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HomeMy WebLinkAbout03_028 PC ResolutionPC RESOLUTION NO. 2003-028 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA03-0214, A SUBSTANTIAL CONFORMANCE FOR TRACT MAP NO. 23209, TO MODIFY CONDITIONS OF APPROVAL 31 AND 110, GENERALLY LOCATED WEST OF BUTFERFIELD STAGE ROAD AND NORTH OF RANCHO CALIFORNIA AND KNOWN AS ASSESSORS PARCEL NO.S 914-310-018 THROUGH 032 WHEREAS, Shea Homes, filed Planning Application No. PA03-0214 (Substantial Conformance), in a manner in accord with the City of Temecula General Plan, Development Code and Subdivision Ordinance; WHEREAS, the Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission, at a regular meeting, considered the Application on May 7, 2003, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter; WHEREAS, at the conclusion of the Commission hearing and after due consideration of the testimony, the Commission recommended approval of the Application subject to and based upon the findings set forth hereunder; WHEREAS, all legal preconditions to the adoption of this Resolution have occurred. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Findinqs The Planning Commission, in approving the Application hereby makes the following findings as required by Sections Section Tract Map 16.09.070 of the Temecula Municipal Code: 1. The proposed subdivision and the design and improvements of the subdivision are consistent with the Subdivision Ordinance, Development Code, General Plan, and the City of Temecula Municipal Code; Staff has reviewed the proposal and finds that Parcel Map No. 23209 is consistent with the General Plan, the Subdivision Ordinance, the Development Code, and the Municipal Code. R:\SUB CONFORMANCES.003\03-0214 23209\FINAL RESO AND COA's.doc 1 2. The tentative map does not divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965, or the land is subject to a Land conservation Act contract but the resulting parcels following division of the land will not be too small to sustain their agricultural use; The proposed land division is not land designated for conservation or agricultural use. 3. The site is physically suitable for the type and proposed density of development proposed by the tentative map; The project consists of a Tract Map on property designated for Residential Dwellings, which is consistent with the General Plan, as well as, the development standards for the Low Medium Density residential zoning designation. 4. The design of the subdivision and the proposed improvements, with conditions of approval, are not likely to cause significant environmental damage or substantially and avoidable injure fish or wildlife or their habitat; The project has been reviewed by the Army Corps of Engineers and the California Department of Fish and Game to insure that this subdivision will not cause significant environmental damage or cause substantial injury to fish or wlTdlife or their habitat. The CEQA Guidelines Section 15162 provides and exemption for projects where a previous Negative declaration has been adopted. The usage of this exemption indicates that the impacts are not likely to cause significant damage to the environment. 5. The design of the subdivision and the type of improvements are not likely to cause serious public health problems; The project has been reviewed and commented on by the Fire Safety Division and the Building Safety Division. As a result, the project will be conditioned to address their concerns. Further, provisions are made in the General Plan and the Development Code to ensure that the public health, safety and welfare are safeguarded. The project is consistent with these documents. 6. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible; There are solar possibilities available to the tentative parcel map; however, the applicant has not submitted any information in regard to solar possibilities. 7. The design of the subdivision and 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 subdivision, or the design of the alternate easements which are substantially equivalent to those previously acquired by the public will be provided; The Public Works Department, who expressed no concerns regarding potential conflicts with easements or accesses, reviewed the proposed division of land. R:\SUB CONFORMANCE\2003\03-0214 23209\FINAL RESO AND COA's.doc 2 8. The subdivision is consistent with the City's parkland dedication requirements (Quimby); The applicant is responsible for payment of fees, which will address the City's parkland dedication requirements. Section 3. Environmental Compliance. The project will have no significant environmental impacts and has been found to be consistent with a previously adopted Mitigated Negative Declaration, Pursuant to Section 15162 of the California Environmental Quality Act. Section 4. Conditions That the City of Temecula Planning Commission hereby conditionally approves the Application, a request to modify Conditions of Approval 31 and 110, set forth on Exhibit A, attached hereto, and incorporated herein by this reference together with any and all necessary conditions that may be deemed necessary. Section5. PASSED, APPROVED AND Planning Commission this 7th day of May 2003. ATTEST: Debbie Ubnoske, Secfe_tary .