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HomeMy WebLinkAbout03_045 PC ResolutionPC RESOLUTION NO. 2003-045 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA03-0136, A TENTATIVE TRACT MAP NO. 31259 FOR 31 INDUSTRIAL CONDOMINIUM UNITS AND A COMMON AREA ON 5.58 ACRES, GENERALLY LOCATED ON THE NORTH SIDE OF ZEVO DRIVE, APPROXIMATELY 635 FEET EAST OF WINCHESTER ROAD KNOWN AS ASSESSORS PARCEL NO. 909-370-008 WHEREAS, California Business Condominiums, Temecula, LLC, filed Planning Application No. PA03-0136 (Tentative Tract Map), in a manner in accord with the City of Temecula General Plan and Development Code; WHEREAS, the Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission, at a regular meeting, considered the Application on July 16, 2003, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter; WHEREAS, at the conclusion of the Commission hearing and after due consideration of the testimony, the Commission recommended approval of the Application subject to and based upon the findings set forth hereunder; WHEREAS, all legal preconditions to the adoption of this Resolution have occurred. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. by reference. That the above recitations are true and correct and are hereby incorporated Section 2. Findin.qs. The Planning Commission, in approving the Application hereby makes the following findings as required by Section 16.09.140 of the Temecula Municipal Code: A. The proposed subdivision is a Tentative Tract Map for industrial condominiums and is consistent with the Development Code, General Plan, Subdivision Ordinance, and the City of Temecula Municipal Code because the proposed Tentative Tract Map complies with the development standards and will function as a typical single large lot with individual owners of each suite. B. The project site is not subject to any agreements entered into pursuant to the California Land Conservation Act of 1965, because the project site is not within an area requiring conservation nor is the land or surrounding land used for agricultural purposes. R:'~D l~2002\02-0707 Zevo Industrial Condo's~Staff Report.doc 26 C. The site is physically suitable for the type and proposed density of development proposed by the tentative map because the project site will function as a single lot, which allows for the required access, circulation and improvements, however the individual industrial condominium units will be individually owned. D. The design of the subdivision and the proposed improvements, with conditions of approval, are not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat, because the project conforms with the initially adopted Negative Declaration and all required mitigation measures have been incorporated into the conditions of approval. E. The design of the subdivision and the type of improvements are not likely to cause serious public health problems because development will be inspected by City Staff prior to occupancy to ensure all improvements are constructed in a manner consistent with City of Temecula standards. F. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible, because the construction plans will comply with all applicable building codes and State energy guidelines. G. 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 because required off-site dedications and improvements have been provided or will be acquired as conditions of approval. H. The subdivision is consistent with the City's parkland dedication requirements (Quimby) because the project has been conditioned to pay in-lieu fees consistent with city standards for industrial condominiums. Section 3. Environmental Compliance. A Negative Declaration was approved for Pamel Map 24085, which addressed all the environmental impacts on the site. An addendum to the adopted Negative Declaration for Parcel Map 24085 has been prepared, and determined that no further environmental review is required because the potential significant impacts have been previously mitigated. The application is consistent with the project description analyzed in the Negative Declaration for Pamel Map 24085, and no subsequent environmental review is necessary per Section 15164 of the California Environmental Quality Act Section 4. Conditions. That the City of Temecula Planning Commission hereby conditionally approves the Application, for a Tentative Tract Map for 31 industrial condominium units, plus a common area as set forth on Exhibit A, attached hereto, and incorporated herein bythis reference together with any and all necessary conditions that may be deemed necessary. R:~D PL2002\02-0707 Zevo Industrial Condo's\Staff Report.doc 27 Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula ?la~ning Commission this 16th day of July 2003. Dennis Chinaeff, Chairper~'-''~ ATTEST: Debbie ~hooJ~.e, 'Sei~Fet~ry. [SEA£] g:.-~...,/-%, -' STAT~OE CALIF~RNIA.