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HomeMy WebLinkAbout92-27 CC ResolutionRESOLUTION NO. 92-27 A RESOLUTION OF ~ CITY COUNCIL OF THE CITY OF TEMECULA APPROVING TENTATIVE TRACT MAP NO. 26828 TO SUBDIVIDE A 35.5 ACRES INTO 130 RESIDENTIAL LOTS. GENERAL LOCATION OF SAIB MAP BEING THE NORTltWEST CORNER OF RITA WAY AND SERAPHINA ROAD WHEREAS, Dacin Development, Inc. filed Vesting Tentative Tract Map No. 26828 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WltEREAS, said Tract Map application was processed in the time and manner prescribed by State and local law; WHEREAS, the City Council considered said Tract Map on April 14, 1992, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Council hearing, the Council approved said Tract Map; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. findings: Findings. That the Temecula City Council hereby makes the following A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decision be consistent with the general plan, if all of the following requirements are met: The city is proceeding in a timely fashion with the preparation of the general 2. The City Council rims, in approving projects and taking other actions, including the issuance of building permits, each of the following: a. There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or Re~oa\ 92-27 -1- which will be studied within a reasonable time. b. There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. c. The proposed use or action complied with all other applicable requirements if state law and local ordinances. B. The Riverside County General Plan, as mended by the Southwest Area Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The proposed Tract Map is consistent with the SWAP and meets the requirements set forth in Section 65360 of the Government Code, to wit: The City is proceeding in a timely fashion with a preparation of the general 2. The City Council rims, in approving projects and taking other actions, including the issuance of building permits, pursuant to this title, each of the following: a. There is reasonable probability that Vesting Tentative Tract Map No. 26828 proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. b. There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. c. The proposed use or action complies with all other applicable requirements of state law and local ordinances. D. Pursuant to Section 7.1 of County Ordinance No. 460, no subdivision may be approved unless the following findings are made: 1. The proposed Parcel Map will not have significant impact on the environment, as determined in the Initial Environmental Assessment prepared for Vesting Tentative Parcel Map No. 26828. A Negative Declaration is recommended for adoption. 2. There is a reasonable probability that this proposal will be consistent with Resos\ 92-27 -2- the General Plan being prepared at this time. The map together with the attendant zone change request are consistent with applicable subdivision and land use ordinances, and conform with the City's Southwest Area Plan (SWAP) guidelines affecting the subject property. 3. There is not a likely probability of substantial detriment to, or interference with, the future adopted General Plan, if the proposed use is ultimately inconsistent with the plan. The project is consistent with surrounding development, and does not logically have the potential to generate significant adverse environmental impacts. 4. The proposed use or action complies with City and State planning and zoning laws. Reference local Ordinances No. 348, 460, California Governmental Code Sections 65000-66009 (Planning Zoning Law), and Government Code Title 7, Division 2. 5. The site is suitable to accommodate the proposed land use access to public rights-of-way, and is designed with sufficient parcel acreage allowing appropriate building pad sightings. 6. The project as designed and conditioned will not adversely affect the built or natural environment as determined in the initial study prepared for this project. Reference the attached Initial Environment Study and Conditions of Approval for Vesting Tentative Tract Map No. 26828. 7. The design of the subdivision, the type of improvements and the resulting street layout are such that they are not in conflict with easements for access through or use of the property within the proposed project as conditioned. Easement dedications are not evident in grant deeds describing the property. 8. The site for the proposed use is provided legal access via Rita Way and Seraphina Road public rights-of-way. Development of these roads shall comply with City Engineering Conditions of Approval contained herein. 9. The proposed project will not inhibit or restrict future ability to use active or passive solar energy systems. Adequate lot areas and exposures are provided for these alternatives. 10. The proposed use will not have a substantial adverse affect on abutting properties or the permitted use thereof. The proposed map provides for residential development similar in character and densities evident on vicinity properties. Land use incongruities and associated adverse affects arising from implementation of this proposal are unlikely. Resos\ 92-27 -3- 11. The Airport Land Use Commission is making substantial progress toward the completion of a land use plan. 12. There is reasonable probability that the action, regulation, or permit will be consistent with the plan being considered by the Airport Land Use Commission. 