[$H --. ST,.,A,T.E. OF-CALl FO~F~iA ) CdU~3'%:eFBJV:E~$~DE ) ss CITY 0 F-.;T .E M ~C~U ~L~A ) ADOPTED by the City of Temecuia ~eennis Chiniaeff, Chairperson I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 2003-028 was duly and regularly adopted b~v the Planning Commission of the City of Temecula at a regular meeting thereof held on the 7"' day of May, 2003, by the following vote of the Commission: AYES: 5 PLANNING COMMISSIONERS: Chiniaeff, Guerriero, Mathewson, Olhasso, Telesio NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 0 PLANNING COMMISSIONERS: None ABSTAIN: 0 PLANNING COMMISSIONERS: None Debbie Ubnoske, Secretary R:\SUB CONFORMANCES.003\03-0214 23209\FINAL RESO AND COA's.doc 3 EXHIBIT A CONDITIONS OF APPROVAL R:\SUB CONFORMANCES?.003\03-0214 23209\FINAL RESO AND COA's.doc 4 EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL AMENDED FINAL COPY (As modified as a part of Planning Application No. PA03-0214) Tentative Tract Map No: 23209 Project Description: 221 Lot residential subdivision on 80 acres, zoned LM (Low Medium Density Residential). Assessor's Parcel No.: 914-310-018 through 032 PLANNING DEPARTMENT The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance 460, Schedule A, unless modified by the conditions listed below. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. This conditionally approved tentative map will expire two years after the approval date, unless extended as provided by Ordinance 460. The expiration date is June 9, 2002. 3. Any delinquent property taxes shall be paid prior to recordation of the final map. Legal paved access as required by Ordinance 460 and the Department of Public Works shall be provided from the tract map boundary to a City maintained road. Subdivision phasing, including any proposed common open space area improvement phasing, if applicable, shall be subject to Planning Department approval. Any proposed phasing shall provide for adequate vehicular access to all lots in each phase, and shall substantially conform to the intent and purpose of the subdivision approval. All slopes over three (3) feet in height shall be landscaped and irrigated according to the City Development Code. A detailed landscaping and irrigation plan, prepared by a qualified professional, shall be submitted to the City Planning Department for review and approval prior to issuance of grading permits. The applicant shall comply with the environmental health recommendations outlined in the County Health Department's transmittal dated January 7, 1992 a copy of which is attached. The applicant shall comply with the fire improvement recommendations outlined in the County Fire Department's letter dated October 9, 1991 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. R:\SUB CONFORMANCES003\03-0214 23209\FINAL RESO AND COA's.doc 10. 11. 12. 13. 14. The applicant shall comply with the recommendations outlined in the Rancho California Water District transmittal dated December 19, 1991, a copy of which is attached. Lots created by this subdivision shall comply with the following: Lots created by this subdivision shall be in conformance with the development standards of the City's LM zone. Graded but undeveloped land shall be maintained in a weed-free condition and shall be either planted with interim landscaping or provided with other erosion control measures as approved by the Department of Public Works. 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. Temecula Community Services District. (Changed per the Planning Commission meeting on March 16, 1992). Prior to recordation of the final map, an Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the final map to delineate identified environmental concerns and shall be permanently filed with the office of the City Engineer. A copy of the ECS shall be transmitted to the Planning Department for review and approval. The approved ECS shall be forwarded with copies of the recorded final map to the Planning Department and the Department of Building and Safety. The following 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, Prior to the issuance of GRADING PERMITS the following conditions shall be satisfied: Prior to the issuance of grading permits detailed common open space area landscaping and irrigation plans shall be submitted for Planning Department approval for the phase of development in process. The plans shall be certified by a landscape architect, and shall provide for the following: a. Permanent automatic irrigation systems shall be installed on all landscaped areas requiring irrigation. b. Landscape screening where required shall be designed to be opaque up to a minimum height of six (6) feet at maturity. c. 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. d. 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. R:\SUB CONFORMANCEs2003\03-0214 23209\FINAL RESO AND COA's.doc 6 Wall plans shall be submitted for the project perimeter and along La Serena Way. 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. All existing specimen trees and significant rock outcroppings on the subject property shall be shown on the project's grading plans and shall note those to be removed, relocated and/or retained. All trees shall be minimum double staked. Weaker and/or slow growing trees shall be steel staked. Any oak trees removed with four (4) inches or larger trunk diameters shall be replaced on a ten (10) to one (1) basis as approved by the Planning Director. Replacement tress shall be noted on approved landscaping plans. If the project is to be phased, prior to the approval of grading permits, an overall conceptual grading plan shall be submitted to the Planning Director for approval. The plan shall be used as a guideline for subsequent detailed grading plans for individual phases of development and shall include the following: 1. Techniques, which will be utilized to prevent erosion and sedimentation during and after the grading process. 