HomeMy WebLinkAbout2022-75 CC ResolutionRESOLUTION NO.2022-75
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING TENTATWE TRACT MAP
38043 TO COMBINE EIGHT (8) EXISTING CONTIGUOUS
PARCELS INTO A SINGLE PARCEL ON THE SOUTH SIDE
OF RANCHO CALIFORNIA ROAD, APPROXIMATELY 150
FEET WEST OF COSMIC DRIVE (APN: 944-370-001, 005,
006, 007, 008, 010, 012, 013) (PA20-1326)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS
FOLLOWS:
Section 1. Procedural Findings. The City Council of the City of Temecula does hereby
find, determine and declare that:
A. On November 12, 2020, Pacific West Development filed Planning Application
Nos. PA20-1323, a General Plan Amendment; PA20-1324, a Planned Development Overlay
Amendment; PA20-1325, a Development Plan; and PA20-1326, a Tentative Tract Map. These
applications (collectively "the 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, including the California Environmental Quality Act.
C. A Negative Declaration (ND) was prepared for the Project in accordance with the
California Environmental Quality Act and the California Environmental Quality Act Guidelines
("CEQA"). The Draft ND was prepared under staff s direction by Environmental Science
Associates (ESA). Thereafter, City staff filed a Notice of Completion with the State
Clearinghouse, and circulated a Notice of Intent with the Draft ND and Appendices to the public
and other interested parties, for a 30-day public review and comment period for the Draft ND
commenced on May 27, 2021 and concluded on June 27, 2021. Signs were placed on the property
and a notice was placed in the local paper. The City of Temecula received two (2) written
comments and responded to each comment in the Final ND, which includes all timely received
written comments and responses thereto. Comments were received by the Riverside County Flood
Control and Water Conservation District and Temecula Valley Unified School District. The Final
ND was provided to commenting agencies in compliance with State Law. The "Final ND" consists
of the Draft ND and all of its appendices and the comments and responses to comments on the
Draft ND. The Final ND was made available to the public and to all commenting agencies in
accordance with the law.
D. On July 20, 2022 the Planning Commission of the City of Temecula held a duly
noticed public hearing on the proposed Negative Declaration and proposed Project at which time
all persons interested in these actions had the opportunity and did address the Planning
Commission.
E. Following consideration of the entire record of information received at the public
hearing, the Planning Commission adopted Resolution No. 2022-19 "A RESOLUTION OF THE
PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE
CITY COUNCIL ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF TEMECULA ADOPTING THE FINAL NEGATIVE
DECLARATION FOR THE RENDEZVOUS PHASE II PROJECT CONSISTING OF A 134
UNIT APARTMENT COMMUNITY GENERALLY LOCATED ON THE SOUTH SIDE OF
RANCHO CALIFORNIA ROAD, APPROXIMATELY 150 FEET WEST OF COSMIC DRIVE
(APN: 944-370-001, 005, 006, 007, 010, 012, 013)."
F. Following consideration of the entire record of information received at the public
hearings and due consideration of the proposed Project, the Planning Commission adopted
Resolution No. 2022-23 "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION
ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING TENTATIVE TRACT MAP 38043 TO COMBINE EIGHT (8) EXISTING
CONTIGUOUS PARCELS INTO A SINGLE PARCEL ON THE SOUTH SIDE OF RANCHO
CALIFORNIA ROAD, APPRXIMATELY 150 FEET WEST OF COSMIC DRIVE (APN'S: 944-
370-001, 005, 006, 007, 008, 010, 012, 013) (PA20-1326)".
G. On September 13, 2022 the City Council of the City of Temecula considered the
Project and the Final ND for the Project, at a duly noticed public hearing at which time all
interested persons had an opportunity to and did testify either in support or in opposition to this
matter. The Council considered all the testimony and any comments received regarding the Project
and the Final ND prior to and at the public hearing.
H. Following the public hearing, the City Council adopted Resolution No. 2022-72
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING
THE FINAL NEGATIVE DECLARATION FOR THE RENDEZVOUS PHASE II PROJECT
CONSISTING OF A 134 UNIT APARTMENT COMMUNITY GENERALLY LOCATED ON
THE SOUTH SIDE OF RANCHO CALIFORNIA ROAD, APPROXIMATELY 150 FEET
WEST OF COSMIC DRIVE (APN'S: 944-370-001, 005, 006, 007, 010, 012, 013)". Resolution
No. 2022-72 and the findings therein are hereby incorporated by this reference as set forth in full.
I. All legal preconditions to the adoption of this Resolution have occurred.
Section 2. The City Council in approving the Tentative Parcel Map hereby makes the
following findings as required by Temecula Municipal 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.
Tentative Tract Map No. 38043 has been designed in a manner that is consistent with and
meets all development and design standards of the General Plan, the Subdivision
Ordinance, the Municipal Code, and the Rendezvous Planned Development Overlay.
B. The Tentative Map does not propose to 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 subject parcel does not propose to divide land which is subject to a contract entered
into pursuant to the California Land Conservation Act of 1965. The subject property has
not been designated for conservation or agricultural land and is not subject to the
California Land Conservation Act of 1965.
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 Development Code, General Plan, and Rendezvous Planned Development Overlay.
The proposed Tentative Tract Map combines eight (8) existing contiguous parcels into a
single parcel for residential development. 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 not likely to cause significant environmental damage or substantially and avoidably
injure fish or wildlife or their habitat.
The project has been reviewed in accordance with the California Environmental Quality
Act (CEQA) and based on an Initial Study, it has been determined the project could not
have a significant impact on the environment; therefore, a Draft Negative Declaration
(ND) (SCH# 2 02105 0549) was prepared.
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 project consists of a Tentative Tract Map on developed and vacant property and does
not propose any grading or construction. Any future development on the project site will
be in accordance with the requirements of the California Building Code in effect at that
time as it relates to heating and cooling.
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 design 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 prior to the recordation of a Final Tentative Map.
Section 3. Conditions of Approval. The City Council of the City of Temecula hereby
approves Planning Application No. PA20-1326, Tentative Tract Map 38043 to combine eight (8)
existing contiguous parcels into a single parcel on the south side of Rancho California Road,
approximately 150 ft west of Cosmic Drive. (APNs: 944-370-001, 005, 006, 007, 008, 010, 012,
013), subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and
incorporated herein by this reference.
Section 4. Effective Date. This Resolution shall take effect upon the effective date of
Ordinance No. 2022-11 "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING A PLANNED DEVELOPMENT OVERLAY AMENDMENT TO
THE TEMECULA VILLAGE PLANNED DEVELOPMENT OVERLAY (PDO-5)
GENERALLY LOCATED ON THE SOUTH SIDE OF RANCHO CALIFORNIA ROAD,
APPROXIMATELY 150 FEET WEST OF COSMIC DRIVE (APN: 944-370-001, 005, 006, 007,
008, 010, 012, 013) (PA20-1324)."
Section 5. Notice of Adoption. The City Clerk shall certify to the adoption of this
Resolution.
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PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula
this 13`h day of September, 2022.
ATTEST:
Randi Jon -,-City Clerk
[SEAL]
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Matt Rahn, Mayor
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing
Resolution No. 2022-75 was duly and regularly adopted by the City Council of the City of
Temecula at a meeting thereof held on the 131h day of September, 2022, by the following vote:
AYES: 5 COUNCIL MEMBERS: Alexander, Edwards, Rahn, Schwank,
Stewart
NOES: 0 COUNCIL MEMBERS: None
ABSTAIN: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
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1,
Randi Johl, City Clerk
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EXHIBIT A
CITY OF TEMECULA
DRAFT CONDITIONS OF APPROVAL
Planning Application No.: PA20-1326
Project Description:
A Tentative Tract Map to combine eight (8) existing contiguous parcels into
a single parcel under TTM 38043
Assessor's Parcel No.:
944-370-001
944-370-005
944-370-006
944-370-007
944-370-008
944-370-010
944-370-012
944-370-013
MSHCP Category:
Residential (Greater Than 14.1 du/ac)
DIF Category:
Residential -Attached
TUMF Category: Residential -Multi -Family
Quimby Category: Multi -Family Attached (5 or More Units)
New Street In -lieu of Fee: N/A (Project not located in Uptown Temecula Specific Plan area)
Approval Date: September 13, 2022
Expiration Date: September 13, 2025
PLANNING DIVISION
General Requirements
Page 1 of 6
1. Indemnification of the City. Indemnity, Duty to Defend and Obligation to Pay Judgments and
Defense Costs, Including Attorneys' Fees, Incurred by the City. The Applicant shall defend,
indemnify, and hold harmless the City, its elected officials, officers, employees, volunteers,
agents, and those City agents serving as independent contractors in the role of City officials
(collectively "Indemnitees") from and against any claims, damages, actions, causes of actions,
lawsuits, suits, proceedings, losses, judgments, costs, and expenses (including, without
limitation, attorneys' fees or court costs) in any manner arising out of or incident to the
Planning Commission's actions, this approval and the City Council's actions, related
entitlements, or the City's environmental review thereof. The Applicant shall pay and satisfy
any judgment, award or decree that may be rendered against City or the other Indemnitees in
any such suit, action, or other legal proceeding. The City shall promptly notify the Applicant of
any claim, action, or proceeding and the City shall reasonably cooperate in the defense. If the
City fails to promptly notify the Applicant of any claim, action, or proceeding, or if the City fails
to reasonably cooperate in the defense, the Applicant shall not thereafter be responsible to
defend, indemnify, or hold harmless the City or the Indemnitees. The City shall have the right
to select counsel of its choice. The Applicant shall reimburse the City, and the other
Indemnitees, for any and all legal expenses and costs incurred by each of them in connection
therewith or in enforcing the indemnity herein provided. Nothing in this condition shall be
construed to require the Applicant to indemnify Indemnitees for any claim arising from the sole
negligence or willful misconduct of the Indemnitees. In the event such a legal action is filed
challenging the City's determinations herein or the issuance of the approval, the City shall
estimate its expenses for the litigation. The Applicant shall deposit said amount with the City
or, at the discretion of the City, enter into an agreement with the City to pay such expenses as
they become due.
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 Tentative Map does not affect the original approval date
of a development plan.
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 Planned Development Overlay. This project and all subsequent projects
within this site shall be consistent with Temecula Village Planned Development Overlay
(PDO-5)
Modifications or Revisions. The developer 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
6. 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.
Page 2 of 6
7. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with
prior to occupancy or any use allowed by this approval.
Prior to Recordation of the Final Map
8. Final Map. A copy of the Final Map shall be submitted to, and approved by, the Planning
Division.
9. 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.
PUBLIC WORKS DEPARTMENT
General Requirements
10.
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.
11.
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.
12.
Encroachment Permits. Prior to commencement of any applicable construction,
encroachment permit(s) are required and shall be obtained from Public Works for public offsite
improvements.
13.
Private Drainage Facilities. All onsite drainage and water quality facilities shall be privately
maintained.
14.
Parkway Landscaping. All parkway landscaping areas shall be privately maintained.
Prior to Recordation of the Final Map
15.
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.
16.
Plans, Agreements & Securities. The developer shall have executed subdivision
monumentation agreement and posted securities.
17.
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.
18.
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.
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19. Required Clearances. As deemed necessary by Public Works, the developer shall receive
written clearance from the following agencies:
a. Rancho California Water District;
b. Southern California Edison Company or other affected agencies
20. Right of Access. Relinquish and waive right of access to and from Rancho California Road on
the Tract Map with the exception of one opening as delineated on the approved Tentative
Tract Map.
21. Easements. Note the following:
a. An easement shall be dedicated for public utilities and emergency vehicle access for all
private streets and drives.
b. 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."
22. Property Taxes. Any delinquent property taxes shall be paid.
Prior to Issuance of a Grading Permit
23. 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
24. Erosion & Sediment Control Securities. The developer shall comply with the provisions of
Chapter 18, Section 18.24.140 of the Temecula Municipal Code by posting security and
entering into an agreement to guarantee the erosion & sediment control improvements.
25. 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/programs/stormwater/construction.shtml
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26. 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.
27.
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.
28.
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.
29.
RCFC&WCD Encroachment Permit. 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.
30.
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.
31.
Geological Report. The developer shall comply with the recommendations and/or proposed
Conditions of Approval as identified during entitlement.
32.
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.
33.
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.
34. 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.
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Prior to Issuance of Encroachment Permit(s)
35.
Public Utility Agency Work. The developer shall submit all relevant documentation due to
encroaching within City right-of-way; and is responsible for any associated costs and for
making arrangements with each applicable public utility agency.
36.
Traffic Control Plans. A construction area traffic control plan (TCP) will be required for lane
closures and detours or other disruptions to traffic circulation; and shall be reviewed and
approved by Public Works. The TCP shall be designed by a registered civil or traffic engineer
in conformance with the latest edition of the Caltrans Manual on Uniform Traffic Control
Devices (MUTCD) and City standards.
37.
Improvement Plans. All improvement plans (including but not limited to street, storm drain,
traffic) shall be reviewed and approved by Public Works.
38.
Street Trenching. All street trenches shall conform to City Standard No. 407; refer to the City's
Paving Notes.
Prior to Issuance of Building Permit(s)
39.
Final Map. Prior to issuance of the first building permit, Tract Map Number 38043 shall be
approved and recorded.
40.
Precise Grading Plan. The building pad(s) 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
41.
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.
42.
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.
43.
Replacement of Damaged Improvements/Monuments. Any appurtenance damaged or broken
during development shall be repaired or removed and replaced to the satisfaction of Public
Works. Any survey monuments damaged or destroyed shall be reset per City Standards by a
qualified professional pursuant to the California Business and Professional Code Section
8771.
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44. Certifications. All necessary certifications and clearances from engineers, utility companies
and public agencies shall be submitted as required by Public Works.
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