13. There is little or no probability of substantial detriment to or interference with the Future Adopted Plan in the action, regulation, or permit is ultimately inconsistent with the future adopted Airport Land Use Plan. E. The City Council in approving the proposed Vesting Tentative Tract Map, makes the following findings, to wit: 1. The Proposed Tract Map may have significant negative impact on the environment, as a result of potential future impacts from the French Valley Airport. 2. There is a reasonable probability that this proposal will not be consistent with the General Plan being prepared at this time. The map together with the attendant zone change request are consistent with applicable subdivision and land use ordinances, and conform with the City's Southwest Area Plan (SWAP) guidelines affecting the subject property, however, an Airport Land Use Plan has not been adopted for the French Valley Airport, future General Plan consistency can not be determined. 3. There is a likely probability of substantial detriment to, or interference with, the future adopted General Plan, if the proposed use is ultimately inconsistent with the plan. The project is consistent with surrounding development, however it may have the potential to generate significant adverse environmental impacts. 4. The proposed use or action complies with City and State planning and zoning laws. Reference local Ordinances No. 348, 460, California Governmental Code Sections 65000-66009 (Planning Zoning Law), and Government Code Title 7, Division 2. 5. The site is suitable to accommodate the proposed land use in terms of the size and shape of parcel configurations, access, and density. The project has access to public rights-of-way, and is designed with sufficient parcel acreage allowing appropriate building pad sightings. 6. The project as designed and conditioned will adversely affect the built or natural environment as determined by the City Council relative to the French Valley 7. The design of the subdivision, the type of improvements and the resulting Resos\ 92-27 -4- street layout are such that they are not in conflict with easements for access through or use of the property within the proposed project as conditioned. Easement dedications are not evident in grant deeds describing the property. 8. The site for the proposed use is provided legal access via Rita Way and Seraphina Road public rights-of-way. Development of these roads shall comply with City Engineering Conditions of Approval contained herein. 9. The proposed project will not inhibit or restrict future ability to use active or passive solar energy systems. Adequate lot areas and exposures are provided for these alternatives. 10. The proposed use will not have a substantial adverse affect on abutting properties or the permitted use thereof. The proposed map provides for residential development similar in character and densities evident on vicinity properties. Land use incongruities and associated adverse affects arising from implementation of this proposal are unlikely. 11. The Airport Land Use Commission is making substantial progress toward the completion of the French Valley Airport Land Use Plan. 12. the plan. There is a reasonable probability that the project will be inconsistent with 13. There is a probability of substantial detriment to or interference with the plan, if the project is ultimately inconsistent with the plan. F. As conditioned pursuant to SECTION 3, the Tract Map proposed may not be compatible with the health, safety and welfare of the community. SECTION 2. l:,nvironmental Con/pliance. An Initial Study prepared for this project indicates that although the proposed project could have a significant impact on the environment, there will not be a significant effect in this case because the mitigation measures described in the Conditions of Approval have been added to the project, and a Negative Declaration, therefore, is hereby granted. SECTION 3. Conditions. That the City if Temecula City Council hereby approves Vesting Tentative Tract Map No. 26828 for the subdivision of a 35.5 acres into 130 residential lots, generally located at the northwest comer of Rita Way and Seraphina Road. SECTION 4. The City Clerk shall certify to the passage and adoption of this Resolution. 92-27 -5- PASSED, APPROVED AND ADOPTED, this 14th day of April, 1992. Patricia H. Birdsall, Mayor AT'rEST: [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. 92-27 was duly adopted at a regular meeting of the City Council of the City of Temecula on the 14th day of April 1992 by the following roll call vote. AYES: 4 NOES: 0 ABSENT: 1 COUNCILMEMBERS: C OUNCILMEMBERS: COUNCILMEMBERS: Moore, Lindemarts, Parks Birdsall None Munoz Re,os\ 92-27 -6- ATTACHM'F. NT NO. 3 CONDITIONS OF APPROVAL $\$TAFI~ItI~I~ 13CZ'CC 14 ATTACHMENT NO. 3 CONDITIONS OF APPROVAL Vesting Tentative Tract Map No. 26828 Project Description: Change of Zone No. 13 and 35.5 acres, 130 lot Residential Subdivision ASSESSOR'S PARCgJ. NO. 914-260-039, 040, 041,042, 043, 044, 045, AND 046. PLANNING DEPARTMENT The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance 460, Schedule A, unless modified by the conditions listed below. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. This conditionally approved tentative map will expire two years after the approval date, unless extended as provided by Ordinance 460. The expiration date is · April 14, 1994 3. Any delinquent property taxes shall be paid prior to recordation of the fmal map. Legal access as required by Ordinance 460 shall be provided from the tract map boundary to a City maintained road. Subdivision phasing, including any proposed common open space area improvement phasing, if applicable, shall be subject to Planning Department approval. Any proposed phasing shall provide for adequate vehicular access to all lots in each phase, and shall substantially conform to the intent and purpose of the subdivision approval. o A copy of the f'mal grading plan shall be submitted to the Planning Department for review and approval. All on-site cut and fill slopes shall: Ao Be limited to a maximum slope ratio of 2 to 1 and a maximum vertical height of thirty (30) feet. Setbacks from top and bottom of slopes shall be a m'mimum of one-half the slope height. B. Be contour-graded to blend with existing natural contours. C. Be a part of the downhill lot when within or between individual lots. S\STAFFRPT\13CZ.CC 15 All slopes over three (3) feet in height shall be landscaped and irrigated according to the City Development Code. A detailed landscaping and irrigation plan, prepared by a qualified professional, shall be submitted to the City Planning Department for review and approval prior to issuance of grading permits. o The applicant shall comply with the environmental health recommendations outlined in the County Health Department's transmittal dated August 27, 1991, a copy of which is attached. The applicant shall comply with the fire improvement recommendations outlined in the County Fire Department's letter dated August 27, 1991, a copy of which is attached. 10. All proposed construction shall comply with the California Institute of Technology, Palomar Observatory Outdoor Lighting Policy, as outlined in the Southwest Area Plan. The following note shall be placed on the Environmental Constraints Sheet: "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. 11. The applicant shall comply with the recommendations outlined in the F. astern Municipal Water District transmittal dated February 8, 1991, a copy of which is attached. 12. Lots created by this subdivision shall comply with the following: Lots created by this subdivision shall be in conformance with the development standards of the R-1 zone. Graded but undeveloped land shall be maintained in a weed-free condition and shall be either planted with interim landscaping or provided with other erosion control measures as approved by the Director of Building and Safety. 13. The developer shall be responsible for maintenance and upkeep of all slopes, landscaped areas and irrigation systems until such time as those operations are the responsibilities of other parties as approved by the Planning Director and the Temecula Community Service District. 14. Prior to recordation of the f'mal map, an Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the trmal map to delineate identified environmental concerns and shall be permanently fried with the office of the City Engineer. A copy of the F_.CS shall be transmitted to the Planning Department for review and approval. The approved ECS shall be forwarded with copies of the recorded final map to the Planning Department and the Department of Building and Safety. S\STAFFR.P~13CZ.CC 16 15. The following notes shall be placed on the Environmental Constraints Sheet: 16. Ao "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. This property is located within a two (2) mile radius of the French Valley Airport. Interior noise levels shall be kept at a level below 45 dB by the use of proper procedures as recommended in an acoustical engineering study completed for this project. Prior to the issuance of GRADING PERMITS the following conditions shall be satisfied: Ao Prior to the issuance of grading permits detailed common open space area landscaping and irrigation plans shall be submitted for Planning Department approval for the phase of development in process. The plans shall be certified by a landscape architect, and shall provide for the following: (1) Permanent automatic irrigation systems shall be installed on all landscaped areas requiring irrigation. (2) Landscape screening where required shall be designed to be opaque up to a m'mimum height of six (6) feet at maturity. (3) All utility service areas and enclosures shall be screened from view with landscaping and decorative barriers or baffle treatments, as approved by the Planning Director. Utilities shall be placed underground. (4) Parkways shall be landscaped to provide visual screening or a transition into the primary use area of the site. landscape elements shall include earth benning, ground cover, shrubs and specimen trees. Front yards shall be landscaped and street trees planted. (5) Wall plans shall be submitted for the project perimeter and along Wooden fencing shall not be allowed on the perimeter of the project. All lots with slopes leading down from the lot shall be provided with gates in the wall for maintenance access. (6) Landscaping plans shall incorporate the use of specimen accent trees at key visual focal points within the project. (7) Where street trees cannot be planted within right-of-way of interior streets and project parkways due to insufficient road right-of-way, they shall be planted outside of the road right-of-way. (8) Landscaping plans shall incorporate native and drought tolerant plants where appropriate. sxs?Alnm, m~cz.