~-~ COUN~¢;OF~RtVER ~ ) CITY OF-~E~ ) I, Debbie Ubnoske, Secreta~ of the Temecula Planning Commission, do hereby cedifythat PC Resolution No. 2003-045 was duly and regularly adopted by the Planning Commission of the Ci~ of Temecula at a regular meeting thereof held on the 16*~ day of July, 2003, by the following vote of the Commission: AYES: 5 PLANNING COMMISSIONERS: Chiniaeff, Guerriero, Mathewson, OIhasso, Telesio NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 0 PLANNING COMMISSIONERS: None ABSTAIN: 0 PLANNING COMMISSIONERS: None Deb'hie Ubnoske, Secretary R:~J) P~2002\02-0707 Zevo Industrial Condo's~Staff Report.doc 28 EXHIBIT A CONDITIONS OF APPROVAL R:kD PQ.002\02-0707 Zevo Industrial Condo's\Staff Report.doc 29 EXHIBIT A CITY OFTEMECULA CONDITIONS OF APPROVAL Planning Application No.: PA03-0136 (Tentative Tract Map No. 31259) Project Description: A Tentative Tract Map for 31 Industrial Condominiums and a common area on 5.58 acres Assessor's Parcel No.: 909-370-008 Approval Date: July 16, 2003 Expiration Date: July 16, 2006 PLANNING DIVISION Within Forty-Eight (48) Hours of the Approval of this Project The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of One Thousand Three Hundred Twenty-Eight Dollars ($1,328.00) 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 Dollars ($64.00) County administrative fee, to enable the City to file the Notice of Determination for the Mitigated or Negative Declaration required under Public Resoumes Code Section 21108(a) and California Code of Regulations Section 15075. If within said forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of 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 Ordinance No. 460, unless modified bythe 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 the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or 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. The City shatl be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify 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 the 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. R:'d) P~2002\024)707 Zevo hadustxial Condo's\Staff Repmt,doc 3O If Subdivision phasing is proposed, a phasinq plan shall be submitted to and approved by the Planning Director. The applicant shall comply with the conditions of approval for Planning Application 96-0140 and Parcel Map No. 24085, including the mitigation measures included therein, unless superseded by these conditions of approval. 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. A qualified paleontologist/archaeologist shall be chosen by the developer for consultation and comment on the proposed grading with respect to potential paleontological/ archaeological impacts. A meeting between the paleontologist/archaeologist, Planning Department staff, and grading contractor prior to the commencement of grading operations and the excavation shall be arranged. The paleontologist/archaeologist or representative shall have the authority to temporarily divert, redirect or halt grading activity to allow recovery of fossils. A qualified amhaeologist shall be chosen by the developer and approved by the Planning Director for the purpose of conducting a stratified surface sampling of archaeological site CA-RIV 237. The amhaeologist shall excavate 20 to 30 one cubic meter surface units to determine the depth, spatial extent and significance of the site. Based on the results of these tests, the extent of further sampling and data collection will be determined. A qualified archaeologist shall also monitor grading activities and shall have the authorityto temporarily halt or redirect grading activity to allow recovery of cultural resources. A native American representative shall be present during amhaeological testing and during grading and shall also have the authority to temporarily halt or divert grading activity. 10. Prior to the approval of a grading permit, an overall conceptual grading plan shall be submitted for approval. The plan shall be used as a guideline for subsequent detailed grading plans for individual phases of development and shall include the following: a. Techniques which will be utilized to prevent erosion and sedimentation during and after the grading process. Approximate time frames for grading and identification of areas which may be graded during the higher probability rain months of January through Mamh. c. Preliminary pad and roadway elevations. d. Areas of temporary grading off-site. Prior to Recordation of the Final Map R:~D P~2.002\02-0707 Zevo lndustxial Condo's\Staff ReporLdoc 31 The following shall be submitted to and approved by the Planning Division: 11. A copy of the Final Map. 12. A copy a. of the Environmental Constraint Sheet (ECS) with the following notes: 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. An Addendum to a Negative Declaration was prepared for this project and is on file at the City of Temecula Planning Department. This project is within the Alquist-Priolo Special Studies Zone. Archaeological and paleontological monitoring of grading is required, and summary reports shall be submitted to the Planning Department prior to the issuance of building permits. The property is affected by earthquake faulting and ground fissures. Structures for human occupancy shall not be allowed in the fault and ground fissure hazard area. County Geologic Report No. 627 was prepared for this property on June 7, 1989 by Schafer Dixon Association as well as County Geologic Report No 1136 prepared by EnGen Corporation dated February 25, 2003, as well as a revised supplemental Geotechnical Engineering Study entitled Response to County Geologic Report No 1136, Revised, prepared by EnGen Corporation dated May 30, 2003 and is on file at the City of Temecula Planning Department. Specific items of concern are as follows: earthquake faulting, fissuring and ground subsidence, liquefaction, landsliding and uncompacted trench backfill. 