2. Approximate time frames for grading and identification of areas, which may be graded during the higher probability rain months of January through Mamh. 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: 1. The angle of the graded slope shall be gradually adjusted to the angle of the natural terrain. 2. Angular forms shall be discouraged. The graded form shall reflect the natural rounded terrain. 3. 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. R:\SUB CONFORMANCE',2003\03-0214 23209\FINAL RESO AND COA's.doc 7 4. 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. Prior to the issuance of grading permits, the developer shall provide evidence to the Department of Public Works that all adjacent off-site manufactured slopes have recorded slope easements and that slope maintenance responsibilities have been assigned as approved by the r',....,.,*,.,...,~ cf o,,~,~,-, ~^~...~.,. Temecula Community Services District. (Changed at the Planning Commission meeting on March 16, 1992). 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. 15. 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. 16. Prior to the issuance of BUILDING PERMITS the following conditions shall be satisfied: No building permits shall be issued by the City for any residential lot/unit within the project boundary until the developer's successor's-in-interest provides evidence of compliance with public facility financing measures. A cash sum of one-hundred dollars ($100) per lot/unit shall be deposited with the City as mitigation for public library development. Prior to the submittal of building plans to the Department of Building and Safety an acoustical study shall be performed by an acoustical engineer to establish appropriate mitigation measures that shall be applied to individual dwelling units within the subdivision to reduce ambient interior noise levels to 45 Ldn. All building plans for all new structures shall incorporate, all required elements from the subdivision's approved fire protection plan as approved by the County Fire Marshal. All dwellings to be constructed within this subdivision shall be designed and constructed with fire retardant (Class A) roofs as approved by the Fire Marshal. Roof-mounted mechanical equipment shall not be permitted within the subdivision, however solar equipment or any other energy saving devices shall be permitted with Planning Department approval. Roof-mounted equipment shall be shielded from view of surrounding property. Building separation between all buildings including fireplaces shall not be less than ten (10) feet. R:\SUB CONFORMANCE\2003~3-0214 23209\FINAL RESO AND COA's.doc 8 All street side yard setbacks shall be a minimum of ten (10) feet. All front yards shall be provided with landscaping and automatic irrigation. 17. Prior to the issuance of first OCCUPANCY PERMITS or model home the following conditions shall be satisfied: (Revised at the Planning Commission meeting on March 16, 1992). All landscaping and irrigation shall be installed in accordance with approved plans prior to the issuance of occupancy permits. If seasonal conditions do not permit planting, interim landscaping and erosion control measures shall be utilized as approved by the Planning Director and the Director of Building and Safety. All landscaping and irrigation shall be installed in accordance with approved plans and shall be verified by City field inspection. Not withstanding the preceding conditions, wherever an acoustical study is required for noise attenuation purposes, the heights of all required walls shall be determined by the acoustical study where applicable. ........ ~ (Struck at the Planning Commission meeting on March 16, 1992). 18. Prior to the issuance of grading permits, or any use allowed by this entitlement, the developer shall submit to the Planning Department for review, a copy of all required agency clearances, and/or a biology study focusing on any, and all listed or endangered species. The report(s) shall contain but not be limited to information relative to quality, density, and extent of occupied habitat. In addition, the developer shall comply with any processes required to mitigate the potential disturbance of any species or habitat. 19. The subdivider shall defend, indemnify, and hold harmless the City of Temecula, its agents, officer, and employees from any claim, action, or proceeding against the City of Temecula or its agents, officer, or employees to attach, set aside, void, or annul an approval of the City of Temecula, its advisory agencies, appeal boards or legislative body concerning Tentative Tract Map No. 23209, 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. 20. 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 R:\SUB CONFORMANCES2_003\03-0214 23209\FINAL RESO AND COA's.doc 9 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. 21. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provider. Telephone, cable TV, and/or security systems shall be pre-wired in the residence. 22. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. COVENANTS, CONDITIONS AND RESTRICTIONS/RECIPROCAL ACCESS EASEMENTS: 23. The Covenants, Conditions and Restrictions (CC&R's) shall be reviewed and approved by the Planning Department prior to final approval of the tract maps. The CC&R's shall include liability insurance and methods of maintaining the open space, recreation areas, parking areas, private roads, and exterior of all buildings. 24. No lot or dwelling unit in the development shall be sold unless a corporation, association, property owner's group, or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CC&R's, which shall include compulsory membership of all owners of lots and/or dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit enforcement by the City of Provisions required by the City as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. 25. Maintenance for all landscaped and open areas, including parkways, shall be provided for in the CC&R's. 26. 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) as share in the corporation, or voting membership in an association, owning the common areas and facilities. 27. All existing specimen trees on the subject property shall be preserved wherever feasible. Where they cannot be preserved they shall be relocated or replaced with specimen trees as approved by the Planning Director. 28. Any oak trees removed with four (4) inch or larger trunk diameters shall be replaced on a ten (10) to one (1) basis as approved by the Planning Director. R:\SUB CONFORMANCE-'~2003\03-0214 23209\FINAL RESO AND COA's.doc 10 29. req ..... r-,,,~,~wv Sec*~c~'., .. '~...-~/"~.~w- (Struck at the Planning Commission meeting on March 16, 1992). 30. Within forty-eight (48) hours of the approval of the project, the applicant/developer shall deliver to the Planning Department a cashiers check or money order payable to the County Clerk in the amount of One Thousand, Two Hundred, Seventy-Five Dollars ($1,275.00), which includes the One Thousand, Two Hundred, Fifty Dollars ($1,250.00) fee, in compliance with AB 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). 31. e~. Prior to the issuance of the 171st building permit for the entire project area, the applicant shall have completed to the satisfaction of the Temecula Community Services District all park site improvements relevant to Lot No. 221 of Tract Map No. 23209 (Modified by the Planning Commission on May 7, 2003). 32. Prior to the issuance of any occupancy permits the developer shall submit to the City a disclosure statement for the tract area which identifies the potential future impact of noise associated with the potential placement of wind machines at the adjacent vineyard. Said disclosure shall inform buyers that rights to protest have been waived by the developer. Said document shall be subject to the approval of the Planning Director and the City Attorney. Said approval shall be obtained prior to the issuance of occupancy permits. The City will require that said document will be submitted to and signed in agreement by future residential occupants. (Added at the Planning Commission meeting on March 16, 1992). 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. R:\SUB CONFORMANCES.003\03-0214 23209~FINAL RESO AND COA's.doc 11 It is understood that the Subdivider has correctly shown on the tentative map all existing and proposed easements, traveled ways, improvements constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. PRIOR TO RECORDATION OF THE FINAL MAP: 33. "Prior to recordation of the final map, an Assessment District or other public financing mechanism shall be established to address access to the area -r....., ..~..,.,. Butterfield Stage Road and Nicholas Road. The Subdivider shall participate in and pay for its fair share of any such Assessment District or other public financing mechanism formed to provide the improvements," (Amended at City Council August 11, 1992) 34, As deemed necessary by the Department of Public Works, the developer shall receive written clearance from the following agencies: B. C. D. E. F. G, H. J. 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; Parks and Recreation Department; and Metropolitan Water District. 35. 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. 36. 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. 37. The former Walcott Land alignment shall be used by the TCSD as a pedestrian access and landscaped parkway in conjunction with the adjacent public park site. Provision shall also be made for right of way dedication to provide for the remainder of the cul-de- sac bulb for Leigh Lane. Developer shall improve the former section of Walcott Lane as part of the park improvements within Lot No. 221. 