HomeMy WebLinkAbout00-030 CC ResolutionRESOLUTION NO. 2000-30
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA DENYING (i) THE PROJECT APPLICANT'S
APPEAL OF CONDITIONS OF APPROVAL NOS 27 AND 28
AND (ii) DENYING THE McGLAUGHLIN'S APPEAL OF THE
PLANNING COMMISSION'S APPROVAL, AND UPHOLDING
THE PLANNING COMMISSION'S APPROVAL OF PLANNING
APPLICATION NO. PA97-0307 (TENTATIVE PARCEL MAP NO.
28627) A REQUEST TO SUBDIVIDE TWO PARCELS
TOTALLING 38 ACRES INTO 11 COMMERCIAL LOTS AND
ONE OPEN SPACE LOT LOCATED ADJACENT TO
INTERSTATE 15, SOUTHWEST OF THE INTERSECTION OF
OLD TOWN FRONT STREET AND HIGHWAY 79 (S)/
WESTERN BYPASS CORRIDOR (ASSESSOR'S PARCEL
NUMBER 922-210-047), BASED UPON THE ANALYSIS AND
FINDINGS CONTAINED IN THE STAFF REPORT AND
SUBJECT TO THE CONDITIONS OF APPROVAL ON FILE IN
THE OFFICE OF THE CITY CLERK
WHEREAS, Margarita Canyon LLC filed Planning Application No. PA97-0307, in
accordance with the City of Temecula General Plan and Development Code;
WHEREAS, Planning Application No. PA97-0307 was processed including, but not
limited to public notice, in the time and manner prescribed by State and local law;
WHEREAS, the Planning Commission considered Planning Application No. PA97-0307
on October 20, 1999, November 17, 1999, December 8, 1999, February 16, 2000 and March
15, 2000 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 opposition to this
matter;
WHEREAS, at the conclusion of the Planning Commission hearing and after due
consideration of the testimony, the Commission recommended approval of Planning Application
No. PA97-0307;
WHEREAS, two separate entities filed appeals of the Planning Commission's approval;
each appeal based on different issues.
WHEREAS, the City Council conducted a public hearing pertaining to both appeals on
May 9, 2000, at which time interested persons had opportunity to, and did testify either in
support or opposition to Planning Application No. PA97-0307;
WHEREAS, the City Council received a copy of the Commission proceedings and Staff
Report regarding Planning Application No. PA97-0307;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the above recitations are true and correct and are hereby incorporated
by reference.
R:Resos2000-30 I
Section 2. Findinqs. The City Council, in upholding th~ Planning Commission's
approval of Planning Application No. PA97-0307 (Tentative Parcel Map 28627) hereby makes
the following findings
A. The proposed land division based the design or improvement of the project and
as conditioned by the Conditions of Approval contained in this report is compatible with the
General Plan. The site is physically suitable for the type and density of development. The
project is consistent with the General Plan Land Use designation Highway / Tourist.
B. The design of the proposed land division or the type of improvements is not likely
to cause serious public health problems. The project has been reviewed for conformance with
the City's General Plan and Development Code. The project is consistent with these
documents and conditions of approval have been placed on the project accordingly to assure
that the development conforms to City Standards.
C. As conditioned, 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. The map proposes access to
take access from the future Western Bypass Corridor and will not obstruct any easements.
D. As conditioned, the map conforms to the logical development of the site, and is
compatible with the health, safety and welfare of the community and access and circulation are
adequate for emergency vehicles. The project has been reviewed by the City's Traffic
Engineer, Public Works Department and Fire Departments. These departments have
conditioned the map to ensure public health, safety and welfare.
E. As conditioned, 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.
Though the site contains a small area of Riversidian Sage Scrub, a plant
association that the California Gnatcatcher is known to inhabit, a biology
study for the site indicates that none of these animals inhabit the site. In
addition, mitigation measures that mitigate any potential impacts to
wildlife and habitat have been included within the design of the project
and are included within the mitigation monitoring program for the project.
These mitigation measures address all impacts associated with the
development of the site and the potential impacts development of the site
will have on wildlife or habitat off-site.