13. A copy a, of the Covenants, Conditions, and Restrictions (CC&R's) CC&R's shall be reviewed and approved bythe Planning Director. The CC&R's shall include liability insurance and methods of maintaining open space, recreation areas, parking areas, private roads, exterior of all buildings and all landscaped and open areas including parkways. The CC&R's shall be prepared at the developer's sole cost and expense. The CC&R's shall be in the form and content approved by the Planning Director, City Engineer and the City Attorney and shall include such provisions as are required by this approval and as said officials deem necessary to protect the interests of the City and it's residents. The CC&R's and Articles of Incorporation of the Property Owner's Association are subject to the approval of the Planning and Public Works Departments and the City Attorney. They shall be recorded concurrent with the final map. A recorded copy shall be provided to the City. The CC&R's shall provide for the effective establishment, operation, management, use, repair and maintenance of all common areas, drainage and facilities. The CC&R's shall provide that the property shall be developed, operated and maintained so as not to create a public nuisance. R:\D P~2002\02-0707 Zevo lndusffial Condo's~Slaff Report.doc 32 The CC&R's shall provide that if the property is not maintained in the condition required by the CC&R's, then the City, after making due demand and giving reasonable notice, may enter the property and perform, at the owner's sole expense, any maintenance required thereon by the CC&R's or the City Ordinances. The property shall be subject to a lien in favor of the City to secure any such expense not promptly reimbursed. Every owner of a suite or lot shall own as an appurtenance to such suite or lot, either (1) an undivided interest in the common areas and facilities, or (2) a share in the corporation, or voting membership in an association owning the common areas and facilities. All open areas and landscaping shall be permanently maintained by the association or other means acceptable to the City. Such proof of this maintenance shall be submitted to the Planning and Public Works Department prior to the issuance of building permits. Reciprocal access easements and maintenance agreements ensuring access to all parcels and joint maintenance of all roads, drives or parking areas shall be provided by the CC&R's or by deeds and shall be recorded concurrent with the map or prior to the issuance of building permit where no map is involved. 10. The applicant shall submit to the Planning Department a copy of a recorded Reciprocal Use Agreement, which provides for cross-lot access and parking across all lots and establishes mutual responsibility for all commonly accessed areas and street front landscaping. 11. No lot or suite in the development shall be sold unless a corporation, association, property owner's group or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CC&R's, which shall include compulsory membership of all owners of lots and/or suites and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit enforcement by the City for provisions required as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the city prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. Prior to Issuance of Building Permits The following shall be submitted to and approved by the Planning Division: 12. Three (3) copies of Construction Landscaping and Irrigation Plans. The location, number, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Landscaping Ordinance. The cover page shall identity the total square footage of the landscaped area for the site. The plans shall be accompanied by the following items: a. Appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal). b. One (1) copy of the approved grading plan. R:'O PX2002\02-0707 Zevo lndus~al Condo's\Staff Report.doc 33 Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance). Total cost estimate of plantings and irrigation (in accordance with the approved plan). The locations of all existing trees that will be saved consistent with the tentative map. Automatic irrigation for all landscaped areas and complete screening of all ground mounted equipment from the view of the public from streets and adjacent property for: i. ii. Front yard and slopes prior to issuance of building permit. Private common areas prior to issuance of the first building permit. iii. All landscaping excluding Temecula Community Services District (TCSD) maintained areas and front yard landscaping, which shall include, but may not be limited to private slopes and common areas. g. Hardscaping for the following: i. Pedestrian paths within private common areas, ii. Wall and Fence Plans consistent with the Conceptual Landscape Plans showing the height, location and the following materials for all walls and fences. Precise Grading Plans consistent with the approved rough grading plans including all structural setback measurements. The applicant shall submit a receipt or clearance letter from the Temecula Valley School District to the Planning Department to ensure the payment or exemption from school mitigation fees. Prior to Issuance of Occupancy Permits 14. If deemed necessary by the Director of Planning, the applicant shall provide additional landscaping to effectively screen various components of the project. 