HomeMy WebLinkAbout95-051 CC ResolutionRESOLUTION NO. 95-51
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO. 95-0004
(TENTATIVE TRACT MAP NO. 28011) TO SUBDIVIDE 154.1 ACRES
INTO EIGHT (8) PARCELS ON PROPERTY GENERALLY LOCATED
WEST OF PUJOL STREET, EAST OF THE CITY'S WESTERN BORDER
SOUTH OF RIDGE PARK DRIVE, AND KNOWN AS ASSESSOR'S
PARCEL NUMBERS 940-310-013, 940-320-001, 940-320-002, 940-320-003,
940-320-004, 940-320-005, 940-320-006 AND 940-320-007
WHEREAS, Hancock Development Company filed Planning Application No. 95-0004
(Tentative Tract Map No. 28011) in accordance with the City of Temecula General Plan and
Riverside County Land Use and Subdivision Ordinances, which the City has adopted by
reference;
WHEREAS, Planning Application No. 95-0004 (Tentative Tract Map No. 28011) was
processed in the time and manner prescribed by State and local law;
WHEREAS, the Planning Commission considered Planning Application No. 95-0004
(Tentative Tract Map No. 28011) on May 15, 1995, at a duly noticed public hearing as
prescribed by law, at which time interested persons had an opportunity to testify either in
support or in opposition;
WHEREAS, the Planning Commission continued Planning Application No. 95-0004 at
their May 15, 1995 meeting to June 5, 1995;
WHEREAS, at the public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons deserving to be heard, said Commission considered all facts
relating to Planning Application No. 95-0004 (Tentative Tract Map No. 28011) and
recommended approval to the City Council;
WHEREAS, the City Council considered Planning Application No. 95-0004 (Tentative
Tract Map No. 28011) on June 13, 1995, at a duly noticed public hearing as prescribed by law,
at which time interested persons had an opportunity to testify either in support or in opposition;
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.
Section 2. Findings. That the Temecula City Council hereby makes the following
findings:
Resos\95-51 I
1. The proposed land division and the design or improvement of the proposed land
division is consistent with applicable general and specific plans. The subdivision is consistent
with the City's General Plan and the proposed Westside Specific Plan (Planning Application No.
95-0004).
2. The site of the proposed land division is physically suitable for the type of
development and the design of the proposed land division is not likely to cause serious health
problems. The project as conditioned is consistent with the City's General Plan, the State
Subdivision Map Act, Ordinance No. 460, and the proposed Westside Specific Plan (Planning
Application No. 95-0003); thereby, it is assured to be suitable for the type of development and
not cause serious health problems.
3. 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. The Final Environmental Impact for this project has been certified and any
impacts that were identified in the FEIR will be mitigated to a level less than significant.
4. 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.
Re
As conditioned pursuant to Section 4, Planning Application No. 95-0004,
as proposed, conforms to the logical development of its proposed site, and is
compatible with the health, safety and welfare of the community.
Section 3. Environmental Compliance. The City of Temecula City Council hereby
certifies FEIR Planning Application No. 95-0031, adopts Findings of Fact and Statements of
Overriding Consideration and approves of the Mitigation Monitoring Program for the Old Town
Entertainment Project which includes the Westside Specific Plan and subsequent development
proposals (including Planning Application No. 95-004 - Tentative Tract Map No. 28011) within
the area.
Section 4. Conditions. That the City of Temecula City Council approves Planning
Application No. 95-0004 to subdivide 154.1 acres into eight (8) parcels generally located west
of Pujol Street, east of the City of Temecula' Western border, south of Ridge Park Drive and
known as Assessor's Parcel Numbers 940-310-013, 940-320-001,940-320-002, 940-320-003,
940-320-004, 940-320-005, 940-320-006 and 940-320-007, subject to the following conditions:
A. Exhibit A, attached hereto, and incorporated herein by this reference and made
a part hereof.
Re,os\95-51 2
Section 5. PASSED, APPROVED AND ADOPTED this 13th day of June, 1995.
