HomeMy WebLinkAbout040214 PC Agenda
1
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TEMECULA PLANNING COMMISSION
REGULAR MEETING
CITY COUNCIL CHAMBERS
41000 MAIN STREET
TEMECULA, CALIFORNIA
APRIL 2, 2014 – 6:00 PM
Next in Order:
Resolution: 14-08
PRELUDE MUSIC: Earlene Bundy
CALL TO ORDER:
Flag Salute: Commissioner Harter
Roll Call: Carey, Guerriero, Harter, Kight, and Telesio
PUBLIC COMMENTS
A total of 15 minutes is provided so members of the public may address the Commission
on items that are not listed on the Agenda. Speakers are limited to three minutes each. If
you desire to speak to the Commission about an item not on the Agenda, a salmon
colored "Request to Speak" form should be filled out and filed with the Commission
Secretary.
When you are called to speak, please come forward and state your name for the record.
For all other agenda items a "Request to Speak" form must be filed with the Commission
Secretary prior to the Commission addressing that item. There is a three-minute time
limit for individual speakers.
NOTICE TO THE PUBLIC
All matters listed under Consent Calendar are considered to be routine and all will be
enacted by one roll call vote. There will be no discussion of these items unless Members
of the Planning Commission request specific items be removed from the Consent
Calendar for separate action..
CONSENT CALENDAR
1 Minutes
RECOMMENDATION:
1.1 Approve the Action Minutes of March 19, 2014
2
COMMISSION BUSINESS
2 Discussion on multi-family dwelling unit size
PUBLIC HEARING ITEMS
Any person may submit written comments to the Planning Commission before a public
hearing or may appear and be heard in support of or in opposition to the approval of the
project(s) at the time of hearing. If you challenge any of the projects in court, you may be
limited to raising only those issues you or someone else raised at the public hearing or in
written correspondences delivered to the Commission Secretary at, or prior to, the public
hearing.
Any person dissatisfied with any decision of the Planning Commission may file an appeal
of the Commission's decision. Said appeal must be filed within 15 calendar days after
service of written notice of the decision, must be filed on the appropriate Planning
Department application and must be accompanied by the appropriate filing fee.
3 CONTINUED FROM MARCH 19, 2014: Planning Application Nos. PA13-0155 and
PA13-0156, a Development Plan and Tentative Tract Map to construct a 140-unit
attached residential project, Shearwater Creek, including two-story townhomes and
three-story walk-up flats, also with a pool and clubhouse for project residents on
approximately 7 acres, located on the southernmost point of Pujol Street on the west
side of the street, Matt Peters
RECOMMENDATON:
3.1 Adopt a resolution entitled:
PC RESOLUTION NO. 14-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO. PA13-0155, A
DEVELOPMENT PLAN TO CONSTRUCT A 140-UNIT ATTACHED
RESIDENTIAL PROJECT, INCLUDING TWO-STORY TOWNHOMES AND
THREE-STORY WALK-UP FLATS, ALSO WITH A POOL AND CLUBHOUSE
FOR PROJECT RESIDENTS, LOCATED ON APPROXIMATELY 7 ACRES AT
THE SOUTHERNMOST POINT OF PUJOL STREET, ON THE WEST SIDE OF
THE STREET (APNS 922-110-013, 922-110-014)
3.2 Adopt a resolution entitled:
PC RESOLUTION NO. 14-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO. PA13-0156, A
TENTATIVE TRACT MAP 36568 (CONDO MAP) TO ALLOW FOR A 140-UNIT
ATTACHED RESIDENTIAL PROJECT LOCATED ON APPROXIMATELY 7
ACRES AT THE SOUTHERNMOST POINT OF PUJOL STREET, ON THE
WEST SIDE OF THE STREET (APNS 922-110-013, 922-110-014)
3
REPORTS FROM COMMISSIONERS
DIRECTOR OF COMMUNITY DEVELOPMENT REPORT
DIRECTOR OF PUBLIC WORKS REPORT
ADJOURNMENT
Next regular meeting: Planning Commission, Wednesday, April 16, 2014, 6:00 PM City Council
Chambers, 41000 Main Street, Temecula, California.
NOTICE TO THE PUBLIC
The agenda packet (including staff reports) will be available for public viewing in the Main Reception area at the Temecula Civic
Center (41000 Main Street, Temecula) after 4:00 PM the Friday before the Planning Commission meeting. At that time, the agenda
packet may also be accessed on the City’s website – www.cityoftemecula.org – and will be available for public viewing at the
respective meeting.
Supplemental material received after the posting of the Agenda
Any supplemental material distributed to a majority of the Commission regarding any item on the agenda, after the posting of the
agenda, will be available for public viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula,
8:00 AM – 5:00 PM). In addition, such material may be accessed on the City’s website – www.cityoftemecula.org – and will be
available for public viewing at the respective meeting.
If you have questions regarding any item on the agenda for this meeting, please contact the Planning Department at the Temecula
Civic Center, (951) 694-6400.
ITEM 1
1
ACTION MINUTES
TEMECULA PLANNING COMMISSION
REGULAR MEETING
CITY COUNCIL CHAMBERS
41000 MAIN STREET
TEMECULA, CALIFORNIA
MARCH 19, 2014 – 6:00 PM
Next in Order:
Resolution: 14-06
PRELUDE MUSIC: Earlene Bundy
CALL TO ORDER:
Flag Salute: Commissioner Guerriero
Roll Call: Carey, Guerriero, Harter, Kight, and Telesio
ABSENT: KIGHT
Staff Attendees: Villa, Garcia, Lee, Fisk, De La Torre, Damko,Taylor and Peters
PRESENTATIONS/PROCLAMATIONS
1 Business Spotlight Recognition Presentation, Tension Envelope, Christine Damko
PUBLIC COMMENTS
A total of 15 minutes is provided so members of the public may address the Commission
on items that are not listed on the Agenda. Speakers are limited to three minutes each. If
you desire to speak to the Commission about an item not on the Agenda, a salmon
colored "Request to Speak" form should be filled out and filed with the Commission
Secretary.
When you are called to speak, please come forward and state your name for the record.
For all other agenda items a "Request to Speak" form must be filed with the Commission
Secretary prior to the Commission addressing that item. There is a three-minute time
limit for individual speakers.
Ernie White addressed the Planning Commission
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.
2
CONSENT CALENDAR
2 Minutes
RECOMMENDATION
2.1 Approve the Action Minutes of March 5, 2014 APPROVED 4-0-1-0; MOTION
BY COMMISSIONER GUERRIERO, SECOND BY COMMISSIONER CAREY;
AYE VOTES FROM COMMISSIONERS CAREY, GUERRIERO, HARTER AND
TELESIO; KIGHT ABSENT
PUBLIC HEARING ITEMS
Any person may submit written comments to the Planning Commission before a public
hearing or may appear and be heard in support of or in opposition to the approval of the
project(s) at the time of hearing. If you challenge any of the projects in court, you may be
limited to raising only those issues you or someone else raised at the public hearing or in
written correspondences delivered to the Commission Secretary at, or prior to, the public
hearing.
Any person dissatisfied with any decision of the Planning Commission may file an appeal
of the Commission's decision. Said appeal must be filed within 15 calendar days after
service of written notice of the decision, must be filed on the appropriate Planning
Department application and must be accompanied by the appropriate filing fee.
3 Planning Application No. PA13-0233, a Wireless Telecommunications Facility for a new
48-foot stealth bell tower to be constructed and operated within the existing Chaparral
Self Storage, located at 27380 Nicolas Road, Kenny Taylor APPROVED 4-0-1-0;
MOTION BY COMMISSIONER TELESIO, SECOND BY COMMISSIONER CAREY;
AYE VOTES FROM COMMISSIONERS CAREY, GUERRIERO, HARTER AND
TELESIO; KIGHT ABSENT
3.1 Adopt a resolution entitled:
PC RESOLUTION NO. 14-06
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO. PA13-0233, A
WIRELESS TELECOMMUNICATIONS FACILITY APPLICATION TO ALLOW
A NEW 48-FOOT STEALTH BELL TOWER TO BE CONSTRUCTED AND
OPERATED WITHIN THE EXISTING CHAPARRAL SELF STORAGE
FACILITY LOCATED AT 27380 NICOLAS ROAD (APN 920-100-016
Ms. Rector, Murrieta resident, addressed the Planning Commission
4 Planning Application Nos. PA13-0155 and PA13-0156, a Development Plan and
Tentative Tract Map to construct a 140-unit attached residential project, Shearwater
Creek, including two-story townhomes and three-story walk-up flats, also with a pool
and clubhouse for project residents on approximately 7 acres, located on the
southernmost point of Pujol Street on the west side of the street, Matt Peters
CONTINUE TO APRIL 2, 2014, APPROVED 4-0-1-0; MOTION BY COMMISSIONER
3
GUERRIERO, SECOND BY COMMISSIONER CAREY; AYE VOTES FROM
COMMISSIONERS CAREY, GUERRIERO, HARTER AND TELESIO; KIGHT ABSENT
RECOMMENDATON:
4.1 Adopt a resolution entitled:
PC RESOLUTION NO. 14-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO. PA13-0155, A
DEVELOPMENT PLAN TO CONSTRUCT A 140-UNIT ATTACHED
RESIDENTIAL PROJECT, INCLUDING TWO-STORY TOWNHOMES AND
THREE-STORY WALK-UP FLATS, ALSO WITH A POOL AND CLUBHOUSE
FOR PROJECT RESIDENTS, LOCATED ON APPROXIMATELY 7 ACRES AT
THE SOUTHERNMOST POINT OF PUJOL STREET, ON THE WEST SIDE OF
THE STREET (APNS 922-110-013, 922-110-014)
4.2 Adopt a resolution entitled:
PC RESOLUTION NO. 14-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO. PA13-0156, A
TENTATIVE TRACT MAP 36568 (CONDO MAP) TO ALLOW FOR A 140-UNIT
ATTACHED RESIDENTIAL PROJECT LOCATED ON APPROXIMATELY 7
ACRES AT THE SOUTHERNMOST POINT OF PUJOL STREET, ON THE
WEST SIDE OF THE STREET (APNS 922-110-013, 922-110-014)
Ernie White addressed the Planning Commission
Patrice Lynes addressed the Planning Commission
5 Planning Application No. PA13-0217, a Tentative Tract Map revision for condominium
purposes to change the number of lots from four (4) lots (one condominium lot, one
recreation building, and two open space lots) for 62 detached condominium units to four
(4) lots (one condominium lot, one recreation building lot, and one open space lot) for 59
detached condominium units, located at the northeast corner of Rancho Vista Road and
Mira Loma Road, Stuart Fisk APPROVED 4-0-1-0; MOTION BY COMMISSIONER
TELESIO, SECOND BY COMMISSIONER GUERRIERO; AYE VOTES FROM
COMMISSIONERS CAREY, GUERRIERO, HARTER AND TELESIO; KIGHT ABSENT
5.1 Adopt a resolution entitled:
PC RESOLUTION NO. 14-07
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO. PA13-0217, A
TENTATIVE TRACT MAP REVISION APPLICATION (TTM 33584) TO
CHANGE THE NUMBER OF LOTS FROM 4 LOTS (ONE CONDOMINIUM
LOT, ONE RECREATION BUILDING LOT, AND TWO OPEN SPACE LOTS)
FOR 62 DETACHED CONDOMINIUM UNITS TO 4 LOTS (ONE
4
CONDOMINIUM LOT, ONE RECREATION BUILDING LOT, AND TWO OPEN
SPACE LOTS) FOR 59 DETACHED CONDOMINIUM UNITS LOCATED AT
THE NORTHEAST CORNER OF RANCHO VISTA ROAD AND MIRA LOMA
ROAD (APN 944-060-006)
Ernie White addressed the Planning Commission
Patrice Lynes addressed the Planning Commission
Wayne Hall addressed the Planning Commission
Robert Oder, Temecula business owner, addressed the Planning Commission
REPORTS FROM COMMISSIONERS
REPORTS FROM COMMISSIONER SUBCOMMITTEE(S)
DIRECTOR OF COMMUNITY DEVELOPMENT REPORT
DIRECTOR OF PUBLIC WORKS REPORT
ADJOURNMENT
Next regular meeting: Wednesday, April 2, 2014, 6:00 PM City Council Chambers, 41000 Main
Street, Temecula, California.
___________________________ ____________________________
Stanley Harter Armando G. Villa, AICP
Chairman Director of Community Development
ITEM 2
CITY OF TEMECULA
COMMUNITY DEVELOPMENT
MEMORANDUM
TO:
Planning Commission Chairperson and members of the Planning
Commission
FROM: Armando G. Villa, AICP, Director of Community Development
PREPARED BY: James Atkins, Case Planner
DATE: Wednesday, April 2, 2014
SUBJECT: Discussion of Multi-Family Residential Zone – Minimal Dwelling Unit Size
As a result of Planning Commission inquiries regarding establishing a minimum dwelling unit
size for Multi-Family Residential Zones, staff has conducted research on the code requirements
in surrounding communities for the purpose of beginning a discussion on this matter.
Table A lists the City of Temecula and surrounding communities, and their associated Multi-
Family Residential Zone requirements for minimum dwelling unit size. The minimum standards
indicated below apply to all multi-family developments whether for rent apartments, or for sale
condominiums in each of the cities below.
Table A
Multi-Family Residential Zones – Minimum Dwelling Unit Size
SRO -
Efficiency
Unit4
Studio One-bedroom Two-bedroom Three-bedroom
Temecula 250 sq. ft. None None None None
Murrieta 150 sq. ft. 500 sq. ft. 500 sq. ft. 500 sq. ft. None
Lake
Elsinore1 None 450 sq. ft. 600 sq. ft. 700 sq. ft. 800 sq. ft.
Wildomar None 700 sq. ft. 700 sq. ft. 700 sq. ft. 700 sq. ft.
Hemet None 550 sq. ft. 700 sq. ft. 850 sq. ft. 1,000 sq. ft.
Moreno
Valley 220 sq. ft. None 450 sq. ft. 800 sq. ft. 1,000 sq. ft.
Vista None 400 sq. ft. 700 sq. ft. 880 sq. ft. 1160 sq. ft.
Poway None None None None None
County of
Riverside3 None 750 sq. ft. 750 sq. ft. 750 sq. ft. 750 sq. ft.
Perris2
Multi-Family Residential (MFR-14) – 480 square feet minimum.
Multi-Family Residential (MFR-22) – SROs, also known as efficiency units to
have a minimum size of 150 square feet and a maximum of 400 square feet.
Conversion of an existing building to SRO housing requires a minimum unit size
of 150 square feet, however there is no maximum unit square footage.
Corona2
Low-Density Multiple-Family Residential Zone (R-2) – 800 square feet
Multiple-Family Residential Zone – (R-3) General MRF Zone – 600 square feet
minimum. A senior citizen’s and/or handicapped person’s dwelling unit shall have
a floor area of not less than 550 square feet. The minimum floor area per
dwelling unit of a senior citizen congregate housing project may be reduced
below 550 square feet, provided the square footage not included in the individual
unit is provided elsewhere in the building in the form of common activity centers
or facilities, and provided that an average unit size of 550 square feet is
maintained for the development. Notwithstanding the requirements of this
section, in no case shall a two-bedroom unit be less than 550 square feet, a one-
bedroom unit be less than 450 square feet or an efficiency unit be less than 375
square feet in area.
