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HomeMy WebLinkAbout93-059 CC Resolution RESOLUTION NO. 93-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING TENTATIVE PARCEL MAP NO. 27323, AMIENDMENT NO. 4 TO SUBDIVIDE 58.1 ACRES INTO 13 COMMERCIAL AND 2 REMAINDER PARCELS AT THE SOUTHEAST CORNER OF YNEZ AND WINCHESTER ROADS AND KNOWN AS A PORTION OF ASSESSOR'S PARCEL NUMBERS 910-130-046 AND 910-130- 047. WHEREAS, Kemper Real Estate Management Company filed Tentative Parcel Map No. 27323, 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 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 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 Tentative Parcel Map 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 Tentative Parcel Map; WHEREAS, the City Council considered said Tentative Parcel Map on July 13, 1993, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Council hearing, the Council approved said Tentative Parcel Map; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Findin@s. That the Temecula City Council hereby makes the following findings: Resos 93-59 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 Tentative Parcel Map 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 Planning Commission finds, in recommending approval 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 Tentative Parcel Map No. 27323, 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. Resos 93-59 2 b. There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. C. The proposed use or action complies with all other applicable requirements of state law and local ordinances. D. Pursuant to Section 7.1 of County Ordinance No. 460, no subdivision may be approved unless the following findings are made: 1. That the proposed land division is consistent with applicable general and specific plans. 2. That the design or improvement of the proposed land division is consistent with applicable general and specific plans. 3. That the site of the proposed land division is physically suitable for the type of development. 4. That the site of the proposed land division is physically suitable for the proposed density of the development. 5. That the design of the proposed land division or proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. 6.That the design of the proposed land division or the type of improvements are not likely tocause serious public health problems. 7. 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 judgment of a court of competent jurisdiction. E. The Council in approving of the proposed Tentative Parcel Map, makes the following findings, to wit: 1. There is a reasonable probability that Tentative Parcel Map No. 27323, Amendment No. 4 will be consistent with the City of Temecula's future General Plan, which will be completed in a reasonable time and in accordance with State Law. Tentative Parcel Map No. 27323, Amendment No. 4 conforms with existing applicable city zoning ordinances, Resos 93-59 3 development standards, and Specific Plan No. 263. 2. There is not a likely probability of substantial detriment to, or interference with the City's future General Plan, since the project is consistent with Specific Plan No. 263 and surrounding developments to the north and west. 3. The proposed subdivision complies with State Planning and Zoning laws. Reference local Ordinance No. 348, Ordinance No. 460 and California Governmental Code Section(s) 65,000-66,009 (Planning and Zoning Law). 4. Tentative Parcel Map No. 27323, Amendment No. 4 is consistent with the proposed Specific Plan No. 263 in that the project is an commercial subdivision which is consistent with the land use designation of RCC (Retail Commercial Core) and the zoning for Planning Area 2 contained within the Specific Plan. Tentative Parcel Map No. 27323, Amendment No. 4 is consistent with the proposed zoning for the site (C-P-S) which has no minimum lot size requirement. 5. The Planning Commission has considered the effect of its action upon the housing needs of the region and has balanced these needs against the public service needs of the residents and available fiscal and environmental resources (Government Code Section 66412.3) and find that the project is consistent with SWAP and the future General Plan. Additionally, since the project is a commercial subdivision, it will provide possible job opportunities which will benefit the job/housing balance in the City. 6. The proposed project is consistent with Specific Plan No. 263 and Environmental Impact Report No. 340. EIR No. 340 indicated that even after feasible mitigation measures were incorporated into the project, substantial impacts would remain. The City Council in certifying EIR No. 340 will have to adopt Statements of Overriding Consideration establishing the benefits of the project over the remaining unmitigatable impacts. 7. Theprojecthasacceptableaccessbymeansofdedicatedright-of-way. The project as designed and conditioned provides access to all buildable lots. 8. The design of the subdivision provides to the extent feasible, for future passive or natural heating or cooling opportunities (Government Code Section 66473. 1) by providing design and zoning standards for natural heating and cooling within Specific Plan No. 263. 9. The site of the proposed land division is physically suitable for this type of project in that the development of the site will not create major slope conditions and that access and infrastructure can be provided to the site as shown in Specific Plan No. 263, EIR no. 340 and as conditioned. 10.The design of the proposed subdivision and type of improvements are not Resos 93-59 4 likely to cause serious public health problems. The project is consistent with Specific Plan No. 263 and EIR No. 340 which did not indicate any serious public health problem would result from the proposed development. F. As conditioned pursuant to Section 3, the Tentative Parcel Map is compatible with the health, safety and welfare of the community. 