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HomeMy WebLinkAbout02-005 CC ResolutionRESOLUTION NO. 02-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 01- 0117 - VESTING TENTATIVE TRACT MAP NO. 24188 AMENDMENT NO. 4, FOR THE SUBDIVISION OF 293 RESIDENTIAL LOTS, I RECREATION CENTER LOT, I PARK SITE LOT AND 16 OPEN SPACE LOTS WHICH CONFORM TO THE PLANNING AREAS, OPEN SPACE AREAS AND PARK SITES OF THE PALOMA DEL SOL SPECIFIC PLAN AMENDMENT NO. 8 LOCATED EAST OF MEADOWS PARKWAY, NORTH OF DE PORTOLA ROAD, WEST OF BUTTERFIELD STAGE ROAD AND SOUTH OF PAUBA ROAD, AND FURTHER IDENTIFIED AS ASSESSOR PARCEL NOS. 955-030-003, 955-030-004, 955-030-006, 955 030-032 WHEREAS, Newland Communities filed Planning Application No. PA01-0117 (the "Application") in a manner in accord with the City of Temecula General Plan, Development Code and Subdivision Ordinance; WHEREAS, the Application was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission, at a regular meeting, considered the Application on November 7, 2001 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 Commission hearings and after due consideration of the testimony, the Commission recommended approval of the Application subject to and based upon the findings set forth hereunder; WHEREAS, the City Council considered the Application on January 8, 2002, 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 Council hearing and after due consideration of the testimony, the Council approved of the Application, and certified Addendum No. 4 to the Final Environmental Impact Report for the Paloma Del Sol Specific Plan after finding that the project proposed in the Application conformed to the City of Temecula General Plan; WHEREAS, all legal preconditions to the adoption of this Resolution have occurred. 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:/Resos 2002/Resos 02-05 I Section 2. Findinqs. That the City Council, in approving the Application, hereby makes the following findings as required in Section 16.09.140 of the Temecula Municipal Code. A. The proposed subdivision and the design and improvements of the subdivision are consistent with the General Plan, Paloma Del Sol Specific Plan, as amended, Development Code and the City of Temecula Municipal Code; B. The proposed subdivision map is consistent with the subject Specific Plan Amendment and related General Plan Amendment. C. The tentative map does not propose to divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965, or the land is subject to a Land Conservation Act contract but the resulting parcels following division of the land will not be too small to sustain their agricultural use; D. The site is physically suitable for the type and proposed density of development proposed by the tentative map; E. The design of the subdivision and the proposed improvements, with conditions of approval, are not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat as no sensitive species or habitant exist within the project boundaries; F. The design of the subdivision and the type of improvements are not likely to cause serious public health problems; G. The design of the subdivisions provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible; H. The design of the subdivisions and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision, or the design of the alternate easements which are substantially equivalent to those previously acquired by the public will be provided. (Quimby). The subdivisions are consistent with the City's parkland dedication requirements Section 3. The Paloma Del Sol Specific Plan Environmental Impact Report (EIR No. 235) was approved and certified by the County of Riverside on September 6, 1988. Since that date Addendum No. I was certified in conjunction with Amendment No. 4 to the Specific Plan, which added a Development Agreement to the project. Addendum No. 2 was adopted on March 17, 1999 by the City of Temecula in conjunction with an evaluation of additional facilities and uses to the Specific Plan. Addendum No. 3 was adopted on October 19, 1999 by the City of Temecula in conjunction with an overall reduction of in dwelling units and the reconfiguration and realignment of Campanula Way. The analysis associated with the Addendum No. 4 to Environmental Impact Report No. 235 concludes that changes in project impacts as a result of Amendment No. 8 are either unchanged or decreased from the original project, and that no additional mitigation measures are required. The City Council acknowledges the overriding consideration with regard to air quality impacts made by the Riverside County Board of Supervisors during the original R:/Resos 2002/Resos 02-05 2 certification of Environmental Impact Report No. 235. Staff concludes that the environmental concerns regarding the project have been adequately addressed. Section 4. Approval and Conditions. The City Council of the City of Temecula approves Planning Application No. PA01-0117 (Vesting Tentative Tract Map 24188 Amendment No. 4), the subdivision of 293 residential lots, I recreation center lot, 1 park lot and 16 open space lots which conform to the Planning Areas and park sites of the Paloma Del Sol Specific Plan and contained in Exhibit A, subject to the project specific conditions set forth on Exhibit B, attached hereto, and incorporated herein by this reference together with any and all other necessary conditions that may be deemed necessary. Section 5. PASSED, APPROVED AND ADOPTED this 8th day of January, 2002. Ron Roberts, Mayor ATTEST: STATE OF CALIFORNIA ) COUNTYOF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that Resolution No. 02-05 was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 8th of January, 2002, by the following vote: AYES: 4 COUNCILMEMBERS: Comerchero, Naggar, Pratt, Roberts NOES: 1 COUNCILMEMBERS: Stone ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None ~ty Clerk R:/Resos 2002/Resos 02-05 3 EXHIBIT A VESTING TENTATIVE TRACT MAP NO. 24188 (AMENDMENT NO. 4) R:/Resos 2002/Resos 02-05 4 VESTING TENTATIVE TRACT NO. EXHIBIT B CONDITIONS OF APPROVAL FOR V'I'rM 24188 (AMENDMENT NO. 4) R:/Resos 2002/Resos 02-05 5 CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No.: Project Description: PA01-0117 (Vesting Tentative Tract Map No. 24188, Amendment No. 4) The subdivision of approximately 127 acres into 293 residential lots, I recreation center lot, 1 park lot and 16 open space lots which conform to the Planning Areas, Open Space Areas and Park sites of the Paloma Del Sol Specific Plan Amendment No. 8. Assessor's Parcel Nos.: 955-030-002, 955-030-003, 955-030-004, 955-006, 955-030-032. Approval Date: Expiration Date: PLANNING DIVISION Within Forty-Eight (48) Hours of the Approval of this Project 1. The applicant/developer 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 Nine Hundred Twenty-Eight Dollars ($928.00) which includes the Eight Hundred and Fifty Dollar ($850.00) fee, required by Fish and Game Code Section 711.4(d)(3) plus the Seventy-Eight Dollars ($78.00) County administrative fee, to enable the City to file the Notice of Determination for the Environmental Impact Report required under Public Resources Code Section 21151 and California Code of Regulations Section 15904. If within said forty-eight (48) hour period the applicant/developer 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 failure of condition (Fish and Game Code Section 711.4(c)). General Requirements 2. 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. 3. The permittee/applicant shall indemnify, protect and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees, and agents from any and all claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or any of its officers, employees, and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an 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 which action is brought within the appropriate statute of limitations period and Public Resoumes Code, Division 13, Chapter 4 (Section 21000 et seq., including but not by the R:/Resos 2002/Resos 02-05 6 way of limitations Section 21152 and 21167). The City shall promptly notify the permittee/applicant of any claim, action, or proceeding brought forth within this time period. The City shall estimate the cost of the defense of the action and applicant shall deposit said amount with the City. City may require additional deposits to cover anticipated costs. City shall refund, without interest, any unused portions of the deposit once the litigation is finally concluded. Should the City fail to either promptly notify or cooperate fully, permittee/applicant shall not, thereafter be responsible to indemnify, defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of its officers, employees, or agents. Should the applicant fail to timely post the required deposit, the Director may terminate the lands use approval without further notice to the applicant. 4. This project and all subsequent projects within this site shall be consistent with Specific Plan No. 4. 5. The project and all subsequent projects within this site shall be subject to the Amendment and Restatement of Development Agreement Between the City of Temecula and Mesa Homes (Paloma Del Sol). 6. The project and all subsequent projects within this site shall comply with all mitigation measures identified within EIR No 235. 7. The applicant shall comply with all mitigation measures contained in the approved Mitigation Monitoring Program. 8. Subdivision phasing shall be subject to Planning Department approval. Prior to Issuance of Grading Permits 9. If the project is to be phased, prior to the approval of grading permits, an overall conceptual grading plan shall be submitted to the Planning Director for approval. The plan shall be used as a guideline for subsequent detailed grading plans for individual phases of development and shall include the following: a. Techniques which will be utilized to prevent erosion and sedimentation during and after the grading process. b. Approximate time frames for grading and identification of areas which may be graded during the higher probability rain months of January through Mamh. c. Preliminary pad and roadway elevations. d. Areas of temporary grading outside of a particular phase. 10. 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. 11. 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. Prior to Recordation of the Final Map 12. 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 R:/Resos 2002/Resos 02-05 7 shall be fonNarded with copies of the recorded final map to the Planning Department and the Department of Building and Safety. The following notes shall be placed on the ECS: a. "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 Outdoor Lighting Policy." b. "EIR No. 235 and an Addendum to this EIR was prepared for this project and is on file at the City of Temecula Planning Department." 13. Any delinquent property taxes shall be paid prior to recordation of the final map. Prior to Issuance of Building Permits 14. The development impact fees associated with the project must be paid to the City of Temecula. 