Multiple Dwelling Zone – (R-3-C) Grand Boulevard Revitalization Area – 600
square feet minimum.
Multiple Dwelling Zone (R-G) Major Streets – 600 square feet minimum, provided
further, that no main building shall have less than 1,000 square feet of floor area.
Riverside 400 square feet minimum, plus 100 square feet for each additional bedroom.
San
Marcos 600 square feet minimum – Mixed Use Zone only.
Escondido3
Light Multiple Family (R-2) Zone - 500 square feet minimum.
Medium Multiple Family (R-3) Zone and Heavy Multiple Family (R-4) Zone - 400
square feet minimum.
1 Exclusive of any balcony or patio area.
2 Exclusive of unroofed/open porches and garages.
3 Exclusive of porches, garages, carports, entries, terraces, patios or basements.
4 SRO/Efficiency Units typically require additional development standards and include maximum
square feet.
As a result of the research conducted on the surrounding communities, it is clear that the
regulation of minimum unit sizes in multi-family developments is an option used by several
communities in the area.
Staff recommends discussion of the use of an overall percentage, or ratio of unit sizes,
permitted in multi-family developments. The Planning Commission may wish to consider
developments standards for ownership versus rental.
ITEM 3
C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\0031D3AE-E6E1-4EBB-8D26-28CC58336302\6587.doc
CITY OF TEMECULA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: Planning Commission Chairperson and members of the Planning
Commission
FROM: Armando G. Villa, AICP, Director of Community Development
PREPARED BY Matt Peters, AICP, Associate Planner
DATE: April 2, 2014
SUBJECT: Planning Application Nos. PA13-0155 and PA13-0156, a Development Plan
and Tentative Tradt Map 36568 (Condo Map) for Shearwater Creek
On March 19, 2014, the applicant requested a continuance to the April 2, 2014 Planning
Commission hearing to allow staff to address comments on the Mitigated Negative Declaration
prepared to address the California Environmental Quality Act (CEQA).
Staff is preparing a response to Ray Johnson’s comment letter (see attached), which will be
provided to the Planning Commission and addressed in the Power Point presentation on April 2,
2014.
ATTACHMENTS:
PC Resolution (Development Plan)
Exhibit A – Draft Conditions of Approval
PC Resolution (Condo Map)
Exhibit A – Draft Conditions of Approval
Comment letter from Raymond Johnson
Planning Commission March 19, 2014 Agenda Packet
PC RESOLUTION
DEVELOPMENT PLAN
PC RESOLUTION NO. 14-
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA13-0155, A DEVELOPMENT PLAN
TO CONSTRUCT A 140 UNIT ATTACHED RESIDENTIAL
PROJECT, INCLUDING TWO STORY TOWNHOMES AND
THREE-STORY WALK-UP FLATS, ALSO WITH A POOL
AND CLUBHOUSE FOR PROJECT RESIDENTS,
LOCATED ON APPROXIMATELY 7 ACRES AT THE
SOUTHERNMOST POINT OF PUJOL STREET, ON THE
WEST SIDE OF THE STREET (APNS 922-110-013, 922-
110-014)
Section 1. Procedural Findings. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A. On June 18, 2013, Rob Honer representing Ambient Communities filed
Planning Application No. PA13-0155, a Development Plan Application in a manner in
accord with the City of Temecula General Plan and Development Code.
B. The Application was processed including, but not limited to a public notice,
in the time and manner prescribed by State and local law.
C. The Planning Commission, at a regular meeting, considered the
Application and environmental review on March 19, 2014, at a duly noticed public
hearing as prescribed by law, at which time the City staff and interested persons had an
opportunity to and did testify either in support or in opposition to this matter.
D. The Planning Commission, at the request of the Applicant, continued
Planning Application No. PA13-0155 to the April 2, 2014 Planning Commission meeting.
E. At the conclusion of the Planning Commission hearing and after due
consideration of the testimony, the Planning Commission approved Planning Application
No. PA13-0155 subject to and based upon the findings set forth hereunder.
F. All legal preconditions to the adoption of this Resolution have occurred.
Section 2. Further Findings. The Planning Commission, in approving the
Application hereby finds, determines and declares that:
Development Plan, Development Code Section (17.05.010.F)
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 Shearwater Creek project is consistent with the land use
standards and land use designation contained in the City of Temecula General
Plan. 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), the Citywide Design Guidelines, and fire and building codes.
B. The overall development of the land is designed for the protection of the
public health, safety and general welfare:
The overall design of the Shearwater Creek project, including the site, building,
parking, circulation and other associated site improvements, is consistent with,
and intended to protect the health and safety of those working and living 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 Findings. The Planning Commission hereby makes
the following environmental findings and determinations in connection with the approval
of the Development Plan Application PA13-0155:
A. Pursuant to California Environmental Quality Act (CEQA), City staff
prepared an Initial Study of the potential environmental effects of the approval of the
Development Plan Application, as described in the Initial Study (“the Project”). Based
upon the findings contained in that study, City staff determined that there was no
substantial evidence that the Project could have a significant effect on the environment
and a Mitigated Negative Declaration was prepared.
B. Thereafter, City staff provided public notice of the public comment period
and of the intent to adopt the Mitigated Negative Declaration as required by law. The
public comment period commenced on February 14, 2014, and expired on March 17,
2014. Copies of the documents have been available for public review and inspection at
the offices of the Department of Planning, located at City Hall, 41000 Main Street,
Temecula, California 92590.
C. One written comment was received prior to the public hearing and a
response to all the comments made therein was prepared, submitted to the Planning
Commission and incorporated into the administrative record of the proceedings.
D. The Planning Commission has reviewed the Mitigated Negative
Declaration and all comments received regarding the Mitigated Negative Declaration
prior to and at the April 2, 2014 public hearing, and based on the whole record before it
finds that: (1) the Mitigated Negative Declaration was prepared in compliance with
CEQA; (2) there is no substantial evidence that the Project will have a significant effect
on the environment; and (3) Mitigated Negative Declaration reflects the independent
judgment and analysis of the Planning Commission.
E. Based on the findings set forth in the Resolution, the Planning
Commission hereby adopts the Mitigated Negative Declaration prepared for this project.
Section 4. Conditions. The Planning Commission of the City of Temecula
approves Planning Application No. PA13-0155, a Development Plan to construct a 140-
unit attached residential project, including two-story townhomes and three story walk-up
flats, also with a pool and clubhouse for project residents, and Tentative Tract Map
36568 (for Condominium Purposes) located on approximately 7 acres at the
southernmost point of Pujol Street subject to the Conditions of Approval set forth on
Exhibit A, attached hereto, and incorporated herein by this reference.
Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 2nd day of April, 2014.
Stanley Harter, Chairman
ATTEST:
Armando G. Villa, AICP
Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss
CITY OF TEMECULA )
I, Armando G. Villa, Secretary of the Temecula Planning Commission, do
hereby certify that the forgoing PC Resolution No. 14- was duly and regularly
adopted by the Planning Commission of the City of Temecula at a regular meeting
thereof held on the 2nd day of April, 2014, by the following vote:
AYES: PLANNING COMMISSIONERS:
NOES: PLANNING COMMISSIONERS
ABSENT: PLANNING COMMISSIONERS
ABSTAIN: PLANNING COMMISSIONERS
Armando G. Villa, AICP
Secretary
EXHIBIT A
CITY OF TEMECULA
DRAFT CONDITIONS OF APPROVAL
Planning Application No.: PA13-0155
Project Description: A Development Plan to construct a 140-unit attached residential
project, including two-story townhomes and three-story walk-up
flats, also with a pool and clubhouse for project residents, located
on approximately 7 acres at the southernmost point of Pujol
Street, on the west side of the street
Assessor's Parcel No.: 922-110-013 and 922-110-014
MSHCP Category: Residential (greater than 14.1 du/ac)
DIF Category: Residential – attached
TUMF Category: Residential – multi-family
Quimby Category: Residential – multi-family
Approval Date: April 2, 2014
Expiration Date: April 2, 2016
PLANNING DEPARTMENT
Within 48 Hours of the Approval of This Project
PL-1. Filing Notice of Determination. The applicant/developer shall deliver to the Planning
Division a cashier's check or money order made payable to the County Clerk in the
amount of Two Thousand Two Hundred Thirty-One Dollars and Twenty-Five Cents
($2,231.25) which includes the Two Thousand One Hundred Eighty-One Dollars
and Twenty-Five Cents ($2,181.25) fee, required by Fish and Wildlife Code Section
711.4(d)(3) plus the Fifty Dollars ($50.00) County administrative fee, to enable the
City to file the Notice of Determination for the Mitigated Negative Declaration
required under Public Resources Code Section 21152 and California Code of
Regulations Section 15075. If within said 48-hour period the applicant/ developer
has not delivered to the Planning Division the check as required above, the approval
for the project granted shall be void due to failure of condition [Fish and Wildlife
Code Section 711.4(c)].
General Requirements
PL-2. Indemnification of the City. The applicant and owner of the real property subject to
this condition shall hereby agree to indemnify, protect, hold harmless, and defend
the City with Legal Counsel of the City's own selection from any and all claims,
actions, awards, judgments, or proceedings against the City to attack, set aside,
annul, or seek monetary damages resulting, directly or indirectly, from any action in
furtherance of and the approval of the City, or any agency or instrumentality thereof,
advisory agency, appeal board or legislative body including actions approved by the
voters of the City, concerning the Planning Application. The City shall be deemed
for purposes of this condition, to include any agency or instrumentality thereof, or
any of its elected or appointed officials, officers, employees, consultants,
contractors, legal counsel, and agents. City shall promptly notify both the applicant
and landowner of any claim, action, or proceeding to which this condition is
applicable and shall further cooperate fully in the defense of the action. The City
reserves the right to take any and all action the City deems to be in the best interest
of the City and its citizens in regards to such defense.
PL-3. Modifications or Revisions. The permittee shall obtain City approval for any
modifications or revisions to the approval of this project.
PL-4. Expiration. This approval shall be used within two years of the approval date;
otherwise, it shall become null and void. By “use” is meant the beginning of
substantial construction contemplated by this approval within the two year period,
which is thereafter diligently pursued to completion, or the beginning of substantial
utilization contemplated by this approval, or use of a property in conformance with a
Conditional Use Permit.
PL-5. Time Extension. The Director of Community Development may, upon an application
being filed prior to expiration, and for good cause, grant a time extension of up to 3
one-year extensions of time, one year at a time.
PL-6. Signage Permits. A separate building permit shall be required for all signage,
including entry monuments.
PL-7. Conformance with Approved Plans. The development of the premises shall
substantially conform to the approved site plan and elevations contained on file with
the Planning Division.
PL-8. Landscape Maintenance. Landscaping installed for the project shall be continuously
maintained to the reasonable satisfaction of the Director of Community
Development. If it is determined that the landscaping is not being maintained, the
Director of Community Development shall have the authority to require the property
owner to bring the landscaping into conformance with the approved landscape plan.
The continued maintenance of all landscaped areas shall be the responsibility of the
developer or any successors in interest.
PL-9. Graffiti. All graffiti shall be removed within 24 hours on telecommunication towers,
equipment, walls, or other structures.
PL-10. Water Quality and Drainage. Other than stormwater, it is illegal to allow liquids,
gels, powders, sediment, fertilizers, landscape debris, and waste from entering the
storm drain system or from leaving the property. To ensure compliance with this
Condition of Approval:
a. Spills and leaks shall be cleaned up immediately.
b. Do not wash, maintain, or repair vehicles onsite.
c. Do not hose down parking areas, sidewalks, alleys, or gutters.
d. Ensure that all materials and products stored outside are protected from rain.
e. Ensure all trash bins are covered at all times.
PL-11. Paint Inspection. The applicant shall paint a three-foot-by-three-foot section of the
building for Planning Division inspection, prior to commencing painting of the
building.
PL-12. Photographic Prints. The applicant shall submit to the Planning Division for
permanent filing two 8" X 10" glossy photographic color prints of the approved color
and materials board and the colored architectural elevations. All labels on the color
and materials board and Elevations shall be readable on the photographic prints.
PL-13. Materials and Colors. The Conditions of Approval specified in this resolution, to the
extent specific items, materials, equipment, techniques, finishes or similar matters
are specified, shall be deemed satisfied by staff’s prior approval of the use or
utilization of an item, material, equipment, finish or technique that City staff
determines to be the substantial equivalent of that required by the Conditions of
Approval. Staff may elect to reject the request to substitute, in which case the real
party in interest may appeal, after payment of the regular cost of an appeal, the
decision to the Planning Commission for its decision.
MATERIAL COLOR
Concrete Roof Tile
Walls
Composite Railings
Wood Trellis
Decorative Outlookers
2x6 Resawn Wood Fascia
Foam Trim
Brown or slate range
Omega No. 10,14, 236, or 414
Frazee CL 2987N or CL 3137N
Frazee CL 2987N or CL 3137N
Frazee CL 2987N or CL 3137N
Frazee CL 2986 A or CL 3175A
Frazee CL 2986 A or CL 3175A
PL-14. Trash Enclosures. Trash enclosures shall be provided to house all trash
receptacles utilized on the site. These shall be clearly labeled on the site plan.
PL-15. Covered Trash Enclosures. All trash enclosures on site shall include a solid cover
and the construction plans shall include all details of the trash enclosures, including
the solid cover.
PL-16. Waste Hauling and Recycling. The event organizer shall contact the City’s
franchised solid waste hauler, CR&R, at 951-943-1991 for disposal of event trash.
Only the City’s franchisee may haul solid waste within the City. The event organizer
shall also provide recycling opportunities for the participants, employees, and
volunteers.
PL-17. Phased Construction. If construction is phased, a construction staging area plan or
phasing plan for construction equipment and trash shall be approved by the Director
of Community Development.
PL-18. Construction and Demolition Debris. The developer shall contact the City’s
franchised solid waste hauler for disposal of construction and demolition debris and
shall provide the Planning Division verification of arrangements made with the City’s
franchise solid waste hauler for disposal of construction and demolition debris. Only
the City’s franchisee may haul demolition and construction debris.
PL-19. Public Art Ordinance. The applicant shall comply with the requirements of the City’s
Public Art Ordinance as defined in Section 5.08 of the Temecula Municipal Code.
PL-20. Property Maintenance. All parkways, including within the right-of-way, entryway
median, landscaping, walls, fencing, recreational facilities, and on-site lighting shall
be maintained by the property owner or maintenance association.
PL-21. Trash Enclosures. The trash enclosures shall be large enough to accommodate a
recycling bin, as well as regular solid waste containers.
Prior to Issuance of Grading Permit(s)
PL-22. Placement of Transformer. Provide the Planning Division with a copy of the
underground water plans and electrical plans for verification of proper placement of
transformer(s) and double detector check prior to final agreement with the utility
companies.
PL-23. Placement of Double Detector Check Valves. Double detector check valves shall
be installed at locations that minimize their visibility from the public right-of-way,
subject to review and approval by the Director of Community Development.
