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.
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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.
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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
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EXHIBIT A
CONDITIONS OF APPROVAL
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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,
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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.
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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.
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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.
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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)
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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
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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.
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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
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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.
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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