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HomeMy WebLinkAbout2021-02 PC Resolution PC RESOLUTION NO. 2021-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA18-0662, A TENTATIVE TRACT MAP (TTM 37509) FOR THE CREATION OF 111 SINGLE FAMILY RESIDENTIAL LOTS, 31 CONDOMINIUM LOTS AND 9 OPEN SPACE LOTS LOCATED ON THE SOUTHWEST CORNER OF DATE STREET AND YNEZ ROAD,AND MAKING A FINDING THAT THE PROJECT IS NOT SUBJECT TO FURTHER ENVIRONMENTAL REVIEW UNDER SECTIONS 15182 AND 15162 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On May 7,2018,MLC Holdings, Inc filed two Planning Applications:No. 18-0661, a Development Plan and No. PA 18-0662,a Tentative Tract Map(TTM 37509). These applications (collectively"Project") were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. The Project was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Commission, at a regular meeting, considered the Project and environmental review on January 6, 2021, 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. D. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PA18-0662, subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of the Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that: Tentative Tract Map, Development Code Section 16.09.140 A. The proposed subdivision and the design and improvements of the subdivision are consistent with the Development Code, General Plan,any applicable specific plan, and the City of Temecula Municipal Code. The maximum number of residential units allowed within the Residential Overlay of the Harveston Specific Plan is 1,000. The proposed project proposes the creation of 111 single family residential lots, 31 condominium lots, and 9 open space lots. As such, the total number of residential units are below what is allowed per the Specific Plan. Furthermore, the proposed Tentative Map is consistent with the design requirements of the Harveston Specific Plan. Therefore, the proposed subdivision and the design and improvements of the subdivision are consistent with the Development Code, General Plan, the City of Temecula Municipal Code, and the Harveston Specific Plan. B. The Tentative Map does not propose to divide land, which is the 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 property has not been used as agricultural land and has never been subject to any Williamson Act contracts. C. The site is physically suitable for the type and proposed density of development proposed by the Tentative Map. The site is physically suitable for the type and proposed density of development proposed by the Tentative Map. The proposed Tentative Map is in accordance with what is allowed by the previously approved Residential Overlay within the Harveston Specific Plan which allows for 1,000 residential units. Specifically, Planning Area 12 allows for a maximum of 1,000 residential units with a minimum lot size of 2,000 square feet and average lot area of 2,500 square feet. The Tentative Map proposes an average lot size of 2,989 square feet and a minimum lot size of 2,639 square feet. As such, the site is suitable for this development proposed. D. The design of the subdivision and the proposed improvements, with Conditions of Approval, are either: 1. Not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat, or 2. An environmental impact report has been prepared and a finding has been made, pursuant to Public Resources Code Section 21081(a)(3), finding that specific economic, social, or other considerations make infeasible mitigation measures or project alternatives identified in the environmental impact report. A Subsequent Environmental Impact Report (SEIR) was prepared and certified on December 1, 2020 in connection with the second amendment to the Harveston Specific Plan that allowed for the creation of the residential overlay zone (EIR No. SCH# 2019070974). The SEIR identified seven (7) areas where no impacts were discovered. These areas are: Aesthetics, Agriculture and Forestry, Geology and Soils, Hazards and Hazardous Materials,Hydrology and Water Quality,Mineral Resources,and Wildfire. The analysis identified seven (7) areas where impacts were not considered to be significant. These areas include: Energy, Greenhouse Gas Emissions and Climate Change, Land Use and Planning, Population and Housing, Public Services, Recreation, and Utilities and Service Systems. The SEIR recommended feasible mitigation measures for environmental impacts that can be mitigated to a less than significant impact in the following areas: Biological Resources, Cultural Resources, Noise, Transportation, and Tribal Cultural Resources. A Mitigation Monitoring and Reporting Program was adopted in connection with the SEIR. Consequently, the Tentative Map, which implements the second amendment to the Harveston Specific Plan, is not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat, based on the analysis in the SEIR. In addition, while the SEIR identified Air Quality as creating significant and unavoidable impacts, in accordance with Section 15093 of the State CEQA Guidelines, a Statement of Overriding Considerations was adopted stating that the significant adverse project effects are acceptable because the expected project benefits outweigh unavoidable adverse environmental impacts. In addition, the City Council adopted Findings of