HomeMy WebLinkAbout92-87 CC ResolutionRESOLUTION NO. 92-87
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TEMECULA APPROVING TENTATIVE
TRACT MAP NO. 25277, AMENDMENT NO. 4 TO
SUBDIVIDE A 47.7 ACRE PARCEL INTO 96 SINGLE
FAMILY LOTS AND 5 OPEN SPACE LOTS
LOCATED AT THE SOUTHWESTERLY SIDE OF
PECHANGA CREEK BETWEEN VIA GILBERTO
AND THE EASTERLY SIDE OF THE TEMECULA
CREEK INN.
WHEREAS, Acacia Construction filed Tentative Tract Map No. 25277, Amendment No.
4 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision
Ordinances, which the City has adopted by reference;
WHEREAS, said Tentative Tract Map application was processed in the time and manner
prescribed by State and local law;
WHEREAS, the Planning Commission considered said Tentative Tract Map on September
21, 1992 at which time interested persons had an opportunity to testify either in support or
opposition;
WHEREAS, at the conclusion of the Commission hearing, the Commission recommended
approval of said Tentative Tract Map;
WHEREAS, the City Council considered said Tentative Tract Map on November 10,
1992, at which time interested persons had an opportunity to testify either in support or
opposition;
WHEREAS, at the conclusion of the Council hearing, the Council approved said
Tentative Tract Map;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Findings. That the Temecula City Council hereby makes the following
findings:
A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt
a general plan within thirty (30) months following incorporation. During that 30-month period
of time, the city is not subject to the requirement that a general plan be adopted or the
Resos 92-87 -1-
requirements of state law that its decisions be consistent with the general plan, if all of the
following requirements are met:
The city is proceeding in a timely fashion with the preparation of the general
2. The planning agency finds, in approving projects and taking other actions,
including the issuance of building permits, each of the following:
a. There is a reasonable probability that the land use or action proposed
will be consistent with the general plan proposal being considered or studied or which will be
studied within a reasonable time.
b. There is little or no probability of substantial detriment to or
interference with the future adopted general plan if the proposed use or action is ultimately
inconsistent with the plan.
c. The proposed use or action complied with all other applicable
requirements of state law and local ordinances.
A. The Riverside County General Plan, as amended by the Southwest Area Community
Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General
Plan for the southwest portion of Riverside County, including the area now within the boundaries
of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the
City is proceeding in a timely fashion with the preparation of its General Plan.
B. The proposed Tentative Tract Map is consistent with the SWAP and meets the
requirements set forth in Section 65360 of the Government Code, to wit:
The city is proceeding in a timely fashion with a preparation of the general
2. The Planning Commission finds, in recommending approval of projects and
taking other actions, including the issuance of building permits, pursuant to this rifle, each of the
following:
a. There is reasonable probability that Tentative Tract Map No. 25277,
Amendment No. 4 proposed will be consistent with the general plan proposal being considered
or studied or which will be studied within a reasonable time.
b. There is little or no probability of substantial detriment to or
interference with the future adopted general plan if the proposed use or action is ultimately
inconsistent with the plan.
l~so~ 92-87 -2-
c. The proposed use or action complies with all other applicable
requirements of state law and local ordinances.
C. Pursuant to Section 7.1 of County Ordinance No. 460, no subdivision may be
approved unless the following findings are made:
specific plans.
That the proposed land division is consistent with applicable general and
2. That the design or improvement of the proposed land division is consistent
with applicable general and specific plans.
of development.
That the site of the proposed land division is physically suitable for the type
4. That the site of the proposed land division is physically suitable for the
proposed density of the development.
5. That the design of the proposed land division or proposed improvements are
not likely to cause substantial environmental damage or substantially and unavoidably injure fish
or wildlife or their habitat.
6. That the design of the proposed land division or the type of improvements
are not likely to cause serious public health problems.
7. That the design of the proposed land division or 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 land division. A land division may be approved if it is found that
alternate easements for access or for use will be provided and that they will be substantially
equivalent to ones previously acquired by the public. This subsection shall apply only to
easements of record or to easements established by judgment of a court of competent jurisdiction.
D. The Council in approving of the proposed Tentative Tract Map, makes the
following findings, to wit:
1. There is a reasonable probability that Tentative Tract Map No. 25277 will
be consistent with the City's future General Plan, which will be completed in a reasonable time
and in accordance with State Law. The project, as conditioned, conforms with existing applicable
city zoning ordinances and development standards. Furthermore, the proposed density of the
project, 2.01 dwelling units per acre, is consistent with the future General Plan Land Use
Designation of Low Density Residential.
2. There is not a likely probability of substantial detriment to, or interference with
Resos 92-87 -3-
the City's future General Plan, if the proposed use is ultimately inconsistent with the Plan, since
the surrounding land uses are single family dwellings, a golf course and vacant land.
3. The proposed use or action as conditioned complies with State planning and
zoning laws, local Ordinance Nos. 348 and 460; and California Governmental Code Sections
65000-66009 (Planning and Zoning Law).
4. The project as designed and conditioned will not adversely affect the public
health or welfare since all impacts have been mitigated to a level of insignificance.
5. The project is compatible with surrounding land uses since the proposed
single family dwellings are consistent with the existing single family dwellings, the golf course
and the vacant land surrounding the project.
6. The project as designed and conditioned will not adversely affect the built
or natural environment as determined in the Environmental Analysis for this project.
7. Said Findings are supported by minutes, maps, exhibits and environmental
documents associated with this application and herein incorporated by reference, due to the fact
that they are referenced in the attached Staff Report, Exhibits, Environmental Assessment, and
Conditions of Approval.
8. The City Council has considered the effect of its action upon the housing
needs of the region and has balanced these needs against the public service needs of its residents
and available fiscal and environmental resources (Gov. Code Section 66412.3) and finds that the
project density is consistent with SWAP and the future General Plan. Additionally, it will provide
more diversity in the housing type available to the residents of the City of Temecula.
