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HomeMy WebLinkAbout91-121 CC ResolutionRESOLU~ON NO. 91-121 A ~LUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PARCEL MAP NO. 24085 TO SUBDIVIDE A 72.6 ACRE PARCEL INTO 57 PARCELS AT THE WESTERLY SIDE OF DIAZ ROAD NORTH OF THE FUTURE EXTENSION OF WINCHESTER ROAD AND KNOWN AS ASSESSOR'S PARCEL 909-120'022. WHEREAS, Rancho California City Associates 1 filed Parcel Map No. 24085 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WIcIERF-a~, said Parcel Map application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Parcel Map on October 21, 1991, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission heating, the Commission recommended approval of said Parcel Map; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findings. That the Temecula City Council hereby makes the following findings: A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30- month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: general plan. (1) The city is proceeding in a timely fashion with the preparation of the (2) The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: a) There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. Rems 91-121 -1- b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. c) The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The proposed Parcel Map is consistent with the SWAP and meets the requirements set forth in Section 65360 of the Government Code, to wit: general plan. (1) The city is proceeding in a timely fashion with a preparation of the (2) The City Council finds, in approving projects and taking other actions, including the issuance of building permits, pursuant to this rifle, each of the following: a) There is reasonable probability that Parcel Map No. 24085 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. (1) Pursuant to Section 7.1 of County Ordinance No. 460, no subdivision may be approved unless the following findings are made: general and specific plans. That the proposed land division is consistent with applicable b) That the design or improvement of the proposed land division is consistent with applicable general and specific plans. c) That the site of the proposed land division is physically R¢~o~ 91-121 -2- suitable for the type of development. d) That the site of the proposed land division is physically suitable for the proposed density of the development. e) That the design of the proposed land division or proposed improvements are not likely to cause substantial environmental damage or substantial and unavoidably injure fish or wildlife or their habitat. f) That the design of the proposed land division or the type of improvements are not likely to cause serious public health problems. g) That the design of the proposed land division or the type of improvements will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed land division. A land division may be approved if it is found that alternate easements for access or for use will be provided and that they will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgement of a court of competent jurisdiction. (2) The City Council in Approving approval the proposed Tentative Parcel map, makes the following findings, to wit: a) The proposed Parcel Map will not have a significant negative impact on the environment, as determined in the Initial Study performed for the project. A Negative Declaration is recommended for adoption. b) There is a reasonable probability that this project will be consistent with the General Plan being prepared at this time in that the proposed commercial- industrial subdivision is consistent with the SWAP Light Industrial Land Use designation, the Manufacturing Service Commercial Zone, and existing land uses in the vicinity. c) 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 in that the proposed commercial/industrial parcel map is consistent with existing and approved uses and subdivisions in the vicinity. law. d) The proposed use complies with State planning and zoning The project conforms to the current zoning for the site and Ordinance No. 460, Schedule e) The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot configurations, access, and density. Resos 91-121 -3- f) The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidable injure fish or wildlife or their habitat as determined in the Initial Study prepared for this project. g) The design of the subdivision is consistent with the State Map Act in regard to future passive energy control opportunities in that all parcels have adequate southerly exposure. h) All lots have acceptable access to existing and proposed dedicated rights-of-ways which are open to, and are useable by, vehicular traffic. I) 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. j) The lawful conditions stated in the project's Conditions of Approval are deemed necessary to protect the public health, safety and general welfare. k) These findings are supported by minutes, maps, exhibits, and environmental documents associated with these applications and herein incorporated by reference. E. As conditioned pursuant to SECTION 3, the Parcel Map proposed is compatible with the health, safety and welfare of the community. SECTION 2. l~.nvironmental Conlpliance. An Initial Study prepared for this project indicates that the proposed project will not have a significant impact on the environment, and a Negative Declaration, therefore, is hereby granted. SECTION 3. Conditions. That the City of Temecula City Council hereby approves Parcel Map No. 24085 for the subdivision of a 72.6 acre parcel into 57 parcels located at the westerly side of Diaz Road north of the future extension of Winchester Road, and known as Assessor's Parcel 909-120-022 subject to the following conditions: A. Exhibit A, attached hereto. SECTION 4. The City Clerk shall certify the adoption of this Resolution. Resos 91-121 -4- PASSED, APPROVED AND ADOPTED this 10th day of December, 1991. ATTEST: , City Clerk [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. 