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HomeMy WebLinkAbout03-17 DH ResolutionDH RESOLUTION NO. 2003-017 A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA03-0105, A REQUEST FOR THE FIRST ONE-YEAR EXTENSION OF TIME FOR TENTATIVE PARCEL MAP 28627 (A REQUEST TO SUBDIVIDE A 37 ACRE PARCEL INTO ELEVEN COMMERCIAL LOTS AND ONE OPEN SPACE LOT) EXTENDING THE MAP FROM MAY 9, 2003 TO MAY 9, 2004, LOCATED WEST OF INTERSTATE 15 AND SOUTH OF OLD TOWN FRONT STREET AND KNOWN AS ASSESSORS PARCEL NO 922-210-047 WHEREAS, Jim Roberts, filed Planning Application No. PA03-0105, in a manner in accord with the City of Temecula General Plan and Development Code; WHEREAS, Planning Application No. PA03-0105 was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Director, at a regular meeting, considered Planning Application No. PA03-0105 on July 31, 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 Director Hearing and after due consideration of the testimony, the Planning Director approved Planning Application No. PA03-0105 subject to the conditions after finding that the project proposed in Planning Application No. PA03-0105 conformed to the City of Temecula General Plan and Subdivision Ordinance; NOW, THEREFORE, THE DIRECTOR OF PLANNING 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 Director, in approving Planning Application No. PA03-0105 (Extension of Time) hereby makes the following findings as required by Section 16.09.070 of the Temecula Municipal Code: 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; Tentative Pamel Map No. 28627 is located within the Highway/Tourist Commercial zoning districL The map exceeds all of the required development standards as to minimum net lot area, minimum depth, and minimum frontage on a street for lots located in the Highway/Tourist Commercial zoning district. The map has been reviewed against all of the elements of the General Plan. The map as proposed is consistent with the General Plan goals and policies. The map is not in an area that has been designated as a Specific Plan per the City's Zoning Map. R:\E O 'G2003\03-0105 TPM 28627\Final Reso.doc 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. The site is physically suitable for the type and proposed density of development proposed by the tentative map; The project consists of a Parcel Map on property designated for commercial uses, which is consistent with the General Plan, as well as, the development standards for the Highway/Tourist Commercial zoning designation. 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 wildlife 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. 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. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible; The design of the subdivision has provided opportunities for future passive and natural heating and cooling opportunities. 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. 2 R:\E O T~2003\03-0105 TPM 28627\Final Reso.doc 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. A Notice of Determination for Planning Application No. PA03-0105 was made per the California Environmental Quality Act Guidelines Section 15162. Section 4. Conditions. That the City of Temecula Director of Planning hereby conditionally approves Planning Application No. PA03-0105 (Extension of Time), A one year Extension of Time for Tentative Parcel Map 28627 a commercial subdivision of 38- acres into eleven commercial lots and one open space lot 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. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Director of Planning this 31st day of July 2003. ~ Don-"E[a_Zen, Principal Planner I, Kathy Simpkins, Secretary of the Temecula Director's Hearing, do hereby certify that DH Resolution No. 2003-017 was duly and regularly adopted by the Director of Planning of the City of Temecula at a regular meeting thereof held on the 31s~ day of July, 2003. Ka~y Simpkins,' Secretary R:\E O T~2003\03-0105 TPM 28627\Final Reso.doc EXHIBIT A CONDITIONS OF APPROVAL 4 R:\E O T~003\03-0105 TPM 28627\Final Reso.doc EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA03-0105- First Extension of Time for Tentative Parcel Map No. 28627 (PA97-0307) Project Description: A one year Extension of Time for Tentative Parcel Map 28627 the subdivision of two parcels totaling 38-acres into 11 commercial lots and one open space lot located West of Interstate 15 and south of Old Town Front Street. Assessor's Parcel No.' 922-210-047 Approval Date: Effective Date: Expiration Date: July 31, 2003 May 9, 2003 May 9, 2004 PLANNING DIVISION Within Forty-Eight (48) Hours of the Approval of this Project The applicant shall deliver to the Community Development Department - Planning Division a cashier's check or money order made payable to the County Clerk in the amount of One Thousand Three Hundred Fourteen Dollars ($1,314.00) which includes the One Thousand Two Hundred and Fifty Dollar ($1,250.00) fee, required by Fish and Game Code Section 711.4(d)(3) plus the Sixty-Four Dollar ($64.00) County administrative fee, to enable the City to file the Notice of Determination for the Mitigated or Negative Declaration required under Public Resources Code Section 21108(a) and California Code of Regulations Section 15075. If within said forty-eight (48) hour period the applicant has not delivered to the Community Development Department - Planning Division the check as required above, the approval for the project granted shall be void by reason of such failure of to satisfy this condition (Fish and Game Code Section 711.4(c)). General Requirements The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of the City's Subdivision Ordinance, 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. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend with Legal Counsel of the City's own selection, the City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, R:\E O TX2003\03-0105 TPM 28627~Final Reso.doc 5 consultants, contractors, legal counsel, and agents from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, void, annul, seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. City shall promptly notify the both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves its right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. The applicant shall comply with all mitigation measures contained in the approved Mitigation Monitoring Program. 5. The applicant and the City shall immediately undertake the preparation of the following: Preparation of overall traffic thresholds based upon the goal of ensuring that the aggregate development of the parcels within Phase II of Tentative Parcel Map 28627 is done at a density and intensity of square foot development and provided that the aggregate for all lots in Phase II does not exceed the safe level of traffic flow as determined jointly by the Director of Public Works and by the applicant's traffic engineer of generally accepted professional traffic engineering standards. Preparation of a mutually acceptable Development Agreement, as such is defined in California Government Code Section 65864 that serves to implement the traffic thresholds set forth in subsection (i) above. The Development Agreement shall include other terms necessary and desirable, including but not limited to the City's agreement to use its best efforts to expedite the Project Study Report (PSR) being prepared for the California Department of Transportation (CALTRANS) in regard to freeway related improvements. In the event the applicant and the City are unable to process the Development Agreement or the development agreement is not adopted by the parties, the physical development of the parcels in Phase II shall be subject to and regulated by the traffic thresholds established in Subsection (i) hereinabove. No development of the parcels in Phase II shall occur, notwithstanding any condition to the contrary, until the traffic thresholds identified in Subsection (i) above are approved jointly by the Director of Public Works and the applicant's traffic engineer. Prior to Issuance of Grading Permits A copy of the Rough Grading plans shall be submitted and approved by the Planning Division. The applicant shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in that ordinance or by providing documented evidence that the fees have already been paid. 8. The applicant shall receive approval for the purchase of off-site property from the U.S. R:\E O TX2003\03-0105 TPM 28627~Final Reso.doc 6 Fish and Wildlife Service and the California Department of Fish and Game, and submit a mitigation plan to the Planning Department which details how the applicant has set aside sensitive areas and has met the requirements of the U.S Fish and Wildlife Service and the California Department of Fish and Game for the off-site mitigation of off-site property to compensate for the taking of the Riversidian Sage Scrub on site, if required. Development of the site shall preserve the entire amount of Riparian Woodlands on site. No grading or clearing shall occur in this area. Development of the site shall be designed so that all utility extensions are underground and that graded surface water run off and spillage drains away from Murrieta and Temecula Creeks. This area shall be fenced off prior to any grading activities to prevent any disturbances to wetland or vegetation areas. The project will be conditioned to re-vegetate all graded and disturbed areas near the channels with native tree and plant species. The applicant shall prepare a Biological Mitigation Plan to ensure project compliance with the mitigation-monitoring program. 10. At the time of the submittal of a development proposal or the submittal of a grading plan for the project site the applicant shall submit a biological survey at the appropriate time of the year to determine if the California Gnatcatcher, the Quino Checkerspot Butterfly or any other endangered or threatened species inhabit the site, if the habitat is a designated habitat. This biological survey shall propose appropriate mitigation for development of the site. This biological survey shall be submitted to the U.S. Fish and Wildlife Service and the California Department of Fish and Game for review and approval. The applicant shall prepare a Biological Mitigation Plan to ensure project compliance with the mitigation-monitoring program. (Modified by the Planning Commission on March 15, 2000) 11. The applicant shall obtain a 404 Permit from the U.S. Fish and Wildlife Service and a 1603 Streambed Alteration Permit from the California Department of Fish and Game, if required. The applicant shall prepare a Biological Mitigation Plan to ensure project compliance with the mitigation-monitoring program. 12. When future development is proposed on the site a Phase II archaeological study shall be conducted. This study shall establish appropriate mitigation to address any significant impacts that may occur. Prior to Recordation of the Final Map 13. The following shall be submitted to and approved by the Planning Division: A copy of the Final Map. A copy of the Environmental Constraint Sheet (ECS) with the following notes: A. 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. B. This project is within the 100-year floodplain. R:\E O '1~2003\03~0105 TPM 28627~Fina] Rcso.doc 7 C. This project is within a dam inundation area. D. This project is within a Liquefaction Zone. E. This project is within a Subsidence Zone. Prior to Issuance of Building Permits 14. 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 Director approval. Prior to Issuance of Occupancy Permits 15. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. DEPARTMENT OF PUBLIC WORKS 16. The Depadment of Public Works recommends the following Conditions of Approval for this project. Unless stated otherwise, all conditions shall be completed by the Developer at no cost to any Government Agency. General Requirements 17. It is understood that the Developer correctly shows on the tentative map 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. The tentative map shall show the location of all right-of-way corridors as specified within these conditions of approval. 18. A Grading Permit for either rough or precise 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. An Encroachment Permit shall be obtained from the California Department of Transportation prior to commencement of any construction within an existing or proposed State right-of-way. 21. All improvement plans, grading plans, landscape and irrigation plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. 22. The Developer shall provide the required street improvements as directed by the Director of Public Works as part of the phased map. 23. The map may be phased in two phases. Phase I to include Parcels 1 and 12 and Phase II to include Parcels 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11. R:\E O T~2003\03-0105 TPM 28627heinal Reso.doc 8 24. Prior to approval of Phase II or any subsequent phases, the Developer shall submit a Traffic Study to determine the Level of Service (LOS) of impacted intersections. The LOS should be "D", peak hour or better as determined by the Director of Public Works before any further maps are approved. Prior to Approval of the Parcel Map, unless other timing is indicated, the Developer shall complete the following or have plans submitted and approved, subdivision improvement agreements executed and securities posted: 25. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: San Diego Regional Water Quality Control Board Rancho California Water District Eastern Municipal Water District Riverside County Flood Control and Water Conservation District City of Temecula Fire Prevention Bureau Planning Department Department of Public Works Riverside County Health Department Cable TV Franchise Community Services District General Telephone Southern California Edison Company Southern California Gas Company California Fish & Game Army Corps of Engineers Caltrans clearance shall only be required to demonstrate the satisfaction of any condition or conditions that the City of Temecula imposes on the planning application pursuant to this Resolution No. (Modified by the Planning Commission on March 15, 2000) 26. The Developer shall construct the following public improvements to City of Temecula standards unless otherwise noted. Plans shall be reviewed and approved by the Department of Public Works: Improve Western Bypass Corridor (Major Highway Standards modified to 88' R/W) to include dedication of full width street right-of-way within underlying propedies including the remainder section to the north of Western Bypass Corridor, installation of full width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). Improve Front Street (Principal Collector Highway Standards - 78' R/W) to include dedication of full width street right-of-way, installation of full width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). The Public Works Director may require, and the Developer shall promptly construct to the specifications imposed by the City, an additional twenty four (24) R:~E O TX2003\03-0105 TPM 28627~Final Reso.doc 9 foot wide Roadway at the point located approximately 250 feet west of the currently proposed extension of Front Street. The Public Works Director shall, in writing, direct the Developer to commence the construction of the Roadway only upon his determination that the traffic use arising from the physical improvements of parcels 1 and 12 of Parcel Map 28627 exceed the traffic thresholds established pursuant to Condition No. 5 of this Resolution No. 27. 28. 29. 30. 31. 32. 33. 34. 35. The Developer shall submit an Irrevocable Offer of Dedication for Roadway and Utility Purposes along Western Bypass Corridor for an additional 12 feet above and beyond the proposed 88 feet dedication. The form of the offer shall be subject to the approval of the Director of Public Works and City Attorney. Upon development of Parcels 2 through 11, or any singular parcel, other than Parcels I and 12, (added by the City Council on May 9, 2000) the developer shall submit an Irrevocable Offer of Dedication for Roadway and Utility Purposes along westerly proposed property boundary for adequate right-of-way to construct an alternative access street across Lots 8, 9 and 10 ~ .......................... ,r,,, si{e. The form of the offer shall be subject to the approval of the Director of Public Works and City Attorney. The Planning Commission retains the authority to modify this condition if conditions change. (Modified by the Planning Commission on March 15, 2000) .c"~..v'~'"" ~^~""'°..v..,~ ~..~'~ ~'=~'v.,j ,,,,v...v~.^** ...... (Deleted by the Planning Commission on March 15, 2000) All street improvement design shall provide adequate right-of-way and pavement transitions per Caltrans' standards for transition to existing street sections. Relinquish and waive right of access from Western Bypass Corridor on the Parcel Map other than the one access, which shall be restricted to right in right out only. Relinquish and waive right of access to and from State Route 79 South on the Parcel Map. The Developer shall conduct a warrant analysis for the signal at the intersection of Western Bypass Corridor/State Route 79 South and Front Street. The Developer shall modify the said signal accordingly. Unless otherwise approved the following minimum criteria shall be observed in the design of the street improvement plans: Street centerline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. Driveways shall conform to the applicable City Standard Nos. 207, 207A and/or 208. Streetlights shall be installed along the public streets and shall be designed in R:LE O T~2003\03-0105 TPM 28627~Final Reso.doc 10 36. 37. 38. 39. 40. 