9. The proposed project will not result in discharge of waste into the existing
sewer system that is in violation of the requirements as set out in Section 13000 et seq. of the
California Water Code by requiring the project to comply with Eastern Municipal Water District's
requirements.
10. The design of the subdivision provides to the extent feasible, for future
passive or natural heating or cooling opportunities in the subdivision (Gov. Code Section 66473.1)
by limiting the height of the future structures to 40 feet and requiring setbacks according to the
R-1 smdards.
11. The project has acceptable access by means of dedicated right-of-way and
has been conditioned to acquire the necessary right-of-way for secondary access.
E. As conditioned pursuant to SECTION 3, the Tentative Tract Map is compatible
with the health, safety and welfare of the community.
Resos 92-87 -4-
Section 2. Environmental Conlpliance. An Initial Study prepared for this project
indicates that although the proposed project could have a significant impact on the environment,
there will not be a significant effect in this case because the mitigation measures described in the
Conditions of Approval have been added to the project, and a Negative Declaration, therefore,
is hereby granted.
Section 3. Conditions. That the City of Temecula City Council hereby approves
Tentative Tract Map No. 25277, Amendment No. 4 for the subdivision of a 47.7 acre parcel into
96 single family lots and 5 open space lots located at the southwesterly side of Pechanga Creek
between Via Gilberto and the easterly side of Temecula Creek Inn and known as Assessor's Parcel
No. 918-180-005 & 019 subject to the following conditions:
A. Exhibit A, attached hereto.
Section 4. The City Clerk shall certify the adoption of this Resolution.
PASSED AND ADOPTED this 24th day of November, 1992.
ATTEST:
[SEAL]
Resos 92-87 -5-
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) SS
CITY OF TEMECULA )
I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing
Resolution No. 92-87 was duly introduced and placed upon its first reading at a regular meeting
of the City Council on the 10th day of November, 1992, and that thereafter, said Resolution was
duly adopted and passed at a regular meeting of the City Council on the 24th day of November,
1992 by the following roll call vote:
3 COUNCILMEMBERS: Lindemans, Parks, Birdsall
NOES:
1 C OUNCILMEMBERS: Mufioz
ABSENT: 1 COUNCILMEMBERS: Moore
Resos 92-87 -6-
ATTACHMENT NO. 4
CONDITIONS OF APPROVAL
S\STAFFRPT\5724CZ-4. CC 1 7
CITY OF TEMECULA
CONDITIONS OF APPROVAL
Tentative Tract Map No: 25277, Amendment No. 4
Project Description: A request for approval of a
subdivision to include 96 single family lots and 5
open space lots proposed on 47.7 acres
Assessor's Parcel No.: 918-180-050, 019
PLANNING DEPARTMENT
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. A time extension may be approved in accordance with the State Map Act and
City Ordinance, upon written request, if made 30 days prior to the expiration date.
This conditionally approved tentative map will expire two years after the approval date,
unless extended as provided by Ordinance 460. The expiration date is
3. Any delinquent property taxes shall be paid prior to recordation of the final map.
o
Subdivision phasing shall be subject to Planning Department approval. Any proposed
phasing shall provide for adequate vehicular access to all lots in each phase, and shall
substantially conform to the intent and purpose of the subdivision approval.
A copy of both the comprehensive rough grading plan and the final precise grading plan
shall be submitted to the Planning Department for review and approval. All on-site cut
and fill slopes shall:
Be limited to a maximum slope ratio of 2 to 1 and a maximum vertical height of
thirty (30) feet. Setbacks from top and bottom of slopes for structures shall be
a minimum of one-half the slope height or as otherwise approved by the City
Engineer.
B. Be contour-graded to blend with existing natural contours.
The applicant shall comply with the Army Corps of Engineers recommendations outlined
in the letter dated March 6, 1992, a copy of which is attached.
The applicant shall comply with the Rancho California Water District recommendations
outlined in the letter dated March 4, 1992, a copy of which is attached.
S\STAFFRPT\5724CZ.PC
Revm;ed October 30, 1992 2 1
t0.
11.
12.
13.
14.
15.
16.
The applicant shall comply with the California Department of Fish and Game
recommendation outlined in the transmittals dated July 9, 1991 and April 20, 1992,
copies of which are attached.
The applicant shall comply with the fire improvement recommendations outlined in the
County Fire Department's letter dated August 4, 1992, a copy of which is attached.
The applicant shall comply with the recommendations outlined in the Temecula Valley
Unified School District's transmittal dated August 12, 1992, a copy of which is attached.
The applicant shall comply with the recommendations outlined in the Community Services
Department transmittal dated July 7, 1992, a copy of which is attached.
The applicant shall comply with the recommendations outlined in the Eastern Municipal
Water District transmittal dated January 28, 1991, a copy of which is attached.
Lots created by this subdivision shall comply with the following:
Lots created by this subdivision shall be in conformance with the development
standards of the R-1 zone.
So
Graded but undeveloped land shall be maintained in a weed-free condition and
shall be either planted with interim landscaping or provided with other erosion
control measures as approved by the Director of Building and Safety.
The developer shall be responsible for maintenance and upkeep of all slopes, landscaped
areas and irrigation systems until such time as those operations are the responsibilities
of other parties as approved by the Planning Director.
Prior to recordation of the final map, an Environmental Constraints Sheet (ECS) shall be
prepared in conjunction with the final map to delineate identified environmental concerns
and shall be permanently filed with the office of the City Engineer. A copy of the ECS
shall be transmitted to the Planning Department for review and approval. The approved
ECS shall be forwarded with copies of the recorded final map to the Planning Department
and the Department of Building and Safety. The following shall be noted on the ECS:
A. The Pechanga Creek is designated as a wildlife corridor.
This property is located within thirty (30) miles of Mount Palomar Observatory.
All proposed outdoor lighting systems shall comply with the California Institute of
Technology, Palomar Observatory recommendations.
All proposed construction shall comply with the California Institute of Technology,
Palomar Observatory Outdoor Lighting Policy, as outlined in the Southwest Area Plan.
