HomeMy WebLinkAbout93-058 CC Resolution RESOLUTION NO. 93-58
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING PLOT PLAN NO. 243,
AMENDMENT NO. 4 TO CONSTRUCT 340,034 SQUARE
FEET OF COMMERCIAL/RETAIL SPACE TO INCLUDE A
125,584 SQUARE FOOT WAIMART AND A 30,000
SQUARE FOOT ADDITION TO THE WAIMART ON A
PARCEL CONTAINING 35.6 GROSS ACRES LOCATED AT
THE SOUTHWEST CORNER OF YNEZ AND WINCHESTER
ROADS AND KNOWN AS PORTIONS OF ASSESSOR'S
PARCEL NUMBERS 910-130-046 AND 910-130-047.
WHEREAS, Kemper Real Estate Management Company filed Plot Plan No. 243,
Amendment No. 4 in accordance with the Riverside County Land Use, Zoning, Planning and
Subdivision Ordinances, which the City has adopted by reference;
WHEREAS, said Plot Plan application was processed in the time and manner prescribed
by State and local law;
WHEREAS, the Planning Commission considered said Plot Plan on June 7, 1993 at
which time interested persons had an opportunity to testify either in support or opposition;
WHEREAS, said project was continued at the June 7, 1993 public hearing;
WHEREAS, the Planning Commission considered said Plot Plan on June 21, 1993 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 Plot Plan;
WHEREAS, the City Council conducted a public hearing pertaining to said Plot Plan on
July 13, 1993, at which time interested persons had opportunity to testify either in support or
opposition to said Plot Plan; and
WHEREAS, the City Council received a copy of the Commission proceedings and Staff
Report regarding the Plot Plan;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA
DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Resos 93-58 1
Section 1. Findinizs. 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.2. The planning agency finds, in approving projects and taking other actions,
including theissuance 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 Plot Plan is consistent with the SWAP and meets the requirements
set forth in Section 65360 of the Government Code, to wit:
1 . The City is proceeding in a timely fashion with a preparation of the general
plan.
2. The City Council finds, in approving projects and taking other actions,
including the issuance of building permits, pursuant to this title, each of the following:
Resos 93-58 2
a. There is reasonable probability that Plot Plan No. 243, Amendment
No. 4 as 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 18.30(c), no plot plan may be approved unless the following
findings can be made:
1 . The proposed use must conform to all the General Plan requirements and
with all applicable requirements of state law and City ordinances.
2 . The overall development of the land is designed for the protection of the
public health, safety and general welfare; conforms to the logical development of the land and
is compatible with the present and future logical development of the surrounding property.
E. The City Council, in approving the proposed Plot Plan, makes the following
findings, to wit:
1 . The City is proceeding in a timely fashion in the preparation of the General
Plan. The General Plan is being prepared in accordance with the timelines established under
State Law.
2. There is a reasonable probability that the land use proposed will be
consistent with the General Plan proposal being considered because the proposed use is
consistent with the proposed Scenic Highway Commercial (C-P-S) zoning and the recommended
Draft Land Use Designation of Community Commercial. Community Commercial uses usually
comprise 10 to 50 acres of land and include buildings in excess of 100,000 square feet. As
proposed, the project encompasses 35.6 gross acres in land area and proposes approximately
340,034 square feet of floor area.
3. There little or no probability of substantial detriment to or interference with
the future General Plan, if the proposed use is ultimately inconsistent with the plan, because the
proposed uses are consistent with those which are found within proximity of the site. The Draft
Land Use Plan identifies Community Commercial uses to the east of the site, Business Park uses
Resos 93-58 3
to the north of the site, and Professional Office uses to the south of the site. Community
Commercial uses exist to the west of the site (Palm Plaza).
4.The proposed use or action complies with all other applicable requirements
of State Law andlocal ordinances because the proposed use complies with California
Governmental CodeSection 65360, Sections 9.53 (Development Standards for the C-P-S Zone),
and 18.30 (Plot Plans) of Ordinance No. 348.
5 . The site is suitable to accommodate the proposed land use in terms of the
size and shape of the lot configuration, access, and intensity of use, because the proposed plot
plan, as conditioned complies with the standards of Ordinance No. 348.
6. The project as designed and conditioned will not adversely affect the public
health or welfare, because the Conditions of Approval include mitigation measures for impacts
identified in the Environmental Impact Report for the Temecula Regional Center Specific Plan.
7. The project is compatible with surrounding land uses. The harmony in
scale, bulk, height, intensity, and coverage creates a compatible physical relationship with
adjoining properties, because the proposed uses are consistent with the draft General Plan and
Ordinance No. 348.