ATTEST:
Jun~ S¢ ~reek, CMC, ~i~y~lerk
[SERE]
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) SS
CITY OF TEMECULA)
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City
Council of the City of Temecula at a regular meeting thereof, held on the 13th day of June,
1995 by the following vote of the Council:
AYES: 4 COUNCILMEMBERS: Lindemans, Mufioz, Parks, Roberts
NOES: 0 C OUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAINED: 1 COUNCILMEMBERS: Stone
Jun~r~r~k, CMC, Cit~lerk
Resos\95-51 3
CITY OF TEMECULA
CONDITIONS OF APPROVAL
Planning Application No. 95-0004 - Tentative Tract Map No. 28011
Project Description: A subdivision of 154.1 acres into nine (9) eight (8) parcels
Assessor's Parcel Numbers: 940-310-013, 940-320-001, 940-320-002, 940-320-003,
940-320-004, 940-320-005, 940-320-006 and 940-320-007
Approval Date: June 13, 1995
Expiration Date: June 13, 1997
PLANNING DEPARTMENT
Within Forty-Eight (48) Hours of the Approval of this Project
The applicant/developer shall deliver to the Planning Department 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, in compliance with AB 3158, 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 required under Public Resources Code Section 21152
and California Code of Regulations Section 15094. If within said forty-eight (48) hour
period the applicant/developer has not delivered to the Planning Department the check
as 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).
General Requirements
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.
The developer/applicant shall indemnify, protect, defend, 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 (Planning Application
No. 95-0004 (Tentative Tract Map No. 28011) which action is brought within the
appropriate statute of limitations period and Public Resources Code, Division 13, Chapter
4 (Section 21000 et seq., including but not by the way of limitations Section 21152 and
R¢sos\95-51 4
21167). City shall promptly notify the developer/applicant of any claim, action, or
proceeding brought within this time period. City shall further cooperate fully in the
defense of the action. Should the City fail to either promptly notify or cooperate fully,
developer/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. Developer shall be entitled to select Counsel, reasonably
acceptable to City, to conduct such defense which Counsel shah be authorized to
represent City and Developer. City shah not reject any reasonable settlement,
including, without limitation, not proceeding with the project. If City does reject
a settlement reasonably acceptable to Developer, City may continue to defend at its
cost (Added at City Council hearing on June 13, 1995).
If Subdivision phasing is proposed, a phasing plan shall be submitted to and approved
by the Planning Director.
This project and all subsequent projects within this site shall be consistent with Planning
Application No. 95-0003 (Westside Specific Plan).
The project and all subsequent projects within this site shall be subject to Development
Agreement No. DV95-0001.
The project and all subsequent projects within this site shall comply with all mitigation
measures identified within Planning Application No. 95-0031 (Old Town Redevelopment
Project Environmental Impact Report).
Prior to 30 days from the second reading of the Ordinance Amending the Zoning
Map of the City of Temecula, a preliminary grading plan shah be submitted to the
Planning Department for approvedal by the Planning Commission (Added at the
Planning Commission hearing on June 5, 1995), (added at the City Council Hearing
on June 13, 1995).
The applicant shah provide a pedestrian linkage from the Westside Specific Plan to
the Old Town Entertainment Project area. This linkage shah be consistent with the
streetscape designs in the Old Town Specific Plan and will address such items as
lighting, landscaping and possible security and sound walls to mitigate impacts to
surrounding residential uses. This linkage plan shah be submitted with the first
development plan (Added at the Planning Commition hearing on June 5, 1995).
Prior to Issuance of Grading Permits
10.
A copy of the Rough Grading plans shall be submitted and approved by the Planning
Director.
11.
The applicant shall comply with Ordinance No. 663 by paying the fee required by that
ordinance which is based on (the gross acreage of the parcels proposed for development).
Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation
Plan prior to the payment of the fees required by Ordinance No. 663, the applicant shall
Resos\95-51 5
pay the fee required under the Habitat Conservation Plan as implemented by County
ordinance or resolution.
12.
13.
14.
15.
Slope grading techniques on the slope facing Pujol Street shall aim to blend with the
existing nature of the topography. Grading techniques shall emphasize slope contouring
including contour undulation and variable slopes. In addition, tops and toes of slopes
shall be rounded. Hard edges and angles are to be avoided. Slopes shall be designed
to smoothly blend with remaining existing topography.
An earth berm or sound attenuation wall and landscaping be installed on the ridge above
the houses on Pujol Street to minimize noise levels at the nearest residences.
Grading on the slope edge facing Pujol Street shall be revegetated or landscaped
immediately upon completion of grading activities, concurrent with project development.
Landscaping shall be natural in appearance and linear arrangements of landscaping are
to be avoided.
The applicant shall demonstrate by submittal of a written report that all mitigation
measures identified in the Mitigation Monitoring Program have been satisfied for this
stage of the development.
Prior to Recordation of the Final Map
16. The following shall be submitted to and approved by the Planning Director:
Ae
A copy of the Final Map
A copy of the Rough Grading Plans
A copy of the Environmental Constraint Sheet (ECS) with the following notes:
(1)
(2)
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.