S\STAFFRPT\S724CZ.PC
R®vmed October 3,0. 1992 22
1 7. Prior to the issuance of GRADING PERMITS, the following conditions shall be satisfied:
Prior to the issuance of grading permits, detailed landscaping and irrigation plans
shall be submitted for Planning Department approval for the phase of development
in process. These plans shall be consistent with the conceptual landscape plan as
required by Condition No. 18.F. The plans shall be certified by a landscape
architect, and shall provide for the followiqg:
(1)
Automatic irrigation systems shall be installed on all landscaped areas
requiring irrigation. However, areas being retained in their native state shall
not have permanent irrigation systems and should not be irrigated unless
revegetation is required.
(2)
Landscape screening where required shall be designed to be opaque up to
a minimum height of six (6) feet at maturity.
(3)
Front yards shall be landscaped including street trees. Typical front yard
landscaping shall be included for interior lots, corner lots and cul-de-sac
lots.
(4)
A wall and fencing plan shall be submitted for the project . Wooden
fencing shall not be allowed on the perimeter of the project or the side yard
of corner lots. This plan may be incorporated into the landscape plans.
(5)
Landscaping plans shall incorporate the use of specimen accent trees at
key visual focal points within the project.
(6)
Where street trees cannot be planted within right-of-way of interior streets
and project parkways due to insufficient road right-of-way, they shall be
planted outside of the road right-of-way,
(7)
Landscaping plans shall incorporate native and drought tolerant plants
where appropriate.
(8) Trails and picnic area facilities shall be depicted on the landscape plans.
(9)
All trees shall be minimum double staked. Weaker and/or slow growing
trees shall be steel staked.
'(10) All street trees shall be a minimum of 15 gallon.
Ro
All cut slopes located adjacent to ungraded natural terrain and exceeding ten (1 O)
feet in vertical height shall be contour-graded incorporating the following grading
techniques:
(1)
The angle of the graded slope shall be gradually adjusted to the angle of
the natural terrain.
S\STAFFRPT\5724CZ.PC
October 30, 1992 ~-3
18.
(2)
Angular forms shall be discouraged. The graded form shall reflect the
natural rounded terrain.
(3)
The toes and tops of slopes shall be rounded with curves with radii
designed in proportion to the total height of the slopes where drainage and
stability permit such rounding.
(4)
Where cut or fill slopes exceed 300 feet in horizontal length, the horizontal
contours of the slope shall be curved in a continuous, undulating fashion.
The developer shall provide evidence to the Director of Building and Safety that
all adjacent off-site manufactured slopes have recorded slope easements and that
slope maintenance responsibilities have been assigned as approved by the Director
of Building and Safety.
The applicant shall comply with the provisions of Ordinance No. 663 by paying the
appropriate fee set forth in that ordinance. Should Ordinance No. 663 be
sup~~ reded by the provisions of a Habitat Conservation Plan prior to the payment
of tt,,, fee required by Ordinance No. 663, the applicant shall pay the fee required
by the Habitat Conservation Plan as implemented by County ordinance or
resolution.
A qualified paleontologist shall be retained by the developer for consultation and
comment on the proposed grading with respect to potential paleontological
impacts. .Should the paleontologist find the potential is high for impact to
significant resources, a pre-grade meeting between the paleontologist and the
excavation and grading contractor shall be arranged. When necessary, the
paleontologist or representative shall have the authority to temporarily divert,
redirect or halt grading act;vity to allow recovery of fossils.
Fo
All manufactured slopes shall be planted with erosion control, low, fire resistant,
native and drought tolerant landscaping. The temporary irrigation for these slopes
shall be removed after plants have been established. The temporary irrigation shall
be designed as not to damage the existing oak trees on the site.
Prior to the approval of rough grading plans and recordation of the Final Map, a
comprehensive rough grading plan shall be submitted to the Planning Director for
approval. The plan shall be used as a guideline for subsecluent detailed grading plans for
individual phases of development and shall include the following:
Ao
Approximate time frames for grading and identification of areas which may be
graded during the higher probability rain months of January through March.
B. Preliminary pad and roadway elevations.
C. Areas of temporary grading outside of a particular phase.
S\STAFFRPT\5724CZ.PC
Revved October 30. 1992 24
Oak tree preservation according to Condition No. 19.
Grading on the open space lots shall be kept to a minimum to preserve the natural
state of the environment. This condition applies to lots 97, 99 and 100.
Prior to recordation of the final map, a conceptual landscape plan'shall be
approved by the Director of Planning. _The following shall be considered when
preparing and approving this plan:
(1) The preservation of the Oak trees is required by Condition No. 19.
(2) The revegetation of the Pechanga Creek as required by Condition No. 29.
(3)
Using drought tolerant, fire resistant plant type for slope planting as
required by Condition No. 20.G.
(4)
All slopcs ovcr thrcc fcct high ",,hall bc irrig~tcd ond land=oopcd. All graded
slopes over three (3) feet high shall be planted with large shrubs and
ground cover immediately after rough grading the site. A Performance
Bond shall be secured prior to issuance of grading permits to insure
installation of this landscaping. A one year Maintenance Bond will be
required to insure maintenance and survival of this landscaping. Irrigation
may be accomplished by permanent irrigation or using water trucks.
(Amended by Planning Commission at the September 21, 1992 meeting).
(5) Irrigated and non-irrigated areas shall be identified.
(6)
Trails, picnic areas and all associated signs within the open space areas
shall be identified.
(7)
Typical front yard landscaping for interior, corner and cul-de-sac lots shall
be included to include street trees, hydroseeding or sod, shrubs and ground
cover.
(8)
Location of all walls and fences shall be identified. The perimeter of the
project shall include decorative block wall, wrought iron or combination as
specified in Condition No. 27. Corner lot side yards shall be decorative
block wall.
(9) Erosion control shall be consistent with Ordinance No. 457.75.
(10) Timing of installation of all landscaping shall be specified on the plans.
