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HomeMy WebLinkAboutAgenda Item 15 Letter from Pechanga Culture ResourcesVIA E -Mail and USPS A �)encv�L PECHA CIA CULTURAL RESOURCES Temecula Band of Luiseho Mission Indians Post Office. Box 2183 • Temecula, CA 92593 Telephone (951) 308 -9295 • Fax (951) 506 -9491 May 26, 2015 Chairperson: Mary Bear Magee Vice Chairperson: Darlene Miranda Committee Members: Evie Gerber Bridgett Barcello Maxwell Richard B. Seearce, III Neal Ibanez Michael Vasquez Director: Gary DuBois Coordinator: Paul Macann Mr. Richard J. MacHott Planning Specialist: Planting Manager Tuba Ebm Ozdil City of Lake Elsinore - Cultural Analyst 183 North Main Street Anna Hoover Lake Elsinore, CA 92530 Re: Pechanga Tribe Comments on the New Condition of Approval for Tentative Tract Map No. 36682, Change of Zone No. 2014 -01, and Residential Design Review No. 2014 -01 Regarding Holland Road and Trail Construction Dear Mr. MacHott: This comment letter is submitted by the Pechanga Band of Luiseno Indians (hereinafter, "the Tribe "), a federally recognized Indian tribe and sovereign government, in response to the City's new condition of approval to the Tentative Tract Map No. 36682 inserted after the May 7, 2015 Planning Commission Hearing. The Tribe met with you and City Staff in our regularly scheduled meeting Monday, May 18d' and discussed this Project's status. At our meeting, we were informed that a new condition of approval will be added to the Project for the City Council Hearing on May 26, 2015. The Tribe is not in agreement with the newly proposed condition of approval because it is nonspecific and could potentially impact the Heritage Parcel to the north, which has been set aside by the City of Menifee (and prior by the County of Riverside) for preservation. This new condition of approval states: "The developer shall meet with the Cities of Lake Elsinore and Menifee Public Works Departments for the final alignment of Holland Road. The final alignment shall include a trail easement on the northern side of the Holland Road alignment. The agreement by both cities will be reached prior to improvement plan approval. " According to the existing mitigation measure TRA -2, the Project Applicant is required to construct Holland Road from its ultimate half-width section, including landscaping and parkway improvements, in conjunction with the development, "as necessary ". The new condition, as drafted, does not identify if the current Project will be required to construct Holland Road at the half -width section or in its entirety during the proposed construction and development. It further does not clarify the type of trail or its ultimate location when it is to be constructed. Our concerns are that if this Project is conditioned to construct the ultimate build - out /right -of -way of the Holland Road, which is not specified in MM TRA -2, then the City of Sacred Is The Dut), Trusted Unto Our Care And With Honor We Rise To The Need Pechanga Comment Letter to the City of Lake Elsinore Re: Pechanga Tribe Comments on the COA of TR 36682 May 21, 2015 Page 2 Lake Elsinore's proposed trail condition could create an encumbrance to the Heritage Parcel located north of the Holland Road which is located within the City of Menifee and outside of City of Lake Elsinore's jurisdiction. To date, no map or exhibit has been provided to the Tribe which shows the full build -out of the Holland Road realignment. The Tribe requests that should the Project be conditioned to build only the half -width of Holland Road, than the trail should be constructed within the Applicant's property boundaries; however, if the Project is conditioned, or will be conditioned by the City on any future projects to construct the full -width of Holland Road, then the Tribe requests that this condition not be included due to fact that it will likely place an encumbrance to the Heritage Parcel. In addition, if the Holland Road trail and realignment condition requires impacts outside of the current Project boundary, than the CEQA documents must address any potential and real environmental and cultural impacts to these areas prior to project approval. Failure to do so would be deferred mitigation and is not allowed under CEQA. The Pechanga Tribe looks forward to continuing to work together with the City of Lake Elsinore. Please contact me at 951- 770 -8113 if you have any questions or comments. Sincerely, Tuba Ebru Ozdil Planning Specialist cc: Pechanga Office of the General Counsel Pechanga Cultural Resources Temecula Band ojLui.seno Mission Indians Post Office Box 2183 • Temecula, CA 92592 Sacred Is The Duty Trusted Unto Our Care And With Honor We Rise To The Need