41. Concrete sidewalks shall be constructed in accordance with City Standard Nos. 400 and 401. Design of street improvements shall extend a minimum of 300 feet beyond the project boundaries to ensure adequate continuity of design with adjoining propedies. Minimum centerline radii shall be in accordance with City Standard No. 113. All reverse curves shall include a 100-foot minimum tangent section. All street and driveway centerline intersections shall be at 90 degrees. 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. All concentrated drainage directed towards the public street shall be conveyed through curb outlets per City Standard No. 301. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided underground. Easements shall be provided as required where adequate right-of-way does not exist for installation of the facilities. All utilities shall be designed and constructed in accordance with City Codes and the utility provider. 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. Corner property line cut off for vehicular sight distance and installation of pedestrian facilities shall be provided at all street intersections in accordance with Riverside County Standard No. 805. All easements and/or right-of-way dedications shall be offered for dedication to the public or other appropriate agency and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the Department of Public Works. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision, which is part of an existing Assessment District, must comply with the requirements of said section. Prior to City Council approval of the Parcel Map, the Developer shall make an application for reapportionment of any assessments with appropriate regulatory agency. Any delinquent property taxes shall be paid. An Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the Parcel Map to delineate identified environmental concerns and shall be recorded with the map. A copy of the ECS shall be transmitted to the Planning Department and Public Works Department for review and approval. The following information shall be on the ECS: a. The delineation of the area within the 100-year floodplain. b. Special Study Zones. c. Geotechnical hazards identified in the project's geotechnical report. R:~E O Tx2003\034)105 TPM 28627~Final Reso.doc 11 d. Archeological resources found on the site. 42. The Developer shall comply with all constraints, which may be shown upon an Environmental Constraints Sheet recorded with any underlying maps related to the subject property. 43. A copy of the grading and improvement plans, along with supporting hydrologic and hydraulic calculations shall be submitted to the Riverside County Flood Control and Water Conservation District for approval prior to recordation of the Parcel Map or the issuance of any permit. A permit from Riverside County Flood Control and Water Conservation District is required for work within their right-of-way. 44. 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. 45. 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. 46. Bus bays will be provided at all existing and future bus stops as determined by the Department of Public Works. 47. Private drainage easements for cross-lot drainage shall be required and shall be delineated and noted on the Parcel Map. 48. Easements for joint use driveways shall be provided prior to approval of the Parcel Map or issuance of building permits, whichever occurs first. 49. Easements, when required for roadway slopes, landscape easements, drainage facilities, utilities, etc., shall be shown on the Parcel 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 Parcel Map. A note shall be added to the Parcel Map stating, "drainage easements shall be kept free of buildings and obstructions." Prior to Issuance of Grading Permits 50. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: · San Diego Regional Water Quality Control Board · Riverside County Flood Control and Water Conservation District · Planning Department · Department of Public Works · Riverside County Health Depadment · Community Services District · General Telephone R:kE O TX2003\03-0105 TPM 28627XFinal Reso.doc 12 51. 52. 53. 54. 55. 56. Southern California Edison Company Southern California Gas Company Caltrans clearance shall only be required to demonstrate the satisfaction of any condition or conditions that the City of Temecula imposes on the planning application pursuant to this Resolution No. *h,,* ...... ~*~';'~ *~'~ ""~'~;"""" cf Ca!trans. (Modified by the Planning Commission on March 15, 2000) A Grading Plan shall be prepared by a registered Civil Engineer in accordance with City of Temecula standards and approved by the Department of Public Works prior to commencement of any grading. The plan shall incorporate adequate erosion control measures to protect the site and adjoining properties from damage due to erosion. A Soils Report shall be prepared by a registered Civil or Soils Engineer and submitted to the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and preliminary pavement sections. A Geotechnical Report shall be prepared by a registered engineer or engineering geologist and submitted to the Department of public Works with the initial grading plan check. The report shall address special study zones and identify any geotechnical hazards for the site including location of faults and potential for liquefaction. The report shall include recommendations to mitigate the impact of ground shaking and Iiquefaction. Provisions to mitigate drainage and the storm drain improvements as shown on Tentative Parcel Map 28627 are conceptual and may require modification. The design of the storm drain system will be determined upon review and approval of the grading and storm drain improvement plans. A Drainage Study shall be prepared by a registered Civil Engineer and submitted to the Department of Public Works with the initial grading plan check. The study shall identify