8. The project has acceptable access to a dedicated right-of-way which is open
to, and useable by, vehicular traffic, because access to the project site is from publicly
maintained roads (Ynez and Winchester Roads).
9. The project as designed and conditioned may not adversely affect the built
or natural environment, however, it is a component of the Temecula Regional Center which will
adversely impact the built or natural environment as determined in the Environmental Impact
Report prepared for the Temecula Regional Center Specific Plan.
10. The design of the project and the type of improvements are such that they
are not in conflict with easements for access through or use of the property within the proposed
project.
11. Said findings are supported by maps, exhibits and environmental
documents associated with these applications and herein incorporated by reference.
F. As conditioned pursuant to Section 3, the Plot Plan proposed conforms to the
logical development of its proposed site, and is compatible with the present and future
development of the surrounding property.
Resos 93-58 4
Section 2. -Environmental Compliance. Environmental Impact Report No. 340 was
completed for Specific Plan No. 263. Plot Plan No. 243, Amendment No. 4 is consistent with
the development proposals and standards of Specific Plan No. 263. The potential environmental
impacts of this project were analyzed in Environmental Impact Report No. 340 in that the
proposed development is a portion of the proposed 1,375,000 square foot Retail Commercial
Core area as analyzed for Specific Plan No. 263 and EIR No. 340.
Section 3. Conditions. That the City of Temecula City Council hereby approves Plot
Plan No. 243, Amendment No. 4 at the southeast corner of Ynez and Winchester Roads and
known as Assessor's Parcel No(s). 910-130-046 and 910-130-047 subject to the following
conditions:
A. Attachment No. 4, attached hereto.
Section 4. The City Clerk shall certify the adoption of this Resolution.
Section 5. PASSED, APPROVED AND ADOPTED this 13th day of July, 1993.
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J. SMufioz, Mayor(
ATTEST:
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[SEAL]
Resos 93-58 5
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) SS
CITY OF TEMECULA)
I HERFBY CERTILFY that the foregoing Resolution was duly adopted by the City
Council of the City of Temecula at a regular meeting thereof, held on the 13th day of July, 1993
by the following vote of the Council:
AYES: 3 COUNCILMEMBERS: Birdsall, Parks, Roberts
NOES: 2 COUNCILMEMBERS: Muiioz, Stone
ABSENT: 0 COUNCILMEMBERS: None
June S. Greek, C-iry Clerk
Resoo 93-58 6
CITY OF TEMECULA
CONDITIONS OF APPROVAL
Plot Plan No. 243, Amendment No. 4
Project Description: A Plot Plan for approximately 340,034 square feet of
commercial/retail space to include a 125,584 square foot Wal-Mart (and a
30,000 square foot expansion to the Wal-Mart), approximately 59,500 square
feet of commercial space, approximately 69,700 square feet of shops space
and approximately 55,250 square feet of pad space.
Assessor's Parcel No.: 910-130-046 and 910-130-047
Approval Date:
Expiration Date:
PLANNING DEPARTMENT
NOTE:Conditions of Approval which follow pertain to the Wal-Mart Building and the
remainder buildings on site. The following are the numbers of the Planning
Department Conditions of Approval which apply exclusively to the Wal-Mart:
6, 7, 13, 21, 23, 25.A., 25.B., and 25.C. Any uncertainty as to whether a
Condition of Approval applies to Wal-Mart, will be addressed by the Director of
Planning.
GENERAL REQUIREMENTS:
1Plot Plan No. 243, Amendment No. 4 is a proposal for approximately 340,034 square
feet of commercial/retail space to include a an approximately 1 25,584 square foot
Wal-Mart (and a 30,000 square foot expansion to the Wal-Mart), approximately
59,500 square feet of commercial space, approximately 69,700 square feet of shops
space and approximately 55,250 square feet of pad space (Exhibit D). (Amended at
Planning Commission meeting June 21, 1993).
2.The permittee shall defend, indemnify, and hold harmless the City of Temecula, its
agents, officers, and emplo'ees from any claims, action, or proceeding against the City
y
of Temecula or its agents, officers, 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 Plot Plan No. 243, Amendment No. 4 except for claims or actions
caused by the sole negligence of the City of Temecula. The City of Temecula will
promptly notify the permittee 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 permittee of any such claim, action or proceeding or fails to cooperate fully in the
defense, the permittee shall not, thereafter, be responsible to defend, indemnify, or
hold harmless the City of Temecula. (Amended by City Council on July 13, 1993).
3.This approval shall be used within two (2) years of approval date; otherwise, it shall
become null and void. By use is meant the beginning of substantial construction
contemplated by this approval within the two (2) year period which is thereafter
diligently pursued to completion, or the beginning of substantial utilization
contemplated by this approval.