38. Streets "A", "B", "C", "D", "E", "G", "H", "J", "K", "L", "M", "N" and "O" shall be improved with 40 feet of asphalt concrete pavement, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with City Standard No. 104, Section A (60'/40'). R:\SUB CONFORMANCES2003\03-0214 23209\FINAL RESO AND COA's.doc 12 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. Streets "F" and "1" shall be improved with 36 feet of asphalt concrete pavement, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with City Standard No. 105, Section A (60'/36'). Improve Walcott Lane (Modified Principal Collector Highway Standards - 70' RNV) to include dedication of street right-of-way, installation of street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). Improve La Serena Way (Secondary Highway Standards - 88' RAN) to include dedication of street right-of-way, installation of street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). Improve Butterfield Stage Road (Arterial Highway Standards - 110' R/W) to include dedication of half-width street right-of-way, installation of half-width street improvements plus one 12' lane, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer), raised landscaped median. The design shall conform to the vertical alignment approved by City Council on November 12, 1991. Standard cul-de-sacs and knuckles and offset cul-de-sacs shall be constructed throughout the land division. The subdivider shall provide/acquire sufficient public offsite rights-of-way to provide for primary and secondary access road(s) to a paved and maintained road. Said access road(s) shall be constructed in accordance with City Standard No. 106, Section B. (32'/60') at a grade and alignment approved by the Department of Public Works. Said offsite access roads shall include, but not be limited to, the southerly and easterly extensions of Butterfield Stage Road to Rancho California Road or as approved by the Department of Public Works. East and west bound left turn lanes shall be provided on La Serena Way at the intersections with Walcott Lane, Street "B" and Butterfield Stage Road as approved by the Department of Public Works. Vehicular access shall be restricted on Buttertield Stage Read and La Serena Way and SO noted on the final map with the exception of street intersections and driveways as approved by the Department of Public Works. Corner property line cut off shall be required per Riverside County Standard No. 805. Minimum lot frontages along the cul-de-sacs and knuckles shall be 35 feet. 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. R:\SUB CONFORMANCES2003\03-0214 23209\FINAL RESO AND COA's.doc 13 50. 51. A declaration of Covenants, Conditions and Restrictions (CC&R's) shall be prepared by the developer and submitted to the Director of Planning, City Engineer and City Attorney. The CC&R's shall be signed and acknowledged by all parties having any record title interest in the property to be developed, shall make the City a party thereto, and shall be enforceable by the City. The CC&R's shall be reviewed and approved by the City and recorded. The CC&R's shall be subject to the following Engineering conditions: The CC&R's shall be prepared at the developer's sole cost and expense. The CC&R's shall be in the form and content approved by the Director of Planning, City Engineer and the City Attorney, and shall include such provisions as are required by this approval and as said officials deem necessary to protect the interest of the City and its residents. The CC&R's and Articles of Incorporation of the Property Owner's Association are subject to the approval of 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. The CC&R's shall provide for the effective establishment, operation, management, use, repair and maintenance of all common areas, drainage and related facilities. The CC&R's shall provide that the property shall be developed, operated and maintained so as not to create a public nuisance. The CC&R's shall provide that if the property is not maintained in the condition required by the CC&R's, then the City, after making due demand and giving reasonable notice, may enter the property and perform, at the owner's sole expense, any maintenance required thereon by the CC&R's or the City ordinances. The property shall be subject to a lien in favor of the City to secure any such expense not promptly reimbursed. 1. The declaration shall contain language prohibiting further subdivision of any lots, whether they are lettered lots or numbered lots. 2. All parkways, open areas, and landscaping shall be permanently maintained by the association or other means acceptable to the City. Such proof of this maintenance shall be submitted to Planning and the Department of Public Works prior to issuance of building permits. 3. Reciprocal access easements and maintenance agreements ensuring access to all parcels and joint maintenance of all roads, drives or parking areas shall be provided by CC&R's or by deeds and shall be recorded concurrent with the map, or prior to the issuance of building permit where no map is involved. The subdivider shall construct or post security and an agreement shall be executed guaranteeing the construction of the following public improvements in conformance with applicable City standards. Street improvements, including, but not limited to: pavement, curb and gutter, medians, sidewalks, drive approaches, street lights, signing, striping, and other traffic control devices as appropriate. R:\SUB CONFORMANCE'2.003\03-0214 23209\FINAL RESO AND COA's.doc 14 52. 53. 54. 55. 56. 57. 58. 59. 60. 61. 62. 63. C. D. E. f. Storm drain facilities. Landscaping (street and parks). Sewer and domestic water systems. All trails, as required by the City's Master Plans. Undergrounding of proposed utility distribution lines. The street design and improvement concept of this project shall be coordinated with adjoining developments. Street lights shall be provided along streets adjoining the subject site in accordance with the requirements of Ordinance No. 461 and as approved by the Department of Public Works. 