storm water runoff quantities expected from the development of this site and upstream of the site. It shall identify all existing or proposed off-site or on-site, public or private, drainage facilities intended to discharge this runoff. Runoff shall be conveyed to an adequate outfall capable of receiving the storm water runoff without damage to public or private property. The study shall include a capacity analysis verifying the adequacy of all facilities. Any upgrading or upsizing of drainage facilities necessary to convey the storm water runoff shall be provided as part of development of this project. The basis for analysis and design shall be a storm with a recurrence interval of one hundred years. This development must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board and Ordinance No. 99-10. No grading shall be permitted until an NPDES Notice of Intent (NOI) has been filed or the project is shown to be exempt. Direct discharge of runoff from the site into Murrieta Creek is prohibited and urban pollutants shall be mitigated as approved by the Department of Public Works. 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. R:\E O TX2003\034)105 TPM 28627\Final Reso.doc 13 57. A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the Riverside County Flood Control and Water Conservation District by either cashier's check or money order, prior to issuance of permits, based on the prevailing area drainage plan fee. If the full Area Drainage Plan fee or mitigation charge has already been credited to this property, no new charge needs to be paid. 58. The Developer shall obtain letters of approval or easements for any off-site work performed on adjoining properties. The letters or easements shall be in a format as directed by the Department of Public Works. 59. The site is in an area identified on the Flood Insurance Rate Maps as Flood Zone "A" and is subject to flooding of undetermined depths. Prior to the approval of any plans, the Developer shall demonstrate that the project complies with Chapter 15.12 of the Temecula Municipal Code for development within Flood Zone "A". A Flood Plain Development Permit is required prior to issuance of any permit. Commercial subdivisions may obtain a LOMR at their discretion. 60. A Flood Plain Development Permit and Flood Study shall be submitted to the Department of Public Works for review and approval. The flood study shall be in a format acceptable to the Department and 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 streets or approved storm, drain facilities. b. Adequate provision shall be made for the acceptance and disposal of surface drainage entering the property from adjacent areas. c. The impact to the site from any flood zone as shown on the FEMA flood hazard map and any necessary mitigation to protect the site. d. Identify and mitigate impacts of grading to any adjacent floodway. e. The ~ocation of existing and post development 100-year floodplain and floodway shall be shown on the improvement plan. Prior to Issuance of Building Permits 61. Parcel Map 28627 shall be approved and recorded; except that Parcel 12, which is existing Lot 11, MB 15 15/726, San Diego County Records, may proceed subject to the conditions of approval of the development application for that lot regardless of whether PM 28627 has been recorded at the time building permits are sought for the project. 62. 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. 63. 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. 64. The Developer shall pay to the City the Public Facilities Development impact Fee as required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and R:\E O T~2003\03-0105 TPM 28627~Final Reso.doc all Resolutions implementing Chapter 15.06. Prior to Issuance of Certificates of Occupancy 65. 66. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: · Rancho California Water District · Eastern Municipal Water District · Depadment of Public Works All necessary certifications and clearances from engineers, utitity companies and public agencies shall be submitted as required by the Department of Public Works. 67. All improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of Public Works. 68. The existing improvements shall be reviewed. Any appurtenance damaged or broken due to the construction operations of this project shall be repaired or removed and replaced to the satisfaction of the Director of Public Works. BUILDING AND SAFETY DEPARTMENT Prior to the Issuance of a Building Permit 69. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Planning Department to ensure the payment or exemption from School Mitigation fees. FIRE DEPARTMENT 70. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related cedes which are in force at the time of building plan submittal. 71. The Fire Prevention Bureau is required to set a minimum fire flow for commercial land division per CFC Appendix Ill-A, Table A-III-A-1. The developer shall provide for this project, a water system capable of delivering 4000 GPM at 20 PSI residual operating pressure with a 4 hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (CFC 903.2, Appendix H~-A) 72. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix Ill-B, Table A-III-B-1. Super fire hydrants (6" x 4" x 2-2 1/2" outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 350 feet apart and shall be located no more than 210 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix Ill-B) R:~E O Tx2003\03-0105 TPM 28627~Final Reso.doc 15 73. 74. 75. 76. 77. 78. 79. 80. 81. 