¢c 17 (9) (10) (11) (12) (13) All landscaping areas proposed for maintenance by the T.C.$.D., shall be reviewed and approved by the T.C.S.D. All trees shall be m'mimum double staked. Weaker and/or slow growing trees shall be steel staked. Any oak trees removed with four (4) inches or larger trunk diameters shall be replaced on a ten (10) to one (1) basis as approved by the Planning Director. Replacement tress shall be noted on approved landscaping plans. 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. Co) Approximate time frames for grading and identification of areas which may be graded during the higher probability rain months of January through March. (c) Preliminary pad and roadway elevations. (d) Areas of temporary grading outside of a particular phase. All cut slopes located adjacent to ungraded natural terrain and exceeding ten (10) feet in vertical height shall be contour-graded incorporating the following grading techniques: (a) The angle of the graded slope shall be gradually adjusted to the angle of the natural terrain. co) Angular forms shall be discouraged. The graded form shall reflect the natural rounded terrain. (c) The toes and tops of slopes shall be rounded with curves with radii designed in proportion to the total height of the slopes where drainage and stability permit such rounding. (d) Where cut or fill slopes exceed 300 feet in horizontal length, the horizontal contours of the slope shall be curved in a continuous, undulating fashion. S\STAFPILl~\13CZ.CC 18 17. 18. (14) Prior to the issuance of grading permits, 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. Prior to the issuance of a grading permit, the applicant shall comply with the provisions of Ordinance No. 663 by paying the appropriate fee set forth in that ordinance. Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fee required by Ordinance No. 663, the applicant shall pay the fee required by the Habitat Conservation Plan as implemented by County ordinance or resolution. Prior to the issuance of grading permits, a qualified paleontologist shall be retained by the developer for consultation and comment on the proposed grading with respect to potential paleontological impacts. Should the paleontologist find the potential is high for impact to significant resources, a pre-grade meeting between the paleontologist and the excavation and grading contractor shall be arranged. When necessary, the paleontologist or representative shall have the authority to temporarily divert, redirect or halt grading activity to allow recovery of fossils. Prior to the issuance of BUILDING PERMITS the following conditions shall be satisfied: Ao No building permits shall be issued by the City for any residential lot/unit within the project boundary until the developer's successor's-in-interest provides evidence of compliance with public facility f'mancing measures. A cash sum of one-hundred dollars ($100) per lot/unit shall be deposited with the City as mitigation for public library development. Bo Prior to the submittal of building plans to the Department of Building and Safety an acoustical study shall be performed by an acoustical engineer to establish appropriate mitigation measures that shall be applied to individual dwelling units within the subdivision to reduce ambient interior noise levels to 45 Ldn. Co All building plans for all new structures shall incorporate, all required elements from the subdivision's approved fire protection plan as approved by the County Fire Marshal. Do All dwellings to be constructed within this subdivision shall be designed and constructed with fire retardant (Class A) roofs as approved by the Fire Marshal. Roof-mounted mechanical equipment shall not be permitted within the subdivision, however solar equipment or any other energy saving devices shall be permitted with Planning Department approval. Fo Building separation between all buildings including fireplaces shall not be less than ten (10) feet. sxs'rAmum~cz.cc 19 19. G. All street side yard setbacks shall be a minimum of ten (10) feet. Prior to the issuance of OCCUPANCY PERMITS the following conditions shall be satisfied: 20. 21. 