II.
The project will generate a substantial increase in traffic along SR 79 (S)
between 1-15 and Old Town Front Street. Project generated traffic will
create an adverse impact on traffic in the area resulting from queuing,
merging and weaving between the 1-15 off ramp and Old Town Front
Street access to the site. Conditions of Approval are reasonable
conditions which will mitigate this adverse impact by providing an
alternative access point to the site from the west side of the project, and
are reasonable conditions which reduce the impact of project generated
traffic in the area surrounding the project.
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Section 3. Environmental Compliance. 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 Mitigated Negative
Declaration, therefore, is hereby granted.
Section 4. Conditions. The appeal of Joyce McLaughlin, Ray McLaughlin Jr., and
Donald McLaughlin to PA97-0307 (Tentative Parcel Map 28627) is hereby denied. The appeal
of the applicant, Margarita Canyon LLC to PA97-0307 (Tentative Parcel Map 28627) is hereby
denied. The City of Temecula City Council hereby approves Planning Application No. PA97-
0307 (Tentative Tract Map No. 28627) a request to subdivide a 38 acre parcel into 11
commercial lots and one open space lot located adjacent to Interstate 15, southwest of the
intersection of Old Town Front Street and Highway 79 (S)/ Western Bypass Corridor
(Assessor's Parcel Number 922-210-047), subject to the project specific conditions set forth on
Exhibit A, attached hereto, and incorporated herein by this reference.
Section 5. The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED, this 9th day of May, 2000
City Cler]
ATTEST:. -; .
~S~ATE OE CALIFORNIA )
GOUNTY OF RIVERSIDE ) ss
CIT~F~TEMECULA. . ~ )
I, Susan W. Jones, City Clerk of the City of Temecula, California, do hereby cedify that
Resolution No. 2000-30 was duly and regularly adopted by the City Council of the City of
Temecula at a regular meeting thereof held on the 9th day of May, 2000, by the following vote:
AYES:
5 COUNCILMEMBERS:
Comerchero, Naggar, Pratt, Roberts, Stone
NOES:
0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
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EXHIBIT A
CITY OF TEMECULA
CONDITIONS OF APPROVAL
Planning Application No. PA97-0307 - Tentative Parcel Map No. 28627
Project Description:
The subdivision of two parcels totaling 38 acres into
'11 commercial lots and one open space lot
Approval Date:
Expiration Date:
Assessor's Parcel No.: May 9, 2000
May 9, 2003
922-210-047
PLANNING DIVISION
Within Forty-Eight (48) Hours of the Approval of this Project
The applicant shall deliver to the Community Development Department - Planning
Division a cashier's check or money order made payable to the County Clerk in the
amount of One Thousand Three Hundred Twenty-Eight Dollars ($1,328.00) which
includes the One Thousand Two Hundred and Fifty Dollar ($1,250.00) fee, required by
Fish and Game Code Section 711.4(d)(3) plus the Seventy-Eight Dollar ($78.00) County
administrative fee, to enable the City to file the Notice of Determination for the Mitigated
or Negative Declaration required under Public Resources Code Section 21108(a) and
California Code of Regulations Section 15075. If within said forty-eight (48) hour period
the applicant has not delivered to the Community Development Department - Planning
Division the check as required above, the approval for the project granted shall be void
by reason of such failure of to satisfy this condition (Fish and Game Code Section
711.4(c)).
General Requirements
The tentative subdivision shall comply with the State of California Subdivision Map Act
and to all the requirements of the City's Subdivision Ordinance, 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.
The applicant and owner of the real property subject to this condition shall hereby agree
to indemnify, protect, hold harmless, and defend with Legal Counsel of the City's own
selection, 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 from any and all claims, actions,
awards, judgments, or proceedings against the City to attack, set aside, void, annul,
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. City shall promptly notify the both the applicant
r:Resos2000-30 4
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 its 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.
The applicant shall comply with all mitigation measures contained in the approved
Mitigation Monitoring Program.