PL-24. Archaeological/Cultural Resources Grading Note. The following shall be included in
the Notes Section of the Grading Plan: “If at any time during
excavation/construction of the site, archaeological/cultural resources, or any
artifacts or other objects which reasonably appears to be evidence of cultural or
archaeological resource are discovered, the property owner shall immediately
advise the City of such and the City shall cause all further excavation or other
disturbance of the affected area to immediately cease. The Director of Community
Development at his/her sole discretion may require the property owner to deposit a
sum of money it deems reasonably necessary to allow the City to consult and/or
authorize an independent, fully qualified specialist to inspect the site at no cost to
the City, in order to assess the significance of the find. Upon determining that the
discovery is not an archaeological/ cultural resource, the Planning Director shall
notify the property owner of such determination and shall authorize the resumption
of work. Upon determining that the discovery is an archaeological/cultural resource,
the Planning Director shall notify the property owner that no further excavation or
development may take place until a mitigation plan or other corrective measures
have been approved by the Planning Director.”
PL-25. Cultural Resources Treatment Agreement. The developer is required to enter into a
Cultural Resources Treatment Agreement with the Pechanga Tribe. This
Agreement will address the treatment and disposition of cultural resources and
human remains that may be impacted as a result of the development of the project,
as well as provisions for tribal monitors. (See Mitigation Monitoring Plan)
PL-26. Discovery of Cultural Resources. If cultural resources are discovered during the
project construction (inadvertent discoveries), all work in the area of the find shall
cease, and a qualified archaeologist and representatives of the Pechanga Tribe
shall be retained by the project sponsor to investigate the find, and make
recommendations as to treatment and mitigation. (See Mitigation Monitoring Plan)
PL-27. Archaeological Monitoring of Cultural Resources. A qualified archaeological monitor
will be present and will have the authority to stop and redirect grading activities, in
consultation with the Pechanga Tribe and their designated monitors, to evaluate the
significance of any archaeological resources discovered on the property. (See
Mitigation Monitoring Plan).
PL-28. Tribal Monitoring of Cultural Resources. Tribal monitors from the Pechanga Tribe
shall be allowed to monitor all grading, excavation and groundbreaking activities,
including all archaeological surveys, testing, and studies, to be compensated by the
developer. (See Mitigation Monitoring Plan)
PL-29. Relinquishment of Cultural Resources. The landowner agrees to relinquish
ownership of all cultural resources, including all archaeological artifacts that are
found on the project area, to the Pechanga Tribe for proper treatment and
disposition. (See Mitigation Monitoring Plan).
PL-30. Preservation of Sacred Sites. All sacred sites are to be avoided and preserved.
(See Mitigation Monitoring Plan)
PL-31. MSHCP Pre-Construction Survey. A 30-day preconstruction survey, in accordance
with MSHCP guidelines and survey protocol, shall be conducted prior to ground
disturbance. The results of the 30-day preconstruction survey shall be submitted to
the Planning Division prior to scheduling the pre-grading meeting with Public Works.
PL-32. Burrowing Owl Grading Note. The following shall be included in the Notes Section
of the Grading Plan: “No grubbing/clearing of the site shall occur prior to scheduling
the pre-grading meeting with Public Works. All project sites containing suitable
habitat for burrowing owls, whether owls were found or not, require a 30-day
preconstruction survey that shall be conducted within 30 days prior to ground
disturbance to avoid direct take of burrowing owls. If the results of the survey
indicate that no burrowing owls are present on-site, then the project may move
forward with grading, upon Planning Division approval. If burrowing owls are found
to be present or nesting on-site during the preconstruction survey, then the following
recommendations must be adhered to: Exclusion and relocation activities may not
occur during the breeding season, which is defined as March 1 through August 31,
with the following exception: From March 1 through March 15 and from August 1
through August 31 exclusion and relocation activities may take place if it is proven to
the City and appropriate regulatory agencies (if any) that egg laying or chick rearing
is not taking place. This determination must be made by a qualified biologist.”
PL-33. Rough Grading Plans. A copy of the Rough Grading Plans shall be submitted and
approved by the Planning Division.
Prior to Issuance of Building Permit(s)
PL-34. Transportation Uniform Mitigation Fee (TUMF). The City of Temecula adopted an
ordinance on March 31, 2003 to collect fees for a Riverside County area wide
Transportation Uniform Mitigation Fee (TUMF). This project is subject to payment of
these fees at the time of building permit issuance. The fees are subject to the
provisions of Chapter 15.08 of the Temecula Municipal Code and the fee schedule
in effect at the time of building permit issuance.
PL-35. Development Impact Fee (DIF). The developer shall comply with the provisions of
Title 15, Chapter 15.06 of the Temecula Municipal Code and all its resolutions by
paying the appropriate City fee.
PL-36. Quimby Requirements. The developer shall satisfy the City’s parkland dedication
(Quimby) requirement
PL-37. Photometric Plan. The applicant shall submit a photometric plan, including the
parking lot, to the Planning Division, which meets the requirements of the
Development Code and the Riverside County Palomar Lighting Ordinance 655. The
parking lot light standards shall be placed in such a way as to not adversely affect
the growth potential of the parking lot trees.
PL-38. Downspouts. All downspouts shall be internalized.
PL-39. Construction Landscaping and Irrigation Plans. Four (4) copies of Construction
Landscaping and Irrigation Plans shall be reviewed and approved by the Planning
Division. These plans shall be submitted as a separate submittal, not as part of the
building plans or other plan set. These plans shall conform to the approved
conceptual landscape plan, or as amended by these conditions. The location,
number, height and spread, water usage or KC value, genus, species, and container
size of the plants shall be shown. The plans shall be consistent with the Water
Efficient Ordinance and Water Storage Contingency Plan per the Rancho California
Water District. The plans shall be accompanied by the appropriate filing fee (per the
City of Temecula Fee Schedule at time of submittal) and one copy of the approved
Grading Plan.
PL-40. Parking Area Landscaping. The Landscaping and Irrigation Plans shall provide a
minimum five-foot wide planter to be installed at the perimeter of all parking areas.
Curbs, walkways, etc. are not to infringe on this area.
PL-41. Landscaping Site Inspections. The Landscaping and Irrigation Plans shall include a
note stating, “Three landscape site inspections are required. The first inspection will
be conducted at installation of irrigation while trenches are open. This will verify that
irrigation equipment and layout is per plan specifications and details. Any
adjustments or discrepancies in actual conditions will be addressed at this time and
will require an approval to continue. Where applicable, a mainline pressure check
will also be conducted. This will verify that the irrigation mainline is capable of being
pressurized to 150 psi for a minimum period of two hours without loss of pressure.
The second inspection will verify that all irrigation systems are operating properly,
and to verify that all plantings have been installed consistent with the approved
construction landscape plans. The third inspection will verify property landscape
maintenance for release of the one-year landscape maintenance bond.” The
applicant/owner shall contact the Planning Division to schedule inspections.
PL-42. Agronomic Soils Report. The Landscaping and Irrigation Plans shall include a note
on the plans stating, “The contractor shall provide two copies of an agronomic soils
report at the first irrigation inspection.”
PL-43. Water Usage Calculations. The Landscaping and Irrigation Plans shall include
water usage calculations per Chapter 17.32 of the Development Code (Water
Efficient Ordinance), the total cost estimate of plantings and irrigation (in
accordance with approved plan). Applicant shall use evapotranspiration (ETo)
factor of 0.70 for calculating the maximum allowable water budget.
PL-44. Landscape Maintenance Program. A landscape maintenance program shall be
submitted to the Planning Division for approval. The landscape maintenance
program shall detail the proper maintenance of all proposed plant materials to
assure proper growth and landscape development for the long-term esthetics of the
property. The approved maintenance program shall be provided to the landscape
maintenance contractor who shall be responsible to carry out the detailed program.
PL-45. Specifications of Landscape Maintenance Program. Specifications of the landscape
maintenance program shall indicate, “Three landscape site inspections are required.
The first inspection will be conducted at installation of irrigation while trenches are
open. This will verify that irrigation equipment and layout is per plan specifications
and details. Any adjustments or discrepancies in actual conditions will be
addressed at this time and will require an approval to continue. Where applicable, a
mainline pressure check will also be conducted. This will verify that the irrigation
mainline is capable of being pressurized to 150 psi for a minimum period of two
hours without loss of pressure. The second inspection will verify that all irrigation
systems are operating properly, and to verify that all plantings have been installed
consistent with the approved construction landscape plans. The third inspection will
verify property landscape maintenance for release of the one-year landscape
maintenance bond.” The applicant/owner shall contact the Planning Division to
schedule inspections.
PL-46. Irrigation. Automatic irrigation shall be installed for all landscaped areas and
complete screening of all ground mounted equipment from view of the public from
streets and adjacent property for (private common areas; front yards and slopes
within individual lots; shrub planting to completely screen perimeter walls adjacent to
a public right-of-way equal to 66 feet or larger; and, all landscaping excluding City
maintained areas and front yard landscaping which shall include, but may not be
limited to, private slopes and common areas).
PL-47. Temporary Landscaping Requirement for Phased Development. If any phase or
area of the project site is not scheduled for development within six months of the
completion of grading, it shall be temporarily landscaped and irrigated for dust and
soil erosion control.
PL-48. Hardscaping. The plans shall include all hardscaping for all trails and walkways
within private common areas.
a. Wall and Fence Plans. Wall and fence plans shall be consistent with the
Conceptual Landscape Plans showing the height, location and the following
materials for all walls and fences:
b. Decorative block for the perimeter of the project adjacent to a public right-of-way
equal to 66 feet or larger and the side yards for corner lots.
c. Wrought iron or decorative block and wrought iron combination to take
advantage of views for side and rear yards.
d. Wood fencing shall be used for all side and rear yard fencing when not
restricted/conditioned outlined above.
PL-49. Precise Grading Plans. Precise Grading Plans shall be consistent with the
approved rough grading plans including all structural setback measurements.
PL-50. WQMP Treatment Devices. All WQMP treatment devices, including design details,
shall be shown on the construction landscape plans. If revisions are made to the
WQMP design that result in any changes to the conceptual landscape plans after
entitlement, the revisions will be shown on the construction landscape plans, subject
to the approval of the Director of Community Development.
PL-51. Roof-Mounted Mechanical Equipment. Roof-mounted mechanical equipment shall
not be permitted within the subdivision; however, solar equipment or any other
energy saving devices shall be permitted with Director of Community Development
approval.
PL-52. Utility Screening. All utilities shall be screened from public view. Landscape
construction drawings shall show and label all utilities and provide appropriate
screening. Provide a three-foot clear zone around fire check detectors as required
by the Fire Department before starting the screen. Group utilities together in order
to reduce intrusion. Screening of utilities is not to look like an after-thought. Plan
planting beds and design around utilities. Locate all light poles on plans and ensure
that there are no conflicts with trees.
PL-53. Building Construction Plans for Outdoor Areas. Building Construction Plans shall
include detailed outdoor areas (including but not limited to trellises, decorative
furniture, fountains, hardscape (to match the style of the building subject to the
approval of the Planning Director.
Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit
PL-54. Letter of Substantial Conformance. The applicant shall submit a letter of substantial
conformance, subject to field verification by the Director of Community Development
or his/her designee. Said letter of substantial conformance shall be prepared by the
project designer and shall indicate that all plant materials and irrigation system
components have been installed in accordance with the approved final landscape
and irrigation plans. Such letter of substantial conformance shall be submitted prior
to scheduling for the final inspection.
PL-55. Screening of Loading Areas. The applicant shall be required to screen all loading
areas and roof mounted mechanical equipment from view of the adjacent
residences and public right-of-ways. If upon final inspection it is determined that
any mechanical equipment, roof equipment or backs of building parapet walls are
visible from any portion of the public right-of-way adjacent to the project site, the
developer shall provide screening by constructing a sloping tile covered mansard
roof element or other screening reviewed and approved by the Planning Director.
PL-56. Landscape Installation Consistent with Construction Plans. All required landscape
planting and irrigation shall have been installed consistent with the approved
construction plans and shall be in a condition acceptable to the Planning Director.
The plants shall be healthy and free of weeds, disease, or pests. The irrigation
system shall be properly constructed and in good working order.
PL-57. Front Yard and Slope Landscaping. Front yard and slope landscaping within
individual lots shall be completed for inspection.
PL-58. Private Common Area Landscaping. Private common area landscaping shall be
completed for inspection prior to issuance of the adjacent building occupancy
permita.
PL-59. HOA Landscaping. HOA landscaping shall be completed for inspection for those
lots adjacent to HOA landscaped area.
PL-60. Performance Securities. Performance securities, in amounts to be determined by
the Director of Community Development, to guarantee the maintenance of the
plantings in accordance with the approved construction landscape and irrigation
plan, shall be filed with the Planning Division for a period of one year from final
Certificate of Occupancy. After that year, if the landscaping and irrigation system
have been maintained in a condition satisfactory to the Director of Community
Development, the bond shall be released upon request by the applicant.
PL-61. Installation of Site Improvements. All site improvements, including but not limited to,
parking areas and striping shall be installed.
PL-62. TCSD Service Levels. It shall be the developer’s responsibility to provide written
disclosure of the existence of the Temecula Community Service District (TCSD) and
its service level rates and charges to all prospective purchasers.
PL-63. Compliance with Conditions of Approval. All of the foregoing conditions shall be
complied with prior to occupancy or any use allowed by this permit.
OUTSIDE AGENCIES
PL-64. Compliance with. County of Riverside Department of Environmental Health’s
transmittals dated July 8, 2013, copies of which are attached.
PL-65. Compliance with. Eastern Municipal Water District’s transmittal dated July 1, 2012
but received on July 3, 2013, a copy of which is attached. (City suspects 2012 was
a “typo”).
PL-66. Compliance with. Rancho California Water District’s transmittal dated July 3, 2013, a
copy of which is attached.
PL-67. Compliance with. Metropolitan Water District’s transmittal dated August 1, 2013, a
copy of which is attached.
PL-68. Compliance with. Riverside County Flood Control and Water Conservation District’s
transmittal dated July 16, 2013, a copy of which is attached.
BUILDING AND SAFETY DEPARTMENT
General Conditions
B-1. Final Building and Safety Conditions. Final Building and Safety conditions will be
addressed when building construction plans are submitted to Building and Safety for
review. These conditions will be based on occupancy, use, the California Building
Code (CBC), and related codes which are enforced at the time of building plan
submittal.
B-2. Compliance with Code. All design components shall comply with applicable
provisions of the 2013 edition of the California Building, Plumbing and Mechanical
Codes; 2013 California Electrical Code; California Administrative Code, 2013
California Energy Codes, 2013 California Green Building Standards, California Title
24 Disabled Access Regulations, and City of Temecula Municipal Code.
B-3. Green Measures. The applicant shall provide 10% voluntary green measures on
the project, as stipulated by the 2013 California Green Building Standards.
B-4. Disabled Access. Applicant shall provide details of all applicable disabled access
provisions and building setbacks on plans to include:
a. All ground floor units to be adaptable.
b. Disabled access from the public way to the main entrance of the building.
c. Van accessible parking located as close as possible to the main entry.
d. Path of accessibility from parking to furthest point of improvement.
e. Path of travel from public right-of-way to all public areas on site, such as club
house, trash enclose tot lots and picnic areas.
B-5. County of Riverside Mount Palomar Ordinance. Applicant shall submit, at time of
plan review, a complete exterior site lighting plan showing compliance with County
of Riverside Mount Palomar Ordinance Number 655 for the regulation of light
pollution. All streetlights and other outdoor lighting shall be shown on electrical
plans submitted to the Building and Safety Division. Any outside lighting shall be
hooded and aimed not to shine directly upon adjoining property or public rights-of-
way.
