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HomeMy WebLinkAbout91-087 CC ResolutionRESOLUTION NO. 91-87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING VESTING TENTATIVE PARCEL MAP NO. 25418 TO SUBDIVIDE A 36.4 ACRE PARCEL INTO 5 COMMERCIAL PARCELS AND 9 OPEN SPACE PARCELS LOCATED ON THE NORTHEAST CORNER OF MARGARITA ROAD AND HIGHWAY 79 AND KNOWN AS ASSESSOR'S PARCEL NO. 926-013-012 WHEREAS, Bedford Properties filed Vesting Tentative Parcel Map no. 25418 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; W~EREAS, said Tentative Parcel Map application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Tentative Parcel Map on August 5, 1991, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearing, the Commission recommended approval of said Tentative Parcel Map; WHEREAS, the City Council considered said Tentative Parcel Map on August 27, 1991, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Council hearing, the City Council approved said Tentative 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: 1. The city is proceeding in a timely fashion with the preparation of the general plan. Resos 91-87 -1- 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. 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 Tentative 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 of 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 Parcel Map No. 25418 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: 91-87 -2- a. That the proposed land division is consistent with applicable general and specific plans. 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 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 substantially and unavoidable 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 one to easements of record or to easements established by judgment of a court of competent jurisdiction. 2. The City Council in approving of the proposed Tentative Tract Map, makes the following findings, to wit: a. The proposed Tract 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 consistent with the General Plan being prepared at this time, due to the fact that the project is consistent and compatible with Specific Plan No. 219, Amendment No. 1. 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, due to the fact that the project is consistent with surrounding land uses. d. The proposed use complies with State planning and zoning law, Re,os 91-87 -3- due to the fact that the project conforms to the current zoning for the site and to Ordinance No. 460, Schedule A. 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, due to the fact that the project has access to public roads and a specific plan will be implemented with this project. 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. g. All lots have acceptable access to existing and proposed dedicated rights-of-way which are open to, and are useable by, vehicular traffic, access is provided from Street "A" of the specific plan. h. 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. The project will not interfere with any easements. I. The lawful conditions stated in the project's Conditions of Approval are deemed necessary to protect the public health, safety and general welfare. j. That said 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 Tentative Parcel Map is compatible with the health, safety and welfare of the community. SECTION 2. Environmental Compliance. An Initial Study prepared for this project indicates that although the proposed project could have a significant impact on the environment, there will not be a significant effect in this case because the mitigation measures described in EIR 235 and in the Conditions of Approval have been added to the project, and a Negative Declaration, therefore, is hereby adopted. SECTION 3. Conditions. That the City of Temecula City Council hereby recommends approval of Tentative Parcel Map No. 25418 for the subdivision of a 36.4 acre parcel into 5 commercial parcels and 9 open space parcels located on the northeast side of Margarita Road and Highway 79 and known as Assessor's Parcel No. 926-013-012 subject to the following conditions: A. Exhibit A, attached hereto. SECTION 4. That the City Clerk shall certify to the adoption of this resolution. Resos 91-87 4- PASS, APPROVED AND ADOPTED this 27th day of August, 1991. Ronald J. Parks, Mayor ATTEST: June~~,k, City Cle';k ' ~ [SEAL] 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 27th day of August, 1991 by the following vote: 4 COUNCIL MEMBERS: Birdsall, Lindemans, Mufioz, Parks NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Moore k, City Clerk Resos 91-87 -5- CITY OF TEMECULA CONDITIONS OF APPROVAL Vesting Tentative Parcel Map No: 25418 Project Description: 5 Commercial and 9 Open Space Assessor's Parcel No.: 926-013-012 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 by the City Council, unless extended as provided by Ordinance 460. 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. 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: a. Be limited to a maximum slope ratio of 2 to 1. SANDF FKM~STA FFRPT~2541 ~PM.CC ~. 3 10. 12. 13. 14. b. Be contour-graded to blend with existing natural contours. c. 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. An erosion control landscaping plan demonstrating methods of erosion protection for these slopes shall be prepared by a qualified professional; and shall be submitted to the City Planning Department for review and approval prior to issuance of grading permits. The applicant shall comply with the environmental health recommendations outlined in the County Health Department's transmittal dated November 13, 1990, a copy of which is attached. All proposed construction shall comply with the California Institute of Technology, Palomar Observatory Outdoor Lighting Policy, as outlined in the Southwest Area Plan. This subdivision shall comply with Specific Plan No. 21 9, Amendment No. 1. Lots created by this subdivision shall comply with the following: Lots created by this subdivision shall be in conformance with the development standards of Planning Area 1 as provided in Specific Plan No. 219, Amendment No. 1. Do 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. The subdivider and all successors in interest shall comply with the provisions of Development Agreement No. 4 and Specific Plan No. 219, Amendment No. 1. 