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HomeMy WebLinkAbout06_061 PC Resolution PC RESOLUTION NO. 06-61 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 NO. 33584 (FOR CONDOMINIUM PURPOSES) TO SUBDIVIDE 7.2 ACRES INTO THREE LOTS (ONE RESIDENTIAL CONDOMINIUM LOT, ONE RECREATION LOT, AND ONE OPEN SPACE LOT) Section 1. Reza Shera of Pacific Group filed Planning Application No. PA05-0109 on April 13, 2005, in a manner in accord with the City of Temecula General Plan and Development Code. Section 2. Planning Application No. PA05-01 09 was processed including, but not limited to public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act. Section 3. The Planning Commission, at a regular meeting, considered Planning Application No. PA05-01 09 on November 15, 2006, 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 opposition to this matter. Section 4. At the conclusion of the Planning Commission's Hearing and after due consideration of the testimony, the Planning Commission recommended the City Council approve PA05-0109, subject to and based upon the findings set forth hereunder, after finding that the proposed project conforms to the General Plan and Subdivision Ordinance. Section 5. All legal preconditions to the adoption of this Resolution have occurred. Section 6. Environmental Compliance. The Planning Commission Recommends that the City Council Adopt a Mitigated Negative Declaration and Mitigation Monitoring Plan based on the Initial Study for Planning Application Nos. PA05-01 09 and PA05-0234, which was prepared pursuant to CEQA Guidelines Section 15072. Section 7. Findinas. That the Planning Commission, in recommending approval of the Application, hereby recommends the following findings as required in Section 16.09.140 of the Temecula Municipal Code: . A. The proposed subdivision and the design and improvements of the subdivision are consistent with the Development Code, Subdivision Ordinance, General Plan, and the City of Temecula Municipal Code; G:\Planning\2005IPA05-0109 Map No. 33584-TTM - Mira LomalPlanninglFlNAL PC TTM Resolution.OOC 1 As designed and conditioned, the proposed subdivision map is consistent with the development standards within the proposed Planned Development Overlay, Development Code, Subdivision Ordinance, and General Plan. 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, nor is the land subject to a Land Conservation Act contract; The proposed land division does not divide land designated for conservation or agricultural use. C. The site is physically suitable for the uses and proposed density as shown on the tentative map as proposed by the Tentative Map; The site is physically suitable for the uses and proposed density as shown on the tentative map as proposed by the Applicant. D. The design of the proposed subdivision and the proposed improvements, with appropriate conditions of approval, is not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat; There are no known fish, wildlife or habitat on the project site, and the project is not anticipated to affect any fish, wildlife or habitat off-site. E. The design of the subdivision and the type of improvements are not likely to cause serious public health problems; The project has been reviewed and commented on by the Fire Prevention Bureau, the Public Works Department, and the Building and Safety Department. As a result, the project will be conditioned to address their concems. Further, provisions are made in the General Plan to ensure that the public health, safety, and welfare are safeguarded, and the project is consistent with this document. 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 in the subdivision to the extent feasible. Prior to the construction of buildings, the applicant will be required to submit building plans to the Building Department that comply with the Uniform Building Code, which contains requirements for energy conservation. 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; All required rights-of-way and easements have been provided on the Tentative Map or required by Conditions of Approval. The City has reviewed these easements and has fount no potential conflicts. H. (Quimby); The subdivision is consistent with the City's parkland dedication requirements ( G:IPlanning\2005\PA05.Ql09 Map No. 33584.TTM. Mira Loma\PlanninglFlNAL PC TTM Resolutlon.DOC 2 This is a map for residentially zoned property and will therefore be subject to applicable Quimby fees at the time that building permits are issued for the project site. Section 9. Conditions. The Planning Commission of the City of Temecula hereby recommends approval of the Project (PA05-0190; Tentative Tract Map No. 33584) with Conditions of Approval as attached in Council Resolution Exhibit A. Section 10. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 15th day of November, 2006. &~. Ron Guerriero, h irman - ---- ATTEST: ,\~_'~/.d~ l-L~~ .'.,' Debbie UtSfloske, Secretary .. \' .... '- ' .---",- -: ! ,- . - + -./, , .