82. Maximum cul-de-sac length shall not exceed 1320 feet. Minimum turning radius on any cul-de-sac shall be forty-five (45) feet. (CFC 902.2.2.3) If construction is phased, each phase shall provide approved access and fire protection prior to any building construction. (CFC 8704.2 and 902.2.2) Prior to building construction, all locations where structures are to be built shall have approved temporary Fire Department vehicle access roads for use until permanent roads are installed. Temporary Fire Department access roads shall be an all weather surface for 80,000 lbs. GVVV. (CFC 8704.2 and 902.2.2.2) Prior to building final, all locations where structures are to be built shall have approved Fire Department vehicle access roads to within 150 feet to any portion of the facility or any portion of an exterior wall of the building(s). Fire Department access roads shall be an all weather surface designed for 80,000 lbs. GVVV with a minimum AC thickness of .25 feet. ( CFC sec 902) Fire Department vehicle access roads shall have an unobstructed width of not less than twenty-four (24) feet and an unobstructed vertical clearance of not less than thirteen (13) feet six (6) inches. (CFC 902.2.2.1) Prior to building construction, dead end road ways and streets in excess of one hundred and fifty (150) feet which have not been completed shall have a turnaround capable of accommodating fire apparatus. (CFC 902.2.2.4) Prior to issuance of building permits, the developer shall furnish one copy of the water system plans to the Fire Prevention Bureau for approval prior to installation. Plans shall be signed by a registered civil engineer; contain a Fire Prevention Bureau approval signature block; and conform to hydrant type, location, spacing and minimum fire flow standards. After the plans are signed by the local water company, the originals shall be presented to the Fire Prevention Bureau for signatures. The required water system including fire hydrants shall be installed and accepted by the appropriate water agency prior to any combustible building materials being placed on an individual lot. (CFC 8704.3, 901.2.2.2 and National Fire Protection Association 24 1-4.1) Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective Markers" shall be installed to identify fire hydrant locations. (CFC 901.4.3) All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by firefighting personnel. (CFC 902.4) Prior to map recordation the applicant shall submit to the Fire Prevention Bureau a georectified (pursuant to Riverside County standards) digital version of the map including parcel and street centerline information. The electronic file will be provided in a ESRI Arclnfo/ArcView compatible format and projected in a State Plane NAD 83 (California Zone VI ) coordinate system. The Bureau must accept the data as to completeness, accuracy and format prior to satisfaction of this condition. (Added at Director's Hearing July 31, 2003) R:\E O TX2003\03-0105 TPM 28627~inal Reso.doc 16 Special Conditions 83. Prior to issuance of building permits, fuel modification plans shall be submitted to the Fire Prevention Bureau for review and approval for all open space areas adjacent to the wildland-vegetation interface. (FC Appendix II-A) 84. Prior to issuance of building permits, plans for structural protection from vegetation fires shall be submitted to the Fire Prevention Bureau for review and approval. The measures shalt include, but are not limited to, enclosing eaves, noncombustible barriers (cement or block walls), and fuel modification zones. (CFC Appendix II-A) COMMUNITY SERVICES DEPARTMENT GENERAL CONDITIONS 85. All perimeter landscaping, including the area within the ROW, fencing, open space and on site lighting within this development, shall be maintained by the property owner or a private maintenance association.. (Added at Director's Hearing July 31, 2003) 86. The developer shall provide adequate space for a recycling bin within the trash enclosure areas. (Added at Director's Hearing July 31, 2003) 87. The developer shall contact the City's franchised solid waste hauler for disposal of construction debris. Only the City's franchisee may haul construction debris. (Added at Director's Hearing July 31, 2003) PRIOR TO THE FINAL MAP/RECORDATION OF THE NEXT PHASE 88. A 10-foot public access easement along the east side of Murrieta Creek and the north side of Temecula Creek for trail purposes shall be dedicated to the City of Temecula. (Added at Director's Hearing July 31, 2003) 89. All information provided on the Final Map shall be updated. (Added at Director's Hearing July 31, 2003) PRIOR TO BUILDING PERMIT ISSUANCE 90. The developer shall provide TCSD with verification of arrangements made with the City's franchise solid waste hauler for disposal of construction debris. (Added at Director's Hearing July 31, 2003) 91. Prior to the first building permit or installation of arterial street lighting along the Western Bypass and Front Street, which ever occurs first, the developer shall complete the TCSD application process, submit an approved Edison Streetlight Plan and pay the appropriate energy fees related to the transfer of street lighting into the TCSD maintenance program. (Added at Director's Hearing July 31, 2003) OTHER AGENCIES 92. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated October 2, 1997, a copy of which is attached. R:~E O T~2003\03-0105 TPM 28627~FinaI Reso.doc 17 93. The applicant shall comply with the recommendations set forth in the Riverside County Flood Control and Water Conservation District transmittal dated November 10, 1997, a copy of which is attached. 94. The applicant shall comply with the recommendations set forth in the Rancho California Water District's transmittal dated October 1, 1997, a copy of which is attached. 95. The applicant shall comply with the recommendations set forth in Eastern Information Center's transmittal dated October 13, 1997, a copy of which is attached. 96. n .... k~, ~ ~nnn .-..,.;~o Cf ..,k;,-~ .... .