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. Street names shall be subject to the approval of the Building and Safety Department. The minimum centerline radii shall be 300 feet or as approved by the Department of Public Works. All street and driveway centerline intersections shall be at 90 degrees or as approved by the Department of Public Works. 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. A minimum centerline street grade shall be 0.50 percent. All driveways shall conform to the applicable City of Temecula standards and shall be shown on the street improvement plans in accordance with City Standard 207 and 401 (curb sidewalk). All driveways shall be located a minimum of two (2) feet from the side property line. A minimum of 4 feet of full height curb shall be constructed between driveways. The minimum garage setback shall be 30 feet measured from the face of curb. The subdivider shall submit two (2) prints of a comprehensive grading plan to the Department of Public Works. The plan shall comply with the Uniform Building Code, Chapter 70, and as may be additionally provided for in these Conditions of Approval. The plan shall be drawn on 24" x 36" mylar by a Registered Civil Engineer. Letters of permission from adjacent owners shall be provided for all offsite grading work. R:\SUB CONFORMANCES003\03-0214 23209\FINAL RESO AND COA's.doc 15 64. 65. 66. 67. 68. 69. 70. 71. 72. 73. 74. A geological report shall be prepared by a qualified engineer or geologist and submitted as directed by the Department of Public Works at the time of application for grading plan check. All work shall be in conformance with the County Geologist's letter dated April 28, 1989, and any subsequent amendments. The subdivider shall submit two (2) copies of a soils report to the Department of Public Works. The report shall address the soils stability and geological conditions of the site. A drainage study shall be submitted to and approved by the Department of Public Works. All drainage facilities shall be installed as required by the Department of Public Works. 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." A drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows onto the adjacent property. A copy of the recorded drainage easement shall be submitted to the City for review prior to the recordation of the final map. A copy of the improvement plans, grading plans and final map, along with supporting hydrologic and hydraulic calculations should be submitted to the Riverside County Flood Control District for review. The subdivider 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 Article XI of Ordinance No. 460 will apply. Should the quantities exceed the street capacity, or use of streets be prohibited for drainage purposes, the subdivider shall provide adequate facilities as approved by the Department of Public Works. 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. The developer shall record an Environmental Constraint Sheet delineating areas of identified environmental concerns and shall be permanently flied with the Department of Public Works. 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. Ahern Lane (66' R/W) to include dedication of street right-of-way, installation of street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). R:\SUB CONFORMANCE\2003\03-0214 23209~FINAL RESO AND COA's.doc 16 PRIOR TO ISSUANCE OF GRADING PERMITS: 75. Prior to issuance of a grading permit, developer must obtain a National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until a NPDES permit is granted or the project is shown to be exempt. 76. 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. 77. Prior to any work being performed on the private streets or drives, fees shall be paid and a construction permit shall be obtained from the Department of Public Works. 78. A grading permit shall be obtained from the Department of Public Works prior to commencement of any grading outside of the City-maintained road right-of-way. 79. No grading shall take place prior to the improvement plans being substantially complete, appropriate clearance letters have been obtained, and approval of the grading plan has been granted by the Department of Public works. 80. If grading is to take place between the months of October and April inclusive, erosion control and runoff mitigation plans will be required. All plans shall be submitted with appropriate notes as directed and approved by the Department of Public Works. 81. All lot drainage shall be to the street by side yard drainage swales independent of any other lot. 82. 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. 83. A permit from the County Flood Control District is required for work within their right-of- way. PRIOR TO BUILDING PERMIT: 84. 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. 85. 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. 86. 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 R \SUB CONFORMANCE',2003\03-0214 23209~FINAL RESO AND COA s.doc 17 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 security to secure payment of the Public Facility fee. The amount of the security shall be $2.00 per square foot, not to exceed $10,000. Developer understands that said Agreement may require the payment of fees in excess of those now estimated (assuming benefit to the project in the amount of such fees). By execution of this Agreement, developer will waive any right to protest the provisions of this Condition, of this Agreement, the formation of any traffic impact fee district, or the process, levy, or collection of any traffic mitigation or traffic impact fee for this project; provided that developer is not waiving its right to protest the reasonableness of any traffic impact fee, and the amount thereof. PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: 87. 