15. All required landscape planting and irrigation shall be installed consistent with the approved construction plans and shall be in a condition acceptable to the Director of Planning. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 16. Landscaping shall be completed prior to final inspection. 17. Common area landscaping shall be completed for inspection prior to issuance of the certificate of occupancy permit. 18. Performance securities, in amounts to be determined by the Director of Planning, to guarantee the maintenance of the plantings within private common areas for a period of one year, in accordance with the approved construction landscape and irrigation plan, shall be filed with the Planning Department for one year from final certificate of occupancy. After that year, if the landscaping and irrigation system have been maintained in a condition satisfactory to the Director of Planning, the bond shall be released. R:~D P~2002\024)707 Zevo Industrial Condo's~Slaff Report.doc 34 19. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. PUBLIC WORKS DEPARTMENT General Requirements 18. 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. 19. 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. 20. 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. 21. All 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. Prior to Approval of the Final 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: 22. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: f. g. h. i. j. k. I. m. n. 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 23. The Developer shall design and guarantee construction of the following public improvements to City of Temecula General Plan standards unless otherwise noted. Plans shall be reviewed and approved by the Department of Public Works: R:~D PX2002\02-0707 Zevo ladustrial Condo's\Staff Report.doc 35 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. Improve Zevo Drive (Principal Collector Highway Standards - 78' R/W) to include installation of drainage facilities, and utilities (including but not limited to water and sewer). Unless otherwise approved the following minimum criteria shall be observed in the design of the street improvement plans: a. Driveways shall conform to the applicable City Standard No. 207A b. All street and driveway centerline intersections shall be at 90 degrees. c. 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 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. Relinquish and waive right of access to and from Zevo Drive on the Final Map with the exception of two openings as delineated on the approved Tentative Tract Map. Any delinquent property taxes shall be paid. An Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the Final 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 for review and approval. The Developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet recorded with any underlying maps related to the subject property. The Developer shall make a good faith effort to acquire the required off-site property interests, and if he or she should fail to do so, the Developer shall, prior to submittal of the Final Map for recordation, enter into an agreement to complete the improvements pursuant to the Subdivision Map Act, Section 66462 and Section 66462.5. Such agreement shall provide for payment by the Developer of all costs incurred by the City to acquire the off-site property interests required in connection with the subdivision. Security of a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the Developer, at the Developer's cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. The Developer shall record a written offer to participate in, and wave all rights to object to the formation of an Assessment District, a Community Facilities District, or a Bridge and Major Thoroughfare Fee District for the construction of the proposed "Western bypass Corridor" or "Medians in accordance with the General Plan". The form of the offer shall be subject to the approval of the City Engineer and City Attorney. 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. R:~D P~2002\02-0707 Zevo lndus~ial Condo's\Staff Report.doc 36 34. A 26-foot (minimum) easement shall be dedicated for public utilities and emergency vehicle access for all private streets and drives. 35. An easement for a joint use driveway shall be provided prior to approval of the Final Map or issuance of building permits, whichever occurs first. 36. Easements, when required for roadway slopes, landscape easements, drainage facilities, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted for review and recorded as directed by the Department of Public Works. On-site drainage facilities located outside of road right-of-way shall be contained within drainage easements and shown on the final map. A note shall be added to the final map stating, "drainage easements shall be kept free of buildings and obstructions." Prior to Issuance of Grading Permits 37. 