-~,-k,~,~ (Deleted by the Planning Commission on March 15, 2000) 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 Printed Name Applicant Signature R:\E O T~2003\03-0105 TPM 28627~Final Reso.doc 18 · '~~. COUNTY OF PJVERSIDE. HEALTH SERVICES AGENCY DEPARTMENT OF,ENVIRONMENTAL HEALT,I- City of Temeeula Planning Department P.O. Box 9033 Temeeula, CA 92589 ATTN': John De Gange: RE:. TENTATIVE PARCEL MAP NO. 28627: A PORTION OF THE TOWN OF TEMECULA AS SHOWN BY MAP ON FILE IN BOOK 15, PAGE 726 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, AND. A PORTION OF THE RANCH TEMECULA, WHICH RANCHO WAS GRANTED BY PATENT DATED JANUARY 18, 1860, AND RECORDED IN Ti:IF. OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY IN LIBER 1 OF PATENTS AT PAGE 37 THEREOF, AND A PORTION OF THE PAUBA LAND AND WA'I:ER-~COMPANY'S SUBDMSION- OF TEMECULA RANCHO AS SHOWN BY MAP ON FILE IN BOOK 11, PAGE 507 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA. (14 LOTS) Dear Gentlemen: 1, The Departmem of Environmental Health has reviewed Tentative Parcel Map No. 28627 and recommends: A water system shall be installed according to plans and specifications a~ 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 Temeeula. The prints shall show the internal pipe diameter, location of valves and fire hydrants; pipe and joint specifications, and the size of the main at the junction 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 Parcel Map No. 28627 is in accordance with the water system expansion plans of the Eastern Municipal Water Distrct and that the water services, storage, and distribution system will be adequate to provide water service to such Parcel Map". This certification does not constitute a guarantee that it will supply water to such Parcel 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 plans must be submitted to the City of Temecula's Office to review at least TWQ WEEKS PRIOR to the request for the recordation of the final map, John M. Fanning, Oirector " 4065 County Circle Drive * Riverside, CA 92503 * Phone (909) 358-5316 * FAX (909) 358-5017 (Mailing Address - P.O. Box 7600 * Riverside, CA 92513-7600) DAVID P. Z~PPE G~neral r-.~la~mger-Ch cf Enginegr RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT Novembor 10, 1997 1995 MARKET STREET RIVERSIDE, CA 92501 909/'275-1200 909/788-9965 FAX 42125.1 City of Temecula Planning Department 43174 Business Park Drive Temecula, CA 92590 Attention: Hr, John De Gange Ladies and Gentlemen: Re: Parcel Map 28627 PA 97-0307 The District does not normally recommend conditions for land divisions or ........ 9t~r lan.d use cases in incorpora~e~_citi~s.. The.O.j.~rict-..also does..notplan check City land use cases, or provide State Division of Real Estate letters or other flood hazard reports for such cases. District comments/recommendations for such cases are normally limited to items of specific interest to the District including District Master Drainage Plan facilities, other regional flood control and drainage facilities which could be considered a logical component or extension of a master plan system, and District Area Drainage Plan fees (development mitigation fees). In addition, information of a general nature is provided. The District has not reviewed the proposed project in detail and the following comments do not in any way constitute or imply District approval or endorsement of the proposed project with respect to flood hazard, public health and safety or any other such issue. Tentative Parcel Map 28627 is a proposal for subdivision of 33.9 acres into 14 commercial lots along the future extension of Front Street, southeast of the intersection of Highway 79 and Interstate 215. This project is subject to severe flood hazard from Murrieta Creek. The' southwestern portion of the site is within the 100 year Zone AE flood plain limits for Murrieta Creek as delineated on Panel NO. 060742 O010A of the Flood Insurance Rate Maps issued in conjunction with the National Flood Insursnce Program administered by the Federal Emergency Management Agency (FEMA), The District's confluence study of Nurrieta Creek and Temecula Creek, determined the lO0-year flood elevation to vary between 994,0 and 994,5. All the elevations on the District maps are based on t929 NGVD. The high water mark during the flood of Janaury 1993 was 991.5. The pad elevations shown on the drawing is above the elevation for the Oistricts confluence study, Because of the extreme hazard posed by Nurrieta Creek, the City should consider not allowing development to proceed adjacent to the creek unti 1 the ultimate improvement can be constructed. Property adjacent to the creek and within the flood plain should be conditioned to construct the required improvements or participate in a financing mechanism such as an assessment district to ensure necessary improvements are constructed. City of Temecula Re: Parcel Map 28627 PA 97-0307 -2- November 10, 1997 If the City chooses to allow development to proceed, it should condition the a~plication to provide all studies, calculations, plans or other information needed to meet FEMA requirements. This project is located within the limits of the District's Murrieta Creek/Temecula Valley Area Drainage Plan for which drainage fees have been adopted; applicable fees should be paid by cashier's. check or money order to the Flood Control District or City prior to issuance of building or grading permits. Fees to be paid should be at the rate in effect at the time of issuance of the actual permit. Questions regarding this matter may be directed to me at 909/275-1214. Very truly yours., STUART E. MCKIBBIN 6enior Civil Engineer SM:slj i October 1, 1997 Mr. John De Gange City of Temecula Planning Department 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 SUBJECT: WATER AVAIl PARCEL MAP PLANNING Al Dear Mr. De Gange: Please be advised that-the the boundaries of Rancho Water service, therefore, financial arrangements bet~ If fire protection is required for fees and requirements. .ABIUTY 28627, APN 922-210-047 'PLICAT1ON NO. PA97-O307 ~bove-referencedproperty is located within · · California Water District (RCWD/District). would be available upon completion of een RCWD and the property owner. the customer will need to contact RCWD Water availability would be ~ x3ntingent upon the property owner signing an Agency Agreement whic~ assigns water management rights, if any, to RCWD. / The District requests that ball easements, dedicated to the Rancho California Water District be shown on the recorded parcel map. If you have any questions, please contact an Engineering Services Representative at this office Sincerely, RANCHO CALIFORNIA W,~ FER DISTRICT Steve Brannon, P.E. Development Engineering M 97/~8:eb194/FO12/FCF c: Laurie Williams, Engineedr~ anager Services Supervisor CALIFORNIA HISTORICAL RESOURCES INFORMATION ~YSTEM Oeparlment of,Ar~hmpolc~jy UnNersl~y of Cai'domia Rive~de, CA 925214)418 Phone (909) 787-574S Fax (909) 787-5409 October 13, 1997 $ohn D~ Gangc City of Temecula Planning l~nt P. O. Box 9033 Temecula, CA 92589-9033 .................... C~.