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. 88. Existing city roads requiring construction shall remain open to traffic at all times with adequate detours during construction. Traffic control plans shall be provided as directed by the Department of Public Works, and may be required to be prepared by a registered Civil Engineer. 89. 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: 90. A signing and striping plan shall be designed by a registered Civil Engineer and approved by the Department of Public Works for Butterfield Stage Road and La Serena Way and shall be included in the street improvement plans. 91. Prior to designing any of the above plans, contact Transportation Engineering for the design requirements. PRIOR TO THE ISSUANCE OF ANY ENCROACHMENT PERMITS: 92. A construction area traffic control plan shall be designed by a registered Civil Engineer and approved by the City Engineer for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS: 93. All signing and striping shall be installed per the approved signing and striping plan. R:\SUB CONFORMANCES2003\03-0214 23209\FINAL RESO AND COA's.doc 18 94. The subdivider shall provide "stop" controls at the intersection of local streets with arterial streets as directed by the Department of Public Works. 95. Provide limited landscaping in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance. COMMUNITY SERVICES DEPARTMENT GENERAL REQUIREMENTS: 96. The City's park land dedication requirement (Quimby) shall be satisfied with the development and dedication of 2.9 acres of park land, which will include the former Walcott Lane alignment described in Public Works Condition No. 37, so long as it is available for pedestrian access, landscaping and park purposes. 97. The installation of the park improvements, slopes and landscaped median on Butterfield Stage Road shall be in conformance with the City of Temecula Landscape Development Plan Guidelines and Specifications. Construction of said improvements shall commence pursuant to a pre-job meeting with the developer and the City Maintenance Superintendent. 98. The developer shall complete the TCSD application/inspection process and pay the appropriate fees prior to the acceptance of street lighting and perimeter slope areas into the respective TCSD maintenance programs. Failure to comply with TCSD procedures may preclude acceptance of these areas into the TCSD maintenance programs. 99. The developer shall maintain the park, slopes and landscaped medians until such time as these responsibilities are accepted by the TCSD or other responsible party. 100. Class II Bike lanes shall be provided on Butterfield Stage Road and completed in concurrence with the road improvements required for this development. PRIOR TO RECORDATION OF THE FINAL MAP: 101. The developer shall enter into an improvement agreement and post securities for the neighborhood park site, landscaped median within Butterfield Stage Road, and the proposed TCSD slope maintenance areas. 102. All slopes and parkway landscaping identified as TCSD maintenance areas shall be offered for dedication on the final map. 103. Landscape construction drawings for the park site, landscaped median and proposed TCSD slope maintenance areas shall be reviewed and approved by the Director of Community Services. 104. The developer shall obtain a landscape easement from the adjacent property owner for maintenance of the offsite slope area located to the north of the cul-de-sac bulb on Street "G". Said maintenance easement shall be transferable to the TCSD and improved as part of the La Serena Way slope improvements. R:\SUB CONFORMANCE~003~03-0214 23209\FINAL RESO AND COA's.dcc 19 105. The subdivider shall file an application with the TCSD to initiate property owner election proceedings for the dedication and annexation of perimeter slopes and residential street lighting into the respective TCSD maintenance programs. (Added by the Planning Director, April 30, 1998) PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY 106. The neighborhood park shall be dedicated to the City free and clear of any liens, assessments or easements that would preclude the City from using the property for park purposes. A policy of title insurance and a soils assessment report shall also be provided with the dedication of the property. (Condition relocated by the Planning Director, April 30, 1998) 107. At the time of completion of the park and acceptance by City Council, the developer shall receive fee credits against the remaining parks component of the City's Development Impact Fees based on the actual cost of the onsite park improvements which exceed the Quimby requirements, up to a total maximum credit of $265,815 (165 remaining homes x $1,611 ark component = $265,815). The City shall have the right to review, audit and verify all costs associated with said park improvements. (Condition relocated by the Planning Director, April 30, 1998) 108. Prior to the issuance of the first certificate of occupancy, the developer shall submit the most current list of Assessor's Parcel Numbers assigned to the final project. 