The applicant and the City shall immediately undertake the preparation of the following:
Preparation of overall traffic thresholds based upon the goal of ensuring that the
aggregate development of the parcels within Phase II of Tentative Parcel Map
28627 is done at a density and intensity of square foot development and
provided that the aggregate for all lots in Phase II does not exceed the safe level
of traffic flow as determined jointly by the Director of Public Works and by the
applicant's traffic engineer of generally accepted professional traffic engineering
standards.
ii)
Preparation of a mutually acceptable Development Agreement, as such is
defined in California Government Code Section 65864 that serves to implement
the traffic thresholds set forth in subsection (i) above. The Development
Agreement shall include other terms necessary and desirable, including but not
limited to the City's agreement to use its best efforts to expedite the Project
Study Report (PSR) being prepared for the California Department of
Transportation (CALTRANS) in regard to freeway related improvements.
In the event the applicant and the City are unable to process the Development
Agreement or the development agreement is not adopted by the parties, the
physical development of the parcels in Phase II shall be subject to and regulated
by the traffic thresholds established in Subsection (i) hereinabove. No
development of the parcels in Phase II shall occur, notwithstanding any condition
to the contrary, until the traffic thresholds identified in Subsection (i) above are
approved jointly by the Director of Public Works and the applicant's traffic
engineer.
Prior to Issuance of Grading Permits
A copy of the Rough Grading plans shall be submitted and approved by the Planning
Division.
The applicant shall comply with the provisions of Chapter 8.24 of the Temecula
Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in that
ordinance or by providing documented evidence that the fees have already been paid.
The applicant shall receive approval for the purchase of off-site property from the U.S.
Fish and Wildlife Service and the California Department of Fish and Game, and submit a
mitigation plan to the Planning Department which details how the applicant has set aside
sensitive areas and has met the requirements of the U.S Fish and Wildlife Service and
the California Department of Fish and Game for the off-site mitigation of off-site property
to compensate for the taking of the Riversidian Sage Scrub on site, if required.
R:Resos2000-30 5
Development of the site shall preserve the entire amount of Riparian Woodlands on site.
No grading or clearing shall occur in this area. Development of the site shall be
designed so that all utility extensions are underground and that graded surface water run
off and spillage drains away from Murrieta and Temecula Creeks. This area shall be
fenced off prior to any grading activities to prevent any disturbances to wetland or
vegetation areas. The project will be conditioned to re-vegetate all graded and disturbed
areas near the channels with native tree and plant species. The applicant shall prepare a
Biological Mitigation Plan to ensure project compliance with the mitigation monitoring
program.
10.
At the time of the submittal of a development proposal or the submittal of a grading plan
for the project site the applicant shall submit a biological survey at the appropriate time
of the year to determine if the California Gnatcatcher, the Quino Checkerspot Butterfly or
any other endangered or threatened species inhabit the site, if the habitat is a
designated habitat. This biological survey shall propose appropriate mitigation for
development of the site. This biological survey shall be submitted to the U.S. Fish and
Wildlife Service and the California Department of Fish and Game for review and
approval. The applicant shall prepare a Biological Mitigation Plan to ensure project
compliance with the mitigation monitoring program. (Modified by the Planning
Commission on March 15, 2000)
11.
The applicant shall obtain a 404 Permit from the U.S. Fish and Wildlife Service and a
1603 Streambed Alteration Permit from the California Department of Fish and Game, if
required. The applicant shall prepare a Biological Mitigation Plan to ensure project
compliance with the mitigation monitoring program.
12.
When future development is proposed on the site a Phase II archaeological study shall
be conducted. This study shall establish appropriate mitigation to address any
significant impacts that may occur.
Prior to Recordation of the Final Map
13. The following shall be submitted to and approved by the Planning Division:
a. A copy of the Final Map.
b. A copy of the Environmental Constraint Sheet (ECS) with the following notes:
1)
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, Ordinance No. 655.
2) This project is within the 100-year floodplain.
3) This project is within a dam inundation area.
4) This project is within a Liquifaction Zone.
5) This project is within a Subsidence Zone.
R:Resos2000-30 6
Prior to Issuance of Building Permits
14.
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 Director approval.
Prior to Issuance of Occupancy Permits
15.