1. Section 2. Environmental Compliance. Environmental Impact Report No. 340 was completed for Specific Plan No. 263. Tentative Parcel Map No. 27323, 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. II. Section 3. Conditions. That the City of Temecula City Council hereby approves Tentative Parcel Map No. 27323, Amendment No. 4 for the subdivision of a 58. i acres into 13 commercial and 2 remainder parcels at the southeast comer of Ynez and Winchester Roads and known as Assessor's Parcel No(s). 910-130-0456 and 910-130-047 subject to the following conditions: 11.111. A. Exhibit A, 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. J.Sal @Roz, Niayor ATTEST: Ju@.-6reek, City Cleyk [SEAL] Resos 93-59 5 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the 13th day of July, 1993 by the following vote of the Council: AYES: 3 COUNCILMEMBERS: Birdsall, Parks, Roberts NOES: 2 COUNCILMEMBERS: Mufioz, Stone ABSENT: 0 COUNCILMEMBERS: None June S. Greek, City Clerk Resos 93-59 6 CITY OF TEMECULA AMENDED CONDITIONS OF APPROVAL Tentative Parcel Map No. 27323, Amendment No. 4 Project Description: A 13 parcel commercial subdivision with two remainder parcels of 58.1 acres at the southeast corner Ynez and Winchester Roads. Assessor's Parcel No(s): 910-130-046, 047 Approval Date: Expiration Date: PLANNING DEPARTMENT GENERAL REQUIREMENTS: 1 .The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance No. 460, unless modified by the conditions listed below. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. 2.The subdivider shall 'defend, indemnify, and hold harmless the City of Temecula, its agents ' officers and employees from any claim, action, or proceeding against the City of Temecula, its advisory agencies, appeal boards, or legislative body concerning Tentative Parcel Map No. 27323, Amendment No. 4, 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 defence. 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. 3.if Subdivision phasing is proposed, a phasing plan shall be submitted to and approved by the Planning Director. 4.This project and all subsequent projects within this site shall be consistent with Specific Plan No. 263. 5.The project and all subsequent projects within this site shall comply with all mitigation measures identified within EIR No. 340 and the Mitigation Monitoring Program approved for EIR No. 340. 6.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. R:\S\STAFFRPT\243PP.CC 7/l/93 ldb 46 PRIOR TO ISSUANCE OF GRADING PERMITS: 7.A copy of the Rough Grading plans shall be submitted and approved by the Planning Director. 8.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. 9.A qualified vertebrate paleontologist shall resurvey the site and develop a Paleontologic Resource Impact Mitigation Monitoring Program prior to issuance of grading permits. The qualified Paleontologist shall be retained to perform periodic inspections of excavations and, if necessary, salvage exposed fossils. The frequency of inspections will depend on the rate of excavation, the materials being excavated, and the abundance of fossils. The Program shall be consistent with the Mitigation Monitoring Program for EIR No. 340. 10.A soil sampling and chemical analysis program shall be completed to determine if near surface soil contains hazardous substances in excess of EPA limits. In the event that any hazardous materials are found on-site, qualified authorities shall be immediately contacted to determine the proper disposal of the hazardous materials. 11.The applicant shall demonstrate, by submittal of a written report, that all mitigation measures identified in the Mitigation Monitoring Program have been satisfied for this stage of the development. PRIOR TO RECORDATION OF THE FINAL MAP: 1 2. The following shall be submitted to and approved by the Planning Director: A.A copy of the Final Map B.A copy of the Rough Grading Plans C.A copy of the Environmental Constraint Sheet (ECS) with the following notes: (1)This property is located within thirty (30) miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory recommendations, Ordinance No. 655. (2)Environmental Impact Report (EIR) No. 340 was prepared for this project and is on file at the City of Temecula Planning Department. (3)This project is within a 1 00 year flood hazard zone. (4) This project is within a liquefaction hazard zone. R:\S\STAFFRPT\243PP.CC 7/l/93 klb 47 (5)This project is within a Subsidence Zone. D.A copy of the Recorded Easement Agreements (REA's) (1)REA's shall be reviewed and approved by the Planning Director. The REA's shall include liability insurance and methods of maintaining parking areas, private roads, exterior of all buildings and all landscaped and open areas including parkways. The REA shall provide for shared parking, shared ingress and egress, and master drainage and flood control. (2)No lot or dwelling unit in the development shall be sold unless a corporation, association, property owner's group or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded REA'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 REA's shall permit enforcement by the City for provisions required as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the city prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. (3)Every owner of a dwelling unit or lot shall own as an appurtenance to such dwelling unit or lot, either (1) an undivided interest in the common areas and facilities, or (2) a share in the corporation, or voting membership in an association owning the common areas and facilities. 13.The applicant shall demonstrate by a written report that all mitigation measures identified in the Mitigation Monitoring Program have been satisfied for this stage of the development. PRIOR TO ISSUANCE OF BUILDING PERMITS: 14.The applicant shall demonstrate by a written report that all mitigation measures identified in the Mitigation Monitoring Program have been satisfied for this stage of the development. PRIOR TO ISSUANCE OF OCCUPANCY PERMITS: 15.All the Conditions of Approval shall be complied with to the satisfaction of the Directors of Planning, Public Works, Community Services and Building and Safety. R:\S\STAFFRPT\243PP.CC 7/1193 ldb 48 1 6.The applicant shall demonstrate by a written report that all mitigation measures identified in the Mitigation Monitoring Program have been satisfied for this stage of the development. 