Facts in Support of Findings that identify that, with respect to Air Quality, specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final SEIR. The Findings of Fact in Support of Findings are incorporated herein as if set forth in full. Because the Tentative Map implements the Harveston Specific Plan as amended, these same considerations and findings apply here.. E. The design of the subdivision and the type of improvements are not likely to cause serious public health problems. The design of the subdivision and the type of improvements are not likely to cause serious public health problems because the proposed development is consistent with all applicable building, development and fire codes, which include provisions to safeguard public health, and will be further reviewed and inspected by City staff for compliance with all applicable building, development and fire codes prior to issuance of any grading, building, or occupancy permits. F. 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 provides for future passive or natural heating or cooling opportunities. The project has been designed to ensure that all setbacks have been met and that light and air access is available to the extent possible. In addition, the construction will be required to conform to all state energy efficiency codes as well. 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. The subdivision was designed, and the improvements being proposed including the residential lots will not conflict with existing or future easements acquired by the public at large for access through or use of property within the proposed subdivision. The project is being conditioned to grant all required easements and dedications. H. The subdivision is consistent with the City's parkland dedication requirements (Quimby Act). The subdivision is consistent with the City's parkland dedication requirements (Quimby Act) because payment of Quimby fees has been included as a condition of approval of the project. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Tentative Map: A. In accordance with the California Environmental Quality Act, it has been determined that no further environmental review of the proposed project is required (Section 15182, Projects Pursuant to a Specific Plan and Section 15162, Subsequent EIRs and Negative Declarations); 1. On August 14, 2001, the City Council certified the Program Environmental Impact Report for the Harveston Specific Plan (SCH #99041033). Amendment No. 1 to the Harveston Specific Plan(SP 13) was approved on August 26, 2003 by the adoption of Resolution No. 03-110. A Subsequent Environmental Impact Report (SEIR) was prepared and certified on December 1, 2020 in connection with the second amendment to the Harveston Specific Plan that allowed for the creation of the residential overlay zone. The proposed project has been determined to be consistent with the previously adopted Harveston SEIR. Staff has determined that the project is exempt from CEQA pursuant to CEQA Guidelines Section 15182 as the proposed residential development is in conformity with the Harveston Specific Plan, as amended. Staff has reviewed the SEIR and has determined that the proposed project does not require the preparation of a subsequent Environmental Impact Report as none of the conditions described in Section 15162 of the CEQA Guidelines(14 Cal. Code Regs. 15162)exist. Specifically, there are no substantial changes proposed by the proposed project that will require major revisions of the previous SEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; no substantial changes have occurred with respect to the circumstances under which the proposed project are undertaken that will require major revisions of the previous SEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and there is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous SEIR was adopted, showing that: (a) the proposed project will have one or more significant effects not discussed in the SEIR; (b) there are significant effects previously examined that will be substantially more severe than shown in the SEIR; (c) there are mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the proposed project,but the City declines to adopt the mitigation measure or alternative; or (d) mitigation measures or alternatives which are considerably different from those analyzed in the SEIR would substantially reduce one or more significant effects on the environment, but the City declines to adopt the mitigation measure or alternative. The application for a tentative tract map for 111 single family lots, 31 condominium lots, and 9 open space lots is consistent with the project that was analyzed by the SEIR. The proposed project is required to meet all requirements and mitigation contained in SEIR. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA18-0662,a Tentative Tract Map(TTM 37509) for the creation of 111 single family residential lots, 31 condominium lots and 9 open space lots located on the southwest corner of Date Street and Ynez Road, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 6th day of January, 2021. ,04-1-i ( t"..--e..e-----e!r____..