Planning Application No. 95-0031 (Old Town Redevelopment Project
Environmental Impact Report) was prepared for this project and is on file
at the City of Temecula Planning Department.
A copy of the Covenants, Conditions, and Restrictions (CC&R's)
(1)
CC&R's shall be reviewed and approved by the Planning Director. The
CC&R's shall include liability insurance and methods of maintaining open
space, recreation areas, parking areas, private roads, exterior of all
buildings and all landscaped and open areas including parkways.
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(2)
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 for provisions required as Conditions of
Approval. The developer shall submit evidence of compliance with this
requirement to, and receive approval of, the city prior to making any such
sale. This condition shall not apply to land dedicated to the City for
public purposes.
(3)
Every owner of a dwelling unit or lot shall own as an appurtenance to
such dwelling unit or lot, either (1) an undivided interest in the common
areas and facilities, or (2) a share in the corporation, or voting
membership in an association owning the common areas and facilities.
(4)
Ownership of domestic dogs and cats for residential development within
Areas C and D (Deleted at the Planning Commition hearing on June
5, 1995) of the Westside Specific Plan shall be restricted. The restriction
shall apply to all domestic dogs and cats and shall allow ownership of
such animals only when they can be fully managed within the individual
residence.
Prior to Issuance of Building Permits
17. The following shall be submitted to and approved by the Planning Director:
Construction landscape plans consistent with City standards including automatic
irrigation for all landscaped areas and complete screening of all ground mounted
equipment from the view of the public from streets and adjacent property for:
(1) Front yards and slopes prior to issuance of building permits for any lot(s)
(2) Private common areas
(3) Wall and fence plans
Precise grading plans consistent with the approved rough grading plans including
all structural setback measurements.
R¢~oa\95-51 7
18.
19.
20.
C. The Model Home Complex Plot Plan (if applicable for Parcels 7 & 8) which
includes the following:
(1) Site Plan with off-street parking
(2) Construction Landscape Plans
(3) Fencing Plans
(4) Building Elevations
(5) Floor Plans
(6) Materials and Colors Board
Roof-mounted mechanical equipment shall not be permitted within Parcels 7, 8 and 9 of
the subdivision, however solar equipment or any other energy saving devices shall be
permitted with Planning Director approval.
Residential uses adjacent to the Western Bypass Road that place residences within the 65
dB CNELa~ noise contour to install sound attenuation barriers or walls sufficient to
reduce noise to a level below this significance threshold.
The applicant shall demonstrate by a written report that all mitigation measures identified
in the Mitigation Monitoring Program have been satisfied for this stage of the
development.
Prior to Issuance of Occupancy Permits
21.
22.
23.
24.
25.
Front yard and slope landscaping shall be completed for inspection (Parcels 7 & 8).
Private common area landscaping shall be completed for inspection (Parcels 7 & 8).
The applicant shall sign an agreement and/or post a bond with the City to insure the
maintenance of all landscaping within private common areas for a period of one year.
Berming and landscaping shall be employed to conceal and soften visual impacts of
parking areas.
The applicant shall demonstrate by a written report that all mitigation measures identified
in the Mitigation Monitoring Program have been satisfied for this stage of the
development.
PUBLIC WORKS DEPARTMENT
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
Re~os\95-51 8
meaning of the conditions shall be referred to the appropriate staff person of the Department of
Public Works.
General Requirements
26. 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.
27. A Grading Permit for either rough or precise (including all on-site fiat work and
improvements) 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.
28. 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.
29. All improvement plans, grading plans, landscape and irrigation plans shall be coordinated
for consistency with adjacent projects and existing improvements contiguous to the site.
30. 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.
31. All plans shall be submitted on standard 24" x 36" City of Temecula mylars.
Prior to the Issuance of Grading Permits
32. Tract Map No. 28011 shall be recorded prior to the issuance of any permits.
33. 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 and the Department of Public Works for approval prior to
recordation of the final map or the issuance of any permit.
34. A Grading Plan shall be prepared by a registered Civil Engineer and shall be reviewed
and approved by the Department of Public Works.
35. The Developer shall comply with all constraints which may be shown upon an
Environmental Constraint Sheet (ECS) recorded with any underlying maps related to the
subject property.
36. 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.
Resos\95-51 9
37.
38.
39.
40.
41.
42.
43.
44.
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
Caltrans
Community Services District
General Telephone
Southern California Edison Company
Southern California Gas Company
A Soils Report shall be prepared by a registered 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 pavement sections.