B-6. Street Addressing. Applicant must obtain street addressing for all proposed
buildings by requesting street addressing and submitting a site plan for commercial
or multi-family residential projects or a recorded final map for single-family
residential projects.
B-7. Clearance from TVUSD. A receipt or clearance letter from the Temecula Valley
School District shall be submitted to the Building and Safety Department to ensure
the payment or exemption from School Mitigation Fees.
B-8. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and
permit approvals prior to commencement of any construction work.
B-9. Obtaining Separate Approvals and Permits. Trash enclosures, patio covers, light
standards, and any block walls will require separate approvals and permits.
B-10. Sewer and Water Plan Approvals. On-site sewer and water plans will require
separate approvals and permits
B-11. Hours of Construction. Signage shall be prominently posted at the entrance to the
project, indicating the hours of construction, as allowed by the City of Temecula
Municipal Ordinance 9.20.060, for any site within one-quarter mile of an occupied
residence. The permitted hours of construction are Monday through Saturday from
7:00 a.m. to 6:30 p.m. No work is permitted on Sundays and nationally recognized
Government Holidays.
B-12. House Electrical Meter. Applicant shall provide a house electrical meter to provide
power for the operation of exterior lighting, irrigation pedestals and fire alarm
systems for each building on the site. Developments with single user buildings shall
clearly show on the plans how the operation of exterior lighting and fire alarm
systems when a house meter is not specifically proposed.
At Plan Review Submittal
B-13. Submitting Plans and Calculations. Applicant must submit to Building and Safety
four (4) complete sets of plans and two (2) sets of supporting calculations for review
and approval including:
a. An electrical plan including load calculations and panel schedule, plumbing
schematic, and mechanical plan applicable to scope of work.
b. A Sound Transmission Control Study in accordance with the provisions of the
Section 1207, of the 2013 edition of the California Building Code.
c. A precise grading plan to verify accessibility for persons with disabilities.
d. Truss calculations that have been stamped by the engineer of record of the
building and the truss manufacturer engineer.
Prior to Issuance of Grading Permit(s)
B-14. Onsite Water and Sewer Plans. Onsite water and sewer plans, submitted
separately from the building plans, shall be submitted to Building and Safety for
review and approval.
B-15. Demolition Permits. A demolition permit shall be obtained if there is an existing
structure to be removed as part of the project.
Prior to Issuance of Building Permit(s)
B-16. Plans Require Stamp of Registered Professional. Applicant shall provide
appropriate stamp of a registered professional with original signature on the plans.
Prior to Beginning of Construction
B-17. Pre-Construction Meeting. A pre-construction meeting is required with the building
inspector prior to the start of the building construction.
FIRE PREVENTION
General Requirements
F-1. Fire Dept. Plan Review. Final fire and life safety conditions will be addressed when
building plans are reviewed by the Fire Prevention Bureau. These conditions will be
based on occupancy, use, the California Building Code (CBC), California Fire Code
(CFC), and related codes which are in force at the time of building plan submittal.
F-2. Fire Flow. The Fire Prevention Bureau is required to set a minimum fire flow for the
remodel or construction of all residential buildings per CFC Appendix B. The
developer shall provide for this project, a water system capable of delivering 4,000
GPM at 20-PSI residual operating pressure for a 4-hour duration for multi-family
projects. The fire flow as given above has taken into account all information as
provided (CFC Appendix B and Temecula City Ordinance 15.16.020).
F-3. Fire Hydrants. The Fire Prevention Bureau is required to set minimum fire hydrant
distances per CFC Appendix C. Standard fire hydrants (6” x 4” 2 ½” outlets) shall
be located on Fire Department access roads and adjacent public streets. Hydrants
shall be spaced at 350 feet apart at each intersection, and shall be located no more
than 210 feet from any point on the street or Fire Department access road(s)
frontage to a hydrant for multi-family projects. 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 Appendix C and Temecula City Ordinance
15.16.020).
Prior to Issuance of Grading Permit(s)
F-4. Turning Radius (Culdesac). Maximum cul-de-sac length shall not exceed 1320 feet.
Minimum outside turning radius on any cul-de-sac shall be 45 feet for multi-family
dwelling tracts. (CFC Chapter 5 along with the Temecula City Ordinance 15.16.020).
F-5. All Weather Access Roads. Fire apparatus access roads and driveways shall be
designed and maintained to support the imposed loads of fire apparatus and shall
be with a surface to provide all-weather driving capabilities. Access roads shall be
80,000 lbs. GVW with a minimum of AC thickness of .25 feet. In accordance with
Section 3310.1, prior to building construction, all locations where structures are to
be built shall have fire apparatus access roads (CFC Chapter 5 and Temecula City
Ordinance 15.16.020).
F-6. Access Road Widths. Fire Department vehicle access roads shall have an
unobstructed width of not less than 24 feet for multi-family projects with an
unobstructed vertical clearance of not less than 13 feet 6 inches (CFC Chapter 5
and Temecula City Ordinance 15.16.020).
F-7. Gradient Of Access Roads. The gradient for fire apparatus access roads shall not
exceed 15 percent (CFC Chapter 5 and City Ordinance 15.16.020).
F-8. Two Point Access. This development shall maintain two points of access, via all-
weather surface roads, as approved by the Fire Prevention Bureau (CFC Chapter
5).
F-9. Turning Radius. Dead end roadways and streets in excess of 150 feet which have
not been completed shall have a turnaround capable of accommodating fire
apparatus (CFC Chapter 5 and City Ordinance 15.16.020).
Prior to Issuance of Building Permit(s)
F-10. Required Submittals (Fire Underground Water). The developer shall furnish three
copies of the water system plans to the Fire Prevention Bureau for approval prior to
installation for all private water systems pertaining to the fire service loop. Plans
shall be signed by a registered civil engineer, contain a Fire Prevention Bureau
approval signature block, and conform to hydrant type, location, spacing and
minimum fire flow standards. Hydraulic calculations will be required with the
underground submittal to ensure fire flow requirements are being met for the on-site
hydrants. The plans must be submitted and approved prior to building permit being
issued (CFC Chapter 5 and Chapter 33).
F-11. Required Submittals (Fire Sprinkler Systems). Fire sprinkler plans shall be
submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans
must be submitted by the installing contractor to the Fire Prevention Bureau. These
plans must be submitted prior to the issuance of building permit.
F-12. Required Submittals (Fire Alarm Systems). Fire alarm plans shall be submitted to
the Fire Prevention Bureau for approval. Three sets of alarm plans must be
submitted by the installing contractor to the Fire Prevention Bureau. The fire alarm
system is required to have a dedicated circuit from the house panel. These plans
must be submitted prior to the issuance of building permit.
F-13. Access Points. Both access points need to be constructed prior to issuance of first
building permit. The access points will be used during construction and need to
meet the minimum road widths and weight loads as specified in the above
conditions.
Prior to Issuance of Certificate of Occupancy
F-14. Hydrant Verification. Hydrant locations shall be identified by the installation of
reflective markers (blue dots) (City Ordinance 15.16.020).
F-15. Addressing. New and existing buildings shall have approved address numbers,
building numbers or approved building identification placed in a position that is
plainly legible and visible from the street or road fronting the property. These
numbers shall contrast with their background. Multi-family shall have a minimum of
12-inch numbers with suite numbers being a minimum of six inches in size (CFC
Chapter 5 and City Ordinance 15.16.020).
F-16. Address Directory (Multi-Family). A directory display monument sign shall be
required for apartment, condominium, townhouse or mobile home parks. Each
complex shall have an illuminated diagrammatic layout of the complex which
indicates the name of the complex, all streets, building identification, unit numbers,
and fire hydrant locations within the complex. Location of the sign and design
specifications shall be submitted to and be approved by the Fire Prevention Bureau
prior to installation.
F-17. Knox Box. A “Knox-Box” shall be provided. The Knox-Box shall be installed a
minimum of six feet in height and be located to the right side of the fire riser
sprinkler room (CFC Chapter 5).
F-18. Gates And Access. All manual and electronic gates on required Fire Department
access roads or gates obstructing Fire Department building access shall be
provided with the Knox Rapid entry system for emergency access by fire fighting
personnel (CFC Chapter 5).
F-19. Site Plan: The applicant shall prepare and submit to the Fire Department for
approval, a site plan designating fire lanes with appropriate lane painting and/or
signs (CFC Chapter 5).
PUBLIC WORKS DEPARTMENT
General Requirements
PW-1. Conditions of Approval. The developer shall comply with all Conditions of Approval,
the Engineering and Construction Manual and all City codes/standards at no cost to
any governmental agency.
PW-2. Entitlement Approval. The developer shall comply with the approved site plan, the
conceptual Water Quality Management Plan (WQMP) and other relevant documents
approved during entitlement. Any significant omission to the representation of site
conditions may require the plans to be resubmitted for further review and revision.
PW-3. Precise Grading Permit. A precise grading permit for onsite improvements (outside
of public right-of-way) shall be obtained from Public Works.
PW-4. Haul Route Permit. A haul route permit may be required when soils are moved on
public roadways to or from a grading site. The developer/contractor is to verify if the
permit is required. If so, he shall comply with all conditions and requirements per
the City’s Engineering and Construction Manual and as directed by Public Works.
PW-5. Encroachment Permits. Prior to commencement of any applicable construction,
encroachment permit(s) are required. An encroachment permit shall be obtained
from:
a. Public Works for public offsite improvements; and
b. Riverside County Flood Control and Water Conservation District (RCFC&WCD)
PW-6. Street Improvement Plans. The developer shall submit public/private street
improvement plans for review and approval by Public Works. The plans shall be in
compliance with Caltrans and City codes/standards; and shall include, but not
limited to, plans and profiles showing existing topography, existing/proposed utilities,
proposed centerline, top of curb and flowline grades.
PW-7. Right-of-Way Dedications. All easements and/or right-of-way dedications shall be
offered 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 Public Works.
PW-8. Signing & Striping Plan. A signing & striping plan, designed by a registered civil
engineer per the latest edition of Caltrans MUTCD standards, shall be included with
the street improvement plans for approval.
PW-9. Storm Drain Improvement Plans. The developer shall submit storm drain
improvement plans if the street storm flows exceeds top of curb for the 10-yr storm
event and/or is not contained within the street right-of-way for the 100-yr storm
event. A manhole shall be constructed at right-of-way where a private and public
storm drain systems connect. The plans shall be approved by Public Works.
PW-10. Drainage and Water Quality Facility Maintenance. All onsite drainage and water
quality facilities shall be privately maintained.
PW-11. Emergency Access. The southerly 24-foot wide opening on Pujol Street is restricted
to emergency access only.
Prior to Issuance of Grading Permit(s)
PW-12. Environmental Constraint Sheet (ECS). The developer shall comply with all
constraints per the recorded ECS with any underlying maps related to the subject
property.
PW-13. Required Clearances. As deemed necessary by Public Works, the developer shall
receive written clearances/permits from applicable agencies such as RCFC&WCD
and other affected agencies.
PW-14. Grading/Erosion & Sediment Control Plan. The developer shall submit a
grading/erosion & sediment control plan(s) to be reviewed and approved by Public
Works. All plans shall be coordinated for consistency with adjacent projects and
existing improvements contiguous to the site. The approved plan shall include all
final WQMP water quality facilities and all construction-phase pollution-prevention
controls to adequately address non-permitted runoff. Refer to the City’s Engineering
& Construction Manual at:
http://www.cityoftemecula.org/Temecula/Government/PublicWorks/engineeringconst
manual.htm
PW-15. Grading/Erosion & Sediment Control Securities. The developer shall comply with
the provisions of Chapter 24, Section 18.24.140 of the Temecula Municipal Code by
posting security for private development and entering into an agreement to
guarantee the grading and erosion & sediment control improvements.
PW-16. Habitat Conservation Fee. The developer shall comply with the provisions of
Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the
appropriate fee set forth in the ordinance or by providing documented evidence that
the fees have already been paid.
PW-17. Area Drainage Plan (ADP) Fee to RCFC&WCD. The developer shall demonstrate
to the City that the flood mitigation charge (ADP fee) has been paid to RCFC&WCD.
If the full ADP fee has already been credited to this property, the developer shall
show proof of credit; and no new charge will be required.
PW-18. Letter of Permission/Easements. The developer shall coordinate with adjacent
property owners affected by the project’s improvements and shall obtain the
required documents such as letters of permission, easement(s) and/or maintenance
agreement(s) for any offsite work performed on adjoining properties. The
document’s format is as directed by, and shall be submitted to, Public Works for
acceptance. The document information shall be noted on the approved grading
plan.
PW-19. NPDES General Permit Compliance. The developer shall obtain project coverage
under the State National Pollutant Discharge Elimination System (NPDES) General
Permit for Construction Activities and shall provide the following:
a. A copy of the Waste Discharge Identification Number (WDID) issued by the State
Water Resources Control Board (SWRCB);
b. The project’s Risk Level (RL) determination number; and
c. The name, contact information and certification number of the Qualified SWPPP
Developer (QSD).
Pursuant to the State Water Resources Control Board (SWRCB) requirements and
City’s storm water ordinance, a Storm Water Pollution Prevention Plan (SWPPP)
shall be generated and submitted to the Board. Throughout the project duration, the
SWPPP shall be routinely updated and readily available (onsite) to the State and
City. Review www.cabmphandbooks.com for SWPPP guidelines. Refer to the
following link:
http://www.waterboards.ca.gov/water_issues/programs/stormwater/construction.sht
ml
PW-20. Water Quality Management Plan (WQMP) and O&M Agreement. The developer
shall submit a final WQMP (prepared by a registered professional engineer) with
the initial grading plan submittal, based on the conceptual WQMP from the
entitlement process. It must receive acceptance by Public Works. A copy of the
final project-specific WQMP must be kept onsite at all times. In addition, a
completed WQMP Operation and Maintenance (O&M) Agreement shall be
submitted for review and approval. Refer to the WQMP template and agreement
link below:
http://www.cityoftemecula.org/Temecula/Government/PublicWorks/WQMPandNPDE
S/WQMP.htm
PW-21. Soils Report. A soils report, prepared by a registered soil or civil engineer, shall be
submitted to Public Works with the initial grading plan submittal. The report shall
address the site’s soil conditions and provide recommendations for the construction
of engineered structures and pavement sections.
PW-22. Drainage Study. A drainage study shall be prepared by a registered civil engineer
and submitted to Public Works with the initial grading plan check in accordance with
City, Riverside County and engineering standards. The study shall identify storm
water runoff quantities (to mitigate the 100-year storm event) from the development
of this site and upstream of the site. It shall identify all existing or proposed offsite
or onsite, public or private, drainage facilities intended to discharge this runoff.
Runoff shall be conveyed to an adequate outfall capable of receiving the storm
water runoff without damage to public or private property. The study shall include a
capacity analysis verifying the adequacy of all facilities. Any upgrading or upsizing
of drainage facilities necessary to convey the storm water runoff shall be provided
as part of development of this project.
a. Pujol Street drainage facilities
i. Analyze adequacy of the existing storm drain facility discharging into
Murrieta Creek and construct required private storm drain improvements.
ii. Permission to construct the extension of the private storm drain facility to
Murrieta Creek shall be obtained from respective property owner(s)
iii. A private drainage and maintenance easement shall be acquired from the
property owner and recorded.
iv. Developer shall provide a recorded document accepting offsite drainage.