S\STAFFRPT\$724CZ.PC
Revi~ed October 30, 1992 2 5
19.
An oak tree protection and replacement program, prepared by a licensed arborist (oak tree
specialist/biologist) shall be prepared prior to recordation of the final map and shall be
implemented. This arborist/biologist shall be present on the site throughout all grading
and construction activities which may impact the oak trees on the site. The program shall
include but not be limited to the following components:
A. Program Elements to be graphically depicted on rough and precise grading plans:
(1)
The location of the trunk and extent of dripline for all trees within the
project site and the type and location of any project fencing. The trees
that will be saved, transplanted or eliminated shall be identified on these
plans. Trees that are eliminated shall be replaced as specified on Condition
No. 19.B.8. All the trees on the project site and within 75 feet of the
centerline of the secondary access on the Querry property to the east
(Tentative Tract Map No. 27473) or the extent of ground disturbance
necessary for the construction of this road, whichever is more, shall be
identified.
(2)
Construction envelopes shall be designated on all parcels located outside
the driplines of all oak trees. All ground disturbances including grading
shall be prohibited outside construction envelopes.
(3)
Equipment storage and staging areas shall be designated on rough and
precise grading plans at least six (6) feet outside of dripline areas.
(4)
All replacement trees and transplanted trees may be used to revegetate the
creek as specified in Condition No. 29.
(5)
Permanent tree wells or retaining walls shall be specified on precise grading
plans.
(6)
Drainage plans shall be designed so that oak tree trunk areas are properly
drained to avoid ponding.
(7)
All utilities shall be placed directly adjacent to roadways and driveways in
order to minimize impacts to trees. All utilities shall be placed within
construction envelopes.
(8)
The following bonds shall be secured by the developer, or his successors
in interest:
(A)
Prior to issuance of grading permits: To preserve, transplant and
replace the eliminated trees with new saplings in compliance with
the conditions of approval during the grading, construction or any
other related activity.
S\STAFFRPT\5724CZ.PC
Rev.ed Ocroiler 30, 1992 2 6
(B)
Prior to acceptance of the open space lots by the City: To ensure
the long term survival of the transplanted trees and new saplings.
(C)
Prior to acceptance of the open space lot by the City: To ensure
the "long term survival" of any tree that has been damaged as a
result of construction activities.
Long term survival shall mean a minimum of 10 years or if otherwise
determined by the arborist and approved by the Planning Director.
The amount of bonds shall be determined by the arborist and approved by
the Planning Director.
Sections B and C above shall not apply to trees within individual parcels.
(9)
All oak trees within 25 feet of proposed ground disturbances shall be
temporarily fenced with chain-link or other material throughout all grading
and construction activities. The fencing shall be installed six feet outside
the dripline of each oak tree, and shall be staked every 6 feet.
(10)
No artificial surface, pervious or impervious, shall be placed within 6 feet
of the dripline of any oak tree. If this is determined to be infeasible, the
affected trees shall be transplanted.
Program elements to be printed as conditions on final grading and building plans:
(1)
No grading or development shall occur within the driplines of oak trees
which occur in the construction area.
(2)
No construction equipment shall be parked, stored or operated within 6
feet of any oak tree dripline.
(3)
No fill soil, rocks or construction materials shall be stored or placed within
six feet of the dripline of an oak tree.
(4)
Any roots encountered that are one inch in diameter or greater shall be
cleanly cut and sealed with a tree-seal compound.
(5)
Any trenching required within the dripline or sensitive root zone of any oak
tree shall be done by hand. Any oak tree roots greater than one inch in
diameter exposed in any trench shall be cut and sealed with approved
sealant immediately after the trench is excavated.
(6)
Irrigation shall not occur within the dripline of any existing oak tree that has
not previously been irrigated, except as otherwise recommended by the
arborist.
S\STAFFRPT\5724CZ,PC
Revmed October 30, 1992 27
20.
(7) Only designated trees shall be transplanted and/or eliminated.
(8)
Any oak trees which are eliminated and/or damaged (more than 40% of
root zone disturbed) shall be replaced on a 10:1 basis with 10 gallon size
saplings grown from locally obtained seed. Where necessary to remove a
tree and feasible to replant, trees shall be boxed and replanted. A drip
irrigation system with a timer shall,be installed as recommended by the
arborist. Trees shall be maintained until' established (ten years or as
determined by the arborist and approved by the Planning Director). The
plantings shall be protected from predation by wild and domestic animals,
and from human interference by the use of staked, chain link fencing and
gopher fencing during the maintenance period.
(9)
Any unanticipated damage that occurs to trees or sensitive habitats
resulting from construction activities shall be mitigated in a manner
approved by the Planning Director. This mitigation may include but is not
limited to tree replacement as specified in Condition No. 19.B.8. The
required mitigation shall be done immediately under the direction of the
Planning Director prior to any further work occurring on site.
(1 0) All trees located near proposed buildings shall be protected from stucco or
paint during construction.
(11)
A Planning Director approved arborist shall be onsite throughout all grading
and construction activities which may impact trees located on the site.
Go
Prior to issuance of grading permits, the applicant shall submit a copy of the
precise grading plans to the Planning Department for review and approval. All
aspects of the plan shall be implemented as approved. Monitorinq: Planning
Department shall conduct site inspection throughout all phases of development to
ensure compliance with and evaluate all tree protection and replacement
measures. Release of performance security requires Planning Staff signature.
Prior to the issuance of BUILDING PERMITS the following conditions shall be satisfied:
No building permits shall be issued by the City for any residential lot/unit within
the project boundary until the developer's successor's-in-interest provides
evidence of compliance with public facility financing measures. A cash sum of
one-hundred dollars ($100) per lot/unit shall be deposited with the City as
mitigation for public library development.
All building plans for all new structures shall incorporate, all required elements
from the subdivision's approved fire protection plan as approved by the County
Fire Marshal.
S\ST~, FFRPT~5724CZ.PC
Revved October 30, 1992 28
21.
22.