All of the foregoing conditions shall be complied with prior to occupancy or any use
allowed by this permit.
DEPARTMENT OF PUBLIC WORKS
16.
The Department of Public Works recommends the following Conditions of Approval for
this project. Unless stated otherwise, all conditions shall be completed by the Developer
at no cost to any Government Agency.
General Requirements
17.
It is understood that the Developer correctly shows on the tentative map all existing and
proposed easements, traveled ways, improvement constraints and drainage courses,
and their omission may require the project to be resubmitted for further review and
revision. The tentative map shall show the location of all right-of-way corridors as
specified within these conditions of approval.
18.
A Grading Permit for either rough or precise grading shall be obtained from the
Department of Public Works prior to commencement of any construction outside of the
City-maintained road right-of-way.
19.
An Encroachment Permit shall be obtained from the Department of Public Works prior to
commencement of any construction within an existing or proposed City right-of-way.
20.
An Encroachment Permit shall be obtained from the California Department of
Transportation prior to commencement of any construction within an existing or
proposed State right-of-way.
21.
All improvement plans, grading plans, landscape and irrigation plans shall be
coordinated for consistency with adjacent projects and existing improvements
contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula
mylars.
22.
The Developer shall provide the required street improvements as directed by the
Director of Public Works as part of the phased map.
23.
The map may be phased in two phases. Phase I to include Parcels I and 12 and Phase
II to include Parcels 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11.
24.
Prior to approval of Phase II or any subsequent phases, the Developer shall submit a
Traffic Study to determine the Level of Service (LOS) of impacted intersections. The
LOS should be "D", peak hour or better as determined by the Director of Public Works
before any further maps are approved.
R:Resos2000-30 7
Prior to Approval of the Parcel Map, unless other timing is indicated, the Developer shall
complete the following or have plans submitted and approved, subdivision improvement
agreements executed and securities posted:
25.
As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the following agencies:
San Diego Regional Water Quality Control Board
Rancho California Water District
Eastern Municipal Water District
Riverside County Flood Control and Water Conservation District
City of Temecula Fire Prevention Bureau
Planning Department
Department of Public Works
Riverside County Health Department
Cable TV Franchise
Community Services District
General Telephone
Southern California Edison Company
Southern California Gas Company
California Fish & Game
Army Corps of Engineers
Caltrans clearance shall only be required to demonstrate the satisfaction of any
condition or conditions that the City of Temecula imposes on the planning application
pursuant to this Resolution No. *~'"* ...... ;'~';" '~'c ;' ";~'~;"*;"- ''~ r..,i, ....
(Modified by the Planning Commission on March 15, 2000)
26.
The Developer shall construct the following public improvements to City of Temecula
standards unless otherwise noted. Plans shall be reviewed and approved by the
Department of Public Works:
Improve Western Bypass Corridor (Major Highway Standards modified to 88'
R/W) to include dedication of full width street right-of-way within underlying
properties including the remainder section to the north of Western Bypass
Corridor, installation of full width street improvements, paving, curb and gutter,
sidewalk, street lights, drainage facilities, signing and striping, utilities (including
but not limited to water and sewer).
Improve Front Street (Principal Collector Highway Standards - 78' R/W) to
include dedication of full width street right-of-way, installation of full width street
improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities,
signing and striping, utilities (including but not limited to water and sewer).
The Public Works Director may require, and the Developer shall promptly
construct to the specifications imposed by the City, an additional twenty four (24)
foot wide Roadway at the point located approximately 250 feet west of the
currently proposed extension of Front Street. The Public Works Director shall, in
writing, direct the Developer to commence the construction of the Roadway only
upon his determination that the traffic use arising from the physical improvements
of parcels I and 12 of Parcel Map 28627 exceed the traffic thresholds
established pursuant to Condition No. 5 of this Resolution No.
R:Resos2000-30 8
27.
28.
29.
30.
31.
32.
33.
34.
The Developer shall submit an Irrevocable Offer of Dedication for Roadway and Utility
Purposes along Western Bypass Corridor for an additional 12 feet above and beyond
the proposed 88 feet dedication. The form of the offer shall be subject to the approval of
the Director of Public Works and City Attorney.