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4.The development of the premises shall conform substantially with that as shown on
Plot Plan No. 243, Amendment No. 4 marked Exhibit D, and as amended by these
conditions.
5.Landscaping of the premises shall conform substantially with that as shown on Exhibit
N, and as amended by these conditions.
A.Conceptual landscape plans for Pad 5 or 6 (whichever applies for a plot plan
first) shall show the courtyard between these two pads.
B.All ground mounted equipment shall be screened form view by landscaping.
C.The developer shall be responsible for the maintenance of all landscaped areas
within the site and within the right-of-way for Ynez Road and Winchester Road.
D.Landscaped diamonds (approximately thirty-six square feet in area) shall be
located within the parking lot, at intervals no greater than one diamond per
every five (5) parking spaces.
E.Trees planted in front of the Wal-Mart shall be a minimum of 48' box.
6.Building elevations for the Wal-Mart only shall be in substantial conformance with that
shown on Exhibit E, and as amended by these conditions.
7.Colors and materials used in the construction of the Wal-Mart only shall be in
substantial conformance with that shown on Exhibit E (color elevations) and Exhibit
H (material board) and as amended by these conditions.
LOCATION MATERIAL COLOR
Main Building Stucco Frazee 4360 W
Accents stucco Frazee 4350 W
Accents Stucco Frazee 4342 M
Cap Trim Stucco Frazee 5423 M
Grille, Awning and Trim Metal Frazee 4995 A
Accent Tile Frazee 41 1 5 N
Base of Pilasters Sandblasted Concrete Sandblasted - Orco Med.
Block Weight, Black #100
Base of Pilaster Sandblasted Concrete Sandblasted - Orco Med.
Block Weight, Greys
Roof Clay Tile MCA Peach Buff F-
8.A minimum of 1 871 parking spaces shall be provided in accordance with Section
18.12, Riverside County Ordinance No. 348.
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9.Handicapped parking spaces shall be provided in accordance with Section 1 8.12 of
Ordinance No. 348.
10.Bicycle parking facilities shall be provided in accordance with Section 18.12 of
Ordinance No. 348.
11.The applicant shall submit development plans for all commercial, shops and pads with
the appropriate filing fee to the Planning Department for approval. Staff will review
all future projects of the commercial,shops and pads if the square footage of these
projects are within ten (10) percent of this approval, there are no alterations the
footprints on the site plan nor any alterations to the approved uses. Approvals for all
other proposals which are not within this ten (1 0) percent margin, including alterations
to the building footprints on the site plan or resulting in alterations of the approved
uses at the discretion of the Planning Director shall be approved by the Planning
Commission.
1 2.At the time of approval of each development plan, the Director of Planning shall
determine the extent of parking lot improvements and associated landscaping required
for each plan.
13.An additional twenty-four (24) foot wide, two-way, north-south trending drive aisle
shall be added to the site plan. Said drive aisle shall meet all of the requirements
under Ordinance No. 348 and all City of Temecula standards pertaining to parking lot
safety.
14.No more than a maximum of five (5) loading vehicles which are servicing the Wal-Mart
may be on the Wal-Mart parcel at one time.
PRIOR TO THE ISSUANCE OF THE FIRST BUILDING PERMIT AFTER WAL-MART:
15.The applicant will submit design guidelines forthe remainder of the site to the Planning
Department. These design guidelines shall include but not be limited to architectural
guidelines, guidelines for signage, pedestrian amenities (types), and a color palette for
exterior of buildings within the center. The design guidelines will be approved by the
Planning Commission.
WITHIN FORTY-EIGHT (48) HOURS OF THE APPROVAL OF THIS PROJECT:
1 6.The applicant/developer'shall deliver to the Planning Department a cashiers check or
money order payable to the County Clerk in the amount of Nine Hundred Dollars
($900.00) which includes the Eight Hundred, Fifty Dollar ($850.00) fee, in compliance
with AB 3158, required by Fish and Game Code Section 711.4(d)(3) plus the Fifty
Dollar ($50.00) 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 15094. 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).
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PRIOR TO THE ISSUANCE OF GRADING PERMITS:
17.Construction landscape plans shall be submitted for approval along with the
appropriate filing fee for landscaping within the right-of-way for Winchester Road and
Ynez Road.
18.The applicant shall comply with Ordinance No. 663 (SKR Mitigation) by paying the fee
required by that ordinance which is based on (the gross acreage of the parcels
proposed for development). Should Ordinance No. 663 be superseded by the
provisions of a Habitat Conservation Plan prior to the payment of the fees required by
Ordinance No. 663, the applicant shall pay the fee required under the Habitat
Conservation Plan as implemented by County ordinance or resolution.