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 SANDEFKM~STA FFRPT\25418PM.CC 1 4 15. 16. 17. with copies of the recorded final map to the Planning Department and the Department of Building and Safety. 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 recommendations. bo County Slope Stability Report No. 122 was prepared for this property and is on file at the Planning Department. Specific items of concern in the report are as follows: Slope Stability. The developer shall comply with the following parkway landscaping conditions: Prior to the issuance of building permits, the developer shall secure approval of proposed landscaping and irrigation plans from the City Engineering and Planning Department. All landscaping and irrigation plans and specifications shall be prepared in a reproducible format suitable for permanent filing with the City Engineering Department. bJ The developer shall post a landscape performance bond which shall be released concurrently with the release of subdivision performance bonds, guaranteeing the viability of all landscaping which will be installed prior to the assumption of the maintenance responsibility by the district. The developer, the developer's successors-in-interest or assignees, shall be responsible for all parkway landscaping maintenance until such time as maintenance as taken over by the district. do The developer shall comply with the standards and exhibits in Specific Plan No. 219, Amendment No. 1. Prior to the issuance of GRADING PERMITS the following conditions shall be satisfied: ao If the project is to be phased, prior to the issuance 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: SANDEFKMSSTA F F RPTX25418PM.CC ~ 5 Techniques which will be utilized to prevent erosion and sedimentation during and after the grading process. e 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. 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: The angle of the graded slope shall be gradually adjusted to the angle of the natural terrain. Angular forms shall be discouraged. The graded form shall reflect the natural rounded terrain. 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. .. 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. Go 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. 18. 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. SANDEFKM~STA F FRPT\25418PM.CC 16 19. Prior to the issuance of BUILDING PERMITS the following conditions shall be satisfied: The project shall comply with the requirements of Development Agreement No. 4. Do Prior to the issuance of building 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: Permanent automatic irrigation systems shall be installed on all landscaped areas requiring irrigation. Landscape screening where required shall be designed to be opaque up to a minimum height of six (6) feet at maturity. 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. ., Parkways shall be landscaped to provide visual screening or a transition into the primary use area of the site. Landscape elements shall include earth berming, ground cover, shrubs and specimen trees. Front yards shall be landscaped and street trees planted. 0 Wall plans shall be submitted for the project perimeter. 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. Landscaping plans shall incorporate the use of specimen accent trees at key visual focal points within the project. 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. Landscaping plans shall incorporate native and drought tolerant plants where appropriate. SANDEFKM~STAFFRPT~25418PM.CC ~. 7 All trees shall be minimum double staked. Weaker and/or slow growing trees shall be steel staked. Prior to the issuance of building permits for Lots 1-5, a plot plan shall be submitted to the Planning Department pursuant to Section 18.30 of Ordinance No. 348 accompanied by all applicable filing fees, as a plot plan that is subject to the California Environmental Quality Act and is transmitted to governmental agencies other than the City Planning Department. The plot plan shall ensure the conformance of the final site development with the Design Guidelines of Specific Plan No. 219, Amendment No. 1. 20. 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. 21. 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 Vesting Tentative Parcel Map No. 25418, 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. 22. 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 SANDEFKMhSTAFFRPT~25418 PM.CC ]. 8 23. 24. 25. 26. 27. 28. 29. appraisal. All utility systems including gas, electric, telephone, water, sewer, and cable 'rv shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provided. Telephone, cable TV, and/or security systems shall be pre-wired in the residence. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. The Covenants, Conditions and Restrictions (CC&R's) shall be reviewed and approved by the Planning Department and the Public Works Department prior to final approval of the tract maps. The CC&R's shall include liability insurance and methods of maintaining the open space and private drainage system. No lot 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 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. Every owner of a lot shall own as an appurtenance to such lot, either (1) an undivided interest in the common areas and facilities, or (2) as share in the corporation, or voting membership in an association, owning the common areas and facilities. Maintenance for all landscaped and open areas, including parkways, shall be provided for in the CC&R's. 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 SANDEFKM~STAFFRP'r~25418PM.CC I 9 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). 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: 30. 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. 31. 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. 32. Margarita Road shall be improved with 43 feet of half street improvement plus one 18' lane within a 55' dedicated right-of-way in accordance with County Standard No. 100 (110'/86'). SANDEFKM~STAFFRPT\25418PM.CC 2 0 33. 34. 35. 36. 37. 38. 39. 40. 41. In the event that full improvements of De Portola Road and Street "A" are not constructed by Assessment District 159 prior to the final map recordation, the developer shall construct or bond for the improvements to provide for one-half street improvements plus one 12 foot lane per Riverside County Standard No. 101 (100'/76'). The improvements shall be constructed prior to occupancy. In the event that full improvements for Meadows Parkway are not constructed by Assessment District 159 prior to the final map recordation, the developer shall construct or bond for the improvements to provide for one-half street improvements plus one 18 foot lane per Riverside County Standard No. 100 (110'/86'). The improvements shall be constructed prior to occupancy. In the event that full improvements for Highway 79 are not constructed by Assessment District 159 prior to the final map recordation, the developer shall construct or bond for the improvements to provide for one-half street improvements per CalTrans Standard (142'/110'). The improvements shall be constructed prior to occupancy. Curb and Gutter shall also be constructed per CalTrans standard for 8-inch curb face. Vehicular access shall be restricted on Highway 79, Meadows Parkway, Street "A", De Portola Road, and Margarita Road, and so noted on the final map with the exception of public street and driveway intersections as approved by the Department of Public Works and as is shown on the tentative map. One access shall be allowed on Highway 79 subject to CalTrans approval. One access shall be allowed on Margarita Road subject to the approval of the Department of Public Works. Corner property line cut off shall be required per Riverside County Standard No. 805. Private drainage easements for cross-lot drainage, when deemed necessary, shall be delineated or noticed on the final map. Easements for sidewalks for public uses shall be dedicated to the City where sidewalks meander through private property. Easements for joint use driveways shall be provided prior to approval of the Final Map or issuance of building permits, whichever occurs first. Easements, when required for roadway slopes, landscape easements, drainage facilities, utilities, etc., shall be shown on the 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. SANDEFKM~STAFFRP~25418PM.CC 2 'l 42. 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 existing and proposed utility distribution lines. 43. The street design and improvement concept of this project shall be coordinated with adjoining developments. 44. 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. 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 Department of Public Works. 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. SANDEFKMSSTAFFRPT\25418PM.CC 2 2 49. 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. 50. A minimum centerline street grade shall be 0.50 percent. 51. 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. 52. A geological report shall be prepared by a qualified engineer or geologist and submitted at the time of application for grading plan check. 53. 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. 54. A drainage study shall be submitted to and approved by the Department of Public Works. All drainage facilities shall be installed as directed by the Department of Public Works. 55. 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." 56. 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 and the City of Temecula Department of Public Works for review. 57. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. 58. 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. 59. 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. SANDEFKM~STA FFRPT~25418PM.CC 2 3 PRIOR TO ISSUANCE OF GRADING PERMITS: 60. 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. 61. A grading permit shall be obtained from the Public Works Department prior to commencement of any grading outside of the City-maintained road right-of- way. 62. 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. 63. A permit shall be required from CalTrans for any work within the following right-of-way: Highway 79 PRIOR TO BUILDING PERMIT: 64. A precise grading plan shall be submitted to the Public Works Department 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. 65. 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. 66. 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 the bond shall be $2.00 per square foot, not to exceed $10,000. Developer SANDEFKM~STAFFRPT~25418PM.CC 2 4 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: 67. 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. Secondary access shall be provided for any phasing as specified and approved by the Department of Public Works. 68. Existing city roads requiring construction shall remain open to traffic at all times with adequate detours during construction. 69. 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: 70. A signing and striping plan shall be designed by a registered Civil Engineer and approved by the Department of Public Works for Street "A", De Portola Road, Meadows Parkway, State Route 79, and Margarita Road. These and shall be included in the street improvement plans. 71. Prior to designing any of the above plans, contact the Department of Public Works for the design requirements. PRIOR TO THE ISSUANCE OF ANY ENCROACHMENT PERMITS: 72. A construction area traffic control plan shall be designed by a registered Civil Engineer and approved 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. SANDEFKMXSTAFFRPTX2541BPM.CC 2 5 PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS: 73. All signing and striping shall be installed per the approved signing and striping plan. 74. Plans for a traffic signal shall be designed by a registered Civil Engineer and approved by the Department of Public Works for the intersection of Margarita Road with De Portola Road and Meadows Parkway with Street "A". All traffic signals shall be installed and operational per the special provisions and the approved traffic signal plan. Prior to designing any traffic signal plans, contact the Department of Public Works for the design requirements. SANDEFKM~STAFFRPT\25418PM.CC 2 6 !