91-121 was duly adopted at a regular meeting of the City Council of the City of Temecula on the 10th day of December, 1991, by the following roll call vote; 4 COUNCIL MEMBERS: Moore, Mufioz, Birdsall, Parks NOES: 1 COUNCIL MEMBERS: Lindemans ABSENT: 0 COUNCIL MEMBERS: None Rems 91-121 -5- CITY OF TEMECULA CONDITIONS OF APPROVAL Tentative Parcel Map No: Project Description: Assessor's Parcel No.: 24085 To create 57 parcels on a 72.6 acre site 909-120-022 Planning Department The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance 460, Schedule "E", 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 Any delinquent property taxes shall be paid prior to recordation of the final map. Legal access as required by Ordinance 460 shall be provided from the parcel map boundary to a City maintained road. All road easements shall be offered for dedication to the public and shall continue in force until the governing body accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the City Engineer. Street names shall be subject to approval of the City Engineer. Easements, when required for roadway slopes, drainage facilities, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted and recorded as directed by the City Engineer. S\STAFFRPT\24085.cc 1 1 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. A copy of the final grading plan shall be submitted to the Planning Department for review and approval. All on-site cut and fill slopes shall: Be limited to a maximum slope ratio of 2 to 1 and a maximum vertical height of thirty (30) feet. Setbacks from top and bottom of slopes shall be a minimum of one-half the slope height. B. Be a part of the downhill lot when within or between individual lots. All slopes over three (3) feet in height shall be landscaped and irrigated according to the City Development Code. 10. The applicant shall comply with the environmental health recommendations outlined in the County Health Department's transmittal dated September 17, 1991, a copy of which is attached. 11. The applicant shall comply with the flood control recommendations outlined in the Riverside County Flood Control District's letter dated November 16, 1990, a copy of which is attached. If the project lies within an adopted flood control drainage area pursuant to Section 10.25 of City of Temecula Land Division Ordinance 460, appropriate fees for the construction of area drainage facilities shall be collected by the City prior to issuance of Occupancy Permits. 12. The applicant shall comply with the fire improvement recommendations outlined in the County Fire Department's letter dated June 5, 1991, a copy of which is attached. 13. The applicant shall comply with the slope stability recommendations outlined in the County Geologist's transmittal dated September 6, 1989, a copy of which is attached. 14. The applicant shall comply with the recommendations outlined in the County Geologist's transmittal dated October 16, 1989, a copy of which is attached. 15. The applicant shall comply with the recommendations outlined in the Rancho Water District transmittal dated July 3, 1991, a copy of which is attached. S\STAFFRPT\24085.cc 1 2 16. Lots created by this subdivision shall comply with the following: 17. 18. 19. Lots created by this subdivision shall be in conformance with the development standards of the Manufacturing - Service Commercial zone. ao Graded but undeveloped land shall be maintained in a weed-free condition and shall be either planted with interim landscaping or provided with other erosion control measures as approved by the Director of Building and Safety. The developer shall be responsible for maintenance and upkeep of all slopes, landscaped areas and irrigation systems until such time as those operations are the responsibilities of other parties as approved by the Planning Director. Prior to recordation of the final map, an Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the final map to delineate identified environmental concerns and shall be permanently filed with the office of the City Engineer. A copy of the ECS shall be transmitted to the Planning Department for review and approval. The approved ECS shall be forwarded with copies of the recorded final map to the Planning Department and the Department of Building and Safety. The following notes 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 Outdoor Lighting Policy as outlined in the Southwest Area Plan. "Archaeological and paleontological monitoring of grading is required, and summary reports shall be submitted to the Planning Department prior to issuance of building permits." "Part of the site is located in the 100 year flood plain of Murrieta Creek. Measures to remove the project site from the flood plain are listed in the Conditions of Approval." "The site is traversed by a potentially active earthquake fault. The map includes a restricted use zone in which no structures for human occupancy are allowed." "The property is affected by earthquake faulting and ground fissures. Structures for human occupancy shall not be allowed in the Fault and Ground Fissure Hazard Area." S\STAFFRPT\24085.cc I 3 "County Geologic Report No. 627 was prepared for this property on June 7, 1989 by Schafer Dixon Associates, and is on file at the Riverside County Planning Department. Specific items of concern are as follows: earthquake faulting, fissuring and ground subsidence, liquefaction, landsliding, and uncompacted trench backfill." 