19.The developer or his successor's interest shall submit a mitigation monitoring program
which shall describe how compliance with required mitigation measures will be met
and the appropriate monitoring timing of the mitigation. The applicant shall pay all
costs associated with review of the program, as well as, all monitoring activities.
20.The applicant shall demonstrate by submittal of a written report that all mitigation
measures identified in the Mitigation Monitoring Program have been satisfied for this
stage of the development.
PRIOR TO THE ISSUANCE OF BUILDING PERMITS:
21.Development plans and appropriate filing fee(s) for Pads 1 through 9, Shops 1 through
3 and Commercial 1 and 2 shall be submitted to the Planning Department for review
and approval. All development plans shall call out areas for bike racks, street
furniture, lighting and pedestrian amenities identified in the design guidelines for the
center.
22.Three (3) copies of Construction Landscaping, Irrigation, and Shading Plans shall be
submitted to the Planning Department for approval for Wal-Mart and shall be
accompanied by the appropriate filing fee. The location, number, genus, species, and
container size of the plants shall be shown. Said landscape plans shall be consistent
with the underlying Plot Plan and shall utilize drought tolerant materials.
23.Three (3) copies of Construction Landscaping, Irrigation, and Shading Plans shall be
submitted to the Planning Department for approval for each development for Pads 1
through 9, Shops 1 through 3 and Commercial 1 and 2 and shall be accompanied by
the appropriate filing fee. The location, number, genus, species, and container size of
the plants shall be shown. Said landscape plans shall be consistent with the
underlying Plot Plan and shall utilize drought tolerant materials.
24.Prior to the issuance of a building permit for Wal-Mart, the applicant shall submit a
construction phasing plan to the Planning and Public Works Department for review and
approval.
25.The applicant shall demonstrate by submittal of a written report that all mitigation
measures identified in the Mitigation Monitoring Program have been satisfied for this
stage of the development.
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PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS:
26.Prior to the occupancy of Wal-Mart:
A.All perimeter improvements along Ynez (approximately 37 feet from curb) and
Winchester (approximately 37 feet from curb) Roads shall be fully installed and
completed in conformance with the site plan marked Exhibit D and landscape
plans marked Exhibit N.
B.All major entries shall be installed and completed.
C.The applicant shall submit plans for the water feature along with appropriate
filing fee to the Planning for review and approval. The water feature shall be
installed and operational within six (6) months of occupancy of Wal-Mart.
27.An Administrative Plot Plan application for signage or a Sign Program shall be
submitted and approved by the Planning Director.
28.The courtyard between Pads 5 and 6 shall be completed prior to issuance of the
occupancy permit for Pad 5 or 6 (whichever requests occurs first), or as approved by
the Planning Director.
29.Roof-mounted equipment shall be inspected to ensure it is shielded from ground view.
30.All landscaped areas shall be planted in accordance with approved landscape,
irrigation, and shading plans.
31.All required landscape planting and irrigation shall have been installed and be in a
condition acceptable to the Director of Planning. The plants shall be healthy and free
of weeds, disease, or pests. The irrigation system shall be properly constructed and
in good working order.
32.A maintenance bond, in amounts to be determined by the Director of Planning, to
guarantee adequate maintenance of the Planting for one year, shall be filed with the
Department of Planning. Said bond shall be accompanied by a landscape maintenance
agreement.
33.Each parking space reserved for the handicapped shall be identified by a permanently
affixed reflectorized sig'n constructed of porcelain on steel, beaded text or equal,
displaying the International Symbol of Accessibility. The sign shall not be smaller than
70 square inches in area and shall be centered at the interior end of the parking space
at a minimum height if 80 inches from the bottom of the sign to the parking space
finished grade, or centered at a minimum height of 36 inches from the parking space
finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous
place, at each entrance to the off-street parking facility, not less than 1 7 inches by 22
inches, clearly and conspicuously stating the following:
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'Unauthorized vehicles not displaying distinguishing placards or
license plates issued for physically handicapped persons may be
towed away at owner's expense. Towed vehicles may be
reclaimed at or by telephone
In addition to the above requirements, the surface of each parking place shall have a
surface identification sign duplicating the Symbol of Accessibility in blue paint of at
least 3 square feet in size.
34.All of the foregoing conditions shall be complied with prior to occupancy or any use
allowed by this permit.
35.The applicant shall demonstrate by submittal of a written report that all mitigation
measures identified in the Mitigation Monitoring Program have been satisfied for this
stage of the development.