~ ',:!.. -...... -,~~ ~ "\..!, , '~l -( ~'. ---,;,: .. ',[SEi?lll../'."':' ~ , " -. . f ).1,';; '-"-->" i....") -' -.~ :~t.' ~, STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 06-61 was duly and regularly adopted by the Planning Commission of the City of T emecula at a regular meeting thereof held on the 15th day of November, 2006, by the following vote: AYES: 5 PLANNING COMMISSIONERS: Carey, Chiniaeff, Guerriero, Harter, Telesio NOES: 0 ABSENT: 0 ABSTAIN: 0 PLANNING COMMISSIONERS: None PLANNING COMMISSIONERS: None PLANNING COMMISSIONERS: None 7Y6hJ<'U~~ Debbie Ubnoske, Secretary G:IPlanning\2005\PA05-0109 Map No. 33584.TTM. Mira LomalPlanninglFlNAL PC TTM Resolution.DOC 3 EXHIBIT A CC RESOLUTION 06-_ (TENTATIVE TRACT MAP) G:IPlanning\2005\PA05-0109 Map No. 33584-TTM. Mira LomalPlanninglFlNAL PC TIM Resolution.DOC 4 RESOLUTION NO. 06- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING TENTATIVE TRACT MAP NO. 33584 (FOR CONDOMINIUM PURPOSES) TO SUBDIVIDE 7.2 ACRES INTO THREE LOTS (ONE RESIDENTIAL CONDOMINIUM LOT, ONE RECREATION LOT, AND ONE OPEN SPACE LOT) AT 29601 MIRA LOMA DRIVE, GENERALLY LOCATED AT THE NORTHEAST CORNER OF MIRA LOMA DRIVE - AND RANCHO VISTA ROAD THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Reza Shera of Pacific Group filed Planning Application No. PAOS- 0109 on April 13, 200S, in a manner in accord with the City of Temecula General Plan and Development Code. Section 2. The Application was processed including, but not limited to a pUblic notice, in the time and manner prescribed by State and local law. Section 3. The Planning Commission, at a regular meeting, considered Planning Application No. PAOS-0109 on November 1S, 2006, 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 opposition to this matter. Section 4. At the conclusion of the Planning Commission's Hearing and after due consideration of the testimony, the Planning Commission recommended the City Council approve PA05-0109, subject to and based upon the findings set forth hereunder, after finding that the proposed project conforms to the General Plan and Subdivision Ordinance. Section 5. The Planning Commission adopted Resolution No. 06-_, recommending that the City Council approve PDO-11 and adopt Section 17.22.220 through 17.22.228, including the PDO-11 text and development standards. Section 6. On , 2006, the City Council of the City of Temecula held a duly noticed public hearing on the Project at which time all persons interested in the Project had the opportunity and did address the City Council on these matters. Section 7. At the conclusion of the City Council hearing and after due consideration of the testimony, the City Council approved the Tentative Tract Map for the Project subject to and based upon the findings set forth hereunder. Section 8. All legal preconditions to the adoption of this Resolution have occurred. Section 9. Environmental Comoliance. Adopt a Mitigated Negative Declaration and Mitigation Monitoring Plan based on the Initial Study for Planning Application Nos. PA05-0109 and PA05-0234, which was prepared pursuant to CEOA Guidelines Section 15072. Section 10. Findinas. That the City Council, in approving PAOS-0109, hereby makes the following findings as required in Section 16.09.140 of the Temecula Municipal Code: A. The proposed subdivision and the design and improvements of the subdivision are consistent with the Development Code, Subdivision Ordinance, General Plan, and the City of Temecula Municipal Code. As designed and conditioned, the proposed subdivision map is consistent with the development standards within the proposed Planned Development Overlay, Development Code, Subdivision Ordinance, and General Plan. 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, nor is the land subject to a Land Conservation Act contract. The proposed land division does not divide land designated for conservation or agricultural use. C. The site is physically suitable for the uses and proposed density as shown on the tentative map as proposed by the Tentative Map. The site is physically suitable for the uses and proposed density as shown on the tentative map as proposed by the Applicant. D. The design of the proposed subdivision and the proposed improvements, with appropriate conditions of approval, is not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat. There are no known fish, wildlife or habitat on the project site, and the project is not anticipated to affect any fish, wildlife or habitat off-site. E. The design of the subdivision and the type of improvements are not likely to cause serious public health problems. The project has been reviewed and commented on by the Fire Prevention Bureau, the Public Works Department, and the Building and Safety Department. As a result, the project will be conditioned to address their concerns. Further, provisions are made in the General Plan to ensure that the public health, safety, and welfare are safeguarded, and the project is consistent with this document. 