— — Ron Guerriero, Chairperson ATTEST: ^ Luke Watson Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 2021-02 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 6th day of January, 2021, by the following vote: AYES: 5 PLANNING COMMISSIONERS: Guerriero,Telesio,Turley-Trejo,Youmans,Watts NOES: 0 PLANNING COMMISSIONERS: None ABSTAIN: 0 PLANNING COMMISSIONERS: None ABSENT: 0 PLANNING COMMISSIONERS: None Luke Watson Secretary EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA18-0662 Project Description: A Tentative Tract Map (No. 37509) for the creation of 111 single family residential lots, 31 condominium lots and 9 open space lots located on the southwest corner of Date Street and Ynez Road. Assessor's Parcel No.: 916-400-034 916-400-035 916-400-036 916-400-039 916-400-060 MSHCP Category: N/A(Exempt per Development Agreement Section 4.2.1) DIF Category: Residential (Attached & Detached) TUMF Category: N/A(Exempt per Development Agreement Section 4.2.1) Quimby Category: Single-Family with Attached Garage New Street In-lieu of Fee: N/A(Project not located in Uptown Temecula Specific Plan area) Approval Date: January 6, 2021 Expiration Date: January 6, 2024 PLANNING DIVISION General Requirements 1. Indemnification of the City. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City and its attorneys 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 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, 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. 2. Expiration. This approval shall be used within three years of the approval date; otherwise, it shall become null and void. Use means the beginning of substantial construction contemplated by this approval within the three year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval, or use of a property in conformance with a Conditional Use Permit. A modification made to an approved development plan does not affect the original approval date of a development plan. 3. Time Extension. The Director of Community Development may, upon an application being filed prior to expiration, and for good cause, grant a time extension of up to five (5) extensions of time, one year at a time. A modification made to an approved development plan does not affect the original approval date of a development plan. 4. Consistency with Specific Plans. This project and all subsequent projects within this site shall be consistent with Harveston Specific Plan (SP 13). 5. Consistency with Development Agreements. The project and all subsequent projects within this site shall be subject to Development Agreement No. 2002-026470 recorded on January 16, 2002 and Amendments. 6. Compliance with EIR. The Harveston Specific Plan was formally adopted in 2001 and amended in 2020 to allow for residential development on the project site. A Subsequent Environmental Impact Report (SEIR) was prepared and certified as part of this effort (EIR SCH No. 2019070974). The project and all subsequent projects within the site have been determined to be consistent with the previously adopted Harveston SEIR shall comply with all mitigation measures identified in the Mitigation Monitoring & Reporting Program. 7. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit 8. TCSD Service Levels. It shall be the developer's responsibility to provide written disclosure of the existence of the Temecula Community Service District (TCSD) and its service level rates and charges to all prospective purchasers. 9. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Prior to Recordation of the Final Map 10. Final Map. A copy of the Final Map shall be submitted to, and approved by, the Planning Division. 11. Quimby Requirements. The developer shall satisfy the City's parkland dedication (Quimby) requirement through the payment of in-lieu fees equivalent to (3.61) acres of parkland, based upon the City's then current land evaluation. Said requirement includes a (15.91%) credit for private recreational opportunities provided. 12. Environmental Constraint Sheet. A copy of the Environmental Constraint Sheet (ECS) shall be submitted to, and approved by, the Planning Division with the following notes: a. This property is located within 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. Environmental Impact Report (EIR) No. SCH# 2019070974 was prepared for this project and is on file at the City of Temecula Planning Division. 13. Submittal of CC&Rs. A copy of the Covenants, Conditions, and Restrictions (CC&Rs) shall be submitted and approved by the Director of Community Development. The CC&Rs 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. Applicants shall provide a deposit in the amount of $3,750 for the review of new CC&Rs. Amended CC&Rs will require a deposit of $2,000. The applicant shall be responsible for all costs incurred during the review of the CC&Rs and additional fees may be required during the course of the review. 14. Form and Content of CC&Rs. The CC&Rs shall be in the form and content approved by the Director of Community Development, 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 its residents. 15. Preparation of CC&Rs. The CC&Rs shall be prepared at the developer's sole cost and expense. 16. Review of CC&Rs. The CC&Rs and Articles of Incorporation of the Property Owners Association are subject to the approval of the Director of Community Development, Public Works Director, and the City Attorney. 