DEPARTMENT OF BUILDING AND SAFETY
36.The applicant shall comply with applicable provisions of the 1991 edition of the
Uniform Building, Plumbing and Mechanical; 1990 National Electrical Code; California
Administrative Code Title 24 Energy and Handicapped Regulations and the Temecula
Code.
37.Submit at time of plan review, a complete exterior site lighting plan in compliance with
Ordinance Number 655 for the regulation of light pollution.
38. Obtain street addressing for all proposed buildings prior to submittal for plan review.
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 correctly shows on the tentative site plan all existing and
proposed easements, traveled ways, improvement constraints and drainage courses, and their
omission may require the project to be resubmitted for further review and revision.
GENERAL REQUIREMENTS:
39.A Grading Permit for either rough or precise (including all onsite flat work and
improvements) construction shall be obtained from the Department of Public Works
prior to commencement of any construction outside of the City-maintained road right-
of-way.
40.An Encroachment Permit shall be obtained from the Department of Public Works prior
to commencement of any construction within an existing or proposed City
right-of-way.
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41.All improvement plans, grading plans, landscape and irrigation plans shall be
coordinated for consistency with adjacent projects and existing improvements
contiguous to the site.
PRIOR TO ISSUANCE OF GRADING PERMITS:
42.The Developer must comply with the requirements of the National Pollutant Discharge
Elimination System (NPDES) permit from the State Water Resources Control Board.
No grading shall be permitted until an NPDES Notice of Intent has been filed or the
project is shown to be exempt.
43.As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the following agencies:
San Diego Regional Water Quality;
Riverside County Flood Control and Water Conservation District;
Planning Department;
Department of Public Works;
Riverside County Health Department;
Caltrans;
Community Services District;
General Telephone;
Southern California Edison Company; and
Southern California Gas Company.
44.A Grading Plan shall be designed by a registered Civil Engineer and approved by the
Department of Public Works. The plan shall comply with the Uniform Building Code,
Chapter 70, City Standards, and as may be additionally provided for in these
Conditions of Approval.
45.A Soils Report prepared by a registered Soils Engineer shall be submitted to the
Department of Public Works with the initial grading plan check. The report shall
address all soils conditions of the site, and provide recommendations for the
construction of engineered structures and pavement sections.
46.A Geological Report shall be prepared by a qualified engineer or geologist and
submitted to the Department of Public Works with the initial grading plan check. The
report shall address special study zones and the geological conditions of the site, and
shall provide recommendations to mitigate the impact of ground shaking and
liquefaction.
47.An erosion control plans shall be prepared by a registered Civil Engineer and approved
by the Department of Public Works.
48.Permanent landscape and irrigation plans shall be submitted to the Planning
Department and the Department of Public Works for review.
49.The Developer shall post security and enter into an agreement guaranteeing the
grading and erosion control improvements in conformance with applicable City
Standards and subject to approval by the Department of Public Works.
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50.Graded but undeveloped land shall be maintained in a weedfree condition and shall be
either planted with interim landscaping or provided with other erosion control
measures as approved by the Department of Public Works.
51.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 and Water Conservation District prior to issuance of
permits. If the full Area Drainage Plan fee or mitigation charge has been already
credited to this property, no new charge needs to be paid.
52.The Developer shall obtain any necessary letters of approval or slope easements for
offsite work performed on adjacent properties as directed by the Department of Public
Works.
53.A drainage study shall be submitted to the Department of Public Works for review and
approval. The drainage study shall include, but not be limited to, the following criteria:
A.Drainage and flood protection facilities which will protect all structures by
diverting site runoff to approved storm drain facilities as directed by the
Department of Public Works. Onsite runoff shall be conveyed into the public
right-of-way to the extent practicable.
B.Adequate provision shall be made for the acceptance and disposal of surface
drainage entering the property from adjacent areas.
C.Identify and mitigate impacts of grading to any adjacent floodway.
D.The location of existing and post development 100-year floodplain and
floodway.
E.The existing drainage facilities for conveyance and mitigation of the runoff
cannot exceed 1900 cfs. Additional drainage facilities shall be provided to
mitigate any additional runoff due to this development; ie. construction of the
retention basin as proposed by the Campos Verdes Specific Plan.
54.A drainage easement shall be obtained from the affected property owners for the
release of concentrated or diverted storm flows onto the adjacent property. A copy of
the drainage easement shall be submitted to the Department of Public Works for
review prior to recordati -on. The location of the recorded easement shall be delineated
on the precise grading plan.
55.The Developer shall comply with all constraints which may be shown upon an
Environmental Constraint Sheet (ECS) recorded with any underlying maps related to
the subject property.