Upon development of Parcels 2 through 11, or any singular parcel, other than
Parcels 1 and 12, (added by the City Council on May g, 2000) the developer shall
submit an Irrevocable Offer of Dedication for Roadway and Utility Purposes along
westerly proposed property boundary for adequate right-of-way to construct an
alternative access street across Lots 8, 9 and I0 frcc;vcy csccsc rcmpc csrcss thc
..... The form of the offer shall be subject to the approval of the Director of Public Works
and City Attorney. The Planning Commission retains the authority to modify this
condition if conditions change. (Modified by the Planning Commission on March
15, 2000)
,D'.~,,v'~";" ~^~...u,... ~.,.~ _,,_""" ~;,,,v,.,. ........ ,. (Deleted by the Planning Commission on March 15,
2000)
All street improvement design shall provide adequate right-of-way and pavement
transitions per Caltrans' standards for transition to existing street sections.
Relinquish and waive right of access from Western Bypass Corridor on the Parcel Map
other than the one access which shall be restricted to right in-right out only.
Relinquish and waive right of access to and from State Route 79 South on the Parcel
Map.
The Developer shall conduct a warrant analysis for the signal at the intersection of
Western Bypass Corridor/State Route 79 South and Front Street.
The Developer shall modify the said signal accordingly.
35.
Unless otherwise approved the following minimum criteria shall be observed in the
design of the street improvement plans:
a.
Street centerline grades shall be 0.5% minimum over P.C.C. and 1.00%
minimum over A.C. paving.
Driveways shall conform to the applicable City Standard Nos. 207, 207A and/or
208.
Street lights shall be installed along the public streets and shall be designed in
accordance with Ordinance No. 461.
R:Resos2000-30 9
36.
37.
38.
39.
40.
41.
Concrete sidewalks shall be constructed in accordance with City Standard Nos.
400 and 401.
Design of street improvements shall extend a minimum of 300 feet beyond the
project boundaries to ensure adequate continuity of design with adjoining
properties.
f. Minimum centerline radii shall be in accordance with City Standard No. 113.
g. All reverse curves shall include a 100-foot minimum tangent section.
h. All street and driveway centedine intersections shall be at 90 degrees.
Landscaping shall be limited in the corner cut-off area of all intersections and
adjacent to driveways to provide for minimum sight distance and visibility.
All concentrated drainage directed towards the public streei shall be conveyed
through curb outlets per City Standard No. 301.
All utility systems including gas, electric, telephone, water, sewer, and cable TV
shall be provided underground. Easements shall be provided as required where
adequate right-of-way does not exist for installation of the facilities. All utilities
shall be designed and constructed in accordance with City Codes and the utility
provider.
A construction area Traffic Control Plan shall be designed by a registered Civil Engineer
and reviewed by the Department of Public Works for any street closure and detour or
other disruption to traffic circulation as required by the Department of Public Works.
Corner property line cut off for vehicular sight distance and installation of pedestrian
facilities shall be provided at all street intersections in accordance with Riverside County
Standard No. 805.
All easements and/or right-of-way dedications shall be offered for dedication to the
public or other appropriate agency and shall continue in force until the City accepts or
abandons such offers. All dedications shall be free from all encumbrances as approved
by the Department of Public Works.
Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is part of
an existing Assessment District must comply with the requirements of said section. Prior
to City Council approval of the Parcel Map, the Developer shall make an application for
reapportionment of any assessments with appropriate regulatory agency.
Any delinquent property taxes shall be paid.
An Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the
Parcel Map to delineate identified environmental concerns and shall be recorded with
the map. A copy of the ECS shall be transmitted to the Planning Department and Public
Works Department for review and approval. The following information shall be on the
ECS:
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42.
43.
44.
45.
46.
47.
48.
49.
The delineation of the area within the 100oyear floodplain.
Special Study Zones.
Geotechnical hazards identified in.the project's geotechnical report.
Archeological resources found on the site.
The Developer shall comply with all constraints which may be shown upon an
Environmental Constraints Sheet recorded with any underlying maps related to the
subject property.