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 in the subdivision to the extent feasible. Prior to the construction of buildings, the applicant will be required to submit building plans to the Building Department that comply with the Uniform Building Code, which contains requirements for energy conservation. 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. All required rights-of-way and easements have been provided on the Tentative Map or required by Conditions of Approval. The City has reviewed these easements and has fount no potential conflicts. H. The subdivision is consistent with the City's parkland dedication requirements (Quimby). This is a map for residentially zoned property and will therefore be subject to applicable Quimby fees at the time that building permits are issued for the project site. Section 11. Conditions. The City Council of the City of Temecula hereby approves Tentative Tract Map No. 33584, Planning Application PA05-0190, subject to conditions of approval as set forth in Exhibit A, attached hereto, and incorporated herein by this reference as though set forth in full. Section 12. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of , 2006. Ron Roberts, Mayor ATTEST: I Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 06- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , 2006, by the following vote: AYES: COUNCIL MEMBERS: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: ABSTAIN: Susan W. Jones, MMC City Clerk EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No. PA06-0109 Project Description: A Tentative Tract Map No. 33584 (for condominium purposes) to subdivide 7.2 acres into three lots (one residential condominium lot, one recreation lot, and one open space lot) at~ 29601 Mira Lorna Drive, generally located at the northeast corner of Mira Lorna Drive and Rancho Vista Road DIF Category: Residential - Single Family MSHCP Category: Residential (Between 8.1 and 14.0 DUlAC) TUMF Category: Residential - Single Family Assessor's Parcel Nos.: 944-060-006 Approval Date: November 15, 2006 Expiration Date: November 15, 2008 WITHIN 48 HOURS OF THE APPROVAL OF THIS PROJECT Planning Department 1. The applicanVdeveloper shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of $64.00 for the County administrative fee, to enable the City to file the Notice of Determination with a DeMinimus Finding for the Mitigated or Negative Declaration required under Public Resources Code Section 21152 and California Code of Regulations Section 15075. If within said 48-hour period the applicanVdeveloper 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)). G:\Planning\2005\PA05-0109 Map No. 33584-TIM. Mim Loma\Planning\FINAL PC COAs.doc I GENERAL REQUIREMENTS G:\Planning\2005\PAOS.OI09 Map No. 33584-TfM - Mira Loma\Planning\FINAL PC COAs.doc 2 Planning Department 2. The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance No. 460, unless modified by the conditions listed below. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 60 days prior to the expiration date. 3. 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 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. 4. The applicant shall sign two copies of the final Conditions of Approval that will be provided by the Planning Department and return one signed copy to the Planning Department for their files. 5. A Homeowners Association may not be terminated without prior City approval. 6. The Developer shall provide a paved 10-foot wide ingress/egress easement with a 15 percent maximum slope within Lot 2, behind proposed building sites 60, 61, and 62, from Mira Loma Drive to Lot 83 of Tract Map No. 4010. Fire Prevention 7. All previous existing conditions for this project, Specific Plan, or Development Agreement will remain in full force and effect unless superseded by more stringent requirements here. 8. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 9. The Fire Prevention Bureau is required to set a minimum fire flow for residential land division per CFC Appendix liLA, Table A-III-A-1. The developer shall provide for this project, a water system capable of delivering 1500 GPM at 20 PSI residual operating pressure with 2 hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided (CFC 903.2, Appendix IILA). G:\Planning\2005\PA05MOI09 Map No. 33584.TrM - Mila Loma\Planning\FINAL PC COAs.doc 3 10. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix III.B, Table A-III-B-1. Standard fire hydrants (6" x 4" x 2 1/2" outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 500 feet apart, at each intersection and shall be located no more than 250 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required (CFC 903.2, 903.4.2, and Appendix 111- B). 11. If construction is phased, each phase shall provide approved access and fire protection prior to any building construction (CFC 8704.2 and 902.2.2). This will include all internal roads, connecting roads between phases, and construction gates. All required access must be in and available prior to and during all construction. 