56.The long drive aisles in front of Wal-mart, in the parking lot, shall be split with at least
one additional north/south drive aisle as approved by the Department of Public Works.
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57.Private roads and Precise Grading Plans MUST be designed, reviewed, and approved
by the Department of Public Works to meet City Public Road Standards or otherwise
approved by the Department of Public Works. This should include but may not be
limited to:
A.Minimum paved road widths shall be 32 feet.
B.Knuckles being required at 90' 'bends' in the road.
C.Separation between on-site intersections shall meet current City Standards.
D.Minimum safe horizontal centerline radii shall be required.
E.900 parking immediately adjacent to the private streets shall be located a
minimum safe distance from intersections.
F.At entrances to the project, identify configuration, stacking distance, and turn-
around ability for review and approval by the Fire Department and the
Department of Public Works.
G.All intersections shall be perpendicular (900).
H.Concrete sidewalks shall be provided per City Standards as required.
58.The Developer shall accept and properly dispose of all off-site drainage flowing onto
or through the site. In the event the Department of Public Works permits the use of
streets for drainage purposes, the provisions of Section Xi of Ordinance No. 460 will
apply. Should the quantities exceed the street capacity, or use of streets be prohibited
for drainage purposes, the-Developer shall provide adequate facilities as approved by
the Department of Public Works.
59.The Developer shall protect downstream properties from damages caused by alteration
of the drainage patterns; i.e., concentration or diversion of flow. Protection shall be
provided by constructing adequate drainage facilities, including enlarging existing
facilities or by securing a drainage easement.
60.A drainage easement shall be obtained from the affected property owners for the
release of concentrated or diverted storm flows onto the adjacent property. A copy
of the drainage easement shall be submitted to the Department of Public Works for
review prior to recordation. The location of the recorded easement shall be delineated
on the grading plan.
61.An Encroachment Permit shall be required from Caltrans for any work within their
right-of-way.
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PRIOR TO THE ISSUANCE OF ENCROACHMENT PERMITS:
62.Improvement plans prepared by a registered Civil Engineer and approved by the
Department of Public Works shall be required for all public streets prior to issuance of
an Encroachment Permit. Final plans and profiles shall show the location of exiting
utility facilities, street lights, and parkway trees within the right-of-way as directed by
the Department of Public Works.
63.The following criteria shall be observed in the design of the improvement plans and/or
precise grading plans to be submitted to the Department of Public Works:
A.Flowli ne grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over
A.C. paving or as otherwise approved by the Department of Public Works.
B.Driveways shall conform to the applicable City Standard Nos. 207/207A and
401 (curb and sidewalk).
C.Street lights shall be designed along the public streets adjoining the site in
accordance with Ordinance 461 and shall be shown on the improvement plans
as directed by the Department of Public Works.
D.Meandering concrete sidewalks and associated parkway improvements shall be
designed and approved by the Planning Department and the Community
Services District along Ynez and Winchester Roads in accordance with City
Standard Nos. 400 and 401.
E.Improvement plans shall extend 300 feet beyond the project boundaries or as
otherwise approved by the Department of Public Works.
F.All street and driveway centerline intersections shall be at 90 degrees or as
approved by the Department of Public Works.
G.Public Street improvement plans shall include plan profiles showing existing
topography and utilities, and proposed centerline, top of curb and flowline
grades as directed by the Department of Public Works.
H.Landscaping shall be limited in the corner cut-off area of all intersections and
adjacent to driveways to provide for minimum sight distance and visibility.
1.All concentrated drainage from the site shall be directed to an underground
storm drain system.
64.A Traffic Control Plan shall be prepared by a registered Civil Engineer, and approved
by the Department of Public Works. Where construction on existing City streets is
required, traffic shall remain open at all times and the traffic control plan shall provide
for adequate detour during construction.
65.A signing and striping plan shall be prepared by a registered Civil Engineer and
approved by the Department of Public Works for Winchester Road and Ynez Road and
shall be included in the street improvement plans.
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66.Plans for traffic signals shall be prepared by a registered Civil Engineer, and approved
by the Department of Public Works for the following intersections and shall be
included in the street improvement plans;
Southerly access to the project from Ynez Road
Easterly access to the project from Winchester Road
Upgrade the existing traffic signal at the northerly access to the project on Ynez
Road aligned with Palm Plaza entrance
67.Traffic signal interconnection shall be prepared by a registered Civil Engineer to show
2" rigid metal conduit with pull rope, and #5 pull boxes on 200-foot centers along
Winchester Road, Margarita Road, and Ynez Road. This design shall be shown on the
street improvement plans and must be approved by the Department of Public Works.
68.Prior to designing any of the above plans, contact the Department of Public Works for
the design requirements.