15. With the submittal of building plans to the Department of Building and Safety a copy of the acoustical study prepared by Wilber Smith Associates dated September 22, 1992 and subsequent study dated October 3, 1992, or as updated by subsequent reports, shall be submitted to ensure the implementation of the study to reduce ambient interior noise levels to 45 Ldn and exterior noise levels to 65 Ldn. 16. Roof-mounted mechanical equipment shall not be permitted within the subdivision, however solar equipment or any other energy saving devices shall be permitted with Director of Planning approval. 17. The Covenants, Conditions and Restrictions (CC&R's) shall be reviewed and approved by the Planning Department prior to final map recordation of the tract maps. The CC&R's shall include liability insurance and methods of maintaining the open space, recreation areas, parking areas, private roads, exterior of all buildings and parkways. 18. No lot or dwelling unit in the development shall be sold unless a corporation, association, property owner's group, or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CC&R's which shall include compulsory membership of all owners of lots and/or dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit enforcement by the City of Provisions required by the City as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. 19. A performance bond and a one year maintenance bond shall be required for all landscaping installed except for landscaping within individual lots. The amount of this landscaping shall be subject to the approval of the Planning Department. This bond shall be secured after completion of said landscaping and prior to release of the dwelling units tied to the timing of the landscaped area 20. Erosion control planting shall commence as soon as slopes are completed on any portion of the site during and after the grading operations. A performance bond shall be secured with the Planning Department prior to issuance of any grading permits to insure the R:/Resos 2002/Resos 02-05 8 21. 22. 23. 24. 25. 26. installation of this landscaping. Cut slopes equal to or greater than five (5) feet in vertical height and fill slopes equal to or greater than three (3) feet in vertical height shall be planted with a ground cover to protect the slope from erosion and instability. Slopes exceeding fifteen (15) feet in vertical height shall be planted with shrubs, spaces not more than ten (10) feet on center or trees spaced not to exceed twenty (20) feet on center or a combination of shrubs and trees at equivalent spacings, in addition to the ground cover. Other standards of erosion control shall be consistent with Ordinance No. 457.57. Community Theme Walls may be substituted for Project Theme Walls at the developers discretion. Wood fencing shall only be allowed along the side yards and the rear yards of single family dwellings. Project Theme Walls shall be used along the side yards facing the street for corner lots. The residential lot street tree requirements and front yard requirements shall be consistent with Section IV.C.3.a.I.,2., and 3. of Specific Plan No. 219, Amendment No. 3. Maintenance and timing for completion of all open space areas shall be as identified in Planning Application No. 92-0013 (Development Agreement) or shall be consistent with Specific Plan No. 219, as amended, if the Development Agreement is null and void. A Mitigation Monitoring Program shall be submitted and approved by the Planning Department prior to recordation of the Final Map. A conceptual landscape plan shall be submitted to the Planning Department prior to the issuance of building permits for review and approval. The following needs to be included in these plans: a. Typical front yard landscaping for interior, corner and cul-de-sac lots. b. Typical slope landscaping. c. Private and public park improvements and landscaping. d. All open space area landscaping including, private and public common areas, private recreational areas, paseos, equestrian trails, monuments and Landscape Development Zones. e. All landscape plans shall identify the number and size of all plants, the type of irrigation to be used, all hardscaping, fences and walls. f. The timing for installation of all landscaping walls and trails shall be identified prior to approval of these plans. g. The responsibility for installation of all landscaping and walls shall be identified. h. All private open space areas that will not be dedicated to the City as identified in the Development Agreement shall be developed as an integrated part of the open space lot that they are a part of and shall be consistent with the provisions of the Specific Plan. i. Fifty (50) percent of all trees planted within the project shall be a minimum of twenty four (24) inch box. The landscape plans proposed for each phase shall incorporate the fifty (50) pement mix of twenty four (24) inch box trees into the design. The provisions of Chapter 7.06 of the Development Code shall be applied to all landscaped areas with 2:1 slopes or greater. R:/Resos 2002/Resos 02-05 9 j. A note shall be placed on the conceptual landscape plans that all trees shall be double staked and automatic irrigation shall be installed for all landscaping. These provisions shall be incorporated into the construction plans. k. A note shall be added to all conceptual landscape plans that all utility service areas and enclosures shall be screened from view with landscaping. This equipment shall be identified on the construction landscape plans and shall be screened as specified on this condition. I. The plant heights at sensitive locations for traffic safety shall be subject to the approval of the Public Works Department. m. The timing for submittal and approval of the construction landscape plans shall be identified for all improvements within this condition. 