~ No~: PA97-0307 Applicant: ~im Roberts (Margarita Canyon LLC) Dear Mr. De C,-ange: Plea~ fred enclosed our commits for oae project Wansmittal as requested by thc Plaxming Depa~baenL If you have any questions, plea~ contact thc 'l~A,~tern [nform~tlon Center (909) 787-574~ (plebe specify the ca~ numar and thc date on which we s~bmitted our comments). PA-0307 ............................................. ASAP Sincerely, Enclosure $cnnif~r Bybee Information Officer (~ALIFORNIA HISTORICAL RESOURCES INFORMATION ~YSTEM ure~-s~ of ca~orr~a Riverside, CA 92521-0418 Ft~ene (~09) 787-5745 F~x {~09) 787.S409 CUL~L RF_~OURCE I~EVIEW DATE: October 1'~, 1997 If you have any questions, please con,act ua, Eastera Information Center · ' DEPARTMENT OF TRANSPORTATION Octubcr 20, 1997 Mr. John I. DeOange Project Planner City of Tenteeula Planning Depa~tu~ent P. O. Box 9033 Temecula, CA 92589-9033 Dear Mr. DeC, ange: 08-Riv-15-3.1/3.7 Planning, Applt-eationNo; PA 97-0307: 'Tentativ&'Pareel MaP 28627 ' A recent review of this proposal by Caltraus' Traffic Engineers has made it clear this proposal is not acceptable as presented on Teatative Parcel Map 28627, dated September 1997. Their findings are as follows: The proposed access to Front Street is too close to the existing 1-15 ramps'to be safe and provide acceptable traffic patterna on the city's street as well as the 1-15 ramps. * It is in conflict with a plan by the city to upgrade Front Street and the ramps terminating there as well as the city's proposed future "Western Bypass." If this proposal is to go forward it must propose a different point of access to the local road system. Perhaps a connection to the city's proposed "Western Bypass" would be a more suitable location. Please send the following to this office at the earliest opportunity: · Grading Plans shall depict both existing and proposed contour lines. · Drainage Phns shall depict all existing and proposed drainage facilities and structures, including any State facilities. · Site/PlotPlans. Landscaping Plans shall depict all proposed signage in addition to landscaping ........ layout. Mr. John I. DeGange October 20, 1997 Page 2 · Street Improvement Plans - shall depict all proposed improvements, including signalization. · Additional items of concern may be cxpressed upon receipt of the above requested documents. ' It' ~6ii have any questions, please contact Cecil Karstensen at (909) 383-5922 or FAX (909) 383-7934. Very truly yours, ROBERT G. HARVEY Cldef, Office of Riverside County Transpomtion Planning STATI= O~ CAUFORNIA--~USINESS. ~. ATION AND HOUSING AGENCY DEPARTMENT OF TRANSPORTATION DISTRICT 8 464 W Fourth Street, 6th F~oor MS 726 San Bemardino. CA 92401-1400 PHONE (909) 383-6327 FAX (909) 383-6890 GRAY DAVIS. Governor December 8, 1999 08-Riv-15-3.422 Mr. John De Gange Planning Department City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Dear Mr. De Gange: Notice of Proposed Negative Declaration, Case Number PA97-O307 for Tentative Parcel Map 28627, Margarita Canyon LLC. Applicant We have received the above noted document identifying environmental impacts and mitigation measures associated with future development of Parcel Map 28627. We a~.gr_e._e, th, a! by _r~e.quirin. g..the described relocation of project access as a condition of pp~ uvah ~mpac[ [o .ex,sang southbound nterstate 15 off/on ramps may be minimized. owever, potential impacts to TPM 28627 arising from a planned future modification of these ramps have not been directly assessed. Revision of parcel map access and lot configuration must be coordinated with ramp modification plans currently being prepared to ensure compatibility between both improvement projects. N.otification of pending development activity for TPM 28627 will be forwarded to other D~strict offices and staff. When revised development plans for TPM 28627 are available, please forward copies to us for further review. Any remaining District concerns will then be addressed and returned for continued parcel map application processing. If an exchange of preliminary project information is desired pdor to redesign of pamel map access, a meeting to discuss all pertinent issues may be arranged here at District Headquarters. We recommend that such a meeting be held to help identify and thus avoid unforeseen conflicts arising with futur~ site development. We also recommend that all parties having an interest in this situation be invited to attend this meeting. This would include project applicants or representatives as well as all City and affected Caltrans staff. Mr. John De Gange December 8, 1999 Page 2 · Thank you for providing us this noti~cation of proposed eroiect n at you have ether questions or w -~,~ ~,~,.- ,- __L_ ~ . _ ... . eg ive declaration. If F Clark nf mno~ oo., ,,,,.-... o,,,¥ ~,,,= ~u ~eoule a meeun~ Please contact M~ ...... ,vv./ooo-o~uo for assistance. - Sincerely, LINDA GRIMES, Chief Office of Forecasting/IGR-CEQA Review c: Frank Lehr, Freeway Operations Patrick Hsu, Highway Operations . Terri Parks, Project Management Khalil Saba, Project Management Christy Conners, Design Team