69.Bus bays and shelters shall be designed at all existing and proposed bus stops as
directed by the Department of Public Works.
70.Easements for sidewalks for public uses shall be submitted to and approved by the
Department of Public Works for dedication to the City where sidewalks meander
through private property.
71.All required fees shall be paid.
72.The Developer 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 and subject to approval by the Department of Public
Works.
a.Street improvements, which may include, 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 (streets and parks).
d.Sewer and domestic wat er systems.
e.All trails, as required by the City's Master Plans.
f.Undergrounding of proposed utility distribution lines.
9. Erosion control and slope protection.
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73.All utility systems including gas, electric, telephone, water, sewer, and cable TV shall
be undergrounded, 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.
74.All utilities, except electrical lines rated 33kv or greater, shall be installed underground.
75.Corner property line cut off shall be required per Riverside County Standard No. 805.
76.All conditions of the grading permit and encroachment permit shall be complied with
to the satisfaction of the Public Works Department.
PRIOR TO ISSUANCE OF BUILDING PERMIT:
77.Apricot Road shall be vacated.
78.As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the following agencies:
Riverside County Fire Department;
Planning Department;
Department of Public Works; and
Riverside County Flood Control and Water Conservation District.
79.All necessary construction or encroachment permits have been
submitted/accomplished to the satisfaction of the Department of Public Works.
80.All building pads 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.
81.The Developer shall deposit with the Engineering Department a cash sum as
established per acre as mitigation for traffic signal impact.
82.The Developer shall notify the City's cable TV Franchises of the intent to develop.
Conduit shall be installed to cable TV standards.
83.The Developer shall pay any capital fee for road improvements and public facilities
imposed upon the property or project, including that for traffic and public facility
mitigation as required under the EIR/Negative Declaration for the project. The fee to
be paid shall be in the amount in effect at the time of payment of the fee. If an
interim or final public facility mitigation fee or district has not been finally established
by the date on which The Developer requests its building 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 the Developer. Concurrently, with
executing this Agreement, the Developer shall post a bond to secure payment of the
Public Facility fee. The amount of the bond shall be $2.00 per square foot, not to
exceed $10,000. The Developer understands that said Agreement may require the
payment of fees in excess of those now estimated (assuming benefit to the project in
the amount of such fees). By execution of this Agreement, the Developer will waive
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any right to protest the provisions of this Condition, of this Agreement, the formation
of any traffic impact fee district, or the process, levy, or collection of any traffic
mitigation or traffic impact fee for this project; provided that the Developer is not
waiving its right to protest the reasonableness of any traffic impact fee, and the
amount thereof.
PRIOR TO ISSUANCE OF CERTIFICATION OF OCCUPANCY:
84.A Transportation Demand Management program will be required.
85,All Conditions of Approval as part of the underlying Parcel Map 27323 shall be
complied with to the satisfaction of the Department of Public Works.
86.All necessary onsite improvements shall be provided. Future proposed construction
phasing, upon submittal, shall be reviewed to adequately mitigate circulation and
drainage concerns to the satisfaction of the Department of Public Works.
87.As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the following agencies:
San Diego Regional Water Quality
Rancho California Water District
Eastern Municipal Water District
Riverside County Flood Control and Water Conservation District
City.of Temecula Fire Bureau
Planning Department
Department of Public Works
Riverside County Health Department
Cable TV Franchise
Caltrans
Community Services District
General Telephone
Southern California Edison Company
Southern California Gas Company
Fish & Game
Army Corps of Engineers
88.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.
89.Winchester Road, from Margarita Road to Murrieta Hot Springs Road, shall be fully
improved within a 134 foot full width dedicated right-of-way as per the Assessment
District 161 plans including a 14 foot wide raised median in accordance with City
Standard No.100A. Additional right-of-way shall be dedicated to provide for the
proposed deceleration lane at the right in driveway. These improvements are subject
to Caltrans' approval.
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90.Ynez Road, from Overland Drive to Rancho California Road, shall be fully improved
within a 134 foot full width dedicated right-of-way as per Community Facilities District
88-1 2 plans including a 14 foot wide raised, landscaped median, in accordance with
City Standard No. 1 OOA and as approved by the Planning Department, the Community
Services District, and the Department of Public Works.
91.Landscaping shall be limited in the corner cut-off area of all intersection and adjacent
to driveways to provide for minimum sight distance as directed by the Department of
Public Works.
92.The Developer shall reimburse the City for the existing improvements along Margarita
Road for the portion between from Winchester Road to Solana Way, since these
improvements mitigate the traffic requirements of the proposed project. These
improvements were recently provided by the City's Capital Improvement Project.