27. The development of this project and all subsequent developments within this project shall be consistent with Specific Plan No. 219, as amended and Planning Application No. 92- 0013 (Development Agreement) or any subsequent amendments. 28. Double-pane window treatment shall be required for second floor elevation windows in any two-story homes constructed on the lots identified in the Acoustical Study prepared by Wilber Smith Associates dated September 22, 1992 and its supplement dated October 3, 1992 and any other supplemental reports. 29. All Pamels in Planning Areas 26 and 28 that abut a portion of Butterfield Stage Road that are designed with a Landscape Development Zone (LDZ) of less than 32 feet shall be developed with single story single family dwellings. Prior to Issuance of Occupancy Permits 30. If deemed necessary by the Director of Planning, the applicant shall provide additional landscaping to effectively screen various components of the project. 31. All required landscape planting and irrigation shall be installed consistent with the approved construction plans and shall be in a condition acceptable to the Director of Planning. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 32. Front yard and slope landscaping within individual lots shall be completed for inspection. 33. Performance securities, in amounts to be determined by the Director of Planning, to guarantee the maintenance of the plantings within private common areas for a period of one year, in accordance with the approved construction landscape and irrigation plan, shall be filed with the Community Development Department - Planning Division for one year from final certificate of occupancy. After that year, if the landscaping and irrigation system have been maintained in a condition satisfactory to the Director of Planning, the bond shall be released. 34. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. DEPARTMENT OF PUBLIC WORKS 35. 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. R:/Resos 2002/Resos 02-05 10 General Requirements 36.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. 37.All underlying Conditions of Approval for Vesting Tentative Tract Map No. 24188, Amendment No. 3 approved December 8, 1992 shall govern. If conflicting conditions of approval prevail, the most stringent shall apply. 38. 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. 39. 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. 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. Prior to Approval of the Final 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: 40. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. San Diego Regional Water Quality Control Board b. Rancho California Water District c. Eastern Municipal Water District d. Riverside County Flood Control and Water Conservation District e. City of Temecula Fire Prevention Bureau f. Planning Department g. Department of Public Works h. Riverside County Health Department i. Cable TV Franchise j. Community Services District k. Verizon I. Southern California Edison Company m. Southern California Gas Company n. Fish & Game o. Army Corps of Engineers 41. If phasing of the map for construction is proposed, legal all-weathered accesses as required by City Ordinances shall be provided from the tract map boundary to a paved City maintained road. R:/Resos 2002/Resos 02-05 11 42. The Developer shall construct the following public improvements to City of Temecula General Plan standards unless otherwise noted. Plans shall be reviewed and approved by the Department of Public Works: Improve Butterfield Stage Road (Arterial Highway Standards - 110' R/W) to include dedication of half-width street right-of-way, installation of half-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer), 14' wide raised landscaped median. The developer is eligible to a reduction in the Street System Improvements Component of the Public Facilities Development Impact Fee for residential construction as allowed in the Public Facilities Development Impact Fee Reduction Agreement (Exhibit "A") dated July 14, 1998. The raised landscape median on Butterfield Stage Road shall include 250' of left turn storage capacity with 120' of approach transition or as determined by the Director of Public Works during design, for the intersection with Street "G". ¢. Improve Meadows Parkway (Major Highway Standards - 100' R/W) to include dedication of half-width street right-of-way, installation of half-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer), 12' wide raised landscaped median. The developer is eligible to a reduction in the Street System Improvements Component of the Public Facilities Development Impact Fee for residential construction as allowed in the Public Facilities Development Impact Fee Reduction Agreement (Exhibit "A") dated July 14, 1998. d. Improve Pauba Road (Secondary Highway Standards - 88' R/W) to include dedication of half-width street right-of-way, installation of half-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). e. Improve Sunny Meadows Drive (Collector Road Standards - 66' RAN) to include dedication