12. Prior to building construction, all locations where structures are to be built shall have approved temporary Fire Department vehicle access roads for use until permanent roads are installed. Temporary Fire Department access roads shall be an all weather surface for 80,000 Ibs GVW (CFC 8704.2 and 902.2.2.2). 13. Fire Department vehicle access roads shall have an unobstructed width of not less than twenty-four (24) feet and an unobstructed vertical clearance of not less than thirteen (13) feet six (6) inches (CFC 902.2.2.1 and Ord 99-14). 14. All/any manual and electronic gates on .required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by firefighting personnel (CFC 902.4). Public Works Department 15. 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. 16. 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. 17. 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. 18. All improvement and grading 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. Community Services Department 19. The developer shall contact the City's franchised solid waste hauler for disposal of construction debris. Only the City's franchisee may haul construction debris. G:\Planning\2005\PA05-0l09 Map No. 33584-TIM - Mira Lnma\PlanninglFINAL PC COAs,doc 4 20. Any damage caused to existing Class II Bike Lanes on Rancho Vista Road during construction will need to be repaired and/or replaced to the satisfaction of the Public Works Department. 21. The Applicant shall comply with the Public Art Ordinance. 22. All parkways, landscaping, drainage facilities, fencing, street lights on private roads and recreational facilities shall be maintained by an established Home Owners' Association (HOA). \ , G:\Planning\2005\PAOS.Ol09 Map No. 33584-TIM - Mira Loma\Planning\FINAL PC COAs.doc 5 PRIOR TO ISSUANCE OF GRADING PERMITS G:IPlanningI2005IPA05-0109 Map No. 33584-TTM - Mira LomaIPlanning\FINAL PC COAs.doc 6 Public Works Department 23. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. San Diego Regional Water Quality Control Board b. Riverside County Flood Control and Water Conservation District c. Planning Department d. Department of Public Works 24. The Developer shall provide an ingress/egress easement from Mira Loma Drive to Lot 83 of Tract Map No. 4010. 25. 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. 26. 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. 27. 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. 28. Construction-phase pollution prevention controls shall be consistent with the City's Grading, Erosion & Sediment Control Ordinance and associated technical manual, and the City's standard notes for Erosion and Sediment Control. 29. A Water Quality Management Plan (WQMP) shall be reviewed and accepted. 30. The project shall demonstrate coverage under the State NPDES General Permit for Construction Activities by providing a copy of the Waste Discharge Identification number (WDID) issued by the State Water Resources Control Board (SWRCB). A Stormwater Pollution Prevention Plan (SWPPP) shall be available at the site throughout the duration of construction activities. 31. 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. G:\Planning\2005\PA05-0109 Map No. 33584-TIM - Mira Loma\Planning\FINAL PC COAs.doc 7 32. 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. 33. 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. 34. 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. G:\Planning\2005\PAOS.OI09 Map No. 33584-TIM - Mira Loma\Planning\FINAL PC COAs.doc 8 PRIOR TO FINAL MAP APPROVAL G:\Planning\2005\PAOS-0109 Map No. 335S4.1JM - Mira Loma\Planning\FINAL PC COAs.doc 9 Planning Department 35. The following shall be submitted to and approved by the Planning Division: a. A copy of the Final Map. b. A copy of the Environmental Constraint Sheet (ECS) with the following notes: i. 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. c. A copy of the Covenants, Conditions, and Restrictions (CC&R's): i. CC&R's shall be reviewed and approved by the 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. ii. The CC&R's shall be prepared at the developer's sole cost and expense. Iii. 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. iv. 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. v. The CC&R's shall provide for the effective establishment, operation, management, use, repair and maintenance of all common areas, drainage and facilities. vi. The CC&R's shall provide that the property shall be developed,operated and maintained so as not to create a public nuisance. vii. The CC&R's shall provide that the association may not be terminated without prior City approval. viii. 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. ix. 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. x. All open areas and landscaping shall be permanently maintained by the association or other means acceptable to the City. Such proof of this O,IPlanning\2005IPA05-0109 Map No. 33584-TTM - Mira LomaIPlanning\FINAL PC COAs.doc 10 maintenance shall be submitted to the Planning and Public Works Department prior to the issuance of building permits. xi. 