Go
All dwellings to be constructed within this subdivision shall be designed and
constructed with fire retardant (Class B) roofs as approved by the Fire Marshal.
Roof-mounted mechanical equipment shall not be permitted within the subdivision,
however solar equipment or any other energy saving devices shall be permitted
with Planning Department approval.
Building separation between all buildings in~:luding fireplaces shall not be less than
ten (1 O) feet.
F. All street side yard setbacks shall be a minimum of ten (10) feet.
The precise grading plan shall be subject to the approval of the Fire Department.
Minimum 30 foot rear and side yard setbacks shall be required for lots abutting
(from the side or rear) the open space areas to minimize the fire hazards. The
developer shall consider this condition when designing the units to ensure
compliance with these setback adjustments. Native, drought tolerant and fire
resistant landscaping shall be used to protect the slopes to further reduce the fire
hazards, or other mitigation measures approved by the Fire Department.
Prior to the issuance of OCCUPANCY PERMITS the following conditions shall be satisfied:
All landscaping and irrigation within each individual lot shall be installed in
accordance with approved plans prior to the issuance of occupancy permit for that
lot. If seasonal conditions do not permit planting, interim landscaping and erosion
control measures shall be utilized as approved by the Planning Director and the
Director of Building and Safety.
All landscaping and irrigation shall be installed in accordance with approved plans
and shall be verified by City field inspection.
All landscaping and irrigation outside individual lots shall be completed prior to
issuance of the first occupancy permit.
The subdivider shall defend, indemnify, and hold harmless the City of Temecula, its
agents, officer, and employees from any claim, action, or proceeding against the City of
Temecula or its agents, officer, or employees to attach, set aside, void, or annul an
approval of the City of Temecula, its advisory agencies, appeal boards or legislative body
concerning Tentative Tract Map No. 25277, which action is brought within the time
period provided for in California Government Code Section 66499.37. The City of
Temecula will promptly notify the subdivider of any such claim, action, or proceeding
against the City of Temecula and will cooperate fully in the defense. If the City fails to
promptly notify the subdivider of any such claim, action, or proceeding or fails to
cooperate fully in the defense, the subdivider shall not, thereafter, be responsible to
defend, indemnify, or hold harmless the City of Temecula.
S\STAFFRPT\5724CZPC
Revi~ed October 30, 1992 29
23.
24.
25.
26.
27.
28.
All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be
provided for underground, with easements provided as required, and designed and
constructed in accordance with City Codes and the utility provider. Telephone, cable TV,
and/or security systems shall be pre-wired in the residence.
All utilities, except electrical lines rated 33kv or greater, shall be installed underground.
Within forty-eight (48) hours of the approval of th~ project, the applicant/developer shall
deliver to the Planning Department a cashiers check or money order payable to the
County Clerk in the amount of One Thousand, Two Hundred, Seventy-Five Dollars
($1,275.00), which includes the One Thousand, Two Hundred, Fifty Dollars ($1,250.00)
fee, in compliance with AB 3158, required by Fish and Game Code Section 711.4(d)(2)
plus the Twenty-Five Dollar ($25.00) County administrative fee to enable the City to file
the Notice of Determination required under Public Resources Code Section 21152 and 14
Cal. Code of Regulations 15075. If within such forty-eight (48) hour period the
applicant/developer has not delivered to the Planning Department the check required
above, the approval for the project granted herein shall be void by reason of failure of
condition, Fish and Game Code Section 711.4(c).
The following information shall be included with the White Report and be available to the
prospective residents of the project at the time of initial marketing:
A. A copy of the State Department of Agriculture Pamphlet, Living Among the Oaks.
The back yard lighting for all lots abutting the Pechanga Creek shall be limited to
a type that limits light pollution in the creek.
The Pechanga Creek is designated as a wildlife corridor and using the trails after
dark is discouraged.
A combination of block wall (3 feet high) and wrought iron (3 feet high) fencing shall be
constructed along the rear property lines of all lots abutting the Pechanga Creek. The
same wall shall be constructed along the side and rear property lines of all the lots that
abut all the open space areas. The side yard fencing on all corner lots shall be a block
wall.
Signage shall be included for appropriate locations on the trails to inform all trail users of
the potential presence of Mountain Lions after dark. The sign shall read "Warning,
Mountain Lion Country, A Risk, There are Mountain Lions in this area, they are
unpredictable and dangerous. Minors (under 18 years of age) may be attacked without
warning, they must remain under direct adult supervision at all times." Signage shall be
approved by the Director of Planning prior to issuance of Occupancy Permits.
S\STAFFRP'T\5 ? 24CZ. PC
Revmed October 30, 1992 30
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
The creek shall be revegetated to enhance the wildlife corridor for wildlife movement,
This revegetation shall be subject to approval of a qualified biologist/an arborist and a
registered landscape architect. This plan shall be submitted for review and approval of
the Planning Director prior to issuance of grading permits. Oak trees that need
transplanting may be used to revegetate the wildlife corridor.
A pamphlet shall be available to all trail users to providing tips in case of encountering
Mountain Lions (refer to Attachment "7" of the Staff Report). This pamphlet shall be
available at all trail signs.
No grading permits shall be issued until the precise grading plans and the ~[inal landscape
plans for the entire project is approved by the Planning Department.
The applicant shall receive appropriate Fish and Game and Army Corps of Engineers
permits prior to issuance of grading permits. A copy of clearances from these agencies
shall be submitted to the Planning Department.
The precise grading plan shall include the secondary access alignment through the Querry
property to the east (Tentative Tract Map No. 27473).
Trails and' picnic areas shall be developed, completed and dedicated to the City prior to
issuance of the first occupancy permit for the project.
The applicant shall complete the annexation procedures to the Eastern Municipal Water
District and Rancho California Water District and receive approval of the improvement
plans for installation of all utilities prior to recordation of the Final Map.