20. Prior to the issuance of GRADING PERMITS the following conditions shall be satisfied: 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: (1) Techniques which will be utilized to prevent erosion and sedimentation during and after the grading process. (2) Approximate time frames for grading and identification of areas which may be graded during the higher probability rain months of January through March. (3) Preliminary pad and roadway elevations. (4) Areas of temporary grading outside of a particular phase. 21. Prior to the issuance of grading permits a qualified archaeologist shall conduct a stratified surface sampling of archaeological site CA-RIV 237 and shall excavate 20 to 30 one cubic meter cubsurface units to determine the depth, spatial extent, and significance of the site. Based on the results of these tests, the extent of further sampling and data collection will be determined. A qualified archaeologist shall also monitor grading activities and shall have the authority to temporarily halt or redirect grading activity to allow recovery of cultural resources. A Native American representative shall be present during archaeological testing and during grading and shall also have the authority to temporarily halt or divert grading activity. S\STAFFRPT\24085.cc 1 4 22. 23. 24. 25. 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. A paleontologist shall be on-site to monitor grading operations. 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: Prior to the issuance of building permits, composite landscaping and irrigation plans shall be submitted for Planning Department approval. The plans shall address all areas and aspects the tract requiring landscaping and irrigation to be installed including, but not limited to, parkway planting, street trees, slope planting, and individual front yard landscaping. Roof-mounted equipment shall be shielded from view of surrounding property. All street side yard setbacks shall be a minimum of 25 feet with at least 10 feet landscaped. Prior to the issuance of OCCUPANCY PERMITS the following conditions shall be satisfied: All landscaping and irrigation shall be installed in accordance with approved plans and shall be verified by City field inspection and certified in writing by the landscape architect. Not withstanding the preceding conditions, wherever an acoustical study is required for noise attenuation purposes, the heights of all required wall shall be determined by the acoustical study where applicable, Prior to the issuance of a grading permit, the applicant shall comply with the provisions of Ordinance No. 663 by paying the appropriate Stephens Kangaroo Rat Habitat Mitigation 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. S\STAFFRPT\24085,cc 1 5 26. 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 Parcel Map No. 24085, 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. 27. 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. Electrical lines rated 33kv or greater shall be exempted from the requirement to be installed underground. Covenants, Conditions and Restrictions/Reciprocal Access Easements: 28. 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 subject to the following 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 the Planning and Engineering Divisions and the City Attorney. They shall be recorded concurrent with the final map. A recorded copy shall be provided to the City. S\STAFFRPT\24085.cc 1 6 The CC&R's shall provide for the effective establishment, operation, management, use, repair and maintenance of all common areas, drainage and facilities. The landscape and architecture standards shall be incorporated by reference into the CC&R's. 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. (1) All parkways, open areas, 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 the Planning and Engineering Divisions prior to issuance of building permits. (2) 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. 29. No lot or dwelling unit in the development shall be sold unless a corporation, association, property owner's group, or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CC&R's which shall include compulsory membership of all owners of lots and/or dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit enforcement by the City of Provisions required by the City as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. S\STAFFRPT\24085.cc I 7 30. 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 31 58, required by Fish and Game Code Section 71 1.4(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). 