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. 36. 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 ~aid 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. Public Works Department 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: 37. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. San Diego Regional Water Quality Control Board b. Rancho California Water District c. Eastern Municipal Water District d. Riverside County Flood Control and Water Conservation District e. City of Temecula Fire Prevention Bureau f. Planning Department g. Department of Public Works h. Riverside County Health Department i. Adelphia j. Community Services District k. Verizon I. Southern California Edison Company m. Southern California Gas Company O,IPlanningI2005IPA05-0109 Map No, 33584-TIM - Mira LomaIPlanningIFINAL PC COAs.dnc 11 maintenance shall be submitted to the Planning and Public Works Department prior to the issuance of building permits. xi. 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. 36. 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. Public Works Department 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: 37. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. San Diego Regional Water Quality Control Board b. Rancho California Water District c. Eastern Municipal Water District d. Riverside County Flood Control and Water Conservation District e. City of Temecula Fire Prevention Bureau f. Planning Department g. Department of Public Works h. Riverside County Health Department i. Adelphia j. Community Services District k. Verizon I. Southern California Edison Company m. Southern California Gas Company G,IPlanning\2005IPA05-0109 Map No. 335M-TIM - Mira LomaIPlanning\FINAL PC COAs.doc II 38. 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: a. Improve Rancho Vista Road (Secondary Highway Standards - 88' R/W) to include installation of drainage facilities, utilities (including but not limited to water and sewer). b. Improve Mira Loma Drive (Collector Road Standards - 66' R/W) to include installation of sidewalk, drainage facilities, and utilities (including but not limited to water and sewer). 39. Unless otherwise approved the following minimum criteria shall be observed in the design of the street improvement plans: a. Street centerline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. b. Driveways shall conform to the applicable City Standard No. 207A. c. Street lights shall be installed along the public streets shall be designed in accordance with City Standard No. 800, 801, 802 and 803. d. Concrete sidewalks shall be constructed in accordance with City Standard Nos. 400 and 401. e. All street and driveway centerline intersections shall be at 90 degrees. f. 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. g. 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. h. All utilities, except electrical lines rated 34kv or greater, shall be installed underground 40. Private roads shall be designed to meet City public road standards. Unless otherwise approved on the Tentative Tract Map the following minimum criteria shall be observed in the design of private streets: a. Improve A, B, D and portion of C Street (Private Street - 48' RlE) to include installation of full-width street improvements, paving, rolled curb and gutter, sidewalk, drainage facilities, utilities (including but not limited to water and sewer). b. Improve a portion of C Street, east of A Street (Private Street - 24' RlE) to include installation of full-width street improvements, paving, drainage facilities, utilities (including but not limited to water and sewer). c. Knuckles being required at 90 'bends' in the road. d, Minimum safe horizontal centerline radii shall be required (all centerline radii should be identified on the site plan). mPlanning\2005\PA05-0109 Map No. 33584-TIM - Mira Loma\Planning\FINAL PC COAs.doc 12 41. 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. 42. Relinquish and waive right of access to and from Rancho Vista Road on the Final Map as delineated on the approved Tentative Tract Map. 43. Relinquish and waive right of access to and from Mira Loma Drive on the Final Map with the exception of two (2) openings as delineated on the approved Tentative Tract Map. 44. Corner property line cut off for vehicular sight distance and installation of pedestrian facilities shall be provided at all street intersections in accordance with Riverside County Standard No. 805. 45. The Developer shall provide an ingress/egress easement from Mira Loma Drive to Lot 83 of Tract Map No. 4010. 46. All easements and/or right-of-way dedications shall be offered for dedication to the public or other appropriate agency and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the Department of Public Works. 47. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is part of an existing Assessment District must comply with the requirements of said section. Prior to City Council approval of the Final Map, the Developer shall make an application for reapportionment of any assessments with appropriate regulatory agency. 