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. GENERAL REQUIREMENTS: 17.It is understood that the Developer correctly shows on the tentative map or 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. 1 8.A Grading Permit for either rough or precise (including all on-site flat work and improvements) grading shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained road right- of-way. 19.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. 20.All improvement plans, grading plans, landscape and irrigation plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site. 21.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. PRIOR TO ISSUANCE OF GRADING PERMITS: 22.The final grading plan shall be prepared by a Registered Civil Engineer and shall be reviewed and approved by the Department of Public Works. 23.The Developer must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent (NOI) has been filed or the project is shown to be exempt. 24.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 R:\S\STAFFRPT@243PP.CC 7/l/93 Idb 49 Riverside County Health Department Caltrans Community Services District General Telephone Southern California Edison Company Southern California Gas Company 25.A Soils Report prepared by a registered Soils Engineer shall be submitted to 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. 26.A Geological Report shall be prepared by a qualified engineer or geologist and submitted to the Department of Public Works with the initial grading plans. 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. 27.An erosion control plan in accordance with City Standards shall be prepared by a registered Civil Engineer and submitted to the Department of Public Works for review and approval. 28.Graded but undeveloped land shall be maintained in a weed free condition and shall be either planted with interim landscaping or provided with other erosion control measures as approved by the Department of Public Works. 29.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. 30.A flood mitigation charge shall be paid. The charge shall equal the prevailing Area Drainage Plan fee rate multiplied by the area of new development. The charge is payable to the Riverside County Flood Control and Water Conservation District prior to issuance of permits. If the full Area Drainage Plan fee or mitigation charge has already been credited to this property, no new charge needs to be paid. 31.The Developer shall obtain any necessary letters of approval or easements for any off- site work performed on adjacent properties as directed by the Department of Public Works at no cost to any agency. 32.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. R:\S\STAFFRPT\243PP.CC 7/l/93 ldb 50 C.Identify and mitigate impacts of grading to any adjacent floodway. D.The location of existing and post development 100-year floodplain and floodway shall be shown on the improvement plan. 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; i.e. construction of the retention basin as proposed by the Campos Verdes Specific Plan. 33.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.90' parking immediately adjacent to the private streets shall be located a minimum safe distance from intersections. F.At entrances to 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 (90'). H.Concrete sidewalks shall be provided per City Standards as required. 34.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. 35.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. R:\S\STAFFRPT\243PP.CC 7/l/93 kJb 51 36.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. 37.An Encroachment Permit shall be required by Caltrans for any work within their right- of-way. PRIOR TO THE ISSUANCE OF ENCROACHMENT PERMITS: 38.Improvement plans, including but not limited to, streets, parkway trees, street lights, driveways, drive aisles, parking lot lighting, drainage facilities and paving shall be prepared by a Registered Civil Engineer on 24" x 36" mylar sheets and approved by the Department of Public Works. Final plans (and profiles on streets) shall show the location of existing utility facilities and easements as directed by the Department of Public Works. 39.The following criteria shall be observed in the design of the improvement plans to be submitted to the Department of Public Works: A.Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving or as otherwise approved by the Department of Public Works. B.Driveways shall conform to the applicable City Standard Nos. 207, 207A, 208, and 401 (curb and sidewalk). C.Street lights shall be designed along the public streets adjoining the site in accordance with Ordinance No. 461 and shall be shown on the improvement plans as directed by the Department of Public Works. D.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. R:\S\STAFFRPT\243PP.CC 7/l/93 Idb 52 1.All concentrated drainage from the site shall be directed to an underground storm drain system. 40.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. 41.All utilities, except electrical lines rated 33kv or greater, shall be installed underground. 42.All conditions of the grading permit and encroachment permit shall be complied with to the satisfaction of the Public Works Department. 43.A construction area traffic control plan shall be designed by a registered Civil Engineer and reviewed by the Department of Public Works for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. PRIOR TO RECORDATION OF FINAL MAP: 44.Apricot Road shall be vacated on the final Map. 45.Any delinquent property taxes shall be paid. 46.The Developer shall construct or post security and enter into an agreement guaranteeing the construction of the following public/private improvements within 18 months in conformance with applicable City Standards and subject to approval by the Department of Public Works. A.Street improvements, which may include, but are not limited to: pavement, curb and gutter, sidewalks, drive approaches, street lights, signing, traffic signals and other traffic control devices as appropriate. B.Storm drain facilities. C.Landscaping (slopes and parkways). D.Erosion control and slope protection. E.Sewer and domestic water systems. F.All trails, as required by the City's Master Plans. G.Undergrounding of proposed utility distribution lines. 