A historic site, CA-RIV-330-H, is located just outside the project boundary to the South
of the southwest property line. This adobe wall shall be protected from grading and
possible blasting even though it is outside the project boundary. Fencing shall be erected
around the adobe walls to protect the structural integrity of the wall from equipment and
grading. If blasting is required within the vicinity of the wall, acceptable mitigation
measures shall be incorporated to protect the structures. The fencing shall be shown on
the grading plans. This fencing shall be at least four feet high and thirty feet in diameter
surrounding the wall. With the incorporation of these mitigation measure, the impacts
would be reduced to a level of insignificance.
Heavy construction activity and deliveries shall be restricted to the hours of 7 a.m. to 7
p.m. on weekdays.
A mitigation monitoring program shall be submitted to identify all environmental mitigation
measures contained in the Conditions of Approval. This program shall identify the
impacts the mitigation measures, the stage of the development the mitigation measures
are to be enforced and the responsible party for monitoring the mitigation measures. All
cost necessary to implement his program shall be the responsibility of the applicant.
S\STAFFRPT~5 ?24CZ.PC
Rev~cl October 30, 1992 31
Ae
Lots 1, 2 and 3 shall be eliminated and be replaced by an open space lot.
Similarly, lot 11 shall be replaced by an open space lot. These two open space
lots shall be dedicated to the City as permanent open space. (Added by Planning
Commission at the September 21, 1992 meeting).
DEPARTMENT OF PUBLIC WORKS
The following are the Department of Public Works Conditions of Approval for this project, and
shall be completed at no cost to any Government Agency. All questions regarding the true
meaning of the conditions shall be referred to the appropriate staff person of the Department of
Public Works.
It is understood that the Subdivider has correctly shown on the tentative map all existing and
proposed easements, traveled ways, improvement constraints and drainage courses, and their
omission may require the project to be resubmitted for further review and revision.
PRIOR TO RECORDATION OF THE FINAL MAP:
39.
The Subdivider shall record a written agreement within 72 hours of approval of the
Tentative Map confirming an offer to waive the owner's rights as described in section
66462.5 of the Subdivision Map Act or this approval shall be revoked and deemed void.
The Subdivider shall not request or require the City of Temecula to enter into
condemnation proceedings to acquire any offsite right-of-way needed within Tentative
Tract Map No. 27473 to comply with these conditions of approval. The Subdivider shall
not record any phase of the approved tentative map until adequate right-of-way for
secondary access' has been acquired at the owner's sole expense. Failure to acquire any
offsite right-of-way shall not void or invalidate any condition of approval.
40.
Subdivider shall not record any phase of this map until Tentative Map 27473 is approved
showing a fixed alignment for the secondary access road, and a preliminary grading and
construction analysis has been completed in complete compliance with CEQA
requirements identifying all mitigation measures.
41.
If Tentative Map 27473 is not approved prior to the Subdivider's request to record any
phase of this map, the owner shall submit a revised Tentative Map to the City of
Temecula for review and approval showing a fixed alignment for the secondary access
road across the adjacent property, shall acquire the necessary right-of-way for roadway
purposes at his sole expense, shall complete a grading and construc'..'-n analysis, and
shall be in complete compliance with CEQA recluirements including mitigation measures.
Subdivider shall pay all fees associated with the processing of a revised map and all
associated studies.
42.
Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is part of
an existing Assessment District must comply with the requirements of said section.
S\STAFFRPT\5724CZ.PC
Revi~ed October 30. 1992 3 2
43.
44.
45.
46.
47.
48.
49.
As deemed necessary by the Department of Public Works, the developer shall receive
written clearance from the following agencies:
San Diego Regional Water Quality;
Rancho California Water District;
Eastern Municipal Water District;
Riverside County Flood Control.District;
City of Temecula Fire Bureau;
Planning Department;
Department of Public Works;
Riverside County Health Department;
CATV Franchise;
Metropolitan Water District;
Temecula Community Services District;
General Telephone;
Southern California Edison Company;
Southern California Gas Company;
Army Corp of Engineers; and
Department of Fish and Game
All road easements and/or street dedications shall be offered for dedication to the public
and shall continue in force until the City accepts or abandons such offers. All dedications
shall be free from all encumbrances as approved by the Department of Public Works.
Via Gilberto and Streets "A" through "J" shall be improved with 40 feet of asphalt
concrete pavement, or bonds for the street improvements may be posted, within the
dedicated right-of-way in accordance with City Standard No. 104, Section A (60'/40').
The Via Gilberto and Via Eduardo crossings at Pechanga Creek shall be improved with full
width bridges consistent with the ultimate required road improvements, or bonds for the
bridge improvements may be posted, within the dedicated right-of-way in accordance
with applicable City, County and State Standards.
A secondary access road with a minimum of 32 feet of A.C. paving shall be provided
within a minimum of 45 feet of dedicated right-of-way, or bonds may be posted, from
Street "H" or Street "J" across the adjacent property (Tentative Tract Map No. 27473).
The right-of-way shall be 60 feet in width with 32 feet minimum of A.C. paving from the
terminus of Via Eduardo southwesterly to the boundary of Tentative Tract Map No.
27473. The existing cul-de-sac shall be reconstructed for through traffic and drainage.
Corner property line cut off shall be required per Riverside County Standard No. 805.
Easements, when required for roadway slopes, recreational trails, landscape easements,
drainage facilities, utilities, etc., shall be shown on the final map if they are located within
the land division boundary. All offers of dedication and conveyances shall be submitted
and recorded as directed by the Department of Public Works.
S\STAFFRPT\5724CZ.PC
Revved October 30, 1992 33
50.
51.
52.
53.
54.
55.
56.
57.
58.
The subdivider shall construct or post security and an agreement shall be executed
guaranteeing the construction of the following public improvements in conformance with
applicable City standards.
Street improvements, including, but not limited to: pavement, curb and gutter,
sidewalks, drive approaches, street lights, signing, striping, traffic signal systems,
and other traffic control devices as appropriate.
B. Storm drain facilities.
C. Landscaping (street and slopes) and erosion 'control.
D. Sewer and domestic water systems.
E. All trails, as required by the Temecula Community Services District.
F. Undergrounding of proposed utility distribution lines.
The street design and improvement concept of this project shall be coordinated with
adjoining developments. (Tentative Map No. 27473).