PW-23. Drainage. All applicable drainage shall be depicted on the grading plan and
properly accommodated with onsite drainage improvements and water quality
facilities, which shall be privately maintained. Alterations to existing drainage
patterns or concentration and/or diverting flows is not allowed unless the developer
constructs adequate drainage improvements and obtains the necessary permissions
from the downstream property owners. All drainage leaving the site shall be
conveyed into a public storm drain system, if possible. The creation of new cross lot
drainage is not permitted.
PW-24. RCFC&WCD Approval. 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.
PW-25. Sight Distance. The developer shall limit landscaping in the corner cut-off area of all
street intersections and adjacent to driveways to provide for minimum sight distance
and visibility.
Prior to Issuance of Encroachment Permit(s)
PW-26. Public Utility Agency Work. The developer shall submit all relevant documentation
due to encroaching within City right-of-way; and is responsible for any associated
costs and for making arrangements with each applicable public utility agency.
PW-27. Traffic Control Plans. A construction area traffic control plan (TCP) will be required
for lane closures and detours or other disruptions to traffic circulation; and shall be
reviewed and approved by Public Works. The TCP shall be designed by a
registered civil or traffic engineer in conformance with the latest edition of the
Caltrans Manual on Uniform Traffic Control Devices (MUTCD) and City standards.
PW-28. Improvement Plans. All improvement plans (including but not limited to street and
storm drain) shall be reviewed and approved by Public Works.
PW-29. Street Trenching. All street trenches shall conform to City Standard No. 407; refer
to the City’s Paving Notes.
Prior to Issuance of Building Permit(s)
PW-30. Final Map. Prior to issuance of the first building permit, Tract Map No. 36568 shall
be approved and recorded.
PW-31. Street Improvements. Prior to issuance of the first building permit, Pujol Street
improvements shall be completed.
PW-32. Construction of Street Improvements. All street improvement plans (and the
construction plans for landscaped medians) shall be approved by Public Works. The
developer shall start construction of all public and/or private street improvements, as
outlined below, in accordance to the City’s General Plan/Circulation Element and
corresponding City standards. All street improvement designs shall provide
adequate right-of-way and pavement transitions per Caltrans’ standards to join
existing street improvements.
a. Improve Pujol Street along the existing street alignment (Station 10+00 to
Station 18+12.84) ((Local Street) Modified Standard No. 104 – 60’ R/W) to
include dedication of half-width street right-of-way, installation of half-width
street improvements plus twelve feet, paving, curb, gutter and sidewalk on
the west side, mountable dike on the east side, streetlights, drainage
facilities, signing and striping and utilities (including but not limited to water
and sewer).
b. Improve Pujol Street along the new street alignment (Station 18+12.84 to
Station 20+13.59) ((Local Street) Modified Standard No. 104 – 60’ R/W) to
include dedication of full-width street right-of-way, installation of full-width
street improvements, paving, curb, gutter and sidewalk on the west side,
mountable dike on the east side, streetlights, drainage facilities, signing and
striping and utilities (including but not limited to water and sewer).
PW-33. Undergrounding Wires. All existing and proposed utility lines, except electrical lines
rated 34kV or greater, shall be installed underground per Title 15, Chapter 15.04 of
the Temecula Municipal Code and utility provider’s standards. The developer is
responsible for any associated costs, for making arrangements with each utility
agency and for obtaining the necessary easements.
PW-34. Street Lights. The developer shall submit a completed SCE street light
authorization application, an approved SCE Streetlight Plan and pay the advanced
energy fees. All costs associated with the relocation of any existing street lights
shall be paid by the developer.
PW-35. Certifications. Certifications are required from the registered civil engineer-of-record
certifying the building pad elevation(s) per the approved plans and from the soil’s
engineer-of-record certifying compaction of the building pad(s).
Prior to Issuance of Certificate of Occupancy
PW-36. Completion of Improvements. The developer shall complete all work per the
approved plans and Conditions of Approval to the satisfaction of the City Engineer.
This includes all onsite work (including water quality facilities), public improvements
and the executed WQMP Operation and Maintenance agreement.
PW-37. Utility Agency Clearances. The developer shall receive written clearances from
applicable utility agencies (i.e., Rancho California and Eastern Municipal Water
Districts, etc.) for the completion of their respective facilities and provide to Public
Works.
PW-38. Replacement of Damaged Improvements/Monuments. Any appurtenance damaged
or broken during development shall be repaired or removed and replaced to the
satisfaction of Public Works. Any survey monuments damaged or destroyed shall
be reset per City Standards by a qualified professional pursuant to the California
Business and Professional Code Section 8771.
PW-39. Certifications. Certifications are required from the registered civil engineer-of-record
certifying satisfactory completion of all improvements per the approved plans and
from the soil’s engineer–of-record certifying the final compaction.
PC RESOLUTION NO. 14-
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA13-0156, A TENTATIVE TRACT
MAP 36568 (CONDO MAP) TO ALLOW FOR A 140-UNIT
ATTACHED RESIDENTIAL PROJECT LOCATED ON
APPROXIMATELY 7 ACRES AT THE SOUTHERNMOST
POINT OF PUJOL STREET, ON THE WEST SIDE OF THE
STREET (APNS 922-110-013, 922-110-014)
Section 1. Procedural Findings. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A. On June 18, 2013, Rob Honer representing Ambient Communities filed
Planning Application No. PA13-0156, a Tentative Tract Map 36568 (for Condominium
Purposes) located on approximately 7 acres at the southernmost point of Pujol Street in
a manner in accord with the City of Temecula General Plan and Development Code.
B. The Application was processed including, but not limited to a public notice,
in the time and manner prescribed by State and local law.
C. The Planning Commission, at a regular meeting, considered the
Application and environmental review on March 19, 2014, at a duly noticed public
hearing as prescribed by law, at which time the City staff and interested persons had an
opportunity to and did testify either in support or in opposition to this matter.
D. The Planning Commission, at the request of the Applicant, continued
Planning Application No. PA13-0156 to the April 2, 2014 Planning Commission meeting.
E. At the conclusion of the Planning Commission hearing and after due
consideration of the testimony, the Planning Commission approved Planning Application
No. PA13-0155 subject to and based upon the findings set forth hereunder.
F. All legal preconditions to the adoption of this Resolution have occurred.
Section 2. Further Findings. The Planning Commission, in approving the
Application hereby finds, determines and declares that:
Tentative Tract Map, Development Code Section (16.09.140)
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;
The proposed subdivision and the design and improvements of the subdivision
are consistent with the Development Code, General Plan, and the City of
Temecula Municipal Code. The one-lot condo map on a 7.05 gross acre site will
result in a density of 20 dwelling units per acre, which is within the allowable
density range of 13-20 units per acre consistent with the High Density Residential
standards.
B. The Tentative Map does not propose to divide land, which is subject to a contract
entered into pursuant to the California Land Conservation Act of 1965;
The site is physically suitable for the type and proposed density of development
proposed by the Tentative Map.
C. The site is physically suitable for the type and proposed density of
development proposed by the Tentative Map;
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.
D. 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;
The design of the subdivision and the proposed improvements, with Conditions
of Approval, will not likely cause significant environmental damage or
substantially and avoidably injure fish or wildlife or their habitat, because the
Initial Study and associated mitigation outlined in the special reports prepared for
the project have been incorporated into the Conditions of Approval and Mitigated
Negative Declaration with Mitigation Monitoring Program.
E. The design of the subdivision and the type of improvements are not likely
to cause serious public health problems;
The design of the subdivision and the type of improvements are not likely to
cause serious public health problems because the proposed development is
consistent with all applicable building, development and fire codes, which include
provisions to safeguard public health, and will be further reviewed and inspected
by City staff for compliance with all applicable building, development and fire
codes prior to issuance of grading, building, and occupancy permits.
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. The project has been designed to ensure that all setbacks
have been met and that light and air access is available to the extent possible. In
addition, the construction will be required to conform to all state energy efficiency
codes as well.
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;
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 easements and dedication are
required as Conditions of Approval.
H. The subdivision is consistent with the City’s parkland dedication
requirements (Quimby);
The subdivision is consistent with the City’s parkland dedication requirements
(Quimby), because payment of Quimby fees will be required prior to issuance of
a building permit.
Section 3. Environmental Findings. The Planning Commission hereby makes
the following environmental findings and determinations in connection with the approval
of the Development Plan Application, PA13-0156:
A. Pursuant to California Environmental Quality Act (CEQA), City staff
prepared an Initial Study of the potential environmental effects of the approval of the
Development Plan Application, as described in the Initial Study (“the Project”). Based
upon the findings contained in that study, City staff determined that there was no
substantial evidence that the Project could have a significant effect on the environment
and a Mitigated Negative Declaration was prepared.
B. Thereafter, City staff provided public notice of the public comment period
and of the intent to adopt the Mitigated Negative Declaration as required by law. The
public comment period commenced on February 14, 2014, and expired on March 17,
2014. Copies of the documents have been available for public review and inspection at
the offices of the Department of Planning, located at City Hall, 41000 Main Street,
Temecula, California 92590.
C. One written comment was received prior to the public hearing and a
response to all the comments made therein was prepared, submitted to the Planning
Commission and incorporated into the administrative record of the proceedings.
D. The Planning Commission has reviewed the Mitigated Negative
Declaration and all comments received regarding the Mitigated Negative Declaration
prior to and at the April 2, 2014 public hearing, and based on the whole record before it
finds that: (1) the Mitigated Negative Declaration was prepared in compliance with
CEQA; (2) there is no substantial evidence that the Project will have a significant effect
on the environment; and (3) Mitigated Negative Declaration reflects the independent
judgment and analysis of the Planning Commission.
E. Based on the findings set forth in the Resolution, the Planning
Commission hereby adopts the Mitigated Negative Declaration prepared for this project.
Section 4. Conditions. The Planning Commission of the City of Temecula
approves Planning Application No. PA13-0156, a Tentative Tract Map 36568 (for
Condominium Purposes) located on approximately 7 acres at the southernmost point of
Pujol Street subject to the Conditions of Approval set forth on Exhibit A, attached
hereto, and incorporated herein by this reference.
Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 2nd day of April, 2014.
Stanley Harter, Chairman
ATTEST:
Armando G. Villa, AICP
Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss
CITY OF TEMECULA )
I, Armando G. Villa, Secretary of the Temecula Planning Commission, do
hereby certify that the forgoing PC Resolution No. 14- was duly and regularly
adopted by the Planning Commission of the City of Temecula at a regular meeting
thereof held on the 2nd day of April, 2014, by the following vote:
AYES: PLANNING COMMISSIONERS:
NOES: PLANNING COMMISSIONERS
ABSENT: PLANNING COMMISSIONERS
ABSTAIN: PLANNING COMMISSIONERS
Armando G. Villa, AICP
Secretary
EXHIBIT A
CITY OF TEMECULA
DRAFT CONDITIONS OF APPROVAL
Planning Application No.: PA13-0156
Project Description: A Tentative Tract Map (Condo Map) to allow for a 140-unit attached
residential project located on approximately 7 acres at the
southernmost point of Pujol Street, on the west side of the street
Assessor's Parcel No.: 922-110-013 and 922-110-014
MSHCP Category: Residential (greater than 14.1 du/ac)
DIF Category: Residential – attached
TUMF Category: Residential – multi-family
Quimby Category: Residential – multi-family
Approval Date: April 2, 2014
Expiration Date: April 2, 2017 (three year approval for TTM)
PLANNING DEPARTMENT
Within 48 Hours of the Approval of This Project
PL-1. Filing Notice of Determination. The applicant/developer shall deliver to the Planning
Division a cashier's check or money order made payable to the County Clerk in the
amount of Two Thousand Two Hundred Thirty-One Dollars and Twenty-Five Cents
($2,231.25) which includes the Two Thousand One Hundred Eighty-One Dollars and
Twenty-Five Cents ($2,181.25) fee, required by Fish and Wildlife Code Section
711.4(d)(3) plus the Fifty Dollars ($50.00) County administrative fee, to enable the City
to file the Notice of Determination for the Mitigated Negative Declaration required under
Public Resources Code Section 21152 and California Code of Regulations Section
15075. If within said 48-hour period the applicant/ developer has not delivered to the
Planning Division the check as required above, the approval for the project granted
shall be void due to failure of condition [Fish and Wildlife Code Section 711.4(c)].
General Requirements
PL-2. Indemnification of the City. The applicant and owner of the real property subject to this
condition shall hereby agree to indemnify, protect, hold harmless, and defend the City
with Legal Counsel of the City's own selection from any and all claims, actions, awards,
judgments, or proceedings against the City to attack, set aside, annul, or seek monetary
damages resulting, directly or indirectly, from any action in furtherance of and the
approval of the City, or any agency or instrumentality thereof, advisory agency, appeal
board or legislative body including actions approved by the voters of the City,
concerning the Planning Application. The City shall be deemed for purposes of this
condition, to include any agency or instrumentality thereof, or any of its elected or
appointed officials, officers, employees, consultants, contractors, legal counsel, and
agents. City shall promptly notify both the applicant and landowner of any claim, action,
or proceeding to which this condition is applicable and shall further cooperate fully in the
defense of the action. The City reserves the right to take any and all action the City
deems to be in the best interest of the City and its citizens in regards to such defense.
PL-3. Modifications or Revisions. The permittee shall obtain City approval for any
modifications or revisions to the approval of this project.
PL-4. Expiration. This approval shall be used within three years of the approval date;
otherwise, it shall become null and void. By “use” is meant the beginning of substantial
construction contemplated by this approval within the three years period, which is
thereafter diligently pursued to completion, or the beginning of substantial utilization
contemplated by this approval, or use of a property in conformance with a Conditional
Use Permit.
PL-5. Time Extension. The Director of Community Development may, upon an application
being filed prior to expiration, and for good cause, grant a time extension of up to 5 one-
year extensions of time, one year at a time.
PL-6. Conformance with Approved Plans. The development of the premises shall
substantially conform to the approved map, site plan and elevations contained on file
with the Planning Division.
PL-7. Landscape Maintenance. Landscaping installed for the project shall be continuously
maintained to the reasonable satisfaction of the Director of Community Development. If
it is determined that the landscaping is not being maintained, the Director of Community
Development shall have the authority to require the property owner to bring the
landscaping into conformance with the approved landscape plan. The continued
maintenance of all landscaped areas shall be the responsibility of the developer or any
successors in interest.
PL-8. Water Quality and Drainage. Other than stormwater, it is illegal to allow liquids, gels,
powders, sediment, fertilizers, landscape debris, and waste from entering the storm
drain system or from leaving the property. To ensure compliance with this Condition of
Approval:
a. Spills and leaks shall be cleaned up immediately.
b. Do not wash, maintain, or repair vehicles onsite.
c. Do not hose down parking areas, sidewalks, alleys, or gutters.
d. Ensure that all materials and products stored outside are protected from rain.
e. Ensure all trash bins are covered at all times.
PL-9. Phased Construction. If construction is phased, a construction staging area plan or
phasing plan for construction equipment and trash shall be approved by the Director of
Community Development.
PL-10. Subdivision Map Act. The tentative subdivision shall comply with the State of California
Subdivision Map Act and to all the requirements of Ordinance No. 460, unless modified
by the conditions listed below. An Extension of Time may be approved in accordance
with the State Map Act and City Ordinance, upon written request, if made 60 days prior
to the expiration date.