31. Prior to recordation of the final map, the applicant shall obtain approval of and record all lot line adjustments, street vacations, and dedications to reflect the realignment of the future right of way of Winchester Road. 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 Department of Public Works. It is understood that the Developer correctly shows all existing easements, traveled ways, and drainage courses, and their omission may require the project to be resubmitted for further consideration. PRIOR TO RECORDATION OF THE FINAL MAP: 32. As deemed necessary by the Department of Public Works, the developer shall receive written clearance from the following agencies: Rancho California Water District; Eastern Municipal Water District; Riverside County Flood Control district; City of Temecula Fire Bureau; Planning Department; Department of Public Works; Riverside County Health Department; CATV Franchise; CalTrans; and Parks and Recreation Department. S\STAFFRPT\24085.cc I 8 33. 34. 35. 36. 37. 38. 39. 40. 41. 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. 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. Winchester Road shall be improved with 38 feet of half street improvement plus one 1 2' lane, or bonds for the street improvements may be posted, within a 65' dedicated right-of-way in accordance with County Standard No. 101 (38'/50'). Diaz Road shall be improved or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with County Standard No. 101 (76'/100'). Streets "A", "B" and "C" ~hall be improved, or bonds for the street improvements may be posted, ~vithin the dedicated right-of-way in accordance with County Standard No. 111 (56'/78'). Avenida de Ventas and Street "D" shall be improved with 28 feet of half street improvement plus one 12' lane, or bonds for the street improvements may be posted, within a 51' dedicated right-of-way in accordance with County Standard No. 111 (28'/39'). If construction is to be phased, the landowner/developer shall acquire sufficient public offsite rights-of-way to provide for secondary access road(s) to a paved and maintained road as may be needed. Said access road(s) shall be constructed in accordance with County Standard No. 106, Section B, (32'/60') at a grade and alignment approved by the Department of Public Works. 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 Winchester Road and Diaz Road and so noted on the final map with the exception of driveway openings and public street intersections as approved by the Department of Public Works. S\STAFFRPT\24085.cc 1 9 42. Corner property line cut off shall be required per Riverside County Standard No. 805. 43. Private drainage easements for cross-lot drainage if required shall be delineated or noticed on the final map. 44. Where applicable, an easement for a joint use driveway shall be provided prior to approval of the Final Map or issuance of building permits, whichever occurs first, especially on Winchester Road and Diaz Road. 45. 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 and recorded as directed by the Department of Public Works. 46. 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, traffic signal systems, 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. 47. The street design, grading and improvement concept of this project shall be coordinated with Assessment District 155 and adjoining development. 48. Street lights shall be provided along streets adjoining the subject site in accordance with the standards of Ordinance No. 461 and as approved by the Department of Public Works. S\STAFFRPT\24085.cc 20 49. 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. 50. Street names shall be subject to the approval of the Building and Safety Department. 51. The minimum centerline radii shall be 500 feet or as approved by the Department of Public Works. 52. All street centerline intersections shall be at 90 degrees or as approved by the Department of Public Works. 53. Improvement plans shall be based upon a centerline profile extending a minimum of 300 feet beyond the project boundaries at a grade and alignment as approved by the Department of Public Works. 54. A minimum centerline street grade shall be 0.50 percent "or as approved by the City Engineer". 55. 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). 56. The subdivider shall submit two 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. 57. A geological report shall be prepared by a qualified engineer or geologist and submitted at the time of application for grading plan check. The report shall also address setback requirements for fault line areas. 58. The subdivider shall submit two copies of a soils report to the Department of Public Works. The report shall address the soils stability and geological conditions of the site. 59. 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. S\STAFFRPT\24085.cc ~21 60. 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." 61. A drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows onto the adjacent property. A copy of the recorded drainage easement shall be submitted to the City for review prior to the recordation of the final map. 62. A copy of the improvement plans, grading plans and final map, along with supporting hydrologic and hydraulic calculations should be submitted to the Riverside County Flood Control District for review. 63. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. 64. 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. 