Street lights shall be provided along streets adjoining the subject site in accordance with
the requirements of Ordinance No. 91-43 and as approved by the Department of Public
Works.
Prior to recordation of the final map, the developer shall deposit with the Department of
Public Works a cash sum as established, per lot, as mitigation towards traffic signal
impacts. Should the developer choose to defer the time of payment of traffic signal
mitigation fee, he may enter into a written agreement with the City deferring said
payment to the time of issuance of a building permit.
Street names shall be subject to the approval of the Building and Safety Department.
The minimum centerline radii shall be 300 feet or as approved by the Department of
Public Works.
All street and driveway centerline intersections shall be at 90 degrees or as approved by
the Department of Public Works.
Improvement plans shall be based upon a centerline profile extending a minimum of 300
feet beyond the project boundaries at a grade and alignment as approved by the
Department of Public Works.
A minimum centerline street grade shall be 0.50 percent.
S\STAFFRPT\5724CZ.PC
October 30, 1992 34
59.
60.
61.
62.
63.
64.
65.
66.
67.
68.
69.
70.
Engineered improvement plans for the bridge crossings shall be included with the street
improvement plans and shall be required for review and approval by the Department of
Public Works.
All driveways shall conform to the applicable City of Temecula standards and shall be
shown on the street improvement plans in accordance with City Standard 207 and 401
(curb sidewalk).
All driveways shall be located a minimum of two (2) feet from the side property line.
The subdivider shall submit two (2) prints of a comprehensive grading plan to the
Department of Public Works. The plan shall comply with the Uniform Building Code,
Chapter 70, and as may be additionally provided for in these Conditions of Approval. The
plan shall be drawn on 24" x 36" mylar by a Registered Civil Engineer.
A geological report shall be prepared by a qualified engineer or geologist and submitted
as directed by the Department of Public Works at the time of application for grading plan
check.
The subdivider shall submit two (2) copies of a soils report to the Department of Public
Works. The report shall address the soils stability and geological conditions of the site.
A formal drainage study shall be submitted to and approved by the Department of Public
Works. All drainage facilities shall be installed as required by the Department of Public
Works.
On-site drainage facilities, located outside of road right-of-way, shall be contained within
drainage easements 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."
A drainage easement shall be obtained from the affected property owners for the release
of concentrated or diverted storm flows onto the adjacent property. A copy of the
recorded drainage easement shall be submitted to the City for review prior to the
recordation of the final map.
If deemed necessary by the Department of Public Works, a copy of the improvement
plans, grading plans and final map, along with supporting hydrologic and hydraulic
calculations shall be submitted to the Riverside County Flood Control District for review.
Slope protection shall be provided for all work performed within Pechanga Creek. All
facilities shall conform to City of Temecula and Riverside County Flood Control standards.
Adequate provisions shall be made for acceptance and disposal of surface drainage
entering the property from adjacent areas.
S\STAFFRPT\5724CZ.PC
Revmed October 30, 1992 3 5
71.
72.
73.
74.
PRIOR
75.
76.
77.
The subdivider shall protect downstream properties from damages caused' by alteration
of the drainage patterns; i.e., concentration or diversion of flow. Protection shall be
provided by constructing adequate drainage facilities, including enlarging existing facilities
or by securing a drainage easement.
A portion of the site is in an area identified on the Flood Hazard Maps as Flood Zone A
and is subject to flooding of undetermined depths. ,Prior to the approval of any plans, this
project shall comply with Ordinance 91-12 of the City of Temecula and with the rules and
regulations of FEMA for development within a Flood Zone "A" which may include
obtaining a letter of map revision from FEMA.
The developer shall record an Environmental Constraint Sheet delineating the area within
the 100-year floodplain and any other development constraints.
Prior to final map, the subdivider shall notify the City's CATV Franchises of the Intent to
Develop. Conduit shall be installed to CATV Standards at time of street improvements.
TO ISSUANCE OF GRADING PERMITS:
Prior to issuance of a grading permit, developer must comply with the requirements of a
National Pollutant Discharge Elimination System (NPDES) permit from the State Water
Resources Control Board. No grading shall be permitted until a NPDES clearance is
granted or the project is shown to be exempt.
Prior to any work being performed in public right-of-way, fees shall be paid and an
encroachment permit shall be obtained from the Department of Public Works.
If blasting is to occur during the grading process, permits shall be obtained from the City
of Temecula Police Department. Notice shall be given to all residents and property
owners within 1000 feet of the project boundary at least 3 days prior to blasting. Blasting
shall only be conducted between the hours of 10:00 AM and 4:00 PM, Monday through
Friday except Federally recognized holidays. If an emergency situation related to safety
or weather conditions should occur, blasting may occur outside of these hours. Blasting
shall be performed in accordance with the following specifications, and in such a manner
that noise, ground and air vibration, and dust are maintained at levels which satisfy
Federal, State, County and City standards:
A. Blasting shall be conducted by a trained and licensed blaster.
The explosive used for blasting work will be standard commercial products
specifically designed for mine applications.
C. Blasting shall be performed using electric or non-electric blasting systems.
Do
All blasts shall be detonated with a millisecond delay system to limit the quantity
of explosive detonated per delay period and to provide for sequential control of the
blast detonation.
S\STAFFRPT\5724CZ PC
Revmed Octot3er 30, 1992 3 6
78.
79.
80.
81.
82.
83.
84.
85.
The explosives shall include bulk ANFO suitably primed for blast hole conditions,
unless other more suitable materials are deemed appropriate by the blasting
consultant.
F. Water-resistant explosives shall be used where wet blast hole conditions exist.
Go
Explosive supplies shall be used in accordance with the technical recommendations
of the manufacturer and the Institute of Makers of Explosives.
All blast holes shall be carefully stemmed with inert granular material, and
individual blast holes will be loaded with due recognition of instant rock fracture
and burden conditions.