PL-11. Subdivision Phasing. If subdivision phasing is proposed, a phasing plan shall be
submitted to and approved by the Community Development Director.
PL-12. Construction and Demolition Debris. The developer shall contact the City’s franchised
solid waste hauler for disposal of construction and demolition debris and shall provide
the Planning Division verification of arrangements made with the City’s franchise solid
waste hauler for disposal of construction and demolition debris. Only the City’s
franchisee may haul demolition and construction debris.
PL-13. Public Art Ordinance. The applicant shall comply with the requirements of the City’s
Public Art Ordinance as defined in Section 5.08 of the Temecula Municipal Code.
PL-14. Property Maintenance. All parkways, including within the right-of-way, entryway median,
landscaping, walls, fencing, recreational facilities, and on-site lighting shall be
maintained by the property owner or maintenance association.
PL-15. Trash Enclosures. The trash enclosures shall be large enough to accommodate a
recycling bin, as well as regular solid waste containers.
Prior to Issuance of Grading Permit(s)
PL-16. Placement of Transformer. Provide the Planning Division with a copy of the
underground water plans and electrical plans for verification of proper placement of
transformer(s) and double detector check prior to final agreement with the utility
companies.
PL-17. Placement of Double Detector Check Valves. Double detector check valves shall be
installed at locations that minimize their visibility from the public right-of-way, subject to
review and approval by the Director of Community Development.
PL-18. Archaeological/Cultural Resources Grading Note. The following shall be included in the
Notes Section of the Grading Plan: “If at any time during excavation/construction of the
site, archaeological/cultural resources, or any artifacts or other objects which
reasonably appears to be evidence of cultural or archaeological resource are
discovered, the property owner shall immediately advise the City of such and the City
shall cause all further excavation or other disturbance of the affected area to
immediately cease. The Director of Community Development at his/her sole discretion
may require the property owner to deposit a sum of money it deems reasonably
necessary to allow the City to consult and/or authorize an independent, fully qualified
specialist to inspect the site at no cost to the City, in order to assess the significance of
the find. Upon determining that the discovery is not an archaeological/ cultural resource,
the Planning Director shall notify the property owner of such determination and shall
authorize the resumption of work. Upon determining that the discovery is an
archaeological/cultural resource, the Planning Director shall notify the property owner
that no further excavation or development may take place until a mitigation plan or other
corrective measures have been approved by the Planning Director.”
PL-19. Cultural Resources Treatment Agreement. The developer is required to enter into a
Cultural Resources Treatment Agreement with the Pechanga Tribe. This Agreement
will address the treatment and disposition of cultural resources and human remains that
may be impacted as a result of the development of the project, as well as provisions for
tribal monitors. (See Mitigation Monitoring Plan)
PL-20. Discovery of Cultural Resources. If cultural resources are discovered during the project
construction (inadvertent discoveries), all work in the area of the find shall cease, and a
qualified archaeologist and representatives of the Pechanga Tribe shall be retained by
the project sponsor to investigate the find, and make recommendations as to treatment
and mitigation. (See Mitigation Monitoring Plan)
PL-21. Archaeological Monitoring of Cultural Resources. A qualified archaeological monitor will
be present and will have the authority to stop and redirect grading activities, in
consultation with the Pechanga Tribe and their designated monitors, to evaluate the
significance of any archaeological resources discovered on the property. (See
Mitigation Monitoring Plan)
PL-22. Tribal Monitoring of Cultural Resources. Tribal monitors from the Pechanga Tribe shall
be allowed to monitor all grading, excavation and groundbreaking activities, including all
archaeological surveys, testing, and studies, to be compensated by the developer.
(See Mitigation Monitoring Plan)
PL-23. Relinquishment of Cultural Resources. The landowner agrees to relinquish ownership
of all cultural resources, including all archaeological artifacts that are found on the
project area, to the Pechanga Tribe for proper treatment and disposition. (See
Mitigation Monitoring Plan)
PL-24. Preservation of Sacred Sites. All sacred sites are to be avoided and preserved. (See
Mitigation Monitoring Plan)
PL-25. MSHCP Pre-Construction Survey. A 30-day preconstruction survey, in accordance with
MSHCP guidelines and survey protocol, shall be conducted prior to ground disturbance.
The results of the 30-day preconstruction survey shall be submitted to the Planning
Division prior to scheduling the pre-grading meeting with Public Works.
PL-26. Burrowing Owl Grading Note. The following shall be included in the Notes Section of
the Grading Plan: “No grubbing/clearing of the site shall occur prior to scheduling the
pre-grading meeting with Public Works. All project sites containing suitable habitat for
burrowing owls, whether owls were found or not, require a 30-day preconstruction
survey that shall be conducted within 30 days prior to ground disturbance to avoid direct
take of burrowing owls. If the results of the survey indicate that no burrowing owls are
present on-site, then the project may move forward with grading, upon Planning Division
approval. If burrowing owls are found to be present or nesting on-site during the
preconstruction survey, then the following recommendations must be adhered to:
Exclusion and relocation activities may not occur during the breeding season, which is
defined as March 1 through August 31, with the following exception: From March 1
through March 15 and from August 1 through August 31 exclusion and relocation
activities may take place if it is proven to the City and appropriate regulatory agencies (if
any) that egg laying or chick rearing is not taking place. This determination must be
made by a qualified biologist.”
PL-27. Rough Grading Plans. A copy of the Rough Grading Plans shall be submitted and
approved by the Planning Division.
Prior to Issuance of Building Permit(s)
PL-28. Transportation Uniform Mitigation Fee (TUMF). The City of Temecula adopted an
ordinance on March 31, 2003 to collect fees for a Riverside County area wide
Transportation Uniform Mitigation Fee (TUMF). This project is subject to payment of
these fees at the time of building permit issuance. The fees are subject to the
provisions of Chapter 15.08 of the Temecula Municipal Code and the fee schedule in
effect at the time of building permit issuance.
PL-29. Development Impact Fee (DIF). The developer shall comply with the provisions of Title
15, Chapter 15.06 of the Temecula Municipal Code and all its resolutions by paying the
appropriate City fee.
PL-30. Quimby Requirements. The developer shall satisfy the City’s parkland dedication
(Quimby) requirement through the payment of in-lieu fees equivalent to acres of
parkland, based upon the City’s then current land evaluation. Said requirement
includes a credit for private recreational opportunities provided and shall be
prorated at a per dwelling unit cost per residential building permit requested.
PL-31. Maintenance/Facility Removal Agreement. The maintenance/facility removal
agreement or enforceable provisions in a signed lease that will assure the intent of the
Telecommunication Facility and Antenna Ordinance will be complied with, shall be
signed by the applicant and shall be submitted to the Director of Community
Development. The agreement shall comply with all provisions set forth in Section
17.40.210 of the Ordinance.
PL-32. Photometric Plan. The applicant shall submit a photometric plan, including the parking
lot, to the Planning Division, which meets the requirements of the Development Code
and the Riverside County Palomar Lighting Ordinance 655. The parking lot light
standards shall be placed in such a way as to not adversely affect the growth potential
of the parking lot trees.
PL-33. Downspouts. All downspouts shall be internalized.
PL-34. Construction Landscaping and Irrigation Plans. Four (4) copies of Construction
Landscaping and Irrigation Plans shall be reviewed and approved by the Planning
Division. These plans shall be submitted as a separate submittal, not as part of the
building plans or other plan set. These plans shall conform to the approved conceptual
landscape plan, or as amended by these conditions. The location, number, height and
spread, water usage or KC value, genus, species, and container size of the plants shall
be shown. The plans shall be consistent with the W ater Efficient Ordinance and Water
Storage Contingency Plan per the Rancho California Water District. The plans shall be
accompanied by the appropriate filing fee (per the City of Temecula Fee Schedule at
time of submittal) and one copy of the approved Grading Plan.
PL-35. Parking Area Landscaping. The Landscaping and Irrigation Plans shall provide a
minimum five-foot wide planter to be installed at the perimeter of all parking areas.
Curbs, walkways, etc. are not to infringe on this area.
PL-36. Landscaping Site Inspections. The Landscaping and Irrigation Plans shall include a
note stating, “Three landscape site inspections are required. The first inspection will be
conducted at installation of irrigation while trenches are open. This will verify that
irrigation equipment and layout is per plan specifications and details. Any adjustments
or discrepancies in actual conditions will be addressed at this time and will require an
approval to continue. Where applicable, a mainline pressure check will also be
conducted. This will verify that the irrigation mainline is capable of being pressurized to
150 psi for a minimum period of two hours without loss of pressure. The second
inspection will verify that all irrigation systems are operating properly, and to verify that
all plantings have been installed consistent with the approved construction landscape
plans. The third inspection will verify property landscape maintenance for release of the
one-year landscape maintenance bond.” The applicant/owner shall contact the
Planning Division to schedule inspections.
PL-37. Agronomic Soils Report. The Landscaping and Irrigation Plans shall include a note on
the plans stating, “The contractor shall provide two copies of an agronomic soils report
at the first irrigation inspection.”
PL-38. Water Usage Calculations. The Landscaping and Irrigation Plans shall include water
usage calculations per Chapter 17.32 of the Development Code (Water Efficient
Ordinance), the total cost estimate of plantings and irrigation (in accordance with
approved plan). Applicant shall use evapotranspiration (ETo) factor of 0.70 for
calculating the maximum allowable water budget.
PL-39. Landscape Maintenance Program. A landscape maintenance program shall be
submitted to the Planning Division for approval. The landscape maintenance program
shall detail the proper maintenance of all proposed plant materials to assure proper
growth and landscape development for the long-term esthetics of the property. The
approved maintenance program shall be provided to the landscape maintenance
contractor who shall be responsible to carry out the detailed program.
PL-40. Specifications of Landscape Maintenance Program. Specifications of the landscape
maintenance program shall indicate, “Three landscape site inspections are required.
The first inspection will be conducted at installation of irrigation while trenches are open.
This will verify that irrigation equipment and layout is per plan specifications and details.
Any adjustments or discrepancies in actual conditions will be addressed at this time and
will require an approval to continue. Where applicable, a mainline pressure check will
also be conducted. This will verify that the irrigation mainline is capable of being
pressurized to 150 psi for a minimum period of two hours without loss of pressure. The
second inspection will verify that all irrigation systems are operating properly, and to
verify that all plantings have been installed consistent with the approved construction
landscape plans. The third inspection will verify property landscape maintenance for
release of the one-year landscape maintenance bond.” The applicant/owner shall
contact the Planning Division to schedule inspections.
PL-41. Irrigation. Automatic irrigation shall be installed for all landscaped areas and complete
screening of all ground mounted equipment from view of the public from streets and
adjacent property for (private common areas; front yards and slopes within individual
lots; shrub planting to completely screen perimeter walls adjacent to a public right-of-
way equal to 66 feet or larger; and, all landscaping excluding City maintained areas and
front yard landscaping which shall include, but may not be limited to, private slopes and
common areas).
PL-42. Temporary Landscaping Requirement for Phased Development. If any phase or area of
the project site is not scheduled for development within six months of the completion of
grading, it shall be temporarily landscaped and irrigated for dust and soil erosion
control.
PL-43. Hardscaping. The plans shall include all hardscaping for equestrian trails and
pedestrian trails within private common areas.
PL-44. Wall and Fence Plans. Wall and fence plans shall be consistent with the Conceptual
Landscape Plans showing the height, location and the following materials for all walls
and fences:
Decorative block for the perimeter of the project adjacent to a public right-of-way equal
to 66 feet or larger and the side yards for corner lots.
Wrought iron or decorative block and wrought iron combination to take advantage of
views for side and rear yards.
Wood fencing shall be used for all side and rear yard fencing when not
restricted/conditioned outlined above.
PL-45. Precise Grading Plans. Precise Grading Plans shall be consistent with the approved
rough grading plans including all structural setback measurements.
PL-46. WQMP Treatment Devices. All WQMP treatment devices, including design details,
shall be shown on the construction landscape plans. If revisions are made to the
WQMP design that result in any changes to the conceptual landscape plans after
entitlement, the revisions will be shown on the construction landscape plans, subject to
the approval of the Director of Community Development.
PL-47. Roof-Mounted Mechanical Equipment. Roof-mounted mechanical equipment shall not
be permitted within the subdivision; however, solar equipment or any other energy
saving devices shall be permitted with Director of Community Development approval.
PL-48. Utility Screening. All utilities shall be screened from public view. Landscape
construction drawings shall show and label all utilities and provide appropriate
screening. Provide a three-foot clear zone around fire check detectors as required by
the Fire Department before starting the screen. Group utilities together in order to
reduce intrusion. Screening of utilities is not to look like an after-thought. Plan planting
beds and design around utilities. Locate all light poles on plans and ensure that there
are no conflicts with trees.
PL-49. Building Construction Plans for Outdoor Areas. Building Construction Plans shall
include detailed outdoor areas (including but not limited to trellises, decorative furniture,
fountains, hardscape to match the style of the building subject to the approval of the
Planning Director.
Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit
PL-50. Quimby Requirements. The developer shall satisfy the City’s park land dedication
(Quimby) requirement.
PL-51. Letter of Substantial Conformance. The applicant shall submit a letter of substantial
conformance, subject to field verification by the Director of Community Development or
his/her designee. Said letter of substantial conformance shall be prepared by the
project designer and shall indicate that all plant materials and irrigation system
components have been installed in accordance with the approved final landscape and
irrigation plans. Such letter of substantial conformance shall be submitted prior to
scheduling for the final inspection.
PL-52. Landscape Installation Consistent with Construction Plans. All required landscape
planting and irrigation shall have been installed consistent with the approved
construction plans and shall be in a condition acceptable to the Planning Director. The
plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall
be properly constructed and in good working order.
PL-53. Front Yard and Slope Landscaping. Front yard and slope landscaping within individual
lots shall be completed for inspection.
PL-54. Private Common Area Landscaping. Private common area landscaping shall be
completed for inspection prior to issuance of the adjacent occupancy permit.
PL-55. HOA Landscaping. HOA landscaping shall be completed for inspection for those lots
adjacent to HOA landscaped area.
PL-56. Performance Securities. Performance securities, in amounts to be determined by the
Director of Community Development, to guarantee the maintenance of the plantings in
accordance with the approved construction landscape and irrigation plan, shall be filed
with the Planning Division for a period of one year from final Certificate of Occupancy.
After that year, if the landscaping and irrigation system have been maintained in a
condition satisfactory to the Director of Community Development, the bond shall be
released upon request by the applicant.
PL-57. Installation of Site Improvements. All site improvements, including but not limited to,
parking areas and striping shall be installed.
PL-58. TCSD Service Levels. It shall be the developer’s responsibility to provide written
disclosure of the existence of the Temecula Community Service District (TCSD) and its
service level rates and charges to all prospective purchasers.
PL-59. Compliance with Conditions of Approval. All of the foregoing conditions shall be
complied with prior to occupancy or any use allowed by this permit.
Prior to Recordation of the Final Map
PL-60. Final Map. A copy of the Final Map shall be submitted to, and approved by, the
Planning Division.
PL-61. Environmental Constraint Sheet. A copy of the Environmental Constraint Sheet (ECS)
shall be submitted to, and approved by, the Planning Division with the following notes:
a. This property is located within 30 miles of Mount Palomar Observatory. All proposed
outdoor lighting systems shall comply with the California Institute of Technology,
Palomar Observatory recommendations, Ordinance No. 655.
