisefio Indians for proper treatment and disposition to the extent authorized by the law. 4. Monitoring by a professional archaeologist and Pechanga Tribal monitors is required during all ground disturbing activities. The monitor's shall each have the authority to temporarily halt and/or divert grading equipment to allow for additional investigation as necessary. Pechanga Cultural Resources. Temecu/a Band of Luiselio Mission Indians Post Office Box 2183. Temecu/a, CA 92592 Sacred Is The Duty Trusted Unto Our Care And With Honor We Rise To The Need Pechanga comment letter to the City ofTemecula RE: Comments on Temecula Lane Project Page 4 5. If human remains are encountered, all activity shall stop and the County Coroner . must be notified irrunediately. - All activity must cease until the County Coroner has determined the origin and disposition of said remains. The Coroner shall determine if the remains are prehistoric, and shall notifY the State Native American Heritage Commission if applicable. Further actions shall be determined by the desires of the Most Likely Descendent. 6. All sacred sites within the Project area are to be avoided and preserved. The Pechanga Tribe looks forward to working together with the City of TemecuIa, the applicant, and other interested agencies in l'.v~<-v~;ng the invaluable Luiseiio culturaI resources found in the Project area. If you have any questions, please do not hesitate to contact me at (951) 308-9295 or Laura Miranda at (951) 676-2768, Ext. 2137. Thank you for the Vl'l'v.~.mity to submit these comments. Sincerely, ()Il JJ~ .~t1 Stephanie Gordin . Cc: Mr. Lindsey Quakenbush D.R. Horton 5927 Priestly Drive, Suite 200 Carlsbad, CA 92008 Pechanga Cultural Resources. Temecula Band of Luiseiio 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 . . . ATTACHMENT NO.4 DECEMBER 14, 2005 PLANNING COMMISSION STAFF REPORT R:\T M\2004\04.0490 31946 Temecula Lane\MEMO to PC.doc 7 . - ~ .~'--,.--, -, ---------~,,-- ..c?<<t-7'-~~:":;......c_ ---- --- ~ '-_.'~--_.- . . . STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION Date of Meeting: December 14, 2005 Prepared by: Christine Damko Title: Associate Planner File Number PA04-0490 PA04-0491 PA04-0492 Application Type: Vesting Tentative Tract Map, Conditional Use Permit, and Development Plan (Product Review) Project Description: The proposed project is a Tentative Tract Map, site development, and construction of 428 residential units on 36.19 acres of a 47.72 acre site. The remaining acreage is located within the channel area for Temecula Creek and will not be developed as part of this project. The project includes 96 single-family units on 15.14 acres, 96 triplex units (in 32 buildings) and 236 fourplex units (in 59 buildings) on 21.05 acres. The proposed project will be accessed via a gated entrance/exit on Temecula Lane and two gated entrances/exits on Loma Linda Road. The project also proposes a Conditional Use Permit to establish an affordable housing project within the Professional Office (PO) zoning district; and a Development Plan application for the architectural design of the residential units. Recommendation: (Check One) ~ Recommend Approval with Conditions D Deny D Continue for Redesign D Continue to: D Recommend Denial CEQA: (Check One) ~ Categorically Exempt (Class) 15162 (Subsequent Neqative Declaration) D Negative Declaration D Mitigated Negative Declaration with Monitoring Plan DEIR R:\T M\2004\04-0490 31946 Temecula Lane\Draft STAFF REPORT template.doc I PROJECT DATA SUMMARY Applicant: DR Horton Continental . Completion Date: Auqust 4, 2004 Mandatory Action Deadline Date: December 14, 2005 General Plan Designation: Professional Office Zoning Designation: Professional Office Site/Surrounding Land Use: Site: Vacant North: South: East: West: Temecula Creek Floodway jOpen-Space Conservation) Earl Stanley Middle School/Residential homes in Wolf Creek Specific Plan Residential jLow Medium Density) Residential in the Wolf Creek Specific Plan Lot Area: 36.19 net acres Total Floor Area/Ratio: N/A Landscape Area/Coverage: N/A . Parking Required/Provided: Single Family Product: two covered spaces/unit required/two garages/unit provided plus on-street parking for guests provided. Tri-Plex/Six-Plex Product: 256 parking spaces required/192 garage and 64 bays. Four-Plex Product: 571 parking spaces reQuired/354 qaraqe and 218 bays. BACKGROUND SUMMARY [gJ 1. Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. ANALYSIS Vesting Tentative Tract Map, PA04-0490 The proposed Vesting Tentative Tract Map is consistent with the Subdivision Ordinance, and General Plan. The Vesting Tentative Tract Map No. 31946 will create 96 residential home lots ranging in size from 4;000 to 8,531 square feet, one condominium lot for proposed four-plex units, one condominium lot for proposed tri-plex/six-plex units, and nine open space lots. The Tract Map will create 107 total lots. The Multi-Family units will be sold as condominium project, and therefore this portion of the Vesting Tentative Tract Map will be for Condominium purposes. The current zoning and General Plan Land Use Designation on the proposed development is . Professional Office (PO). Since at the time this application was submitted to the City there were R:\T M\2004\04-0490 31946 Temecula Lane\Draft STAFF REPORT template.doc 2 . . . no development standards for multi-family housing in a Professional Office zone, staff has used multi-family standards from the Harveston Specific Plan. The proposed project offers three gated main entrances/exits. The main entrance to the single family product is located on the north side of Loma Linda Lane, while the multi-family product can access off of the east side of Temecula Lane or through a second entrance off of Loma Linda Lane. All streets within the development are private and connect the single family residential product with the multi-family product, which creates a community setting. The proposed access and circulation is consistent with the requirements of the Subdivision Ordinance. The Temecula Creek is channelized adjacent to the north property line of the site. The applicant has been required to keep this portion of the property as biological open space and therefore has created a 5.54 acre Open Space lot adjacent to the creek. In addition to the biological open space lot, the project proposes an additional eight lots totaling more than four acres of recreational/common area. These areas are strategically placed throughout the development to connect the different developments and provide open space for the residents. A pedestrian trail that connects with the City's trail system will also be provided around the development. Conditional Use Permit, PA 04-0491 According to Section 17.10.020.3 of the Development Code, affordable residential housing is permitted in the PO zone with an approved Conditional Use Permit. The development will set aside 86 of the 118 two bedroom homes located within the four-plex portion of the site will be set aside for home buyers who qualify for low income housing. This project is in compliance with the Government Code low income requirements and the Development Code. Development Plan (Product Review), PA04-0492 - Single Family (96 units) 1. Plan 1, two-story, 1,807 square feet (30 units) a, Spanish Colonial ( 12 units) b. Craftsman (8 units) c. Cottage (10 units) 2. Plan 2, two-story, 2,111 square feet (34 units) a. Spanish Colonial ( 14 units) b. Craftsman ( 11 units) c. Cottage (9 units) 3. Plan 3, two-story, 2,388 square feet (32 units) a. Spanish Colonial (9 units) b. Craftsman (11 units) c. Cottage ( 12 units) R:\T M\2004\04-0490 31946 Temecula Lane\Draft STAFF REPORT template.doc 3 Architectural Review . The project proposes three (3) two-story floor plans and three (3) architectural styles. The architectural styles include Spanish Colonial, Craftsman, and Cottage. Staff feels that with the attached conditions of approval, the project meets the intent of the Development Code and Design Guidelines. The proposed elevations create a street scene with character as well as function, and visual variety. The various materials and features proposed include the following for each architectural style: . Spanish Colonial: Varied roof pitches with a typical roof pitch of 5:12 (4:12 for Plan 2), smooth 20/30 sand stucco finish, flower pot shelves under windows (on all sides), Mullioned windows with trim (on all sides), decorative garage doors, wrought iron detailing, arched main entries with porches extending out beyond six feet, decorative piping (on all sides), decorative tile around prominent windows, decorative tile accents around main entry, stucco planter box on lower floor, stucco foam trim on second floor below garage and also on side elevations, and decorative lighting to front elevation. . Craftsman: Decorative stone columned porch extending out over six feet, wood-knee brace (on all sides), rafter tails, decorative stone to front and side elevations, upgraded garage doors, decorative shutters on prominent windows (on all sides) with foam trim around windows (all sides), varied roof pitches with a typical roof pitch of 5:12 (4:12 for Plan 3), light lace stucco finish, and decorative lighting. . Cottage: Upgraded decorative garage