A copy of the grading and improvement plans, along with supporting hydrologic and
hydraulic calculations shall be submitted to the Riverside County Flood Control and
Water Conservation District for approval prior to recordation of the Parcel Map or the
issuance of any permit. A permit from Riverside County Flood Control and Water
Conservation District is required for work within their right-of-way.
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.
The Developer shall notify the City's cable TV Franchises of the Intent to Develop.
Conduit shall be installed to cable TV Standards at time of street improvements.
Bus bays will be provided at all existing and future bus stops as determined by the
Department of Public Works.
Private drainage easements for cross-lot drainage shall be required and shall be
delineated and noted on the Parcel Map.
Easements for joint use driveways shall be provided prior to approval of the Parcel Map
or issuance of building permits, whichever occurs first.
Easements, when required for roadway slopes, landscape easements, drainage
facilities, utilities, etc., shall be shown on the Parcel Map if they are located within the
land division boundary. All offers of dedication and conveyances shall be submitted for
review and recorded as directed by the Department of Public Works. On-site drainage
facilities located outside of road right-of-way shall be contained within drainage
easements and shown on the Parcel Map. A note shall be added to the Parcel Map
stating "drainage easements shall be kept free of buildings and obstructions."
Prior to Issuance of Grading Permits
50.
As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the following agencies:
· San Diego Regional Water Quality Control Board
· Riverside County Flood Control and Water Conservation District
· Planning Department
· Department of Public Works
· Riverside County Health Department
R:Resos2000-30 11
51.
52.
53.
54.
55.
56.
· Community Services District
· General Telephone
· Southern California Edison Company
· Southern California Gas Company
· Caltrans clearance shall only be required to demonstrate the satisfaction of any
condition or conditions that the City of Temecula imposes on the planning application
pursuant to this Resolution No, "'"* 3'c "';*~';" *nc "";~;"""" c~
C~Itr~nc. (Modified by the Planning Commission on March 15, 2000)
A Grading Plan shall be prepared by a registered Civil Engineer in accordance with City
of Temecula standards and approved by the Department of Public Works prior to
commencement of any grading. The plan shall incorporate adequate erosion control
measures to protect the site and adjoining properties from damage due to erosion.
A Soils Report shall be prepared by a registered Civil or Soils Engineer and submitted to
the Department of Public Works with the initial grading plan check, The report shall
address all soils conditions of the site, and provide recommendations for the
construction of engineered structures and preliminary pavement sections.
A Geotechnical Report shall be prepared by a registered engineer or engineering
geologist and submitted to the Department of public Works with the initial grading plan
check. The report shall address special study zones and identify any geotechnical
hazards for the site including Io(~ation of faults and potential for liquefaction. The report
shall include recommendations to mitigate the impact of ground shaking and
liquefaction.
Provisions to mitigate drainage and the storm drain improvements as shown on
Tentative Parcel Map 28627 are conceptual and may require modification. The design
of. the storm drain system will be determined upon review and approval of the grading
and storm drain improvement plans. A Drainage Study shall be prepared by a registered
Civil Engineer and submitted to the Department of Public Works with the initial grading
plan check. The study shall identify storm water runoff quantities expected from the
development of this site and upstream of the site. It shall identify all existing or proposed
off-site or on-site, public or private, drainage facilities intended to discharge this runoff.
Runoff shall be conveyed to an adequate outfall capable of receiving the storm water
runoff without damage to public or private property. The study shall include a capacity
analysis verifying the adequacy of all facilities. Any upgrading or upsizing of drainage
facilities necessary to convey the storm water runoff shall be provided as part of
development of this project. The basis for analysis and design shall be a storm with a
recurrence interval of one hundred years.
This development must comply with the requirements of the National Pollutant
Discharge Elimination System (NPDES) permit from the State Water Resources Control
Board and Ordinance No. 99-10, No grading shall be permitted until an NPDES Notice
of Intent (NOI) has been filed or the project is shown to be exempt. Direct discharge of
runoff from the site into Murrieta Creek is prohibited and urban pollutants shall be
mitigated as approved by the Department of Public Works.