Seismic monitoring of each blast shall be performed by an independent, qualified
consultant.
Prior to any work being performed within Pechanga Creek, a 404, 1603 and any other
necessary permits shall be obtained from the appropriate agencies. (Army Corp of
Engineers, Department of Fish and Game, San Diego Regional Water Quality Control
Board, etc.)
A grading permit shall be obtained from the Department of Public Works prior to
commencement of any grading outside of the City-maintained road right-of-way.
No grading shall take place prior to the improvement plans being substantially complete,
appropriate clearance letters have been obtained, and approval of the grading plan has
been granted by the Department of Public works.
Erosion control and runoff mitigation plans shall be required. All plans shall be submitted
with appropriate notes as directed and approved by the Department of Public Works.
Erosion control and runoff mitigation shall be maintained at all times.
All lot drainage shall be to the street by side yard drainage swales independent of any
other lot.
If deemed necessary at the time of grading permit issuance, a flood mitigation charge
shall be paid. The charge shall equal the prevailing Area Drainage Plan fee rate multiplied
by the area of new development. The charge is payable to the Flood Control District prior
to issuance of permits. If not deemed necessary or if the full Area Drainage Plan fee or
mitigation charge has already credited to this property, no new charge needs to be paid.
A letter of permission shall be required from all adjacent property owners for any grading
work within their property.
If necessary, a permit from the County Flood Control District is required for any work
within their right-of-way.
S\STAFFRPT\S724CZ.PC
October 30. 1992 37
PRIOR
86.
87.
88.
89.
PRIOR
90.
91.
92.
TO BUILDING PERMIT:
A precise grading plan shall be submitted to the Department of Public Works for review
and approval. The building pad shall be certified by a registered Civil Engineer for location
and elevation, and the Soils Engineer shall issue a Final Soils Report addressing
compaction and site conditions.
Prior to the issuance of any building permits, construction of the expansion, realignment
or replacement of the Pala Road Bridge over Temecula Creek shall have begun.
Grading of the subject property shall be in accordance with the Uniform Building Code,
City Grading Standards and accepted grading practices. The final grading plan shall be
in substantial conformance with the approved comprehensive rough grading plan.
Developer shall pay any capital fee for road improvements and public facilities imposed
upon the property or project, including that for traffic and public facility mitigation as
required under the EIR/Negative Declaration for the project. The fee to be paid shall be
in the amount in effect at the time of payment of the fee. If an interim or final public
facility mitigation fee or district has not been finally established by the date on which
developer requests its building permits for the project or any phase thereof, the developer
shall execute the Agreement for payment of Public Facility fee, a copy of which has been
provided to developer. Concurrently, with executing this Agreement, developer shall post
security to secure payment of the Public Facility fee. The amount of the security shall
be $2.00 per square foot, not to exceed $10,000. Developer understands that said
Agreement may require the payment of fees in excess of those now estimated (assuming
benefit to the project in the amount of such fees). By execution of this Agreement,
developer will waive any right to protest the provisions of this Condition, of this
Agreement, the formation of any traffic impact fee district, or the process, levy, or
collection of any traffic mitigation or traffic impact fee for this project; provided that
developer is not waiving its right to protest the reasonableness of any traffic impact fee,
and the amount thereof.
TO ISSUANCE OF CERTIFICATES OF OCCUPANCY:
Complete full street improvements including but not limited to, curb and gutter, A.C.
pavement, sidewalk, drive approaches, parkway trees and street lights on all interior
public streets.
A 32 foot wide secondary access road from Street"H" or Street"J" to Via Eduardo shall
be completed within a recorded right-of-way for roadway purposes as approved by the
Department of Public Works.
Full width bridge crossings at Via Gilberto and Via Eduardo shall be completed within the
dedicated right-of-way for roadway purposes to be acquired by the subdivider at his own
expense. A minimum of 32 feet of A.C. paving within 60 foot right-of-way shall be
completed to connect to the existing Via Eduardo cul-de-sac terminus to the northerly
boundary of Tentative Map 27473.
S\STAFFRPT\5724CZ. PC
Revi. ed October 30. 1992 38
93.
Existing city roads requiring construction shall remain open to traffic at all times with
adequate detours during construction. Traffic control plans shall be provided as directed
by the Department of Public Works, and may be required to be prepared by a registered
Civil Engineer.
94.
No occupancy shall be granted until the expansion, realignment or replacement of the Pala
Road Bridge over Temecula Creek has been completed.
Transportation EnQineerinQ
PRIOR TO RECORDATION OF THE FINAL MAP:
95.
A signing and striping plan shall be designed by a registered Civil Engineer and approved
by the Department of Public Works as directed by the Department of Public Works and
shall be included in the street improvement plans,
96.
Plans for a traffic signal shall be designed by a registered Civil Engineer and approved by
the Department of Public Works for the intersection of Via Gitberto at Pala Road and shall
be included in the street improvement plans with the second plan check submittal.
97,
Prior to designing any of the above plans, contact Transportation Engineering for the
design requirements.
98. A Transportation Demand Management program will be required.
99.
Subdivider shall execute an agreement for the reimbursement of construction cost above
his pro rata share of the improvements of the traffic signal at Via Gilberto and Pala Road
from future development as determined by the Department of Public Works,
PRIOR TO THE ISSUANCE OF ANY ENCROACHMENT PERMITS:
100.
A construction area traffic control plan shall be designed by a registered Civil Engineer
and approved by the City Engineer for any street closure and detour or other disruption
to traffic circulation as required by the Department of Public Works.
PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS:
101. All signing and striping shall be installed per the approved signing and striping plan.
102. The traffic signal at Via Gilberto and Pala Road shall be installed and operational per the
special provisions and the approved traffic signal plan.
103. The subdivider shall provide "stop" controls at the intersection of local streets along Via
Gilberto as directed by the Department of Public Works.
104. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to
driveways to provide for minimum sight distance.
S\STAFFRPT\5724CZ.PC
Revmed October 30, 1992 39