A Geological Report shall be prepared by a qualified engineer or geologist and submitted
to the Department of Public Works with the initial grading plan check. The report shall
address special study zones and the geological conditions of the site, and shall provide
recommendations to mitigate the impact of ground shaking and liquefaction.
An Erosion Control Plan shall be prepared by a registered Civil Engineer and submitted
to the Department of Public Works for review and approval.
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 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.
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 Riverside County Flood Control and Water Conservation District prior to
issuance of any permit. If the full Area Drainage Plan fee or mitigation charge has
already been credited to this property, no new charge needs to be paid.
The Developer shall obtain any necessary letters of approval or easements for any off-site
work performed on adjacent properties as directed by the Department of Public Works
at no cost to any agency.
Resos\95-51 10
45.
46.
47.
A Drainage Study shall be submitted to the Department of Public Works for review and
approval. The drainage study shall include, but not be limited to, the following criteria:
a. Drainage and flood protection facilities which will protect all structures by
diverting site ranoff to streets or approved storm drain facilities as directed by the
Department of Public Works.
b. Adequate provision shall be made for the acceptance and disposal of surface
drainage entering the property from adjacent areas.
c. The impact of the site to any flood zone as shown on the FEMA flood hazard
map and any necessary protection mitigation measures.
d. Identify and mitigate impacts of grading to any adjacent floodway.
The following criteria shall be observed in the design of the precise grading plans to be
submitted to the Department of Public Works:
a. Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over
A.C. paving.
b. Driveways shall conform to the applicable City Standard Nos. 207, 207A, 208,
and 401 (curb and sidewalk).
c. Street lights shall be installed along the public streets adjoining the site in
accordance with Ordinance No. 461 and shall be shown on the improvement plans
as directed by the Department of Public Works.
d. Concrete sidewalks shall be constructed along public street frontages in
accordance with City Standard Nos. 400 and 401.
e. All street and driveway centerline intersections shall be at 90 degrees or as
approved by the Department of Public Works.
f. Landscaping shall be limited in the comer cut-off area of all intersections and
adjacent to driveways to provide for minimum sight distance and visibility.
g. All concentrated drainage directed towards the public street shall be conveyed
through under-sidewalk drains.
Private roads MUST be designed, reviewed, and approved by the Department of Public
Works to meet City Public Road Standards or otherwise approved by the Department of
Public Works. This should include but may not be limited to:
a. Minimum paved road widths of 32 feet within adequate right-of-ways or
easements (shown on typical section).
R¢sos\95-51 11
__ b. Knuckles being required at 90° 'bends' in the road.
48.
49.
50.
51.
52.
Separation between on-site intersections shall meet current City Standards (200-ft.
minimum).
d. Cul-de-sac geometries shall meet current City Standards.
Minimum safe horizontal centerline radii shall be required (all centerline radii
should be identified on the site plan).
f. 90° parking immediately adjacent to the private streets shall be located a
minimum safe distance from intersections.
Identify whether gates will be proposed at entrances to project. If so,
configuration, stacking distance, and turn-around ability will need to be reviewed
and approved by the Fire Department and the Department of Public Works.
h. All intersections shall be perpendicular (90°).
All driveways providing access to two or more buildings shall be designed as a
cul-de-sac or a loop road.
Concentrated on-site runoff shall be conveyed in concrete ribbon gutters or underground
storm drain facilities to an adequate outlet as determined by the Department of Public
Works.
The Developer shall accept and properly dispose of all off-site drainage flowing onto or
through the site. In the event the Department of Public Works permits the use of streets
for drainage purposes, the provisions of Section XI of Ordinance No. 460 will apply.
Should the quantities exceed the street capacity, or use of streets be prohibited for
drainage purposes, the Developer shall provide adequate facilities as approved by the
Department of Public Works.
The Developer 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.
Letter of Approval or 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 drainage easement shall be submitted to the Department of Public Works
for review prior to recordation. The location of the recorded easement shall be
delineated on the grading plan.
An Encroachment Permit shall be required from Caltrans for any work within their right-
of-way.
Resos\95-51 12
53.
The adequacy of the capacity of existing downstream drainage facilities shall be verified.
Any upgrading or upsizing of those facilities, as required, shall be provided as part of
development of this project.
Prior to the/ssuance of Encroachment Permits
54.
Improvement plans, including but not limited to, streets, parkway trees, street lights,
driveways, drive aisles, parking lot lighting, drainage facilities and paving shall be
prepared by a Registered Civil Engineer on 24" x 36" City of Temecula mylars and
approved by the Department of Public Works. Final plans (and profiles on streets) shall
show the location of existing utility facilities and easements as directed by the
Department of Public Works.