22. All landscaping and irrigation shall be installed in accordance with approved plans prior to the issuance of occupancy permits. If seasonal conditions do not permit planting, interim landscaping and erosion control measures shall be utilized as approved by the Planning Director and the Director of Building and Safety. All front yards shall be provided with landscaping and automatic irrigation. All landscaping and irrigation shall be installed in accordance with approved plans and shall be verified by City field inspection. Not withstanding the preceding conditions, wherever an acoustical study is required for noise attenuation purposes, the heights of all required walls shall be determined by the acoustical study where applicable. Prior to recordation of the FINAL MAP, the applicant or his assignee, shall conform to Ordinance No. 460.93 (Quimby) by paying IN FULL to the City of Temecula, TCSD the fair market value of 1.683 acres of land, as determined by the TCSD plus 20 % for offsite improvements. The subdivider shall defend, indemnify, and hold harmless the City of Temecula, its agents, officer, and employees from any claim, action, or proceeding against the City of Temecula or its agents, officer, or employees to attach, set aside, void, or annul an approval of the City of Temecula, its advisory agencies, appeal boards or legislative body concerning Tentative Vesting Tract Map No. 26828, which action is brought within the time period provided for in California Government Code Section 66499.37. The City of Temecula will promptly notify the subdivider of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. If the City fails to promptly notify the subdivider of any such claim, action, or proceeding or fails to cooperate fully in the defense, the subdivider shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. 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 at least 120 days prior to submittal of the final map for approval, enter into an agreement to complete the improvements pursuant to Government Code Section 66462 at such time as the City acquires the property interests required for the improvements. 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. $\$TAFFRPT\13CZ.CC 20 23. 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. 24. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. 25. Within forty-eight (48) hours of the approval of the project, the applicant/developer shall deliver to the Planning Department a cashiers check or money order payable to the County Clerk in the amount of One Thousand, Two Hundred, Seventy-Five Dollars ($1,275.00), which includes the One Thousand, Two Hundred, Fifty Dollars ($1,250.00) fee, in compliance with AB 3158, required by Fish and Game Code Section 711.4(d)(2) plus the Twenty-Five Dollar ($25.00) County administrative fee to enable the City to file the Notice of Determination required under Public Resources Code Section 21152 and 14 Cal. Code of Regulations 15075. If within such forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check required above, the approval for the project granted herein shall be void by reason of failure of condition, Fish and Game Code Section 711.4(c). 26. Vesting Tentative Tract Map No. 26828 shall not be approved until such time as Change of Zone No. 13 has been adopted by the City of Temecula. 27. Prior to RECORDATION of the FINAL MAP, the applicant shall satisfy all fee requirements of the Temecula Valley Unified School District. BUII,F}ING AND SAFETY DEPARTMENT 28. Prior to fmal map approval, obtain street name clearance from Building and Safety. DEPARTMENT OF PUBLIC WORKS The following are the Department of Public Works Conditions of Approval for this project, and shall be completed at no cost to any Government Agency. All questions regarding the true meaning of the conditions shall be referred to the appropriate staff person of the Department of Public Works. It is understood that the Developer has correctly shown on the tentative map all existing easements, traveled ways, and drainage courses, and their omission may require the project to be resubmitted for further review. PRIOR TO RECORDATION OF THE FINAL MAP: 29. As deemed necessary by the Department of Public Works, the developer shall receive written clearance from the following agencies: Eastern Municipal Water District; Riverside County Flood Control district; S\STAFFRPT~ 13CZ.CC 21 30. 31. 32. 33. 34. 35. 36. City of Temecula Fire Bureau; Planning Department; Department of Public Works; Riverside County Health Department; CATV Franchise; Parks and Recreation Department; and Temecula Unified School District. 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. Streets "A", "B", "C", "D" and "F" shall be improved with 40 feet of asphalt concrete pavement, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with County Standard No. 104, Section A (60'/40'). Streets "G", "H", 'T' and "J" shall be improved with 36 feet of asphalt concrete pavement, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with County Standard No. 105, Section A (60'/36'). Rita Way shall be improved with 20 feet of half street improvement plus one 8 foot lane, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with County Standard No. 104, Section A (60'/40'). These improvements shall be coordinated with Tract Map No. 25004 as directed by the Department of Public Works. Joseph Road shall be improved with 28 feet of asphalt concrete pavement from Nicolas Road to Rita Way, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with County Standard No. 104, Section A (60'/40'). These improvements shall be at ultimate grade and shall be coordinated with adjacent projects as directed by the Department of Public Works. If secondary access can be provided through Tract No. 23143 from Joseph