of half-width street right-of-way plus twelve feet, installation of half- width street improvements plus twelve feet, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). f. Improve Streets "A," "G," "N," and "V" (Entryway Standards - 70' R/W) to include dedication of full-width street right-of-way plus six feet, installation of full-width street improvements plus six feet, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). g. Improve Streets "B," "C," "D," "F," "G," "H,' "1," "J," "K," "L," "M,' "N" north of "P," "O," "P," "Q," "R,' "S,' 'q'," and "U" (Local Road Standards - 60' R/W) to include dedication of full-width street right-of-way plus twelve feet, installation of full-width street improvements plus twelve feet, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). h. All street improvement design shall provide adequate right-of-way and pavement transitions per Caltrans standards for transition to existing street sections. 43. Unless otherwise approved the following minimum criteria shall be observed in the design of the street improvement plans: R:/Resos 2002/Resos 02-05 12 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 shall be designed in accordance with City Standard Nos. 800, 801,802 and 803. Concrete sidewalks shall be constructed in accordance with City Standard Nos. 400, 401 and 402. Design of street improvements shall extend a minimum of 300 feet beyond the project boundaries to ensure adequate continuity of design with adjoining properties. Minimum centerline radii shall be in accordance with City Standard No. 113. All reverse curves shall include a 100-foot minimum tangent section. All street and driveway centerline intersections shall be at 90 degrees. All units shall be provided with zero clearance garage doors and garage door openers if the driveway is less than 18 feet in depth from back of sidewalk. 44. 45. 46. 47. j. 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. k. All concentrated drainage directed towards the public street shall be conveyed through curb outlets per City Standard No. 301,302 and/or 303. I. 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. m. All utilities, except electrical lines rated 33kv or greater, shall be installed underground A construction area Traffic Control Plan shall be designed by a registered Civil Engineer and reviewed by the Depadment of Public Works for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. Relinquish and waive right of access to and from Pauba Road, Meadows Parkway, Sunny Meadows Drive and Butterfield Stage Road on the Final Map with the exception of one (1) opening on both Meadows Parkway and Butterfield Stage Road only and two (2) openings on Sunny Meadows Drive, as delineated on the approved Tentative Tract Map. 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. R:/Resos 2002/Resos 02-05 13 48. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is part of an existing Assessment District must comply with the requirements of said section. Prior to City Council approval of the Final Map, the Developer shall make an application for reapportionment of any assessments with appropriate regulatory agency. 49. Any delinquent property taxes shall be paid. 50. An Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the Final Map to delineate identified environmental concerns and shall be recorded with the map. A copy of the ECS shall be transmitted to the Planning Department for review and approval. The following information shall be on the ECS: a. The delineation of the area within the 100-year floodplain. b. Special Study Zones. c. Geotechnical hazards identified in the project's geotechnical report. d. Archeological resources found on the site. 51. The Developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet recorded with any underlying maps related to the subject property. 52. Cul-de-sacs and knuckles shall be constructed per the appropriate City Standards and as shown on the approved Tentative Map. 53. Left turn lanes shall be provided at all intersections on Sunny Meadows Drive, Pauba Road, Butterfield Stage Road and Meadows Parkway, as directed by the Department of Public Works. 54. Traffic signal interconnection shall be designed by a registered Civil Engineer to show 2" rigid conduit with pull rope, and #5 pull boxes on 200-foot centers along the property fronting Butterfield Stage Road and Pauba Road. This design shall be shown on the street improvement plans and must be approved by the Department of Public Works. 55. Prior to designing any of the above plans (i.e., left turn lanes, traffic signal interconnection, etc.), contact the Transportation Engineering for the design requirements. 56. The Developer shall make a good faith effort to acquire the required off-site property interests, and if he or she should fail to do so, the Developer shall, prior to submittal of the Final Map for recordation, enter into an agreement to complete the improvements pursuant to the Subdivision Map Act, Section 66462 and Section 66462.5. Such agreement shall provide for payment by the Developer of all costs incurred by the City to acquire the off-site property interests required in connection with the subdivision. Security of a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the Developer, at the Developer's cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. 57. A signing and striping plan shall be designed by a registered Civil Engineer and approved by the Department of Public Works for Butterfield Stage Road, Pauba Road, Meadows Parkway and Sunny Meadows Drive and shall be included in the street improvement plans. 