PL-62. Submittal of CC&Rs. A copy of the Covenants, Conditions, and Restrictions (CC&Rs)
shall be submitted and approved by the Director of Community Development. The
CC&Rs 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.
PL-63. Form and Content of CC&Rs. The CC&Rs shall be in the form and content approved
by the Director of Community Development, City Engineer, and the City Attorney, and
shall include such provisions as are required by this approval and as said officials deem
necessary to protect the interests of the City and its residents.
PL-64. Preparation of CC&Rs. The CC&Rs shall be prepared at the developer’s sole cost and
expense.
PL-65. Review of CC&Rs. The CC&Rs and Articles of Incorporation of the Property Owners
Association are subject to the approval of the Director of Community Development,
Public Works Director, and the City Attorney.
PL-66. CC&Rs and Management and Maintenance of Common Areas. The CC&Rs shall
provide for the effective establishment, operation, management, use, repair, and
maintenance of all common areas, drainage facilities, and pollution prevention devices
outlined in the project’s Water Quality Management Plan.
PL-67. CC&Rs and Public Nuisance. The CC&Rs shall provide that the property shall be
developed, operated, and maintained so as not to create a public nuisance.
PL-68. Termination of CC&Rs. The CC&Rs shall provide that the association may not be
terminated without prior City approval.
PL-69. CC&Rs and Maintenance of Property. The CC&Rs shall provide that if the property is
not maintained in the condition required by the CC&Rs, then the City, after making due
demand and giving reasonable notice, may enter the property and perform, at the
owner’s sole expense, any maintenance required thereon by the CC&Rs or the City
Ordinances. The property shall be subject to a lien in favor of the City to secure any
such expense not promptly reimbursed.
PL-70. Interest in Association. Every owner of a suite or lot governed by CC&Rs shall own as
an appurtenance to such suite 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.
PL-71. Maintenance of Open Areas. All open areas and landscaping governed by CC&R shall
be permanently maintained by the association or other means acceptable to the City.
Such proof of this maintenance shall be submitted to the Planning Divisions and Public
Works Department prior to the issuance of building permits.
PL-72. Reciprocal Easements. Reciprocal access easements and maintenance agreements
ensuring access to all parcels and joint maintenance of all roads, drives, parking areas,
drainage facilities, and water quality features, shall be provided by the CC&Rs or by
deeds and shall be recorded concurrent with the map or prior to the issuance of building
permit where no map is involved.
PL-73. Consent of City of Temecula. An Article must be added to every set of CC&Rs to read
as follows:
Article ___
CONSENT OF CITY OF TEMECULA
____1. The Conditions of Approval of Tentative Tract Map Number
requires the City to review and approve the CC&Rs for the Parcel.
____2. Declarant acknowledges that the City has reviewed these CC&Rs
and that its review is limited to a determination of whether the proposed
CC&Rs properly implement the requirements of the Conditions of
Approval for the Parcel. The City’s consent to these CC&Rs does not
contain or imply any approval of the appropriateness or legality of the
other provisions of the CC&Rs, including, without limitation, the use
restrictions, private easements and encroachments, private maintenance
requirements, architecture and landscape controls, assessment
procedures, assessment enforcement, resolution of disputes or
procedural matters.
____3. In the event of a conflict between the Conditions of Approval of
the land use entitlements issued by the City for the Parcel or Federal,
State, or local laws, ordinances, and regulations and these CC&Rs, the
provisions of the Conditions of Approval and Federal, State or local laws,
ordinances, and regulations shall prevail, notwithstanding the language of
the CC&Rs.
____4. These CC&Rs shall not be terminated, amended or otherwise
modified without the express written consent of the Director Community
Development of the City of Temecula.
PL-74. Consent of City of Temecula. An Article must be added to every set of CC&Rs, following
the Declarant’s signature, to read as follows:
CONSENT OF CITY OF TEMECULA
The Conditions of Approval for Tentative Tract Map No. require the
City of Temecula to review and approve the CC&Rs for the Parcel. The
City’s review of these CC&Rs has been limited to a determination of
whether the proposed CC&Rs properly implement the requirements of the
Conditions of Approval for the Parcel. The City’s consent to these CC&Rs
does not contain or imply any approval of the appropriateness or legality
of the other provisions of the CC&Rs, including, without limitation, the use
restrictions, private easements and encroachments, private maintenance
requirements, architecture and landscape controls, assessments,
enforcement of assessments, resolutions of disputes or procedural
matters. Subject to the limitations set forth herein, the City consents to
the CC&Rs.
_____________________
Armando G. Villa
Director
Community Development
Approved as to Form:
_____________________
Peter M. Thorson
City Attorney
PL-75. Operation of Association. No lot or suite in the development shall be sold unless a
corporation, association, property owners 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&Rs, which shall include compulsory membership of all owners of lots and/or suites
and flexibility of assessments to meet changing costs of maintenance, repairs, and
services. Recorded CC&Rs 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.
PL-76. Recordation of CC&Rs. CC&Rs shall be finalized and recorded at the time of Final Map
Recordation.
PL-77. Copies of CC&Rs. Three copies of the final recorded CC&Rs shall be provided to the
Planning Division.
PL-78. Smoking in Residential Units. Per Municipal Code Chapter 17.30, “Smoking in Multi-
Unit Residences,” the developer shall submit a site plan to the City for review and
approval, designating a minimum of 25 percent of the units within the project as non-
smoking units.
PL-79. Quimby Requirements. The developer shall satisfy the City’s park land dedication
(Quimby) requirement through the payment of in-lieu fees equal to acres of park
land, based upon the City’s then current appraised park land valuation. Said
requirements include a % credit for private recreational opportunities provided.
OUTSIDE AGENCIES
PL-80. The applicant shall comply with the recommendations set forth in the County of
Riverside Department of Environmental Health’s transmittals dated July 8, 2013, copies
of which are attached.
PL-81. The applicant shall comply with the recommendations set forth in the Eastern Municipal
Water District’s transmittal dated July 1, 2012 but received on July 3, 2013, a copy of
which is attached. (City suspects 2012 was a “typo” and should have indicated 2013).
PL-82. The applicant shall comply with the recommendations set forth in the Rancho California
Water District’s transmittal dated July 3, 2013, a copy of which is attached.
PL-83. The applicant shall comply with the recommendations set forth in the Metropolitan
Water District’s transmittal dated August 1, 2013, a copy of which is attached.
PL-84. The applicant shall comply with the recommendations set forth in the Riverside County
Flood Control and Water Conservation District’s transmittal dated July 16, 2013, a copy
of which is attached.
FIRE PREVENTION
General Requirements
F-1. Previous Conditions Of Approval. All previous existing conditions for this project or any
underlying map will remain in full force and effect unless superseded by more stringent
requirements here.
F-2. Fire Dept. Plan Review. Final fire and life safety conditions will be addressed when
building plans are reviewed by the Fire Prevention Bureau. These conditions will be
based on occupancy, use, the California Building Code (CBC), California Fire Code
(CFC), and related codes which are in force at the time of building plan submittal.
F-3. Fire Flow. The Fire Prevention Bureau is required to set a minimum fire flow for the
remodel or construction of all residential buildings per CFC Appendix B. The developer
shall provide for this project, a water system capable of delivering 4,000 GPM at 20-PSI
residual operating pressure for a 4-hour duration for multi-family projects. The fire flow
as given above has taken into account all information as provided (CFC Appendix B
and Temecula City Ordinance 15.16.020).
F-4. Fire Hydrants. The Fire Prevention Bureau is required to set minimum fire hydrant
distances per CFC Appendix C. Standard fire hydrants (6” x 4” 2 ½” outlets) shall be
located on Fire Department access roads and adjacent public streets. Hydrants shall
be spaced at 350 feet apart at each intersection, and shall be located no more than 210
feet from any point on the street or Fire Department access road(s) frontage to a
hydrant for multi-family projects. 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 Appendix C and Temecula City Ordinance 15.16.020).
F-5. Construction Phasing. If construction is phased, each phase shall provide approved
access and fire protection prior to any building construction. This will include all internal
roads, connecting roads between phases, and construction gates. All required access
must be in and available prior to and during all construction. Phasing is approved on a
separate map, and is ultimately subject to final approval in the field (CFC Chapter 5).
Prior to Issuance of Grading Permit(s)
F-6. Turning Radius (Culdesac). Maximum cul-de-sac length shall not exceed 1320 feet.
Minimum outside turning radius on any cul-de-sac shall be 37 feet for single-family
dwelling tracts and 45 feet for multi-family dwelling tracts. (CFC Chapter 5 along with
the Temecula City Ordinance 15.16.020).
F-7. Access Road Widths (Private Driveway). Private entry driveways with divider medians
must be a minimum of 16 feet wide on each side and the median must be held back 30
feet from face of curb of perpendicular road, if no median, then a minimum of 24-feet is
required..
F-8. Access Road Widths. Fire Department vehicle access roads shall have an
unobstructed width of not less than 24 feet with an unobstructed vertical clearance of
not less than 13 feet 6 inches (CFC Chapter 5 and Temecula City Ordinance
15.16.020).
F-9. All Weather Access Roads. Fire apparatus access roads and driveways shall be
designed and maintained to support the imposed loads of fire apparatus and shall be
with a surface to provide all-weather driving capabilities. Access roads shall be 80,000
lbs. GVW with a minimum of AC thickness of .25 feet. In accordance with Section
3310.1, prior to building construction, all locations where structures are to be built shall
have fire apparatus access roads (CFC Chapter 5 and Temecula City Ordinance
15.16.020).
F-10. Turning Radius (Dead End Roadway). Dead end roadways and streets in excess of
150 feet which have not been completed shall have a turnaround capable of
accommodating fire apparatus (CFC Chapter 5 and Temecula City Ordinance
15.16.020).
F-11. Two Point Access. This development and any street within serving more than 35
dwelling units shall have two points of access, vial all-weather surface roads, as
approved by the Fire Prevention Bureau (CFC Chapter 5).
General Requirements
PW-1. Conditions of Approval. The developer shall comply with all Conditions of Approval, the
Engineering and Construction Manual and all City codes/standards at no cost to any
governmental agency.
PW-2. Subdivision Map. The developer shall submit a complete Tract Map submittal for review
and approval. Any omission to the representation of the site conditions may require the
plans to be resubmitted for further review and revision.
PW-3. Grading Permit. A grading permit for rough and/or precise grading shall be obtained
from Public Works prior to commencement of any construction within private property.
Grading shall be in accordance with the approved grading plan, grading permit
conditions and City codes/standards.
PW-4. Encroachment Permits. Prior to commencement of any applicable construction,
encroachment permit(s) are required; and shall be obtained:
a. from Public Works for public offsite improvements; and
b. from Riverside County Flood Control & Water Conservation District (RCFC&WCD)
within their right-of-way.
PW-5. Improvement Plans. The developer shall submit improvement plans (to include
public/private street plans, storm drain plans, signage and striping plans, etc.) as
required for review and approval by Public Works. The designs shall be in compliance
with Caltrans, Riverside County Flood Control and W ater Conservation District and City
codes/standards.
PW-6. Drainage and Water Quality Facility Maintenance. All onsite drainage and water quality
facilities shall be privately maintained.
PW-7. Emergency Access. The southerly 24-foot wide opening on Pujol Street is restricted to
emergency access only.
Prior to Recordation of the Tract Map
PW-8. Right-of-Way Dedications. 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 Public Works.
PW-9. Environmental Constraint Sheet (ECS). The developer shall prepare and record an
ECS with the Tract Map to delineate identified environmental concerns. The developer
shall comply with all constraints per the recorded ECS along with any underlying maps
related to the property.
PW-10. Required Clearances. As deemed necessary by Public Works, the developer shall
receive written clearance from the following agencies:
a. Riverside County Flood Control and Water Conservation District;
b. Riverside County Health Department;
c. Rancho California Water District;
d. Eastern Municipal Water District;
e. Cable TV Franchise;
f. Verizon;
g. Southern California Edison Company;
h. The Gas Company; or other affected agencies.
PW-11. Right of Access. Relinquish and waive right of access to and from Pujol Street on the
Tract Map with the exception of two (2) openings as delineated on the approved
Tentative Tract Map.
PW-12. Right of Access. Relinquish and waive right of access to and from Calle Cerillo on the
Tract Map with no openings as delineated on the approved Tentative Tract Map.
PW-13. Easements. Note the following:
a. An easement shall be dedicated for public utilities and emergency vehicle access
for all private streets and drives.
b. Private easements for cross-lot drainage shall be delineated and noted on the
Final Map.
c. Easements (when required for roadway slopes, landscape, drainage facilities,
utilities, etc.) shall be shown on the Tract 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 Public Works. Onsite 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.”
PW-14. RCFC&WCD Approval. 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 issuance of
any permit.
PW-15. Public Street Improvements and Securities. The developer shall design and guarantee
construction (i.e., posting of security and entering into agreements) of the following
public improvements to the City’s General Plan standards unless otherwise noted.
Plans shall be approved by Public Works. All street improvement designs shall provide
adequate right-of-way and pavement transitions per Caltrans’ standards to join existing
street improvements.
a. Improve Pujol Street along the existing street alignment (Station 10+00 to Station
18+12.84) ((Local Street) Modified Standard No. 104 – 60’ R/W) to include
dedication of half-width street right-of-way, installation of half-width street
improvements plus twelve feet, paving, curb, gutter and sidewalk on the west side,
mountable dike on the east side, streetlights, drainage facilities, signing and striping
and utilities (including but not limited to water and sewer).
b. Improve Pujol Street along the new street alignment (Station 18+12.84 to Station
20+13.59) ((Local Street) Modified Standard No. 104 – 60’ R/W) to include
dedication of full-width street right-of-way, installation of full-width street
improvements, paving, curb, gutter and sidewalk on the west side, mountable dike
on the east side, streetlights, drainage facilities, signing and striping and utilities
(including but not limited to water and sewer).
PW-16. Parkway Landscaping. All parkway landscaping areas shall be privately maintained.
PW-17. Undergrounding Wires. All existing and proposed electrical and telecommunication
lines, except electrical lines rated 34KV or greater, shall be installed underground per
Title 15, Chapter 15.04 of the Temecula Municipal Code and utility provider’s standards.
The developer is responsible for any associated costs, for making arrangements with
each utility agency and for obtaining the necessary easements.
PW-18. Undergrounding Utility Systems. All utility systems including gas, electric, telephone,
water, sewer and cable TV shall be provided underground (with the required
easements); and shall be designed and constructed in accordance with City codes and
utility provider’s standards. Telephone, cable TV and/or security systems shall be pre-
wired in the residence. The developer shall notify the City’s cable TV franchisees of the
Intent to Develop. Conduit shall be installed to cable TV standards at time of street
improvements.
PW-19. Property Taxes. Any delinquent property taxes shall be paid.
PW-20. Acquisition of Offsite Property. The developer shall make a good faith effort to acquire
required offsite property interests, and if he or she should fail to do so, the developer
shall, prior to submittal of the Tract Map for recordation, enter into an agreement to
complete the improvements pursuant to Subdivision Map Act, Sections 66462 and
66462.5. The agreement shall provide for payment by the developer of all costs
incurred by the City to acquire the offsite property interests required in connection with
the subdivision. Security of a portion of these costs shall be in the form of a cash
deposit in the amount given in an appraisal report obtained by the developer (at
developer’s cost). The appraiser shall be approved by the City prior to commencement
of the appraisal.