The Developer shall post security and enter into an agreement guaranteeing the grading
and erosion control improvements in conformance with applicable City Standards and
subject to approval by the Department of Public Works.
R:Resos2000-30 12
57. A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the
Riverside County Flood Control and Water Conservation District by either cashier's
check or money order, prior to issuance of permits, based on the prevailing area
drainage plan fee. If the full Area Drainage Plan fee or mitigation charge has already
been credited to this property, no new charge needs to be paid.
58. The Developer shall obtain letters of approval or easements for any off-site work
performed on adjoining properties. The letters or easements shall be in a format as
directed by the Department of Public Works.
59. The site is in an area identified on the Flood Insurance Rate Maps as Flood Zone "A"
and is subject to flooding of undetermined depths. Prior to the approval of any plans, the
Developer shall demonstrate that the project complies with Chapter 15.12 of the
Temecula Municipal Code for development within Flood Zone "A". A Flood Plain
Development Permit is required prior to issuance of any permit. Commercial
subdivisions may obtain a LOMR at their discretion.
60. A Flood Plain Development Permit and Flood Study shall be submitted to the
Department of Public Works for review and approval. The flood study shall be in a
format acceptable to the Department and include, but not be limited to, the following
criteria:
Drainage and flood protection facilities which will protect all structures by
diverting site runoff to streets or approved storm drain facilities.
Adequate provision shall be made for the acceptance and disposal of surface
drainage entering the property from adjacent areas.
The impact to the site from any flood zone as shown on the FEMA flood hazard
map and any necessary mitigation to protect the site.
Identify and mitigate impacts of grading to any adjacent floodway.
The location of existing and post development 100-year floodplain and floodway
shall be shown on the improvement plan.
Prior to Issuance of Building Permits
61.
Parcel Map 28627 shall be approved and recorded; except that Parcel 12, which is
existing Lot 11, MB 15 15/726, San Diego County Records, may proceed subject to the
conditions of approval of the development application for that lot regardless of whether
PM 28627 has been recorded at the time building permits are sought for the project.
62.
63.
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.
Grading of the subject property shall be in accordance with the Uniform Building Code,
the approved grading plan, the conditions of the grading permit, City Grading Standards
and accepted grading construction practices. The final grading plan shall be in
substantial conformance with the approved rough grading plan.
64.
The Developer shall pay to the City the Public Facilities Development Impact Fee as
required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and
R:Resos2000-30 13
all Resolutions implementing Chapter 15.06.
Prior to Issuance of Certificates of Occupancy
65.
As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the following agencies:
· Rancho California Water District
· Eastern Municipal Water District
· Department of Public Works
66.
All necessary certifications and clearances from engineers, utility companies and public
agencies shall be submitted as required by the Department of Public Works.
67.
All improvements shall be constructed and completed per the approved plans and City
standards to the satisfaction of the Director of Public Works.
68.
The existing improvements shall be reviewed. Any appurtenance damaged or broken
due to the construction operations of this project shall be repaired or removed and
replaced to the satisfaction of the Director of Public Works·
BUILDING AND SAFETY DEPARTMENT
Prior to the Issuance of a Building Permit
69.
A receipt or clearance letter from the Temecula Valley School District shall be submitted
to the Planning Department to ensure the payment or exemption from School Mitigation
fees·
FIRE DEPARTMENT
70.
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.
71.
· The Fire Prevention Bureau is required to set a minimum lire flow for commercial land
division per CFC Appendix Ill-A, Table A-III-A-1. The developer shall provide for this
project, a water system capable of delivering 4000 GPM at 20 PSI residual operating
pressure with a 4 hour duration. The required fire flow may be adjusted during the
approval process to reflect changes in design, construction type, or automatic fire
protection measures as approved by the Fire Prevention Bureau. The Fire Flow as
given above has taken into account all information as provided. (CFC 903.2, Appendix
72.
The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC
Appendix III-B, Table A-Ill-B-1. Super fire hydrants (6" x 4" x 2-2 1/2" outlets) shall be
R:Resos2000-30 14
73.