17. CC&Rs and Management/Maintenance of Common Areas. The CC&Rs shall provide for the effective establishment, operation, management, use, repair, and maintenance of all common areas, drainage facilities, and pollution prevention devices outlined in the project's Water Quality Management Plan. 18. CC&Rs and Public Nuisance. The CC&Rs shall provide that the property shall be developed, operated, and maintained so as not to create a public nuisance. 19. Termination of CC&Rs. The CC&Rs shall provide that the association may not be terminated without prior City approval. 20. CC&Rs and Maintenance of Property. The CC&Rs shall provide that if the property is not maintained in the condition required by the CC&Rs, 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&Rs 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. 21. Interest in Association. Every owner of a suite or lot governed by CC&Rs 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. 22. Maintenance of Open Areas. All open areas and landscaping governed by CC&R 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 Divisions and Public Works Department prior to the issuance of building permits. 23. Reciprocal Easements. Reciprocal access easements and maintenance agreements ensuring access to all parcels and joint maintenance of all roads, drives, parking areas, drainage facilities, and water quality features, shall be provided by the CC&Rs or by deeds and shall be recorded concurrent with the map or prior to the issuance of building permit where no map is involved. 24. Consent of City of Temecula. An Article must be added to every set of CC&Rs, following the Declarant's signature, to read as follows: CONSENT OF CITY OF TEMECULA The Conditions of Approval for Tentative Tract Map No. (insert #) require the City of Temecula to review and approve the CC&Rs for the Parcel. The City's review of these CC&Rs has been limited to a determination of whether the proposed CC&Rs properly implement the requirements of the Conditions of Approval for the Parcel. The City's consent to these CC&Rs does not contain or imply any approval of the appropriateness or legality of the other provisions of the CC&Rs, including, without limitation, the use restrictions, private easements and encroachments, private maintenance requirements, architecture and landscape controls, assessments, enforcement of assessments, resolutions of disputes or procedural matters. Subject to the limitations set forth herein, the City consents to the CC&Rs. Luke Watson Director Community Development Approved as to Form: Peter M. Thorson City Attorney 25. Consent of City of Temecula. An Article must be added to every set of CC&Rs to read as follows: Article CONSENT OF CITY OF TEMECULA 1. The Conditions of Approval of Tentative Tract Map Number requires the City to review and approve the CC&Rs for the Parcel. 2. Declarant acknowledges that the City has reviewed these CC&Rs and that its review is limited to a determination of whether the proposed CC&Rs properly implement the requirements of the Conditions of Approval for the Parcel. The City's consent to these CC&Rs does not contain or imply any approval of the appropriateness or legality of the other provisions of the CC&Rs, including, without limitation, the use restrictions, private easements and encroachments, private maintenance requirements, architecture and landscape controls, assessment procedures, assessment enforcement, resolution of disputes or procedural matters. 3. In the event of a conflict between the Conditions of Approval of the land use entitlements issued by the City for the Parcel or Federal, State, or local laws, ordinances, and regulations and these CC&Rs, the provisions of the Conditions of Approval and Federal, State or local laws, ordinances, and regulations shall prevail, notwithstanding the language of the CC&Rs. 4. These CC&Rs shall not be terminated, amended or otherwise modified without the express written consent of the Director Community Development of the City of Temecula. 26. Operation of Association. No lot or suite in the development shall be sold unless a corporation, association, property owners 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&Rs, 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&Rs 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. 27. Recordation of CC&Rs. CC&Rs shall be finalized and recorded at the time of Final Map Recordation. 28. Copies of CC&Rs. Three copies of the final recorded CC&Rs shall be provided to the Planning Division. PUBLIC WORKS DEPARTMENT General Requirements 29. Subdivision Map. The developer shall submit a complete Tract Map submittal for review and approval. Any omission to the representation of the site conditions may require the plans to be resubmitted for further review and revision. 30. Grading Permit. A grading permit for rough and/or precise grading shall be obtained from Public Works prior to commencement of any construction within private property. Grading shall be in accordance with the approved grading plan, grading permit conditions and City codes/standards. 31. Encroachment Permits. Prior to commencement of any applicable construction, encroachment permit(s) are required; and shall be obtained: a. from Public Works for public offsite improvements; b. from Riverside County Flood Control &Water Conservation District (RCFC&WCD) 32. PW-005: Improvement Plans. The developer shall submit improvement plans (to include public/private street plans, storm drain plans, traffic signal plans, signage and striping plans, etc.) as required for review and approval by Public Works. The designs shall be in compliance with Caltrans, Riverside County Flood Control and Water Conservation District and City codes/standards. 33. Private Drainage Facilities. All onsite drainage and water quality facilities shall be privately maintained. 34. Access restriction. The future access onto public streets shall be restricted as shown on the approved Tentative Tract Map. 35. Landscaped Plans (for parkways and medians). The developer: a. shall contact the Park/Landscape Maintenance Supervisor for a pre-design meeting to discuss design parameters. The design shall be in conformance with the Temecula Community Services District's Landscape Standards. b. his successor or assignee, shall be responsible for the maintenance of the landscaped parkways, medians or public parks until such time Public Works accepts that responsibility. 36. Underlying Approvals. If, in applying these conditions, there is any conflict between the requirements of (i) the project's Development Agreement, as amended to date, (ii) the Specific Plan, as amended to date, (iii) Tentative Tract Map No. 29639, and/or (iv) Tentative Parcel Map No. 36336, the prevailing requirement shall be determined as follows: a. First priority goes to the provisions of the Development Agreement b. Second priority goes to the provisions of the Specific Plan, then c. Third priority goes to the provisions of Tentative Tract Map No. 29639, then d. Fourth priority goes to the provisions of Tentative Parcel Map No. 36336 Prior to Recordation of the Final Map 37. Conditions of Approval. The developer shall comply with all Conditions of Approval, the Engineering and Construction Manual and all City codes/standards at no cost to any governmental agency. 38. Plans, Agreements & Securities. The developer shall have approved improvement plans, executed subdivision improvement agreements and posted securities. 39. Right-of-Way Dedications. 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 Public Works. 40. Environmental Constraint Sheet (ECS). The developer shall prepare and record an ECS with the Tract Map to delineate identified environmental concerns. The developer shall comply with all constraints per the recorded ECS along with any underlying maps related to the property. 41. Required Clearances. As deemed necessary by Public Works, the developer shall receive written clearance from the following agencies: a. Riverside County Flood Control and Water Conservation District; b. Rancho California Water District; c. Eastern Municipal Water District; d. Cable TV Franchise; e. Telephone Company; f. Southern California Edison Company; g. The Gas Company; or other affected agencies 42. Right of Access. Relinquish and waive rights of access as delineated on the approved Tentative Tract Map. 43. Easements. Note the following: a. An easement shall be dedicated for public utilities and emergency vehicle access for all private streets and drives. b. Private easements for cross-lot drainage shall be delineated and noted on the Tract Map. c. Easements (when required for roadway slopes, landscape, drainage facilities, utilities, etc.) shall be shown on the Tract 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 Public Works. Onsite drainage facilities located outside of road right-of-way shall be contained within drainage easements and shown on the Tract Map. A note shall be added to the Tract Map stating: "Drainage easements shall be kept free of buildings and obstructions." 44. RCFC&WCD Approval. 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 issuance of any permit. 45. Public Street Improvements and Securities. The developer shall design and guarantee construction (i.e., posting of security and entering into agreements) of the following public improvements (including parkways and medians improvements) to the City's General Plan standards unless otherwise noted. Plans shall be approved by Public Works. All street improvement designs shall provide adequate right-of-way and pavement transitions per Caltrans' standards to join existing street improvements. a. Date Street from Ynez Road to Temecula Center Drive (Urban Arterial (8 lanes divided) Standard No. 100B — 134' (min) R/W) to include installation of paving, curb and gutter, sidewalk, streetlights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) and raised landscaped median. b. Ynez Road (Principal Arterial (6 lanes divided) Standard No. 100 — 110' R/W) to include installation of paving, curb and gutter, signing and striping, utilities (including but not limited to water and sewer) and raised landscaped median modification. c. Temecula Center Drive (Private Street) from Ynez Road to Date Street (Standard No. 103A— 66'- 78' R/E) to include dedication of half-width street right-of-way plus twelve feet, installation of half-width street improvements plus twelve feet, paving, curb and gutter, sidewalk, streetlights, drainage facilities, signing and striping and utilities (including but not limited to water and sewer). 46. Parkway Landscaping. All parkway landscaping areas shall be privately maintained. 47. Traffic Signal Installation. The developer shall design and guarantee the installation of the traffic signal at the intersection of Ynez Road and Waverly Lane/Temecula Center Drive to include all necessary appurtenances for signal interconnect and fiber optic communications with the signal(s) at the intersection(s) of Ynez Road at Date Street and Ynez Road at Equity Drive. The plans shall be prepared by a registered civil engineer and conform to the latest edition of the Caltrans Standard Plans and Specifications and approved by Public Works. (COA Revised at 1-6-21 PC Hearing) 48. Private Streets. Private roads shall be designed to meet City public road standards. Unless otherwise approved, the following minimum criteria shall be observed in the design of private streets: a. Improve Street A (Private Street - 58' R/E) to include installation of full-width street improvements, including utilities, as shown on the approved Tentative Tract Map. c. Improve Streets B, C, D and E (Private Street - 60' R/E) to include installation of full-width street improvements, including utilities, as shown on the approved Tentative Tract Map. d. Cul-de-sac geometries shall meet current City standards. e. Minimum safe horizontal centerline radii shall be required (all centerline radii should be identified on the site plan). f. All intersections shall be perpendicular to 90 degrees. 49. Undergrounding Utility Systems. All utility systems including gas, electric, telephone, water, sewer and cable TV shall be provided underground (with the required easements); and shall be designed and constructed in accordance with City codes and utility provider's standards. Telephone, cable TV and/or security systems shall be pre-wired in the residence. The developer shall notify the City's cable TV franchisees of the Intent to Develop. Conduit shall be installed to cable TV standards at time of street improvements. 50. Acquisition of Offsite Property. The developer shall make a good faith effort to acquire required offsite property interests, and if he or she should fail to do so, the developer shall, prior to submittal of the Tract or Parcel Map for recordation, enter into an agreement to complete the improvements pursuant to Subdivision Map Act, Sections 66462 and 66462.5. The agreement shall provide for payment by the developer of all costs incurred by the City to acquire the offsite 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 developer's cost). The appraiser shall be approved by the City prior to commencement of the appraisal. 51. Assessments. 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. The developer shall submit an application for reapportionment of any assessments with the appropriate regulatory agency. 52. Property Taxes. Any delinquent property taxes shall be paid. 53. Parcel Geometry. The applicant shall submit an editable projected digital version of the parcel geometry in a drawing exchange format (pursuant to Riverside County standards). Prior to final approval, the City's GIS Division shall conduct quality control on the data to verify accuracy and compatibility. Prior to Issuance of a Grading Permit 54. Required Clearances. As deemed necessary by Public Works, the developer shall receive written clearance from the following agencies: a. Riverside County Flood Control and Water Conservation District; or other affected agencies. 55. Traffic Signal Plans. The developer shall submit traffic signal plans for review and approval for the traffic signal at the intersection of Ynez Road and Waverly Lane/Temecula Center Drive to include all necessary appurtenances for signal interconnect and fiber optic communications with the signals at the intersections of Ynez Road at Date Street and Ynez Road at Equity Drive. The plans shall be prepared by a registered civil engineer and conform to the latest edition of the Caltrans Standard Plans and Specifications. (COA Revised at 1-6-21 PC Hearing) 56. Grading/Erosion & Sediment Control Plan. The developer shall submit a grading/erosion & sediment control plan(s) to be reviewed and approved by Public Works. All plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site. The approved plan shall include all final WQMP water quality facilities and all construction-phase pollution-prevention controls to adequately address non-permitted runoff. Refer to the City's Engineering & Construction Manual at: www.TemeculaCA.gov/ECM 57. Erosion & Sediment Control Securities. The developer shall comply with the provisions of Chapter 24, Section 18.24.140 of the Temecula Municipal Code by posting security and entering into an agreement to guarantee the erosion & sediment control improvements. 