55.
The following criteria shall be observed in the design of the improvement plans to be
submitted to the Department of Public Works:
Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over
A.C. paving.
bo
Driveways shall conform to the applicable City Standard Nos. 207, 207A, 208,
and 401 (curb and sidewalk).
Co
Street lights shall be installed along the public streets adjoining the site in
accordance with Ordinance No. 461 and shall be shown on the improvement plans
as directed by the Department of Public Works.
d. Concrete sidewalks shall be constructed along public street frontages in
accordance with City Standard Nos. 400 and 401.
All street and driveway centerline intersections shall be at 90 degrees or as
approved by the Department of Public Works.
f.
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.
go
All concentrated drainage directed towards the public street shall be conveyed
through under-sidewalk drains.
56.
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.
57. All utilities, except electrical lines rated 33kv or greater, shall be installed underground.
58.
All conditions of the grading permit and encroachment permit shall be complied with to
the satisfaction of the Public Works Department.
Reaoa\95-51 13
59.
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.
Prior to the Recordation of Final Map
60.
The Developer shall pay off any remaining assessment balance(s) or reapportion the
remaining assessment(s) for any Financing District including the property based on the
proposed subdivision.
61. Any delinquent property taxes shall be paid.
62.
The Developer shall construct or post security and enter into an agreement guaranteeing
the construction of the following public/private improvements within 18 months in
conformance with applicable City Standards and subject to approval by the Department
of Public Works.
Street improvements, which may include, but are not limited to: pavement, curb
and gutter, sidewalks, drive approaches, street lights, signing, truffle signals and
other traffic control devices as appropriate.
b. Storm drain facilities.
c. Landscaping (slopes and parkways).
d. Erosion control and slope protection.
e. Sewer and domestic water systems.
f. Undergrounding of proposed utility distribution lines.
63.
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 Bureau
Planning Department
Department of Public Works
Riverside County Health Department
Cable TV Franchise
Caltrans
Community Services District
General Telephone
Southern California Edison Company
Resos\95-51 14
65.
66.
67.
68.
69.
70.
71.
Southern California Gas Company
Fish & Game
Army Corps of Engineers
Legal all-weather access as required by Ordinance no. 460 shall be provided from the
map boundary to a paved City-maintained road.
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.
Vehicular access shall be restricted on Vincent Moraga Drive, Western Bypass Corridor,
and First Street and so noted on the final map. Specific access locations shall be
determined upon submittal of subsequent development applications as approved by the
Department of Public Works prior to recordation of the final map.
The Developer shall provide bus bays and shelters within the Specific Plan. Location
and number of bus bays shall be subject to approval of the City and Riverside
Transportation Agency (RTA). If required additional rights-of-way dedications associated
with bus bays shall be provided by the Developer.
A 32 foot easement shall be dedicated for public utilities and emergency vehicle access
for all private streets and drives.
Comer property line cut off shall be required per Riverside County Standard No. 805.
Private drainage easements for cross-lot drainage shall be required and shall be delineated
and noted on the final map.
Easements for sidewalks for public uses shall be dedicated to the City where sidewalks
meander through private property.
72.
73.
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. ~
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. Special Study Zones information shall be on the
ECS.
Resos\95-51 15
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.
75.
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.
76.
A declaration of Covenants, Conditions and Restrictions (CC&R's) shall be prepared by
the Developer and submitted to the Director of Planning, City Engineer, and City
attorney. The CC&R's shall be signed and acknowledged by all parties having any
record title interest in the property to be developed, shall make the City a party thereto,
and shall be enforceable by the City. The CC&R's shall be reviewed and approved by
the City and recorded. The CC&R's shall be submitted to the following Engineering
conditions:
a. The CC&R's shall be prepared at the Developer's sole cost and expense.
The CC&R's shall be in the form and content approved by the Director of
Planning, City Engineer, and the City Attorney, and shall include such provisions
as are required by this approval and as said officials deem necessary to protect
the interest of the City and its residents.
The CC&R's and Articles of Incorporation of the Property Owner's Association
are subject to the approval of Planning, Department of Public Works, and the
City Attorney. They shall be recorded concurrent with the final map. A
recorded copy shall be provided to the City.
The CC&R's shall provide for the effective establishment, operation,
management, use, repair and maintenance of all common areas, drainage and
related facilities.
eo
The CC&R's shall provide that the property shall be developed, operated and
maintained so as not to create a public nuisance.