74.
75.
76.
77.
78.
79.
80.
81.
located on Fire Department access roads and adjacent public streets. Hydrants shall be
spaced at 350 feet apart and shall be located no more than 210 feet from any point on
the street or Fire Department access road(s) frontage to a hydrant. The required fire
flow shall be available from any adjacent hydrant(s) in the system. The upgrade of
existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix Ill-B)
Maximum cul-de-sac length shall not exceed 1320 feet. Minimum turning radius on any
cul-de-sac shall be forty-five (45) feet. (CFC 902.2.2.3)
If construction is phased, each phase shall provide approved access and fire protection
prior to any building construction. (CFC 8704.2 and 902.2.2)
Prior to building construction, all locations where structures are to be built shall have
approved temporary Fire Department vehicle access roads for use until permanent
roads are installed. Temporary Fire Depadment access roads shall be an all weather
surface for 80,000 lbs. GVVV. (CFC 8704.2 and 902.2.2.2)
Prior to building final, all locations where structures are to be built shall have approved
Fire Department vehicle access roads to within 150 feet to any portion of the facility or
any portion of an exterior wall of the building(s). Fire Department access roads shall be
an all weather surface designed for 80,000 lbs. GVVV with a minimum AC thickness of
.25 feet. ( CFC sec 902)
Fire Department vehicle access roads shall have an unobstructed width of not less than
twenty-four (24) feet and an unobstructed vertical clearance of not less than thirteen (13)
feet six (6) inches. (CFC 902.2.2.1)
Prior to building construction, dead end road ways and streets in excess of one hundred
and fifty (150) feet which have not been completed shall have a turnaround capable of
accommodating fire apparatus. (CFC 902.2.2.4)
Prior to issuance of building permits, the developer shall furnish one copy of the water
system plans to the Fire Prevention Bureau for approval prior to installation. Plans shall
be signed by a registered civil engineer; contain a Fire Prevention Bureau approval
signature block; and conform to hydrant type, location, spacing and minimum fire flow
standards. After the plans are signed by the local water company, the originals shall be
presented to the Fire Prevention Bureau for signatures. The required water system
including fire hydrants shall be installed and accepted by the appropriate water agency
prior to any combustible building materials being placed on an individual lot. (CFC
8704.3, 901.2.2.2 and National Fire Protection Association 24 1-4.1)
Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective
Markers" shall be installed to identify fire hydrant locations. (CFC 901.4.3)
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 902.4)
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Special Conditions
82.
Prior to issuance of building permits, fuel modification plans shall be submitted to the
Fire Prevention Bureau for review and approval for all open space areas adjacent to the
wildland-vegetation inter[ace. (FC Appendix II-A)
83.
Prior to issuance of building permits, plans for structural protection from vegetation fires
shall be submitted to the Fire Prevention Bureau for review and approval. The measures
shall include, but are not limited .to, enclosing eaves, noncombustible barriers (cement or
block walls), and fuel modification zones. (CFC Appendix II-A)
OTHER AGENCIES
84.
The applicant shall comply with the recommendations set forth in the County of
Riverside Department of Environmental Health's transmittal dated October 2, 1997, a
copy of which is attached.
85.
The applicant shall comply with the recommendations set forth in the Riverside County
Flood Control and Water Conservation District transmittal dated November 10, 1997, a
copy of which is attached.
86.
The applicant shall comply with the recommendations set forth in the Rancho California
Water District's transmittal dated October 1, 1997, a copy of which is attached.
87.
The applicant shall comply with the recommendations set forth in Eastern Information
Center's transmittal dated October 13, 1997, a copy of which is attached.
88.
r~ .... ~,.-,~ ~ ~nn~ ,-,..,;,.~ ,.; ,,,~.;..r. .... *~,.-ho~ (Deleted by the Planning
Commission on March 15, 2000)
By placing my signature below, I confirm that I have read, understand and accept all the above
Conditions of Approval. I further understand that the property shall be maintained in
conformance with these conditions of approval and that any changes I may wish to make to the
project shall be subject to Community Development Department approval.
Applicant Signature
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