58. NPDES General Permit Compliance. The developer shall obtain project coverage under the State National Pollutant Discharge Elimination System (NPDES) General Permit for Construction Activities and shall provide the following: a. A copy of the Waste Discharge Identification number (WDID) issued by the State Water Resources Control Board (SWRCB); b. The project's Risk Level (RL) determination number; and c. The name, contact information and certification number of the Qualified SWPPP Developer(QSD). Pursuant to the State Water Resources Control Board (SWRCB) requirements and City's storm water ordinance, a Storm Water Pollution Prevention Plan (SWPPP) shall be generated and submitted to the Board. Throughout the project duration, the SWPPP shall be routinely updated and readily available (onsite) to the State and City. Review www.cabmphandbooks.com for SWPPP guidelines. Refer to the following link: http://www.waterboards.ca.gov/water_issues/prog rams/stormwater/construction.shtm I 59. Water Quality Management Plan (WQMP) and O&M Agreement. The developer shall submit a final WQMP (prepared by a registered professional engineer) with the initial grading plan submittal, based on the conceptual WQMP from the entitlement process. It must receive acceptance by Public Works. A copy of the final project-specific WQMP must be kept onsite at all times. In addition, a completed WQMP Operation and Maintenance (O&M) Agreement shall be submitted for review and approval. Upon approval from City staff, the applicant shall record the O&M agreement at the County Recorder's Office in Temecula. Refer to the WQMP template and agreement link: www.TemeculaCA.gov/WQMP. As part of the WQMP approval, the Engineer of Record shall report and certify BMP construction per City of Temecula NPDES requirements. Should the project require Alternative Compliance, the developer is responsible for execution of an approved Alternative Compliance Agreement. 60. Area Drainage Plan (ADP) Fee to RCFC&WCD. The developer shall demonstrate to the City that the flood mitigation charge (ADP fee) has been paid to RCFC&WCD. If the full ADP fee has already been credited to this property, no new charge will be required. 61. Drainage Study. A drainage study shall be prepared by a registered civil engineer and submitted to Public Works with the initial grading plan check in accordance with City, Riverside County and engineering standards. The study shall identify storm water runoff quantities (to mitigate the 10 and 100-year storm event for 24 hour storm duration peak flow) from the development of this site and upstream of the site. It shall identify all existing or proposed offsite or onsite, 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. 62. Soils Report. A soils report, prepared by a registered soil or civil engineer, shall be submitted to Public Works with the initial grading plan submittal. The report shall address the site's soil conditions and provide recommendations for the construction of engineered structures and preliminary pavement sections. 63. Geological Report. The developer shall complete any outstanding County geologist's requirements, recommendations and/or proposed Conditions of Approval as identified during entitlement. 64. Letter of Permission/Easement. The developer shall obtain documents (letters of permission or easements) for any offsite work performed on adjoining properties. The document's format is as directed by, and shall be submitted to, Public Works for acceptance. The document information shall be noted on the approved grading plan. 65. Habitat Conservation Fee. The developer shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in the ordinance or by providing documented evidence that the fees have already been paid. Prior to Issuance of Building Permit(s) 66. Final Map. Prior to issuance of the FIRST building permit, Tract Map Number 37509 shall be approved and recorded. 67. Traffic Signal Installation. The developer shall design and guarantee the installation of the traffic signal at the intersection of Ynez Road and Waverly Lane/Temecula Center Drive to include all necessary appurtenances for signal interconnect and fiber optic communications with the signals at the intersections of Ynez Road at Date Street and Ynez Road at Equity Drive. The plans shall be prepared by a registered civil engineer and conform to the latest edition of the Caltrans Standard Plans and Specifications and approved by Public Works. 68. Precise Grading Plan. A precise grading plan shall be submitted to Public Works for review and approval. The plan shall be in substantial conformance with the approved rough grading plan; and shall show all lot drainage directed to the driveway by side yard drainage swales independent of any other lot. 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. Prior to Issuance of a Certificate of Occupancy 69. Completion of Improvements. The developer shall complete all work per the approved plans and Conditions of Approval to the satisfaction of the City Engineer. This includes all on site work (including water quality facilities), public improvements and the executed WQMP Operation and Maintenance agreement. 70. Utility Agency Clearances. The developer shall receive written clearance from applicable utility agencies (i.e., Rancho California and Eastern Municipal Water Districts, etc.) for the completion of their respective facilities and provide to Public Works. 71. Certifications. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by Public Works. 72. Street improvements. Prior to issuance of the FIRST Certificate of Occupancy, the street improvements on the following streets shall be completed: a. Ynez Road b. Date Street c. Temecula Center Drive. 