doors, decorative stone around main entry and . wrapping around to side elevations, decorative shutters on prominent windows (including sides), enhanced windows with mullions and foam trim (on all sides), decorative lighting, decorative stone planter box on first floor, decorative wood pot shelves on second story, varied roof pitches with a typical.roof pitch of 6:12, and light lace stucco finish. The applicant has provided specific details, which are unique to each style proposed on each elevation, including window types, window and door trim, garage door design, materials such as wrought iron details, stone, roof type and pitch, shutters and the overall silhouette. This project as also been conditioned to provide upgraded front doors on the construction building plans, each unique to the home's architectural style. Buildine Elements/Mass. Heieht. and Scale The proposed project includes three (3) two story floor plans with three (3) elevations. The proposed maximum height/or the units is 26'11". The proposed project includes two-story elevations that incorporate one-story elements. The units provide adequate articulation in roof forms and offsets to reduce massing and the elevations are visually broken up with offset stories, changes in materials, and/or sloping roof lines. Proposed enhancements include additional window shutters on second story sides and rears, additional building materials on sides and rears, and second story pop-out elements. Staff feels the proposed enhancements meet the requirements of the Design Guidelines. . R:\T M\2004\04-0490 31946 Temecula LaneIDraft STAFF REPORT template.doc 4 . . . Materials and Colors The project includes variation in both building materials and colors which help to provide variation and interest, as well as break up the massing of two story units. Each of the proposed elevation styles provide four color schemes, which will result in twelve compatible color schemes for the development. Brick, tile and stone are encouraged as paving and wall accents, and have been adequately integrated into the proposed elevations. Roof materials are compatible with the elevation style and complement the primary building colors. Product Placement Units have been plotted to avoid repetition in plan and elevation type, which creates an interesting and varied streetscape. No single-story units are proposed, however, single story elements on two-story products will avoid a "canyon" effect along the street. Multi Family Residential (91 Buildings) - Four-Plex Units (59 Buildings, 236 Units) 1. Plan 1, three stories, 1 ,071 square feet 2. Plan 2, three stories, 1,586 square feet The project proposed two (2) floorplans with four (4) variations of Spanish architecture. These variations include: . Spanish Colonial: This style combines elements of the different versions of the Spanish style. Specifically this style takes more of the ornate elements from the Santa Barbara (curving wainscots), some wood elements from the Monterey (louvered shutters) and some elements from the Mediterranean (decorative tile). . Santa Barbara: This style is slightly more ornate. It has more details such as wrought iron and deep recesses and incorporates more curving elements such as the curved wainscots and buttresses. . Mediterranean: Decorative tile patterns, stepped arches and stepped wainscots are combined with Spanish elements such as louvered shutters and awnings on prominent windows. . Monterey: This style is the simplest Spanish architecture. Fewer small scale details, straighter lines and details such as board shutters and trellises. The subtle architectural differences in these four different versions of Spanish architecture give interest and variation to the individual units but keep the smooth Spanish architectural flow throughout the buildings. The applicant has also provided upgraded garage doors and decorative lighting to the project. Tri-Plex/Six-Plex Units ( 32 Buildings, 96 units) 1. Plan 1, three stories, 1 ,340 square feet 2. Plan 2, two stories, 1,411 square feet 3. Plan 3, three stories, 548 square feet R:\T M\2004\04~0490 31946 Temecula Lane\Draft STAFF REPORT template.doc 5 The project proposes three (3) floor plans with four (4) different variations of Italian Rustic architecture. These variations include: Siena, Tuscan, Umbria, and Florence. . The various materials and features proposed include the following for each architectural variation of the Italian Rustic style: . Siena: Tower element with stone veneer, colored awnings, decorative wrought iron and wood detailing. . Tuscan: Arched entry with stone veneer, decorative shutters on prominent