109. It shall be the developer's responsibility to provide written disclosure of the existence of the TCSD and its service level rates and charges to all prospective purchasers. 110. ccnta!n=d ~=r9 '.¥!tk!n. Prior to the issuance of the 171`t building permit for the entire project area, the applicant shall comply with the requirements stipulated in Condition of Approval #31, contained here within (Modified by the Planning Commission on May 7, 2003). By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant's Signature Name printed Date R \SUB CON FORMANCE~2003\03-0214 23209\FINAL RESO AND CeA s.dcc 20 October 1, COUNTY OF RIVERSIDE DEPARTMENT OF HEALTH 4065 COUNTY CIRCLE DR. RIVERSIDE, CA. 92503 (Maili.9 Address - P.O. Box 7600 9251E,-7600) 1991 CITY OF TEMECULA PLANNING DEPARTMENT 43174 BUSINESS PARK DRIVE TEMECULA, CA 92590 RE: TENTATIVE TRACT MaP NO. 23209, AMENDED NO. 5: ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE UNINCORPORA'£~ AREA OF THE COUNTY OF RI¥~t~SIDE, STATE OF CALIFORNIA, DESCRIBED AS PARCELS 1, 2~ 6, 19, 20, 31 AND 50 AS SHOWN IN DOCUMENT RECORDED JUNE 27, 1986 AS INSTRUMENT NO. 15005 OF RI~SIDE COUNTY RECORDS, ALL IN ~ MUP~RIETA PORTION OF THE 'i-ua~ECULA RANCHO, AS SHOWN BY MAP OF THE TU~4ECULA LAND AND WA'£~ COMPANY, ON FILE IN BOOK 8, PAGE 359 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA. (224 lots) Dear Gentlemen: The Department of Public Health has reviewed Tentative Tract Map No. 23209, Amended No. 5 and recommends: A water system shall be installed according to plans and specifications as approved by the water company and the Health Department. Permanent prints of the plans of the water system shall be submitted in triplicate, with a minimum scale not less than one inch equals 200 feet, along with the original drawing to the City of Temecula. The prints shall show the internal pipe diameter, location of valves and fire hydrants; pipe and 3oint specifications, and the size of the main at the 3unction of the new system to the existinG system. The plans shall comply in all respects with Div. 5, Part 1, Chapter 7 of the California Health and Safety Code, California Administrative Code, Title 11, Chapter 16, and General Order No. 103 of the Public Utilities Commission of the State of California, when applicable. The plans shall be signed by a registered engineer and water company with the following certification: "I certify that the design of the water system in Tract Map 23209, is in accordance with the water system expansion plans of the Rancho California Water District and that the water services, storage, and distribution system will be adequate to provide water service to such Tract Map." ACTING City of Temecula Page Two Attn: October 1, 1991 This certification does not constitute a guarantee that it will supply water to such Tract Map at any specific quantities, flows or pressures for fire protection or any other purpose". This certification shall be signed by a responsible official of the water company, The_p!~ns mu_~ be su~mittgd to Thg.~ty of Temecula Office_to review ak le~t two weeks print tQ tb~__~9_~uest__f_Or the recQ/~.i..~_~l. Qf %he fiDal map*., This subdivision has a statement from Rancho California Water District agreeing to serve domestic water to each and every lot in the subdivision on demand providing satisfactory financial arrangements are completed with the subdivider. It will be necessary for financial arrangements to be made prior to the recordation of the final map. This subdivision is within the Eastern Municipal Water District and shall be connected to the sewers of the District. The sewer system shall be installed according to plans and specifications as approved by the District, the City of Temecula and the Health Department. Permanent prints of the plans of the sewer system shall be submitted in triplicate, along with the original drawing, to the City of Temecula. The prints shall show the internal pipe diameter, location of manholes, complete profiles, pipe and joint specifications and the size of the sewers at the junction of the new system to the existing system. A single plat indicating location of sewer lines and water lines shall be a portion of the sewage plans and profiles. The plans shall be signed by a registered engineer and the sewer district with the following certification: "I certify that the design of the sewer system in Tract Map No. 29209 is in accordance with the sewer system expansion plans of the Eastern Municipal Water District and that the waste disposal system is adequate at this time to treat the anticipated wastes from the proposed Tract Map." Officers: October 14, 1991 Ms. Debbie Ubnoske City of Temecula Planning Department 43180 Business Park Drive Temecula, CA 92390 Water Availability Tract Map 23209, Amendment No. 5 Dear Ms. Ubnoske: Please be advised that the above-referenced property is located within the boundaries of Rancho California Water District (RCWD). Water service, therefore, would be available upon completion of financial arrangements between RCWD and the property owner. Water availability would be contingent upon the property owner signing an Agency Agreement which assigns water management rights, if any, to RCWD. If you have any questions, please contact Ms. Senga Doherty. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Steve Brannon, P. E. Manager of Development Engineering SB:SD:ajm202 cc: Senga Doherty, Engineering Technician