73. American Disability Act. The developer shall ensure that all frontage areas to the proposed development within the public right of way are ADA compliant. Any sidewalk within the public right of way found to be non-compliant shall be the responsibility of the property owner to be removed and replaced with ADA compliant sidewalk per the Streets and Highway Code Section 5610. (COA Revised at 1-6-21 PC Hearing) BUILDING AND SAFETY DIVISION General Requirements 74. Final Building and Safety Conditions. Final Building and Safety conditions will be addressed when building construction plans are submitted to Building and Safety for review. These conditions will be based on occupancy, use, the California Building Code (CBC), and related codes which are enforced at the time of building plan submittal. 75. Compliance with Code. All design components shall comply with applicable provisions of the 2019 edition of the California Building, Plumbing and Mechanical Codes; 2019 California Electrical Code; California Administrative Code, 2019 California Energy Codes, 2019 California Green Building Standards, California Title 24 Disabled Access Regulations, and City of Temecula Municipal Code. 76. ADA Access. Applicant shall provide details of all applicable disabled access provisions and building setbacks on plans to include: a. Disabled access from the public way to the main entrance of the building. b. Van accessible parking located as close as possible to the main entrance of the building. c. Accessible path of travel from parking to the furthest point of improvement. d. Path of accessibility from parking to furthest point of improvement. e. Accessible path of travel from public right-of-way to all public areas on site, such as trash enclosures, clubhouses, and picnic areas. 77. County of Riverside Mount Palomar Ordinance. Applicant shall submit, at time of plan review, a complete exterior site lighting plan showing compliance with County of Riverside Mount Palomar Ordinance Number 655 for the regulation of light pollution. All streetlights and other outdoor lighting shall be shown on electrical plans submitted to the Building and Safety Division. Any outside lighting shall be hooded and aimed not to shine directly upon adjoining property or public rights-of-way. All exterior LED light fixtures shall be 3,000 kelvin or below. 78. Street Addressing. Applicant must obtain street addressing for all proposed buildings by requesting street addressing and submitting a site plan for commercial or multi-family residential projects or a recorded final map for single-family residential projects. 79. Clearance from TVUSD. A receipt or clearance letter from the Temecula Valley Unified School District shall be submitted to the Building and Safety Department to ensure the payment or exemption from School Mitigation Fees. 80. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 81. Obtaining Separate Approvals and Permits. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. Solid covers are required over new and existing trash enclosures. 82. Hours of Construction. Signage shall be prominently posted at the entrance to the project, indicating the hours of construction, as allowed by the City of Temecula Municipal Ordinance 9.20.060, for any site within one-quarter mile of an occupied residence. The permitted hours of construction are Monday through Saturday from 7:00 a.m. to 6:30 p.m. No work is permitted on Sundays and nationally recognized Government Holidays. 83. House Electrical Meter. Provide a house electrical meter to provide power for the operation of exterior lighting, irrigation pedestals and fire alarm systems for each building on the site. Developments with single user buildings shall clearly show on the plans how the operation of exterior lighting and fire alarm systems when a house meter is not specifically proposed. 84. Protection of drains and penetration. Protection of joints and penetrations in fire resistance-rated assemblies shall not be concealed from view until inspected for all designed fire protection. Required fire seals/fire barriers in fire assemblies at fire resistant penetrations shall be installed by individuals with classification or certification covering the installation of these systems. Provide certification for the installation of each area and certification of compliance for Building Official's approval. 85. Garage Dimensions. Parking spaces within enclosed garages shall have an interior dimension of at least ten feet wide and twenty feet long.All measurements shall be made from the interior walls and any obstructions (including stem walls) shall not satisfy this requirement. The interior wall dimensions shall be on the plans for each garage. The following notes are required on the plans: -Two car garages shall note, "20' x 20' clear with no obstructions (including stem walls)" -Single car garages shall note, "10' x 20' clear with no obstructions (including stem walls)" Prior to Issuance of Grading Permit(s) 86. Onsite Water and Sewer Plans. Onsite water and sewer plans, submitted separately from the building plans, shall be submitted to Building and Safety for review and approval. Prior to Issuance of Building Permit(s) 87. Plans Require Stamp of Registered Professional. Applicant shall provide appropriate stamp of a registered professional with original signature on the plans. Prior to Beginning of Construction 88. Pre-Construction Meeting. A pre-construction meeting is required with the building inspector prior to the start of the building construction.