The CC&R's shall provide that if the property is not maintained in the condition
required by the CC&R's, then the City, after making due demand and giving
reasonable notice, may enter the property and perform, at the Owner's sole
expense, any maintenance required thereon by the CC&R's or the City
ordinances. The property shall be subject to a lien in favor of the City to secure
any such expense not promptly reimbursed.
All parkways, open areas, on-site slopes and landscaping shall be
permanently maintained by the association or other means acceptable to
the City. Such proof of this maintenance shall be submitted to Planning
and the Department of Public Works prior to issuance of building permits.
Reaos\95-51 16
ii.
Reciprocal access easements and maintenance agreements ensuring access
to all parcels and joint maintenance of all roads, drives or parking areas
shall be provided by CC&R's or by deeds and shall be recorded
concurrent with the map, or prior to the issuance of building permit where
no map is involved.
77.
The Developer shall record a written offer to participate in, and waive all rights to object
to the formation of an Assessment District, a Community Facilities District, or a Bridge
and Major Thoroughfare Fee District for the construction of the proposed "Western
bypass Corridor and Vincent Moraga Drive" in accordance with the Mitigation
Monitoring Program. The form of the offer shall be subject to the approval of the City
Engineer and City Attorney.
Prior to the Issuance of Building Permits
78.
This development must enter into an agreement with the City for a "Trip Reduction Plan"
in accordance with Ordinance No. 93-01.
79.
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.
80.
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.
81.
The 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 the Developer requests its building permit 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 the Developer. Concurrently, with executing this
Agreement, the Developer shall post a bond to secure payment of the Public Facility fee.
The amount of the bond shall be $2.00 per square foot, not to exceed $10,000. The
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, the 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 the Developer is not waiving its right to protest the
reasonableness of any traffic impact fee, and the amount thereof.
Resos\95-51 17
Prior to the Issuance of Certificates Occupancy
82.
In the event that an Assessment District is not formed for the construction of the Western
Bypass Corridor and Vincent Moraga Drive, half-width plus one 18-foot lane off site
street improvements shall be constructed within dedicated rights-of-way as directed by
the Department of Public Works. Signalization, acceleration/deceleration lanes and
additional intersection improvements shall also be provided as directed by the Department
of Public Works. Bonds may be posted in lieu of construction.
83.
In compliance with the Site Traffic Impact Analysis of the Old Town Redevelopment
Project - Phase I, as prepared by Barton-Aschman Associates, Inc., dated October 28,
1994, the following infrastructure improvements shall be completed prior to issuance of
any occupancy:
Page 40 of the study states that "at the Rancho California Road/Interstate 15 (I-
15) north ramps, on the westbound intersection approach, widen and/or restripe
Rancho California Road to provide one through lane aligned with the (eventual)
separate left turn lane at the 1-15 south on-ramp, one through lane, one optional
through/right turn lane, and one right turn lane. In order to accommodate two
lanes of right turning traffic onto the 1-15 north on-ramp, widening and/or
restriping may be required just north of Rancho California Road; these two lanes
should merge into one lane, however, prior to intersecting the mainline of 1-15
north". Similar widening and/or restriping shall be provided on the
eastbound intersection approach at the Rancho California Road/Interstate 15
south ramp (Added at the Planning Commition hearing on June 5, 1995).
Page 19 of the study states that "at the State Route 79 south (SR79s)/I-15
interchange, the 1-15 north ramp and south ramp intersections with SR79s will be
signalized, (and widened to provide additional through and turn lanes)". The
feasibility of ultimate southbound loop improvements and connection with
Western Bypass Corridor and acquisition/reimbursement agreement for work
in excess of project impact shall be explored. The ramp improvements are
currently identified in the Engineer's Report for Assessment District 159 and
scheduled to begin construction by the end of 1995. (Added at the Planning
Commission hearing on June 5, 1995).
Page 43 of the study states that "the Western Bypass Corridor (88 feet full width
right-of-way) shall be constructed from the 1-15/SR79s interchange to intersect
the (proposed) southerly extension of Vincent Moraga Drive (including the bridge
crossing over Murrieta Creek, median and parkway improvements, sidewalks,
and street lights). Between the 1-15/SR79s interchange and the new bridge over
Muraleta Creek, a four lane, divided cross section shall be constructed, thereby
providing two through lanes per direction plus a separate left turn lane at major
intersections. West of Murrieta Creek to Vincent Moraga Drive, the street section
may be reduced to a two lane, divided cross, thereby providing one through lane
per direction plus a two way left turn lane and/or a separate left turn lane at
major intersections".