58. A copy of the grading and improvement plans, along with supporting hydrologic and hydraulic calculations shall be submitted to the Riverside County Flood Control and Water Conservation District for approval prior to recordation of the Final Map or the R:/Resos 2002/Resos 02-05 14 issuance of any permit. A permit from Riverside County Flood Control and Water Conservation District is required for work within their right-of-way. 59. 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. 60. 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. 61. Bus bays will be provided at all existing and future bus stops as determined by the Department of Public Works and the Riverside Transit Agency (RTA). 62. This development must enter into an agreement with the City for a "Trip Reduction Plan" in accordance with Ordinance No. 93-01. 63. Private drainage easements for cross-lot drainage shall be required and shall be delineated and noted on the final map. 64. Easements for sidewalks for public uses shall be dedicated to the City where sidewalks meander through private property. 65. Easements, when required for roadway slopes, landscape easements, drainage facilities, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted for review and recorded as directed by the Department of Public Works. On-site drainage facilities located outside of road right-of-way shall be contained within drainage easements and shown on the final map. A note shall be added to the final map stating "drainage easements shall be kept free of buildings and obstructions." 66. Pedestrian access with sidewalk shall be provided from the cul-de-sac terminus of Streets "D" and "O" to Butterfield Stage Road and between the cul-de-sac terminus of Streets "K" and "G." Prior to Issuance of Grading Permits 67. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. San Diego Regional Water Quality Control Board b. Riverside County Flood Control and Water Conservation District c. Planning Department d. Department of Public Works e. Riverside County Health Department f. Community Services District g. Verizon h. Southern California Edison Company i. Southern California Gas Company 68. 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 R:/Resos 2002/Resos 02-05 15 commencement of any grading. The plan shall incorporate adequate erosion control measures to protect the site and adjoining properties from damage due to erosion. 69. 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. 70. A Geotechnical Report shall be prepared by a registered engineer or engineering geologist and submitted to the Department of public Works with the initial grading plan check. The report shall address special study zones and identify any geotechnical hazards for the site including location of faults and potential for liquefaction. The report shall include recommendations to mitigate the impact of ground shaking and liquefaction. 71. 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. 72. The Developer must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent (NOI) has been filed or the project is shown to be exempt. 73. 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. 74. 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. 75. 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. 76. All lot drainage shall be directed to the driveway by side yard drainage swales independent of any other lot. Prior to Issuance of Building Permits 77. Final Map shall be approved and recorded. 78. 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. R:/Resos 2002/Resos 02-05 16 79. Grading of the subject property shall be in accordance with the California Building Code, the approved grading plan, the conditions of the grading permit, City Grading Standards and accepted grading construction practices. The final grading plan shall be in substantial conformance with the approved rough grading plan. 80. The Developer shall pay to the City the Public Facilities Development Impact Fee as required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.06. The developer is eligible to receive credits as allowed in the Public Facilities Development Impact Fee Reduction Agreement (Exhibit "B") dated July 14, 1998. Prior to Issuance of Certificates of Occupancy 81. The subdivider shall provide "stop" controls at the intersection of local streets with arterial streets and collector streets as directed by the Department of Public Works. 82. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance. 83. All signing and striping shall be installed per the approved signing and striping plan. 84. All traffic signals shall be installed and operational per the special provisions and the approved traffic signal plan as specified under Condition 54 but not later than issuance of occupancy for the final phase. 85. All traffic signal interconnect conduit and cable along Butterfield Stage Road from Pauba Road to the southerly tract boundary shall be installed per the approved plan at the time of street improvements. 86. 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 Buttedield Stage Road at Street "G." A traffic signal shall be installed prior to issuance of the 150th occupancy, unless additional traffic studies support delaying the installation or whenever Street "G" is constructed to Butterfield Stage Road, whichever comes first. The developer is eligible to receive reimbursement for the Traffic Signals and Traffic Control Systems for the actual cost for the design and installation as allowed in the Public Facilities Development Impact Fee Reduction Agreement (Exhibit "B") dated July 14, 1998. 