47.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 R:\S\STAFFRPT\243PP.CC 7/1193 kib 53 Riverside County Flood Control and Water Conservation District City of Temecula Fire Bureau Planning Department 0Department of Public Works 0Riverside County Health Department 0Cable TV Franchise 0Caltrans 0Community Services District 0General Telephone Southern California Edison Company Southern California Gas Company Fish & Game Army Corps of Engineers 48.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. 49.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, prior to submittal of the final map for recordation, enter into an agreement to complete the improvements pursuant to the Subdivision Map Act, Section 66462 and Section 66462.5. Such agreement shall provide for payment by the Developer of all costs incurred by the City to acquire the off-site property interests required in connection with the subdivision. Security of a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the Developer, at the Developer's cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. 50.Vehicular access shall be restricted on Winchester Road and Ynez Road and so noted on the final map with the exception of access as shown on the approved site plan or as approved by the Department of Public Works. 51.A signing and striping plan shall be prepared a registered Civil Engineer and approved by the Department of Public Works for Winchester Road and Ynez Road shall be included in the street improvement plans. 52.Plans for traffic signals and associated street improvements 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 R:\S\STAFFRPT\243PP.CC 7/l/93 Idb 54 53.Traffic signal interconnection plan 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 and Ynez Road. This design shall be shown on the street improvement plans and must be approved by the Department of Public Works. 54.Prior to designing any of the above plans, contact the Department of Public Works for the design requirements. 55.Bus bays and shelters shall be designed and approved at all existing and future bus stops as determined by the Department of Public Works. 56.An agreement to secure the implementation of a Transportation Demand Management program shall be executed. 57.Corner property line cut off shall be required per Riverside County Standard No. 805. 58.Easements for sidewalks for public uses shall be dedicated to the City where sidewalks meander through private property. 59.Easements, when required for roadway slopes, landscape easements, drainage facilities, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted for review and recorded as directed by the Department of Public Works. On-site drainage facilities located outside of road right-of-way shall be contained within drainage easements and shown on the final map. A note shall be added to the final map stating 'drainage easements shafl be kept free of buildings and obstructions. ' 60.The Developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet recorded with any underlying maps related to the subject property. 61.The Developer shall deposit with the Department of Public Works a cash sum as established, per acre, 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. 62.The Developer shall notify the City's cable TV Franchises of the Intent to develop. Conduit shall be installed to cable TV Standards at time of street improvements. 63.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. R:\S\STAFFRPT\243PP.CC 7/l/93 klb 55 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 reasonably necessary to protect the interest of the City and its residents. C.The CC&R's are subject to the approval of Planning, Department of Public Works, and the City Attorney. They shall be recorded concurrent with the final map. A recorded copy shall be provided to the City. 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 Developer or a manager designated by the Developer and/or other owners subject to the CC&R's or other means reasonably acceptable to the City. Such proof of this maintenance shall be submitted to Planning and the Department of Public Works prior to issuance of building permits. (2)Reciprocal access easements 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 concurrent with the map. PRIOR TO ISSUANCE OF BUILDING PERMITS: 64.A precise grading plan shall be submitted to the Department of Public Works for review and approval. The building pad shall be certified by a registered Civil Engineer for location and elevation, and the Soils Engineer shall issue a Final Soils Report addressing compaction and site conditions. 65.Grading of the subject property shall be in accordance with the Uniform Building Code, the approved grading plan, the conditions of the grading permit, City Grading Standards and accepted grading construction practices. The final grading plan shall be in substantial conformance with the approved rough grading plan. fi:\S\STAFFRPT\243PP.CC 7/l/93 klb 56 66.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 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 $1 0,000. The Developer understands that said Agreement may require the payment of fees in excess of those now estimated (assuming benefit to the project in the amount of such fees). By execution of this Agreement, the Developer will waive any right to protest the provisions of this Condition, of this Agreement, the formation of any traffic impact fee district, or the process, levy, or collection of any traffic mitigation or traffic impact fee for this project; provided that the Developer is not waiving its right to protest the reasonableness of any traffic impact fee, and the amount thereof. PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: 67.A Transportation Demand Management program will be required. 68.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. 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 70.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. R:\S\STAFFRPT\243PP.CC 711/93 Idb 57