48. Any delinquent property taxes shall be paid. 49. 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. 50. 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. 51. 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. 52. 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. G:\Planning\2005\PAOS-OI09 Map No. 33584-TfM - Mira Loma\Planning\FINAL PC COAs.doc 13 53. Private drainage easements for cross-lot drainage shall be required and shall be delineated and noted on the final map. 54. 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". Community Services Department 55. The developer shall satisfy the City's park land dedication requirement through the payment of in-lieu fees equal to .66 acres of park land, based upon the City's then current appraised park land valuation. Said requirement includes a twenty-five percent (25%) credit for private recreational amenities. 56. The property owner shall dedicate to themselves lots 2 and 3 for landscape and maintenance purposes. 57. TCSD shall review and approve the CC&R's, which shall address the following: a. The location of the individual property owners' trash bins placement for servicing will be designated and included in an exhibit. b. HOA will paint an address on each bin for residential identification. c. Address parking restrictions on street sweeping and trash pick up days. d. Address HOA enforcement of trash collection and street sweeping issues. G:\Planning\2005\PAOS-OI09 Map No. 33584-TI'M - Mira Loma\Planning\FINAL PC COAs.doc 14 PRIOR TO ISSUANCE OF BUILDING PERMITS G:\Planning\2005\PA05-0109 Map No. 33584-lTM. Mim Loma\Planning\FINAL PC COAs.doc t5 Public Works Department 58. Final Map 33584 shall be approved and recorded. 59. 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. 60. 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. 61. The Developer shall pay to the City the Public Facilities Development Impact Fee as required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.06. 62. 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. Fire Prevention 63. Prior to issuance of building permits, the developer shall furnish one copy of the water system plans to the Fire Prevention Bureau for approval prior to installation. Plans shall be: signed by a registered civil engineer; contain a Fire Prevention Bureau approval signature block; and conform to hydrant type, location, spacing and minimum fire flow standards. After the plans are signed by the local water company, the originals shall be presented to the Fire Prevention Bureau for signatures. The required water system including fire hydrants shall be installed and accepted by the appropriate water agency prior to any combustible building materials being placed on an individual lot (CFC 8704.3, 901.2.2.2 and National Fire Protection Association 24 1-4.1). Community Services Department 64. Prior to the installation of street lights on Mira Loma Drive and Rancho Vista Road or issuance of building permits, whichever comes first, the developer shall file an application and pay the appropriate fees to the TCSD for the dedication of street lights into the appropriate TCSD maintenance program. 65. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction debris. G:\Planning\2005\PAOS.OI09 Map No. 33584.TIM. Mira Loma\Planning\FINAL PC COAs.doc 16 PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY G:\Planning\2005\PA05-0109 Map No. 33584-TIM. Mira Loma\Planning\FINAL PC COAs.doc 17 "\ Public Works Department 66. The project shall demonstrate that the pollution prevention BMPs outlined in the WQMP have been constructed and installed in conformance with approved plans and are ready for immediate implementation. 67. 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 68. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by the Department of Public Works. 69. 'All improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of Public Works. 70. 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. Fire Prevention 71. Prior to building final, all locations where structures are to be built shall have approved Fire Department vehicle access roads to within 150 feet to any portion of the facility or any portion of an exterior wall of the building(s). Fire Department access roads shall be an all weather surface designed for 80,000 Ibs. GVW with a minimum AC thickness of .25 feet (CFC sec 902 and Ord 99-14). 72. Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective Markers" shall be installed to identify fire hydrant locations (CFC 901.4.3). Community Services Department 73. The developer or his assignee shall submit, in a format as directed by TCSD staff, the most current list of Assessor's Parcel Numbers assigned to the final project. By placing my signature below, I confirm that I have read, understand and accept all of 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's Signature Date Applicant's Printed Name G:\Planning\2005\PAOS.Ol09 Map No. 33584-TI'M - Mira Loma\Planning\FINAL PC COAs.doc 18