Resos\95-51 18
Page 43 of the study states that "Vincent Moraga Drive (78 feet full width right-
of-way) shall be extended south of its current intersection (existing terminus) with
Ridge Park Drive to intersect the Western Bypass (refer to the above item). A
two lane, divided cross section shall be constructed, thereby providing one
through lane per direction plus a two way left turn lane/or a separate left turn
lane at major intersections (including parkway improvements and sidewalks)".
The existing segment of Vincent Moraga Drive to Rancho California Road shall
be restriped to accommodate this same street section.
Page 43 of the study states that "In relation to the above item, Ridge Park Drive
shall form (be reconstructed to form) a "T" intersection with Vincent Moraga
Drive".
Page 43 of the study indicates that "the Front Street/Santiago Road/First Street
intersection shall be redesigned to provide a four legged intersection via the
removal of the existing First Street east leg of this intersection. The existing First
Street east leg shall be "relocated" and shall operate as a "T" intersection with
Front Street between Santiago Road and Second Street".
Page 43 of the study states that "Front Street (78 feet full width right-of-way)
from the Front Street/Santiago Road/First Street intersection shall be extended
west to intersect the Western Bypass Corridor. A four lane, undivided, cross
section, thereby providing two through lanes per direction (including a bridge
crossing over Murrieta Creek, sidewalk and parkway improvements, and street
lights); however, at major intersections, a separate left turn lane shall also be
provided".
Page 43 of the study states that "a traffic signal warrant analysis (utilizing criteria
established by the State of California Department of Transportation) indicates the
Front Street/Western Bypass Corridor intersection shall be signalized. It is
recommended, therefore, that traffic volumes be monitored at this location to
determine the precise scheduling of this installation. Moreover, when constructed
this traffic signal shall be interconnected with the two traffic signals proposed at
the I- 15/SR79s interchange".
Page 44 of the study states that "(once the First Street bridge is operational) the
existing Main Street bridge over Murrieta Creek may be restricted to pedestrian
and local transit circulation".
Traffic signals shall be installed at the intersection of Vincent Moraga Drive
and Rancho California Road. Interconnection shall be provided from this
intersection through the signalized intersection of Diaz and Rancho California
Roads to the intersection of Front Street and Rancho California Road (Added
at the Planning Comml.qsion hearing on June 5, 1995).
Resos\95-51 19
84.
Sufficient parking and a local transit system shall be provided pursuant to the attached
alternative scenarios to satisfy the parking demands of the project in compliance with the
Old Town Redevelopment Project Parking Study, prepared by Robert Kahn, John Kain
& Associates, Inc., dated February 20, 1995.
85.
Certain project related parking and circulation improvements will be implemented with
the future development of Westside Specific Plan as identified in the Old Town
Redevelopment Project Parking Study, prepared by Robert Khan, John Kain &
Associates, Inc., dated February 20, 1995, the Congestion Management Program (CMP)
Traffic Impact Analysis of the Old Town Redevelopment Project, prepared by Barton-
Aschman Associates, Inc., dated October 28, 1994, and the General Plan Build Out
Traffic Impact Study of the Old Town Redevelopment Project, prepared by Wilbur Smith
Associates, dated March 1995. Pursuant to submittal of subsequent development
applications associated with the Westside Specific Plan, ensuing traffic reports, parking
studies, and public facilities' analyses determining respective project specific and
cumulative impacts identifying implementation responsibilities and the timing of
necessary improvements shall be provided. These studies shall be subject to review and
the individual project shall be conditioned accordingly and required right-of-way be
reserved as decmed neecssary by thc Dcpartmcnt of Public Works (Deleted at the
Planning Commlnsion hearing on June 5, 1995).
The mitigations options to bc considcrcd (Deleted at the Planning Commition hearing
on June 5, 1995) are as follows:
Page 35 of the CMP analysis specifies the Extension of Pujol Street southerly to
intersect Western Bypass Corridor.
Page 35 of the CMP analysis specifies improvements to the 1-15/Rancho
California Road interchange. The improvements may include "a "loop" on ramp
accommodating eastbound to northbound movements".
Page 4 of the General Plan Build Out traffic analysis recommends "widening of
the Rancho California Road bridge (on the south side) to accommodate an
additional eastbound through lane".
Page 5 of the General Plan Build Out traffic analysis recommends "construction
of a southbound loop on ramp in the northwest quadrant of the 1-15/Rancho
California Road interchange".
Page 5 of the General Plan Build Out traffic analysis recommends "construction
of a new southbound off ramp at Santiago Road" (as an alternative).
Page 5 of the General Plan Build Out traffic analysis recommends improvements
to the 1-15/SR79s interchange. The improvements may include widening SR79s
to accommodate additional vehicular turning movements and/or an southbound
loop off ramp in the southwest quadrant of the interchange.