87. 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 Pauba Road and Meadows Parkway. A traffic signal shall be installed prior to issuance of the 100th occupancy, unless the Department of Public Works approves delaying the installation. The Developer is eligible to reimbursement for the Traffic Signals and Traffic Control Systems for the actual cost for the design and installation as allowed in the Public Facilities Development Impact Fee Reduction Agreement (Exhibit "B") dated July 14, 1998. 88. 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 Pauba Road and Butterfield Stage Road. A traffic signal shall be installed prior to issuance of the 150th occupancy, unless the Department of Public Works approves delaying the installation. The Developer is eligible to receive reimbursement for the Traffic Signals and Traffic Control Systems for the actual cost for the design and installation as allowed in the Public Facilities Development Impact Fee Reduction Agreement (Exhibit "B") dated July 14, 1998. R:/Resos 2002/Resos 02-05 17 89. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. Rancho California Water District b. Eastern Municipal Water District c. Department of Public Works 90. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by the Department of Public Works. 91. All improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of Public Works. 92. 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. COMMUNITY SERVICES DEPARTMENT General Conditions 93. If any of the following conditions of approval differ from the text of the Specific Plan or exhibits, the conditions enumerated herein shall take precedent. 94. All park and landscape plans submitted for consideration for TSCD maintenance shall be in conformance with the City of Temecula Landscape and Irrigation Specifications and Installation Details and the Park Land and Landscape Dedication Process. 95. Construction of the 5-acre public park site (Lot No. 295) and the median landscaping shall commence pursuant to a pre-construction meeting with the developer and the TCSD Maintenance Superintendent. Failure to comply with the TCSD review and inspection process may preclude acceptance to these areas into the TCSD maintenance programs. 96. The developer, the developer's successor or assignee, shall be responsible for all maintenance of the park site and the landscaped medians until such time as those responsibilities are accepted by the TCSD. 97. The park site (Lot No. 295) shall be improved and dedicated to the City free and clear of any liens, assessment fees, or easements that would preclude the City from utilizing the property for public purposes. A policy of title insurance for the amount of the improvements and a soils assessment report shall also be provided with the conveyance of the property. 98. Class II bike lanes shall be constructed in concurrence with street improvements along Butterfield Stage Road and Meadows Parkway. The multi-use trail along Pauba Road shall also be constructed in concurrence with the street improvements. 99. All perimeter walls, fences, entry monumentation, signage, parkway landscaping, pedestrian portals, trails, private recreational areas and open space shall be maintained by the Homeowner's Association (HOA), private maintenance association or the property owner. R:/Resos 2002/Resos 02-05 18 100. The developer shall contact the City's franchised solid waste hauler for disposal of construction debris. Only the City's franchisee may haul construction debris. Prior to Final Mai3 101. Construction drawings for the park site (Lot No. 295) and the landscaped medians proposed for dedication to the City shall be reviewed and approved by the Director of Community Services. 102. The Developer shall post security and enter into an agreement to improve the park site (Lot No. 295) and the landscaped medians. Prior to Issuance of Buildinq Permits 103. Prior to the installation of street lights or the issuance of building permits, whichever comes first, the developer shall file an application and pay the appropriate fees to the TCSD for the dedication of arterial and residential street lighting into the appropriate TCSD maintenance program. 104. The 5-acre park site (Lot No. 295) shall be improved, including the completion of the 90- day maintenance period and the conveyance accepted by the City Council prior to the issuance of the first building permit in Trac~ 24188, excluding the 67 dwelling units in Tract 24188-1 and excluding models. 105. The private recreation center (Lot No. 294) shall be completed prior to the issuance of the 200th building permit in Tract 24188, excluding the 67 dwelling units in Tracts 24188- 1. Prior to Issuance of Certificates of Occui3ancv 106. It shall be the developer's responsibility to provide written disclosure of the existence of the Temecula Community Services District and its service level rates and charges to all prospective pumhasers. This disclosure shall be in the format acceptable to the City and filed with the TCSD. 107. Prior to issuance of any certificates of occupancy within each phase, the developer shall submit, in a format as directed by TCSD staff, the most current list of Assessor's Parcel Numbers assigned to the final project. 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 R:/Resos 2002/Resos 02-05 19