Road, those improvements through Santa Gertrudis Creek to Nicolas Road may be deleted by the Department of Public Works. Seraphina Road shall be improved with 20 feet of half street improvement plus one 8 foot lane, or bonds for the street improvements may be posted, within a 60 foot dedicated right-of-way in accordance with County Standard No. 104, Section A (60'/40'). These improvements shall be coordinated with adjacent projects as directed by the Department of Public Works. In the event that Willows Avenue is not constructed from Street "A" to North General Kearny Road prior to the final map recordation, the developer shall construct or bond for the improvements to provide for full street improvements per Riverside County Standard No. 103 (66'/44'). The improvements shall be constructed prior to occupancy. S\STAFFRPT~13C"Z.CC 22 37. 38. 39. Joseph Road north of Rita Way shall be vacated as directed by the City Engineer. Processing shall be per the requirements of a full general vacation as required by Riverside County Ordinance and Section 8300 of the California Streets and Highways Code. Prior to vacating Joseph Road, alternate access to the existing school and park site shall be provided. In the event road or off-site right-of-way are required to comply with these conditions, such easements shall be obtained by the developer; or, in the event the City is required to condemn the easement or right-of-way, as provided in the Subdivision Map Act, the developer shall enter into an agreement with the City for the acquisition of such easement at the developer's cost pursuant to Government Code Section 66462.5, which shall be at no cost to the City. Vehicular access shall be restricted on Rim Way and Seraphina Road and so noted on the final map with the exception of public street intersections as approved by the Department of Public Works. 40. 41. 42. 43. Corner property line cut off shall be required per Riverside County Standard No. 805. Easements, when required for roadway slopes along arterial streets, landscape easements, drainage facilities, utilities, etc., shall be shown on the f'mal map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted and recorded as directed by the Department of Public Works. The subdivider shall construct or post security and an agreement shall be executed guaranteeing the construction of the following public improvements in conformance with applicable City standards. Street improvements, including, but not limited to: pavement, curb and gutter, medians, sidewalks, drive approaches, street lights, signing, striping, and other traffic control devices as appropriate. B. Storm drain facilities. C. Landscaping (street and parks). D. Sewer and domestic water systems. E. All trails, as required by the City's Master Plans. F. Undergrounding of proposed utility distribution lines. The street design and improvement concept of this project shall be coordinated with adjoining developments. S\STAFFRPT~I~CZ.CC 23 Street lights shall be provided along streets adjoining the subject site in accordance with the requirements of Ordinance No. 461 and as approved by the Department of Public Works. 45. Prior to recordation of the final map, the developer shall deposit with the Department of Public Works a cash sum as established, per lot, as mitigation towards traffic signal impacts. Should the developer choose to defer the time of payment of traffic signal mitigation fee, he may enter into a written agreement with the City deferring said payment to the time of issuance of a building permit. 46. Street names shall be subject to the approval of the Building and Safety Department. 47. The minimum centerline radii shall be 300 feet or as approved by the Department of Public Works. 48. All street centerline intersections shall be at 90 degrees or as approved by the Department of Public Works. 49. Improvement plans shall be based upon a centerline profile extending a m'mimum of 300 feet beyond the project boundaries at a grade and alignment as approved by the Department of Public Works. 50. A minimum centerline street grade shall be 0.50 percent. 51. All driveways shall conform to the applicable County of Riverside standards and shall be shown on the street improvement plans in accordance with County Standard 400 and 401 (curb sidewalk). 52. All driveways shall be located a minimum of two (2) feet from the property line. 53. The subdivider shall submit two (2) prints of a comprehensive grading plan to the Department of Public Works. The plan shall comply with the Uniform Building Code, Chapter 70, and as may be additionally provided for in these Conditions of Approval. The plan shall be drawn on 24" x 36" mylar by a Registered Civil Engineer. 54. A geological report shall be prepared by a qualified engineer or geologist and submitted at the time of application for grading plan check. 55. The subdivider shall submit two (2) copies of a soils report to the Department of Public Works. The report shall address the soils stability and geological conditions of the site. 56. A drainage study shall be submitted to and approved by the Department of Public Works. All drainage facilities shall be installed as required by the Department of Public Works. 