Re,os\95-51 20
86.
87.
88.
89.
90.
91.
92.
93.
Page 35 of the CMP analysis states that "a realignment of Diaz Road north of
Rancho California Road and the realignment of Pujol Street/Felix Valdez Street
to make Diaz Road/Felix Valdez Street/Pujol Street a continuous north-south
route may be implemented". Alternatively, a realignment of Diaz Road north of
Rancho California Road to align with Vincent Moraga Drive shall be studied.
Page 35 of the CMP analysis states that "Sixth Street may be extended westerly
to intersect Pujol Street. This would require a bridge crossing over Murrieta
Creek".
Provision of adequately sized parking lots in compliance with the Old Town
Specific Plan at locations specified in the Old Town Redevelopment Project
Parking Study to satisfy the parking demands.
Page 35 of the CMP analysis states that "some form of people-mover system
(local transit system) shall be provided along Main Street between Front Street
(on the east) and the Arena (on the west). This could include a theme related
shuttle system, funicular transit system, horse-drawn carts, or an actual pedestrian
people-mover. In addition, as necessary, provision of some sort of shuttle system
during periods of peak activity to transport patrons to/from parking facilities
potentially located on the periphery of the project site".
All improvements shall be completed and in place per the approved plans in compliance
with the site traffic impact analyses, including but not limited to, curb and gutter, A.C.
pavement, sidewalk, drive approaches, drainage facilities, parkway trees and street lights
on all interior public streets.
All signing and striping shall be installed per the approved signing and striping plan.
All traffic signals shall be installed and operational per the special provisions and the
approved traffic signal plan.
All traffic signal interconnection shall be installed per the approved plan.
The Developer shall provide "stop" controls at the intersection of local streets with
arterial streets as directed by the Department of Public Works.
Landscaping shall be limited in the comer cut-off area of all intersection and adjacent to
driveways to provide for minimum sight distance as directed by the Department of Public
Works.
All drainage facilities shall be installed as required by the Department of Public Works.
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 Department of Public Works.
R¢sos\95-51 21
94.
All necessary certifications and clearances from engineers, utility companies and public
agencies shall be submitted as required by the Department of Public Works.
COMMUNITY SERVICES DEPARTMENT
General Requirements
95.
Class II Bike Lanes shall be identified on the street improvement plans and constructed
in conformance with City standards. Where indicated, Class II Bike Lanes shall have
a minimum width of 11' to allow for on street parking.
96.
All slopes and landscaping shall be improved in accordance with the City of Temecula
Landscape Development Plan Guidelines.
97.
All slopes and landscaping adjacent to commercial and multi-family residential
development shall be maintained by the property owner or a private property owners'
association.
98.
The slopes and open space area within Parcel No. 9 shall be maintained by the
developer, the City, or other agency approved by the City.
Prior to the Recordation of Final Map(s)
99.
Prior to recordation of the final map, or respective phased map, the park land dedication
requirements for Parcel Nos. 7 -,,n~ 8 (Deleted at the Planning Commtqsion hearing
dated June 5, 1995) shall be determined in accordance with the Quimby Ordinance
requirements for high density residential development.
100.
Private recreational facilities provided within Parcel Nos. 7 and 8 (Deleted at the
Planning Commission hearing dated June 5, 1995) may be entitled to receive a 50%
credit towards the Quimby requirement. The remaining park land dedication requirement
shall be satisfied through the payment of "in-lieu" fees.
Prior to the Issuance of Certificate of Occupancy(s)
101.
Prior to the issuance of the first certificate of occupancy for each phased map, the
developer, or his assignee, shall file an application with the TCSD and pay the
appropriate fees for the dedication of arterial and residential street lights into the
maintenance program.
BUILDING AND SAFETY DEPARTMENT
102. No comments at this time.
Reaoa\95-51 22
OTHER AGENCIES
103. The applicant shall comply with the recommendations outlined in the Riverside County
Health Department's transmittal dated April 24, 1995, a copy of which is attached.
104. The applicant shall comply with the recommendations outlined in the County of Riverside
Fire Department's letter dated May 10, 1995, a copy of which is attached.
105. The applicant shall comply with the recommendations outlined in the Eastern Municipal
Water District transmittal dated May 1, 1995, a copy of which is attached.
106. The applicant shall comply with the recommendations outlined in the Riverside Transit
Agency transmittal dated May 2, 1995, a copy of which is attached.
I have read, understand and accept the above Conditions of Approval.
Applicant Name
Reaos\95-51 23