PW-21. Parcel Geometry. The applicant shall submit an editable projected digital version of the
parcel geometry in a drawing exchange format (pursuant to Riverside County
standards). Prior to final approval, the City’s GIS Division shall conduct quality control
on the data to verify accuracy and compatibility.
Prior to Issuance of Grading Permit(s)
PW-22. Required Clearances. As deemed necessary by Public Works, the developer shall
receive written clearance from the following agencies:
a. Riverside County Flood Control and Water Conservation District or other affected
agencies.
PW-23. Grading/Erosion & Sediment Control Plan. The developer shall submit a
grading/erosion & sediment control plan(s) to be reviewed and approved by Public
Works. All plans shall be coordinated for consistency with adjacent projects and
existing improvements contiguous to the site. The approved plan shall include all final
WQMP water quality facilities and all construction-phase pollution-prevention controls to
adequately address non-permitted runoff. Refer to the City’s Engineering &
Construction Manual at:
http://www.cityoftemecula.org/Temecula/Government/PublicWorks/engineeringconstma
nual.htm
PW-24. Grading/Erosion & Sediment Control Securities. The developer shall comply with the
provisions of Chapter 24, Section 18.24.140 of the Temecula Municipal Code by posting
security and entering into an agreement to guarantee the grading and erosion &
sediment control improvements.
PW-25. Habitat Conservation Fee. The developer shall comply with the provisions of Chapter
8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate
fee set forth in the ordinance or by providing documented evidence that the fees have
already been paid.
PW-26. Area Drainage Plan (ADP) Fee to RCFC&WCD. The developer shall demonstrate to
the City that the flood mitigation charge (ADP fee) has been paid to RCFC&WCD. If the
full ADP fee has already been credited to this property, no new charge will be required.
PW-27. Letter of Permission/Easement. The developer shall obtain documents (letters of
permission or easements) for any offsite work performed on adjoining properties. The
document’s format is as directed by, and shall be submitted to, Public Works for
acceptance. The document information shall be noted on the approved grading plan.
PW-28. NPDES General Permit Compliance. The developer shall obtain project coverage
under the State National Pollutant Discharge Elimination System (NPDES) General
Permit for Construction Activities and shall provide the following:
a. A copy of the Waste Discharge Identification number (WDID) issued by the State
Water Resources Control Board (SWRCB);
b. The project’s Risk Level (RL) determination number; and
c. The name, contact information and certification number of the Qualified SWPPP
Developer (QSD).
Pursuant to the State Water Resources Control Board (SWRCB) requirements and
City’s storm water ordinance, a Storm Water Pollution Prevention Plan (SWPPP) shall
be generated and submitted to the Board. Throughout the project duration, the SWPPP
shall be routinely updated and readily available (onsite) to the State and City. Review
www.cabmphandbooks.com for SWPPP guidelines. Refer to the following link.
http://www.waterboards.ca.gov/water_issues/programs/stormwater/construction.shtml
PW-29. Water Quality Management Plan (WQMP) and O&M Agreement. The developer shall
submit a final WQMP (prepared by a registered professional engineer) with the initial
grading plan submittal, based on the conceptual WQMP from the entitlement process. It
must receive acceptance by Public Works. A copy of the final project-specific WQMP
must be kept onsite at all times. In addition, a completed WQMP Operation and
Maintenance (O&M) Agreement shall be submitted for review and approval. Refer to the
WQMP template and agreement link below:
http://www.cityoftemecula.org/Temecula/Government/PublicWorks/WQMPandNPDES/
WQMP.htm
PW-30. Soils Report. A soils report, prepared by a registered soil or civil engineer, shall be
submitted to Public Works with the initial grading plan submittal. The report shall
address the site’s soil conditions and provide recommendations for the construction of
engineered structures and preliminary pavement sections.
PW-31. Drainage Study. A drainage study shall be prepared by a registered civil engineer and
submitted to Public Works with the initial grading plan check in accordance with City,
Riverside County and engineering standards. The study shall identify storm water
runoff quantities (to mitigate the 100-year storm event) from the development of this site
and upstream of the site. It shall identify all existing or proposed offsite or onsite, public
or private, drainage facilities intended to discharge this runoff. Runoff shall be
conveyed to an adequate outfall capable of receiving the storm water runoff without
damage to public or private property. The study shall include a capacity analysis
verifying the adequacy of all facilities. Any upgrading or upsizing of drainage facilities
necessary to convey the storm water runoff shall be provided as part of development of
this project.
a. Pujol Street drainage facilities
i. Analyze adequacy of the existing storm drain facility discharging into Murrieta
Creek and construct required private storm drain improvements.
ii. Permission to construct the extension of the private storm drain facility to
Murrieta Creek shall be obtained from respective property owner(s)
iii. A private drainage and maintenance easement shall be acquired from the
property owner and recorded.
iv. Developer shall provide a recorded document accepting offsite drainage.
Prior to Issuance of Building Permit(s)
PW-32. Final Map. Prior to issuance of the first building permit, Tract Map No. 36568 shall be
approved and recorded.
PW-33. Street Improvements. Prior to issuance of the first building permit, Pujol Street
improvements shall be completed.
PW-34. Street Lights. The developer shall submit a completed SCE street light application, an
approved SCE Streetlight Plan and pay the advanced energy fees. If not obtaining a
building permit, this shall be done prior to installation of additional street lighting. All
costs associated with the relocation of any existing street lights shall be paid by the
developer.
PW-35. Precise Grading Plan. A precise grading plan shall be submitted to Public Works for
review and approval. The plan shall be in substantial conformance with the approved
rough grading plan; and shall show all lot drainage directed to the driveway by side yard
drainage swales independent of any other lot. 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.
Prior to Issuance of Certificate of Occupancy
PW-36. Completion of Improvements. The developer shall complete all work per the approved
plans and Conditions of Approval to the satisfaction of the City Engineer. This includes
all onsite work (including water quality facilities), public improvements and the executed
WQMP Operation and Maintenance agreement.
PW-37. Utility Agency Clearances. The developer shall receive written clearance from
applicable utility agencies (i.e., Rancho California and Eastern Municipal Water
Districts, etc.) for the completion of their respective facilities and provide to Public
Works.
PW-38. Replacement of Damaged Improvements/Monuments. Any appurtenance damaged or
broken during development shall be repaired or removed and replaced to the
satisfaction of Public Works. Any survey monuments damaged or destroyed shall be
reset per City Standards by a qualified professional pursuant to the California Business
and Professional Code Section 8771.
PW-39. Certifications. All necessary certifications and clearances from engineers, utility
companies and public agencies shall be submitted as required by Public Works.
Johnson
Sedlack
ATTORNEY S at LAW
Raymond W. Johnson, Esq., AICP, LEED GA 26785 Camino Seco, Temecula, CA 92590 E-mail: EsqAICP@gmail.com
Carl T. Sedlack, Esq. Retired
Abigail A. Broedling, Esq. Abby.JSLaw@gmail.com
Kimberly Foy, Esq. Kim.JSLaw@gmail.com
Kendall Holbrook, Esq. Kendall.JSLaw@gmail.com
Telephone: (951) 506-9925
Facsimile: (951) 506-9725
March 19, 2014
Planning Commission
City of Temecula
41000 Main Street
Temecula, CA 92590
VIA US MAIL AND EMAIL
RE: Shearwater Creek Project, Agenda Item 4: PA13-0155 and PA13-0156, a Development Plan And
Tentative Tract Map to construct a 140-unit attached residential project “Shearwater Creek” on 7
acres at the southernmost point of Pujol Street
Greetings Planning Commissioners:
On behalf of area residents, I hereby submit these comments on and in opposition to the Shearwater
Creek Project (the “Project”).
My concerns with this Project are several. First, the preparation of a Mitigated Negative
Declaration (MND) for this Project improperly segments and piecemeals project approvals in
violation of the California Environmental Quality Act (“CEQA”)(Pub. Res. Code 21000 et seq.)
where Ambient Communities is also planning to propose the “Village West” project on the 200 +
acres of land west of Old Town which is expected to include at least 2,000 dwelling units (note:
it is not clear if this is now the “Altair Project” reference in the MND). As this development
proposed by Ambient Communities is just the first part of an overall plan for the area,
considering just this small segment of the total plan is improper.
“CEQA forbids ‘piecemeal’ review of the significant environmental impacts of a project.”
(Berkeley Keep Jets Over the Bay Com. v. Board of Port Cmrs. (2001) 91 Cal.App.4th 1344,
1358.) Courts have cautioned that, “[a]gencies cannot allow ‘environmental considerations [to]
become submerged by chopping a large project into many little ones — each with a minimal
potential impact on the environment — which cumulatively may have disastrous
consequences.’” (Banning Ranch Conservancy v. City of Newport Beach (2012) 211 Cal. App.
4th 1209, 1222, citing, Bozung v. Local Agency Formation Com. (1975) 13 Cal.3d 263, 283.)
“There may be improper piecemealing when the purpose of the reviewed project is to be the first
step toward future development.” (Banning Ranch Conservancy v. City of Newport Beach, supra,
211 Cal. App. 4th at 1223)
As this Project is just the first step in the larger, Village West Project near Pujol St. in the hills
west of Old Town to be developed by Ambient Communities, an EIR for the whole project and
March 19, 2014
Page 2
not just this Shearwater Creek portion should be prepared. By looking only at this small project,
environmental considerations become submerged.
Second, preparation of an Environmental Impact Report (“EIR”) is absolutely essential for this
Project. The California Environmental Quality Act (“CEQA”) was adopted as a disclosure and
transparency document. The theory is that by providing a document that adequately describes the
environmental consequences of a project to decision makers and the public, the decision makers
will make a rational decision based upon the true environmental consequences of the project and
if they do not, the electorate can hold them accountable for their decisions. The core of this
statutory structure is the adequacy of the document as an informational document.
The EIR requirement is the “heart of CEQA.” (State CEQA Guidelines § 15003(a). An EIR is
required for any proposed project that may have a significant effect on the environment. (Public
Resources Code § 21100 (a)) A lead agency may prepare a MND for a proposed project only
when: (1) revisions in the project would avoid or mitigate the potentially significant project
effects to a point where clearly no significant effects would occur; and (2) there is no substantial
evidence in light of the whole record that the project as revised may have a significant effect on
the environment. (State CEQA Guidelines § 15070 (b))
The adoption of a MND for the Project is improper where, as here, there is a fair argument of
significant environmental impacts as a result of the project to/from, at least, air quality traffic,
greenhouse gas emissions, noise, biological resources, cultural; resources, hydrology/water
quality, utilities/service systems, noise, traffic, and cumulative impacts (especially if considered
with the Village West and/or Altair project(s)). Mitigation is not shown to reduce all impacts
below significance.
Aesthetics: The MND finds a less than significant impact to aesthetics would occur, despite a
view shed being located directly west of the Project site identifying views of this western hillside
area and that the existing visual character and quality of the site’s surroundings, if not the site
itself, are pristine. These findings are unsupported, and aesthetic impacts should be deemed
potentially significant.
Air Quality: The finding that less than significant operational air quality impacts would occur is
also unsupported by evidence or reasoning. The Project would introduce a substantial number of
residents to the area and mobile emissions from vehicles. There is no evidence these mobile
source emissions will not result in exceedences of SCAQMD significance thresholds and
significant impacts to GHGs. There also appears to have been no consideration of localized
emissions or emissions generated from traffic delays.
Biological Resources: Importantly, the MND fails to adequately address impacts to biological
resources where the Project is bounded to the west by open space- the undeveloped foothills of
the Santa Rosa Mountains; to the east by open space associated with Murrieta Creek, and to the
south by open space. The MND finds impacts to biological resources would be less than
significant and requires no mitigation with respect to biological resources. The MND, biological
analysis, and MSHCP consistency analysis fail to consider off-site impacts to habitat, species,
riparian/riverine habitat, and from urban/wildlands interface. Biological effects in these areas
March 19, 2014
Page 3
may be significant given the Project’s proximity to open spaces and Murrieta Creek. Preparation
of and EIR and adoption of mitigation should be required for these potentially significant effects.
Impacts to burrowing owls should be deemed potentially significant where suitable habitat was
observed onsite. A survey followed by avoidance and other mitigation should be required as a
mitigation measure, not merely as a project condition.
Impacts to linkages/corridors and habitat may also be significant where the Project site is located
within MSHCP Criteria Cell No. 7264 and Constrained Linkage 13. The JPR is not included in
the staff report for public review so that the determination that conservation is not needed is
unsupported by substantial evidence. Without issues raised and evaluated in the JPR and HANS
processes included with the environmental review for the proposed development project, where
conservation is not required there is no evidence the objectives of the MSHCP will be met
without full conservation. Here, there is no evidence the objectives of the MSCHP with respect
to Constrained Linkage 13 will be met without conservation of this site. Further, there is no
evidence the objectives of the MSHCP for Cell No. 7264, Independent-Subunit 1 Murrieta
Creek, developed to preserve and enhance biological resources in the vicinity of the Creek, will
be met without conservation of the Project site.
There is also no evaluation of, or mitigation provided for, potential impacts to migratory birds
under the MBTA which may nest on or near the Project site.
Overall, impacts to biological resources have not been adequately evaluated or mitigated, and
impacts to such resources are likely to be significant. An EIR must be prepared to evaluate such
effects.
Cultural Resources: Mitigation Measure CultRes2 improperly defers without reason the creation
of a Cultural Resources Treatment and Monitoring Agreement to address how archaeological
impacts may be mitigated below a level of significance.
Paleontological impacts are overlooked and not evaluated or mitigated for in the cultural
resource portion of the MND.
Geology: No geotechnical study was prepared for this Project. There was no basis for finding
impacts to geology and soils less than significant.
Hydrology/Water Quality/Water Supply: The letters from local agencies seem to have requested
preparation of documents, studies, and consultation that does not appear to have occurred. For
instances, Rancho Cal. Water Dist. requested a consultation regarding capacity; the County Dept.
of Environmental Health requested preparation of a Phase I site assessment; EMWD requested a
POS; etc.. From the documents provided with the Agenda, it does not appear these consultations,
studies, or determinations ever occurred. Impacts to water supply, water quality, etc. may
therefore occur.
Noise: While a noise assessment was apparently prepared for this Project, it is not incorporated in the
MND attached to the staff report, and the MND/initial study fails to disclose the actual noise levels
March 19, 2014
Page 4
expected to occur with Project construction and operation. The public and decisionmakers thus cannot
make an educated decision as to whether the mitigation included is sufficient to reduce these effects
below a level of significance.
Traffic: It is not clear whether the TIA incorporated improvements required of the Altair Project but not
yet completed in its evaluation of traffic impacts. If so, traffic impacts should be reevaluated absent
these improvements, and will likely be significant.
Utilities/Service Systems: See above comment re: hydrology/water quality.
Cumulative Impacts: The MND fails to consider the cumulative effects of the Village West and/or Altair
Project(s). As such, the evaluation of cumulative effects of the Project is severely deficient and far
greater and new environmental effects not considered may occur.
Thank you for your consideration of the above comments.
Sincerely,
Raymond W. Johnson
JOHNSON & SEDLACK