65. A portion of the site is in an area identified on the Flood Hazard Maps as Flood Zone A subject to flooding of undetermined depths. Prior to the approval of any plans, this project shall comply with Flood Damage Prevention Ordinance 91-12 of the City of Temecula and the rules and regulations of FEMA for development within a Flood Zone "A" which may include obtaining a letter of map revision from FEMA. 66. The developer shall record an Environmental Constraint Sheet delineating the area within the 100-year floodplain. 67. Prior to final map, the subdivider shall notify the City's CATV Franchises of the Intent to Develop. Conduit shall be installed to CATV Standards at time of street improvements. PRIOR TO ISSUANCE OF GRADING PERMITS: 68. 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. S\STAFFRPT\2408g.cc 22 69. 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. 70. An application for Development permit shall be submitted per Flood Damage Prevention Ordinance 91-12 of the City of Temecula. All requirements of this ordinance shall be complied with as directed and approved by the Department of Public Works. 71. 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. 72. A permit from the County Flood Control District is required for work within its right-of-way. 73. The subdivider shall submit a haul route plan, including but not limited to, specific information related to truck loads, destination, permission and clearance letters as requested. PRIOR TO BUILDING PERMIT: 74. 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. 75. 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. 76. Developer shall pay any capital fee for road improvements and public facilities imposed upon the property or project, including that for traffic and public facility mitigation as required under the EIR/Negative Declaration for the project. The fee to be paid shall be in the amount in effect at the time of payment of the fee. If an interim or final public facility mitigation fee or district has not been finally established by the date on which developer requests its building permits for the project or any phase thereof, the developer shall execute the Agreement for payment of Public Facility fee, a copy of which has been provided to developer. Concurrently, with executing this Agreement, developer shall post a bond to secure payment of the Public Facility fee. The amount of S\STAFFRPT~24085.cc 23 the bond 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: 77. 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. 78. 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. 79. 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: 80. A signing and striping plan shall be designed by a registered Civil Engineer and approved by the Department of Public Works and shall be included in the street improvement plans. 81. Plans for traffic signals shall be designed by a registered Civil Engineer and approved by the Department of Public Works for the intersections of Avenida de Ventas at Diaz Road and Avenida de Ventas at Winchester Road, and shall be included in the street improvement plans with the second plan check submittal. S\STAFFRPT\24085.cc 82. The developer shall execute a Reimbursement Agreement for the design and construction of traffic signals for the intersections of Winchester Road at Diaz Road, Winchester Road at Enterprise Circle West and Winchester Road at Enterprise Circle East. The percent of costs and the warrants for these signals shall be as determined by a focused traffic analysis to be submitted by the subdivider and approved by the Department of Public Works prior to issuance of building permits. 83. The subdivider shall enter into an agreement with the City of Temecula to contribute a pro-rata share to the construction of the extension of Diaz Road to Washington Street/Rancon Center Boulevard overcrossing, the Overland overcrossing, Winchester Road restriping to six lanes, and the western bypass corridor as determined by a focused traffic analysis to be submitted by the subdivider and approved by the Department of Public Works prior to issuance of building permits. 84. "Prior to recordation of the Final Map, developer shall provide bus turnouts with pedestrian entrances as approved by Riverside Transit Authority and the Department of Public Works. Turnouts shall be shown on the Street Improvement Plans." PRIOR TO THE ISSUANCE OF ANY ENCROACHMENT PERMITS: 85. A construction area traffic control plan shall be designed by a registered Civil Engineer and approved by the City Engineer for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY: 86. All traffic signals, signing and striping shall be installed and operational per the approved plans and as directed by the Department of Public Works per the approved focused traffic analysis. 87. All landscaping installation within corner cutoff areas at all intersections and adjacent to all driveways shall provide for adequate site distance. 88. Stop signs shall be installed within the project site at the intersection of local streets. 89. Diaz Road shall be striped with left turn pockets at each intersection adjacent to the project. S\STAFFRPT\24085.oc 2 5 90. Developer agrees to maintained all roadways until such time as 51% of the lots are sold. The subdivision agreement shall be modified to reflect this. S~STAFFRPT\24085.cc 2 6