windows, hip roofs with projecting shed overhangs supported by diagonal braces, decorative wrought iron, and distinctive pattern of rectangular windows and shutters on the three story tower element. . Umbria: Broad gable stone wall entry, fabric awnings and ,decorative shutters on windows, rectangular and arched openings. . Florence: One story shedded stone entry with arched stone wainscot tower element, arched window pattern in three story tower element, decorative wrought iron and wood details, projecting eaves with wood braces. The project proposes sufficient architectural variation with these four different styles of Italian Rustic architecture, while keeping the look of the entire building consistent, smooth, and refined with keeping the architectural variations to a minimum. The applicant has also provided upgraded garage doors and decorative outdoor lighting to all units. A Recreation Building is located toward the center of the Multi-Family Residential portion of the . project. The Recreation Building consists of a meeting room, HOA office, kitchen, and restrooms for the adjacent pool area. The building is consistent with the Rustic Italian architecture proposed for the Tri-plex buildings. ENVIRONMENTAL DETERMINATION i:8J 1. In accordance with the California Environmental Quality Act, the proposed Project has been deemed to be categorically exempt from further environmental review. (CEQA Section 15162 subsequent EIR's and Negative Declarations). The project has been analyzed within the previously approved Mitigated Negative Declaration for PA04-0496, which is a stockpile and grading application proposed on the project site. The proposed project has been conditioned to comply with the approved Mitigated Negative Declaration and the Mitigation Monitoring Program (attached). CONCLUSION/RECOMMENDATION Staff has determined that this project is consistent with the General Plan, Development Code and Subdivision Ordinance and recommends approval based on the following findings and subject to the attached Conditions of Approval. . R:\T M\2004\04-0490 31946 Temecula Lane\Draft STAFF REPORT template.doc 6 . . . FINDINGS Tentative Tract Map (Code Section 16.09.140) 1. The proposed subdivision and the design and improvements of the subdivision are consistent with the Development Code, General Plan, the Subdivision Ordinance and the City of Temecula Municipal Code. Vesting Tentative Tract Map No. 31946 is consistent with the General Plan, the Subdivision Ordinance, the Development Code, and the Municipal Code because the project has been designed in a manner that it is consistent with the General Plan, Subdivision Ordinance, Development Code, and the Municipal Code. 2. The tentative map does not propose to divide land, which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965. This project is not located with the Williamson Act, and therefore does not propose to subdivide land that has been entered into an Agricultural Contract. 3. The site is physically suitable for the type and proposed density of development proposed by the tentative map. The project consists of a 107-lot 428 total residential units) Vesting Tentative Tract Map on property designated for high density residential uses (a portion which should be affordable housing), which is consistent with the General Plan. 4. The design of the subdivision and the proposed improvements, with conditions of approval, will not be likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat. A Mitigated Negative Declaration was approved for the stockpile and grading permit, which addressed environmental impacts on the site. Mitigation measures (described in the Mitigation Monitoring Program), have been incorporated as conditions for this application, as appropriate. The application is consistent with the project description analyzed in the Mitigated Negative Declaration and no subsequent environmental review is necessary per Section 15162 of the California Environmental Quality Act. 5. The design of the subdivision and the type of improvements are not likely to cause serious public health problems. The project has been reviewed and commented on by the Fire Prevention Division and the Building & Safety Division. As a result, the project will be conditioned to address their concerns. Further, provisions are made in the General Plan and the Development Code to ensure that the public health, safety and welfare are safeguarded. The project is consistent with these documents. 6. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible. Prior to the construction of single- R\T M\2004\04-0490 31946 Temecula Lane\Draft STAFF REPORT template.doc 7 family residences the applicant will be required to submit building plans to the Building Department that comply with the Uniform Building Code, which contains requirements for . energy conservation. 7. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. All required rights.of-way and easements have been provided on the Vesting Tentative Map. The Public Works Department and Community Services District have reviewed the proposed division of land and adequate conditions and/or modifications have been made to the Vesting Tentative Tract Map. 8. The subdivision is consistent with the City's parkland dedication requirements (Quimby). Appropriate parkland dedication and in-lieu fee swill be required as a Condition of Approval. Development Plan (Code Section 17.05.010F) 1. 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 multi and single-family development is permitted in the Professional Office Use designation standards contained in the City's Development Code. The Development Code states that a residential use is permitted if affordable housing is provided on the . portion of the project. The site is properly planned and zoned, and as conditioned, is physically suitable for the type and density of residential 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 fire and building codes. 2. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The overall design of the single-family homes and multi-family development, including the site, building, parking, circulation and other associated site improvements, is consistent with, and intended to protect the health and safety of those living and working in and around the site. The project has been reviewed for, and 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 consistent with the public health, safety and welfare. Conditional Use Permit (Code Section 17.04.01 O.E) 1. The proposed conditional use is consistent with the General Plan and the Development Code. The proposed conditional use is compatible with the nature, conditions and development of adjacent uses, buildings and structures and the proposed conditional use will not . adversely affect the adjacent uses, buildings, or structures. R:\T M\2004\04-0490 31946 Temecula Lane\Draft STAFF REPORT template.doc 8 . . . 2. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings, or structures. The proposed conditional use is compatible with adjacent land uses as defined in the General Plan. Staff has reviewed the proposed residential use against the adjacent land uses and has determined that the proposed use will be consistent with the surrounding uses. The area in which the project is to be located is near existing residential uses. The proposed use will not adversely affect any of the surrounding uses because the project proposes a residential use surrounded by existing residential uses. 3. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading faCilities, buffer areas, landscaping, and other development features prescribed in this Development Code and required by Planning Commission or Council in order to integrate the use with other uses in the neighborhood. The proposed project is consistent with the Development Code and Design Guidelines for the City of Temecula. Staff has reviewed the proposed project to determine consistency with the Development Code and has found that the project meets all of the applicable requirements. The site is adequate in size and shape to accommodate the proposed residential project without affecting the yard, parking and loading, landscaping, and other development features required by the Development Code in order to integrate the use with other uses on the site and in the neighborhood. 4. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. Staff has reviewed the proposed residential use and found that it will not be detrimental to the health, safety, or general welfare of the community. Fire Prevention has reviewed circulation and drive aisle widths and has determined that the site will able to be adequately served by the Fire Department in an emergency situation. ATTACHMENTS 1. Plan Reductions - Vesting Tract Map - Blue Page 10 2. Plan Reductions - Product Review - Blue Page 11 3. PC Resolution No. 05-_ - Blue Page 12 Exhibit A - Draft Conditions of Approval 4. Mitigation Monitoring Program - Blue Page 13 R\T M\2004\04-0490 31946 Temecula Lane\Draft STAFF REPORT template.doc 9 . . . ATTACHMENT NO.1 PLAN REDUCTIONS VESTING TENTATIVE TRACT MAP 31946 R:\T M\2004\04-0490 31946 Temecula Lane\Draft STAFF REPORT template.doc 10 . ~ . - . , \1 ~~: " ',I 'ill . . . > r~ .' 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