93.Vehicular access shall be restricted on Winchester Road and Ynez Road with the
exception of access as shown on the approved site plan or as approved by the
Department of Public Works.
94.Adequate signing and striping shall be provided for Winchester Road and Ynez Road,
as approved by the Department of Public Works.
95.Traffic signals shall be installed for the following intersections;
Winchester Road and Nicholas Road
Winchester Road and Murrieta Hot Springs Road
Southerly access to the project from Ynez Road
Easterly access to the project from Winchester Road
Upgrade the existing traffic signal at the northerly access to the site on Ynez
Road aligned with Palm Plaza entrance
96.Traffic signal interconnection with shall be installed along Winchester Road, Margarita
Road, and Ynez Road as approved by the Department of Public Works.
97.Bus bays and shelters shall be provided at all existing and future bus stops as
determined by the Department of Public Works.
98.Easements for sidewalks for public uses shall be dedicated to the City where sidewalks
meander through private property.
99.Easements, when required for roadway slopes, landscape easements, drainage
facilities, utilities, etc., shall be recorded if they are located within the site boundary.
All offers of dedication and conveyances shall be submitted for review and recorded
as directed by the Department of Public Works. On-site drainage facilities located
outside of road right-of-way shall be contained within drainage easements; drainage
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easements shall be kept free of buildings and obstructions.
100.A declaration of Covenants, Conditions and Restrictions (CC&R's) shall be prepared
by the Developer and submitted to the Director of Planning, City Engineer, and City
Attorney. The CC&R's shall be signed and acknowledged by all parties having any
record title interest in the property to be developed, shall make the City a party
thereto, and shall be enforceable by the City. The CC&R's shall be reviewed and
approved by the City and recorded. The CC&R's shall be submitted to the following
Engineering conditions:
A.The CC&R's shall be prepared at the Developer's sole cost and expense.
B.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.
C.The CC&R's and Articles of Incorporation of the Property Owner's Association
are subject to the approval of Planning, Department of Public Works, and the
City Attorney. They shall be recorded prior to issuance of building permit. A
recorded copy shall be provided to the City.
D.The CC&R's shall provide for the effective establishment, operation,
management, use, repair and maintenance of all common areas, drainage and
related facilities.
E.The CC&R's shall provide that the property shall be developed, operated and
maintained so as not to create a public nuisance.
F.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, on-site slopes and landscaping shall be
permanently maintained by the association or other means acceptable
to the City. Such proof of this maintenance shall be submitted to
Planning and the Department of Public Works prior to issuance of
building permit.
(2)Reciprocal access easement and parking and maintenance agreements
ensuring access to all parcels and joint maintenance of all roads, drives
or parking areas, private storm drain, sewer, water facilities and all other
utilities shall be provided by CC&R's or by deeds and shall be recorded
prior to the issuance of building permit.
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101.All improvements shall be constructed and completed per the approved plans, and City
standards, including but not limited to, curb and gutter, A.C. pavement, sidewalk,
drive approaches, drainage facilities, parkway trees and street lights on all interior
public streets, signing, striping, traffic signal interconnect, traffic signals, median
reconstruction, and existing facilities.
102.The Developer shall provide 'stop' controls at the intersection of local and private
streets with arterial streets as directed by the Department of Public Works.
1 03.32 foot private interior circulation roads shall be constructed as approved by the
Department. of Public Works.
104.Asphaltic emulsion (fog seal) shall be applied only as directed by the Department of
Public Works 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.
TEMECULA COMMUNITY SERVICES DEPARTMENT (TCSD)
105.Exterior slopes contiguous to public streets that are adjacent to commercial
development shall be maintained by an established Commercial Property Owner's
Association.
OTHER AGENCIES
106.Water and sewerage disposal facilities shall be installed in accordance with the
provisions set forth in the Riverside County Health Department's transmittal dated
April 5, 1993, a copy of which is attached.
107.Flood protection shall be provided in accordance with the Riverside County Flood
Control District's transmittal dated April 26, 1993, a copy of which is attached.
108.Fire protection shall be provided in accordance with the appropriate section of
Ordinance No. 546 and the County Fire Warden's transmittal dated March 23, 1 993,
a copy of which is attached.
109.The applicant shall comply with the recommendations set forth in the Eastern
Information Center, Department of Anthropology, University of California transmittal
dated November 21, 19 93, a copy of which is attached.
110.The applicant shall comply with the recommendations set forth in the Riverside Transit
Agency transmittal dated November 1 9, 1993, a copy of which is attached.
111.The applicant shall comply with the recommendations set forth in the State of
California Department of Transportation transmittal dated April 1 3, 1 993, a copy of
which is attached.
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