57. On-site drainage facilities, located outside of road right-of-way, shall be contained within drainage easements shown on the final map. A note shall be added to the final map stating "Drainage easements shall be kept free of buildings and obstructions." S\STAFFRPT~I3CZ.CC 24 58. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. 59. The subdivider shall protect downstream properties from damages caused by alteration of the drainage patterns; i.e., concentration or diversion of flow. Protection shall be provided by constructing adequate drainage facilities, including enlarging existing facilities or by securing a drainage easement. 60. Prior to f'mal map, the subdivider shall notify the City's CATV Franchises of the Intent to Develop. Conduit shall be installed to CATV Standards at time of street improvements. PRIOR TO ISSUANCE OF GRADING PERMITS: 61. Prior to any work being performed in public right-of-way, fees shall be paid and an encroachment permit shall be obtained from the Department of Public Works. 62. A grading permit shall be obtained from the Department of Public Works prior to commencement of any grading outside of the City-maintained road right-of-way. 63. All lot drainage shall be to the street by side yard drainage swales independent of any other lot. 4. A flood mitigation charge shall be paid. The charge shall equal the prevailing Area Drainage Plan fee rate multiplied by the area of new development. The charge is payable to the Flood Control District prior to issuance of permits. If the full Area Drainage Plan fee or mitigation charge has already credited to this property, no new charge needs to be paid. PRIOR TO BUII.DING PERMIT: 65. 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 Soil Engineer shall issue a Final Soils Report addressing compaction and site conditions. 66. Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Standards and accepted grading practices. The final grading plan shall be in substantial conformance with the approved rough grading plan. 67. 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 f'mal public facility mitigation fee or district has not been f'mally established by the date on which developer requests its building permits for the project or any phase thereof, the developer shall execute the Agreement for payment of Public Facility fee, a copy of which has been S\$TAFFRPT\I3CZ.CC 25 provided to developer. Concurrently, with executing this Agreement, developer shall post security to secure payment of the Public Facility fee. The amount of the security shall be $2.00 per square foot, not to exceed $10,000. Developer understands that said Agreement may require the payment of fees in excess of those now estimated (assuming benefit to the project in the amount of such fees). By execution of this Agreement, developer will waive any right to protest the provisions of this Condition, of this Agreement, the formation of any traffic impact fee district, or the process, levy, or collection of any traffic mitigation or traffic impact fee for this project; provided that developer is not waiving its right to protest the reasonableness of any traffic impact fee, and the amount thereof. PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: 68. Construct full street improvements including but not limited to, curb and gutter, A.C. pavement, sidewalk, drive approaches, parkway trees and street lights on all interior public streets. 69. Existing city roads requiring construction shall remain open to traffic at all times with adequate detours during construction. Traffic control plans shall be provided as directed by the Department of Public Works, and may be required to be prepared by a registered Civil Engineer. 70. Asphaltic emulsion (fog seal) shall be applied not less than 14 days following placement of the asphalt surfacing and shall be applied at a rate of 0.05 gallon per square yard. Asphalt emulsion shall conform to Section Nos. 37, 39, and 94 of the State Standard Specifications. TRANSPORTATION ENGINEERING PRIOR TO RECORDATION OF THE FINAL MAP: 71. A signing and striping plan shall be designed by a registered Civil Engineer and approved by the Department of Public Works for general local streets or larger and shall be included in the street improvement plans. 72. Prior to designing any of the above plans, contact Transportation Engineering for the design requirements. PRIOR TO THE ISSUANCE OF ANY ENCROACI-IMg~NT PERMITS: 73. A construction area traffic control plan shall be designed by a registered Civil Engineer and approved by the City Engineer for any street closure and detour or other disruption to traffic circulation as required by the City Engineer. PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS: 74. All signing and striping shall be installed per the approved signing and striping plan. sxsrAmum~cz.cc 26 75. As warranted, traffic signals shall be installed and operational for the intersections of Murrieta Hot Springs Road at Willows Avenue and Murrieta Hot Springs Road at Town View Avenue. If warrants have been met prior to occupancy of the subdivision, as determined by the County of Riverside Transportation Department, occupancy shall be permitted with installation of said signals and as directed by the Department of Public Works. SXSTAmUm~3CZ. CC 27