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 38. 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. 39. 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. 40. 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 liquefaction. 41. 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. R:\D P~2002\02-0707 Zevo lndustxial Condo's\Staff Report.dec 37 42. The Developer must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent (NOI) has been filed or the project is shown to be exempt. 43. 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. 44. 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, 45. 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. Prior to Issuance of Building Permits 46. Final Map shall be approved and recorded. 47. 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. 48. Grading of the subject property shall be in accordance with the California 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. 49. The Developer shall pay to the City the Public Facilities Development Impact Fee as required by, and in accordance with, Chapter 15.08 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.06. 50. The Developer shall pay to the City the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program as required by, and in accordance with, Chapter 15.08 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.08. Prior to Issuance of Certificates of Occupancy 51. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. Rancho California Water District b. Eastern Municipal Water District c. Department of Public Works R:~D PX2002\02-0707 Zevo Industrial Condo's~Staff Report.doc 38 52. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by the Department of Public Works. 53. All improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of Public Works. 54. 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 55. The City of Temecula has adopted an ordinance to collect fees for a Riverside County area wide Transportation Uniform Mitigation Fee (TUMF). Upon the adoption of this ordinance on March 31,2003, this project will be subject to payment of these fees at the time of building permit issuance. The fees shall be subject to the provisions of Ordinance 03-01 and the fee schedule in effect at the time of building permit issuance. 56. Submit at time of plan review, a complete exterior site lighting plans showing compliance with Ordinance No. 655 for the regulation of light pollution. All street lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. 57. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building & Safety Department to ensure the payment or exemption from School Mitigation Fees. 58. A pre-construction meeting is required with the building inspector prior to the start of the building construction. Other Agencies 59. 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. 60. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated January 6, 2003, a copy of which is attached. 61. The applicant shall comply with the recommendations set forth in the Rancho California Water District's transmittal dated January 6, 2003, a copy of which is attached. 62. The applicant shall comply with the attached letter dated February 4, 2003 from Riverside County Flood Control and Water Conservation District. 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 Signature R:~D Px2002\02-0707 Zevo Industrial Condo's\Staff Report.doc 39 January 6, 2003 Dan Long, Case Planner City of Temecula Planning Department 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 SUBJECT: WATER AND SEWER AVAILABILITY PARCEL NO. 3 OF PARCEL MAP NO. 24085-2 APN 909-370-008 PLANNING APPLICATION NO. PA02-0707 THE VINYARD Dear Mr. Long: Please be advised that the above-referenced property is located within the. boundaries of Rancho California Water District (RCWD). Water and sewer service, therefore, would be available upon construction of any required on-site and/or off-site water and sewer facilities and the completion of financial arrangements between RCWD and the property owner. If fire protection is required, the customer will need to contact RCWD for fees and requirements. Water availability would be contingent upon the property owner signing an Agency Agreement that assigns water management rights, if any, to RCWD. This project is shown as an industrial condominium site with individual building owners and a homeowners' association maintaining the common property and private water and fire protection facilities. RCWD requires that the City of Temecula include a Reciprocal Easement and Maintenance Agreement for these on-site private water facilities, as a condition of the project. In addition to this agreement, RCWD will require individual water meters for each unit. If you should have any questions, please contact an Engineering Services Representative at this office. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Steve Brannon, P.E. · Development Engineering Manager 03XSB:at003~FCF Laurie Williams, Engineering Services Supervisor Bud Jones, Senior Engineering Technician County of Riverside DEPARTMENT OF ENVIRONMENTAL HEALTH DATE: January 6, 200~ua (-) TO: CITY OF TEMECULA PLANNING DEPARTMENT ATTN: Matthew Fagan FROM ~/ GREGOR DELLENBACH, Environmental Health Specialist IV RE: PLOT PLAN NO. PA02-0707 1. The Department of Envimnmental Health (DEH) h as reviewed t he P lot P lan N o. P A02- 7007. (Zero Industrial Condo's). Sanitary sewer and water services are available in this area. 2. PRIOR TO PLAN CHECK SUBMITTAL, THE FOLLOWING ITEMS WILL BE a) "Will-serve" letters from the watering and sewering agencies. b) If required, three(3) complete sets of plans for vending or food facilities will need to be submitted with appropriate fees ( to DEH Offices c/o Food Plan Check, 38740 Sky Canyon Drive, Suite A. Murrieta, CA. 92563), in order to ensure compliance with the California Administrative Code, California Health and Safety Code and the Uniform Building Code. (Office phone 909.461.0284) GD:gd (909) 955-8980 WARREN D.'WILEIAMS General Manager-Chief Engineer 1995 MARKET STREET RIVERSIDE, CA 92501 909.955.1200 909.788.9965 FAX 51180.1 RIVERSIDE COUNTY FLOOD CONTROL -: AND WATER CONSERVATION DISTRICT ',! ~ City of Te~ecula . x Plannin~ uepartment Post Office Box 9033 Temecula, California 92589-9033 Attention: .T) A I~, L.~/q G, ~Y Ladies and Gentlemen: Re: PA 0 'Z- - 0 '70 '7 The Distdct does not normally recomm..eod condition, s for land divisions. .or ..o. th.er~la.n.d use.c~_se.sin in. co..r~9, rated cities. The District also does not ,plan check ci~ lane use cases, or prowo.e. :state u~ws~on et Keel I=state.!e~.qm.. or' other flood hazard reports for SUCh cases District cammentsJrecommend.ations for such...cq, ses are norm.a,y to items of specific ~nterest to the District indudi~ Oi. stri.ct Master Drainage Pla? fa. calltie, s, other regmnal .o control and drainage facilities which could be consieer..e9 a iogica camponen..t..or e~enmon-ot a master p~n system', and Distdct Area Drainage Plan fees (development m~tigation fees}. In addition, reformation of a general nature ~s provided. The Distdct has not rev ewed the proposed project in detail and the fo!lowing .ch ..e?tk. ed com.m.ent.s do. .not in a. ny .w~..y constitute or imply Distdct approv, al or endorsement of the propesso project with respect to tloo~ nazaro, pumic health and safety or any other such issue: ~ This pr.oje.~ wo. uld not b.e impacted by District Master Drainage Plan facilities nor ar~ other facilities of regiona~ interest propose(]. This project involves District Ma...s.t, er Plan.facilities.. Tl?e .D. is~.ct, wi!l a. ccept .ownem.~p .o.f .su.ch fa.cilitiqs on, written request of the C. ity. Facil!tie.s must ee constructee to uist[i.'ct sta.n, oaras, aha u3s. mct pmq cnec.~.l~?no inspg'ction will be requ~r6d for D~strtct acceptance. Plan check, inspection and admm~stmtwe tees ~n De required. · This project propes.es channels s. torm .drains. 36.inches or. I.arger. in .die, meter, or other facilities that could be conmdered regional in nature aha/or a lOgiCal exnension et me eeopte~ Master Dra nage Plan. The District would can~der ac.c?ptipg .o~em. h_ip et su .c_.~ faci.'l~Je.s on.Wntten [eque.s.t. of the C ty. Facilities must be constructed, to .uistrict stanoara.s a. no u~strict p.mn check eno ins .pqction be reguirbd for Distdct acceptance. P an cnecK, nspection aha aoministrative tees will be requ rea. v"" This project is located within the ii.mits .of the.Dis~ct'.s ~nefJ/~T/~ ~.~&~../'r~ £~tJt~ Dra nage P an for .wa ch .alta. ina. ge [e. es .na..ve .De.en.q aeo.ptea agpltCable tees~s, ino.,uJcl be paid,by casme..rs check or money oraer omy to me vmoo c;ontrm uistrict prior to issuance ~ Dui~eing or graoin.q perm~ whichever comes first. Fees to be paid should be at the rate in effect at the time of issuance of me actuat permit. GENERAL INFORMATION This project ma), require a National Pollutant ..Discharge .E!imination.System. (NPDES) .perm. i! from the State Water Resources Control Board. Clearance tot graoing recoraation, or omer nna approve snoum not be given until the City has determined that the project has bden granted a permit or s shown to be exempt. f this project nvolves a Federal Emerge .n~y. Man.age. ment Age, ncy (FL,MA) mapped fl ..oqd plain then.the City s_h.9.u, ld require the appliCant to provide all sfuoies. Camumtions, I~ans eno omer mtormation r_equired to meet ~-~-M~ requirements and should further require that the a,pplicant obtain a Conditional Letter of Map Revision (CLOMR) pdor to grad ne, recardat on or other final apprava~of the project, and a Letter of Map Revision (LOMR) pdor to occupancy. If a natural watercourse or mapped flood plain is imp.acted by this project, the, City should reg.uira~.'.~e a~)p. li.~nt, to. obtain a Section 1601/1603 Agreement from the California Department of Fish and Ge,me an.o a tJ!ean water .Act Section 404 Perm t from the U S Army Corps of Engineers, o.r .wri~en correspo.n_oq.n, ce' tro~m .m..e~ a.g_en.~.es indicating the project is exempt fram these reqmraments. A~Clean water Act Section 4u1 water uua6ty c;~ersnCation may be required from the local California Regional Water uuality Control Board pdor to issuance of the tJorps 404 permit. - Very truly yours, STUART E. MCKIBBIN Senior Civil Engineer Date: