Loading...
HomeMy WebLinkAbout07_029 PC Resolution PC RESOLUTION NO. 07-29 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF. TEMECULA APPROVING PLANNING APPLICATION NO. PA06-0192, A TENTATIVE TRACT MAP TO CREATE A ONE-LOT RESIDENTIAL CONDOMINIUM ASSOCIATED WITH PLANNING APPLICATION NO. PA06-0193, A DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT TO CONVERT 200 APARTMENT UNITS TO CONDOMINIUMS (MORNING RIDGE APARTMENTS), GENERALLY LOCATED AT THE SOUTHWEST CORNER OF RANCHO CALIFORNIA ROAD AND MARGARITA ROAD (APN 944-220-003) Section 1. Procedural Findinas. The. Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On June 29, 2006, Sandra Parmley, filed Planning Application No. PA 06- 0192, Tentative Tract Map, in a manner in accord with the City of Temecula General Plan and Development Code. B. The Application 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 Application and environmental review on August 29, 2007, 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 Commission hearing and after due consideration of the testimony, the Commission approved Planning Application No. PA06-0192 subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findinas. The Planning Commission, in. approving the Application hereby finds, determines and declares that: Tentative Tract Map (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, Subdivision Ordinance and the City of Temecula Municipal Code; The proposed subdivision is a Tentative Tract Map for residential condominiums and is consistent with the Development Code, General Plan, Subdivision Ordinance, and the City of Temecula Municipal Code because the proposed Tentative Tract Map complies with the development standards and will function as a typical single lot with individual owners of each unit. I G:\Planning\2006\PA06-0192 Morning Ridge Condo Conv TTM\Planning\PC RESOLUTION EXEMPT FROM CEQA.doc 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 project site is not subject to any agreements entered into pursuant to the California Land Conservation Act of 1965, because the project site is not within an area requiring conservation nor is the land or surrounding land used for agricultural purposes. 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 Tract Map. The site is developed at a density of 12 dwelling units per acre where the maximum density is 20 units per acre. The project site will function as a single lot, which allows for, required access, circulation and improvements, however the individual residential condominium units will be individually owned. D. The design of the subdivision and the proposed improvements, with Conditions of Approval, are not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat; The design of the subdivision and the proposed improvements, with Conditions of Approval, are not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat, because the project site is developed within an urban area and no wildlife or habitat are found on or adjacent to the project site. 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 development will be inspected by City staff prior to occupancy to ensure all improvements are constructed in a manner consistent with City of Temecula standards. F. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible; The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible, because the construction plans will comply with all applicable building codes and State energy guidelines. 2 G:\Planning\2006\P A06-0 192 Morning Ridge Condo Cony TIM\Planning\PC RESOLUTION EXEMPT FROM CEQA.doc 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 design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision, or the design of the alternate easements which are substantially equivalent to those previously acquired by the public will be provided because required off-site dedications and improvements have been provided or will be acquired as Conditions of Approval. H. The subdivision is consistent with the City's parkland dedication requirements (Quimby); Condominium conversions are not required to dedicate parkland or fees/requirements (Quimby), therefore the project is consistent with the City's Parkland dedication requirements. Common Interest Development Conversion (Code Section 16.21.140) A. All provisions of the Chapter are met; The proposed condominium conversion complies with all requirements of Chapter 16.21 of the Temecula Subdivision Ordinance. All required information has been submitted by the applicant and all other requirements have been included in the project plans or Conditions of Approval. B. The proposed conversion is consistent with the goals, objectives, policies, general land uses and programs specified in the Temecula General Plan including the Housing Element, and with any applicable SpeCific Plan; The proposed conversion is consistent with the land use designation and policies reflected for High Density (H) Residential development in the City of Temecula General Plan. While the Housing Element of the General Plan does not contain specific goals or policies specifically related to condominium conversions, it identifies goals regarding the provision of a diversity of housing opportunities. This project could contribute to first-time homebuyers' goals and programs. The proposed condominium conversion would contribute toward the enhancement of purchasing opportunities for first-time homebuyers and is not expected to significantly affect the availability of rental stock in the City. C. The proposed conversion will conform to the Temecula Municipal Code in effect at the time of Tentative Map and Development Plan approval, except as otherwise provided in this chapter; 3 G:\Planning\2006\PA06-0192 Morning Ridge Condo Cony TIM\Planning\PC RESOLUTION EXEMPT FROM CEQA.doc The proposed condominium conversion conforms to the Temecula Municipal Code and complies with all requirements of Chapter 16.21 of the Temecula Subdivision Ordinance and is subject to all requirements in effect on the approval date of the tentative map and development plan. D. The overall design, physical condition and amenities of the condominium conversion are consistent with those associated with condominium developments throughout the City and such elements achieve a high degree of appearance, quality and safety; As proposed and with the implementation of Conditions of Approval, the project design, physical condition and amenities are consistent with those associated with condominium developments throughout the City. The project has been fairly well maintained in the past, and with the proposed improvements, repairs and upgrades, the size of the project, and the fact that the conversion meets the requirements of the Subdivision Map Act and the Development Code, the project is well suited to be converted to individual condominiums. E. The proposed project will not convert, during the current calendar year, more than five percent of the potentially convertible rental units in Temecula for the current calendar year except as .otherwise provided in Chapter 16.21 of the Municipal Code; The proposed project involves the conversion of 200 apartment units (rentals). This conversion is the only approved to date during the current calendar year (2007). The 200 units represent 0.04 percent of the potentially convertible rental units in Temecula (based on 2007 DOF estimate of 5,399 existing multifamily rental units). F. There is no evidence in the public hearing record to indicate that vacancies in the project were intentionally increased for the purposes of preparing the . project for conversion; Staff has not received any correspondence from the public or residents of the subject property to indicate that vacancies in the project were intentionally increased for the purposes of preparing the project for conversion. G. There is no evidence in the public hearing record to indicate that tenants have been coerced to publicly support or approve the conversion, or to refrain from publicly opposing it, or to forgo any assistance to which they may be entitled; Staff has not received any correspondence from the public or residents of the subject property to indicate that tenants have been coerced to publicly support or approve the conversion, or to refrain from publicly opposing it, or to forgo any assistance to which they may be entitled. 4 G:\Planning\2006\PA06~0192 Morning Ridge Condo Conv TIM\Planning\PC RESOLUTION EXEMPT FROM CEQA.doc Section 3. Environmental Compliance. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be Categorically Exempt from further environmental review (Section 15301 Class 1, Existing Facilities). Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA06-0192, a Tentative Tract Map to create a one- lot residential condominium, located at the southwest corner of Rancho California Road and Margarita Road (Morning Ridge Apartments) subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. 5 G:IPlanning\2006\PA06-0192 Morning Ridge Condo Cony ITMlPlanninglPC RESOLUTION EXEMPT FROM CEQA.doc Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 29th day of August 2007. ~aeff'Cha;",," ATTEST: OO/.L-' L~ ~ Debbie Ubnoske, Secretary ~ ,,' .', :';:.2:.\ ".,' '.' ~ . t' .......: ! ~~~ ~ ~ [SEAL]' .: , --. ,/ '-.~ ~~ -'>'r"'" '~,-'t< STATE9F CALlF9t3NIA C0UNTY~OF RIVERSIDE CITYbF TEMECULA ) ) ss ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 07-29 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 29th day of August 2007, by the following vote: AYES: 5 PLANNING COMMISSIONERS: Carey, Chiniaeff, Guerriero, Harter, Telesio NOES: o PLANNING COMMISSIONERS: None ABSENT: 0 PLANNING COMMISSIONERS: None ABSTAIN: 0 PLANNING COMMISSIONERS: None 0dh<--~~ Debbie U noske, Secretary 6 G:\Planning\2006\P A06-0 192 Morning Ridge Condo Conv TIM\Planning\PC RESOLUTION EXEMPT FROM CEQA.doc EXHIBIT A FINAL CONDITIONS OF APPROVAL 7 G:\Planning\2006\PA06-0192 Morning Ridge Condo Conv TIM\Planning\PC RESOLUTION EXEMPT FROM CEQA.doc EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Applicatian Na.: PA06-0192 Praject Descriptian: A ane-Iat Tentative Tract Map (TIM 34907) far candaminium purpases to. canvert 200 apartment units to. candamlniums lacated at 30660 Milky Way Drive and assaclated with a Canditianal Use Permit and Multi- Family Residential Develapment Plan under Planning Applicatlan No.. PA06-0193 Assessar's Parcel No.. 944-220-003 MSHCP Categary: DIF Categary: TUMF Categary: Exempt Residential Attached Nat applicable (no. new residential units prapased) Appraval Date: Expiratian Date: August 29, 2007 August 29,2010 WITHIN 48 HOURS OF THE APPROVAL OF THIS PROJECT Planning Divisian 1. The applicant/develaper shall deliver to. the Planning Department a cashier's check ar maney arder made payable to. the Caunty Clerk in the amaunt af Sixty-Faur Dallars ($64.00) far the Caunty administrative fee, to. enable the City to. file the Natice af Exemptian as pravided under Public Resaurces Cade Sectian 21152 and Califarnia Cade af Regulatians . Sectian 15062. If within said 48-haur periad the applicant/develaper has nat delivered to. the Planning Department the check as required abave, the appraval far the praject granted shall be vaid by reasan af failure af canditian (Fish and Game Cade Sectian 711.4(c)). 2. The applicant shall sign bath capies af the final canditians af appraval that will be pravided by the Planning Department staff, and return ane signed set to. the Planning Department far their files. G:\Planning\2006\PA06.Q192 Morning Ridge Condo Conv TTMIPlannlnglFinal CaA-TENT MAP.doc 1 GENERAL REQUIREMENTS G:lPlanning\2006\PA06-0192 Morning Ridge Condo Cony TTMIPlanninglFinal COA-TENT MAP.doc 2 Planning Department 3. 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 30 days prior to the expiration date. 4. 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. 5. If Subdivision phasing is proposed, a Dhasina Dlan shall be submitted to and approved by the Planning Director. 6. A Homeowners' Association may not be terminated without prior City approval. 7. This approval is contingent on the approval of Planning Application No. PA06-0193 and related Conditions of Approval. Public Works Department 8. 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. 9. 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. 10. 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. 11. All improvement plans, grading plans, landscape and irrigation plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. G:IPlanning\2006\PA06-0192 Morning Ridge Condo Conv TTMlPlanninglFinal COA-TENT MAP.doc 3 Fire Prevention 12. 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. 13. The buildings will be required to be sprinklered. The fire sprinkler riser and fire alarm control panel need to be located in the same room. There needs to be 18 inches of clearance on both sides and the front of the fire sprinkler risers. Please show sprinkler riser room on plans. 14. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all buildings per CFC Appendix III.A, Table A-III-A-1. The developer shall provide for this project, a water system capable of delivering 4,000 GPM at 20 PSI residual operating pressure for a 4-hour duration. . The Fire Flow as given above has taken into account all information as provided (CFC 903.2, Appendix III-A) and Temecula Municipal Code 15.16.020. 15. 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). Building and Safety Department 16. All design components shall comply with applicable provisions of the 2001 edition of the California Building, Plumbing and Mechanical Codes; 2004 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. (For any proposed work as applicable to conversion). 17. Submit at time of plan review, a complete exterior site lighting plans showing compliance with Ordinance No. 655 for the regulation of light pollution. All street-lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. (For any proposed work as applicable to conversion). 18. Obtain all building plans and permit approvals prior to commencement of any construction work. (For any proposed work as applicable to conversion). 19. Show all building setbacks. 20. Developments with Multi-tenant Buildings or Shell Buildings shall 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 the location of a dedicated panel in place for the purpose of the operation of exterior lighting and fire alarm systems when a house meter is not specifically proposed. G:\Plannlng\2006\PA06-0192 Morning Ridge Condo Cony TTMlPlanninglFinal COA-TENT MAP.doc 4 21. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans (California Disabled Access Regulations effective April 1, 1998). (For any proposed work as applicable to conversion). 22. At plan Review Submittal, provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. (For any proposed work as applicable to conversion). 23. At Plan Review Submittal, provide precise grading plan at plan check submittal to check accessibility for persons with disabilities. (For any proposed work as applicable io conversion). 24. A pre-construction meeting is required with the building inspector prior to the start of the building construction. G:\Planning\2006\PA06-0192 Morning Ridge Condo Conv TTMIPlanninglFinal COA-TENT MAP.doc 5 PRIOR TO RECORDATION OF THE FINAL MAP G:IPlannlng12006IPA06-o192 Morning Ridge Condo Conv TTMIPlanninglFinal COA-TENT MAP.doc 6 Planning Department 25. 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 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 recorded 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 Owners' 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 include a plan for. equitable sharing of gas and water utilities. viii. The CC&R's shall provide that the association may not be terminated without prior City approval. ix. 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. x. 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. G:IPlanning\2006IPA06-0192 Morning Ridge Condo Conv TTMIPlanninglFinal COA-TENT MAP.doc 7 xi. All open areas and landscaping shall be permanently maintained by the association or other means acceptable to the City. 26. 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 assessmeni 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. 27. Developer shall provide the Planning Department with a copy of Warranty Insurance covering equipment and appliances pursuantto Section 16.21.080 (B) (10) of the Temecula Subdivision Ordinance. 28. Developer shall provide all present tenants with notice of an exclusive right to contact for the purchase of his or her respective unit and upon the same terms and conditions that such unit will be initially offered to the general public or terms more favorable to the tenant. The right shall run for a period of not less than ninety days from the date of issuance of the subdivision publiC report unless the tenant gives prior written notice of his or her intention not to exercise the right. Evidence of receipt by each tenant shall be submitted to the Planning Department. 29. Developer shall provide satisfactory evidence to the Planning Department that a long term reserve fund for replacement and repair has been established in the name of the Homeowners' Association. Such fund shall equal at least two times the estimated monthly homeowner's assessment for each dwelling unit, or an amount otherwise required by law. 30. Each tenant shall receive written notification within ten days of approval of a final map for the proposed conversion. Evidence of receipt by each tenant shall be submitted to the Planning Department. 31. Developer shall provide copy of Public Report submitted to Department of Real Estate to the Planning Department for our files. 32. Each tenant shall receive ten days written notice that an application for a public report will be or has been submitted to the Department of Real Estate, and that such report will be available on request from the Planning Department. Evidence of receipt by each tenant shall be submitted to the Planning Department. 33. All buildings, fences, patio enclosures, carports, sidewalks, driveways, and landscaped areas shall be in adequate condition consistent with a newly constructed project. The developer shall contact the Planning Department for inspection. The developer shali provide the Homeowners' Association and/or purchaser a one year warranty on all physical improvements required by this condition. G:IPlannin912006IPA06.Q192 Morning Ridge Condo Con. TTMIPlanninglFinal COA-TENT MAP.doc 34. All repairs and improvements listed in applicant's Statement of Repairs and Improvements dated July 25, 2007 (attached) and Remaining Useful Life Analysis (attached) (included in the staff report as Attachment 5 and Attachment 6) shall be completed to the satisfaction of the Planning and BUilding Departments. 35. All landscaping shall be restored as necessary and maintained in accordance with approved landscape plans. 36. Each parking space reserved for the handicapped shall be identified by a permanently affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parking space at a minimum height of 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off- street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating the following: "Unauthorized vehicles parked in designated accessible spaces not displaying distinguishing placards or license plates issued for persons with disabilities may be towed away at owner's expense. Towed vehicles may be reclaimed by telephoning (951) 696-3000." 37. . In addition to the above requirements, the surface of each parking place shall have a surface identification sign duplicating the Symbol of Accessibility in blue paint of at least 3 square feet in size. 38. Developer shall contact Planning Department to schedule physical inspection of project site, including each individual unit. 39. All of the foregoing conditions shall be complied with prior to any use allowed by this permit. 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: 40. 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. City of T emecula Fire Prevention Bureau d. Planning Department e. Department of Public Works f. Community Services District g. Southern California Edison Company h. Southern California Gas Company G:\Planning\2006\PA06-0192 Morning Ridge Condo Cony TTM\Plan~ing\Final COA- TENT MAP .doc . 9 41. 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. All utilities, except electrical lines rated 34kv or greater, shall be installed underground. 42. Relinquish and waive right of access to and from Milky Way Drive on the Final Map with the exception of three opening(s) as delineated on the approved Tentative Tract Map. 43. 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. 44. 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. 45. Any delinquent property taxes shall be paid. 46. An Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the Final Map to delineate identified environmental concerns and shall be recorded with the map. A copy of the ECS shall be transmitted to the Planning Department for review and approval. 47. 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. 48. 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. 49. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provider. Telephone, cable TV, . and/or security systems shall be pre-wired in the residence. 50. A 24-foot easement shall be dedicated for public utilities and emergency vehicle access for all private streets and drives. 51. Private drainage easements for cross-lot drainage shall be required and shall be delineated and noted on the Final Map. G:\Planning\2006\PA06-0192 Morning Ridge Condo Conv TTMIPlanninglFinal COA-TENT MAP.doc . 10 52. 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." 53. A 12-foot strip of land along the frontage of Rancho California Road shall be dedicated to the City of T emecula for future bike lane or lane per the up-dated General Plan adopted on April 12, 2005 byCity Council. Building and Safety Department 54. Prior to the approval of the final map, a physical inspection of the project site, including each individual unit, shall be made by the City building and safety department and Planning Department. Such inspection shall be made to ensure compliance with all applicable conditions of approval as specified in the tentative map and conditional use permit approval, and shall include any work deemed to have been performed without a permit. All such corrections shall be made prior to the approval of the final or parcel map. The subdivider shall be responsible for the payment of any fees related to the inspection of the project. a. Health and Safety: Each bathroom in each living unit shall be provided with ground fault circuit interrupters. b. Smoke Detectors: Each living unit shall be provided with approved detectors of products of combustion other than heat, conforming to the latest code standards as adopted by the City. c. Maintenance of Fire Protection Svstems: All fire hydrants, fire alarm systems, portable fire extinguishers, and other fire protective appliances shall be properly installed and maintained in an operable condition at all times. d. Shock MountinQ of Mechanical Equipment: All permanent mechanical equipment such as motors, compressors, pumps, and compactors which is determined by the City to be a source of structural vibration or structure-borne noise shall be shock mounted with inertia blocks or bases and/or vibration isolators in a manner approved by the Chief Building Official. e. Noise Standards: The structure shall conform to all interior and exterior sound transmission standards ofthe Uniform Building Code. In such cases where present standards cannot reasonably be met, the Planning Commission may require the applicant to notify potential buyers of the noise deficiency currently existing within these units. 55. Obtain street addressing for all proposed conversion of buildings prior to recording of Map. G:IPlanning\2006\PA06-0192 Morning Ridge Condo Conv TTMlPlannlnglFlnal COA-TENT MAP.doc 11 PRIOR TO ISSUANCE OF GRADING PERMITS G:IPlannlngI2006IPA06-0192 Mornln9 Ridge Condo Conv TTMIPlanninglFlnal COA- TENT MAP.doc 12 Public Works Department 56. As deemed necessary by the Department of Public Works,. the Developer shall receive . written clearance from the following agencies: a. Planning Department b. Department of Public Works c. Community Services District d. Fire Prevention Bureau 57. 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. 58. 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. 59. Construction phase pollution prevention controls shall be consistent with the City's Grading, Erosion and Sediment Control Ordinance and associated technical manual, and the City's standard notes for Erosion and Sediment Control. 60. 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. 61. 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. 62. 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. 63. 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. 64. All lot drainage shall be directed to the driveway by side yard drainage swales independent of any other lot. G:IPlannlng\2006IPA06-o192 Morning Ridge Condo Cony TTMIPlanninglFinal COA-TENT MAP.doc 13 PRIOR TO ISSUANCE OF BUILDING PERMIT G:IPlanning\2006IPA06.0192 Morning Ridge Condo Conv TTMlPlanninglFinal COA.TENT MAP.doc 14 Public Works Department 65. Final Map shall be approved and recorded. 66. The Developer shall vacate and dedicate the abutters rights of access along Milky Way Drive pursuant to the new location of the driveway. 67. 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. 68. Grading ofthe 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. 69. 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 T emecula Municipal Code and all Resolutions implementing Chapter 15.06. 70. 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 71. Prior to building permit, 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 thebuilding(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). Building and Safety Department 72. Provide appropriate stamp of a registered professional with original signature on plans prior to permit issuance. G:IPlanning\2006IPA06-o192 Morning Ridge Condo Conv TTMIPlanninglFinal COA-TENT MAP.doc 15 PRIOR TO CERTIFICATE OF OCCUPANCY G:\PlannlngI2006IPA06-0192 Morning Ridge Condo Conv ITMIPlanninglFinal COA-TENT MAP.doc 16 -, Public Works Department 73. 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. 74. 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 75. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by the Department of Public Works. 76. All improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of Public Works. 77. 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 78. Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective Markers" shall be installed to identify fire hydrant locations (CFC 90104.3). 79. Approved numbers or addresses shall be provided on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall be of a contrasting color to their background. Multi-family residential shall have a minimum twelve (12) inches numbers on the building. Single family residences and multi-family residential units shall have four (4) inch letters and lor numbers, as approved by the Fire Prevention Bureau (CFC 901.4.4). 80. A directory display monument sign shall be required for apartment, condominium, townhouse or mobile home parks. Each complex shall have an illuminated diagrammatic layout of the complex which indicates the name of the complex, all streets, building identification, unit numbers, and fire hydrant locations within the complex. Location ofthe sign and design speCifications shall be submitted to and be approved by the Fire Prevention Bureau prior to installation. 81. A "Knox-Box" shall be provided. The Knox-Box shall be installed a minimum of six (6) feet in height and be located to the right side of the main entrance door (CFC 90204). 82. All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by fire fighting personnel (CFC 902.4). G:\Planning\2006\PA06-0192 Momlng Ridge Condo Conv TTMIPlanninglFinal COA-TENT MAP.doc 17 83. Prior to final inspection of any building, the applicant shall prepare and submit to the Fire Department for approval, a site plan designating Fire Lanes with appropriate lane painting and or signs. . G:IPlanning\2006\PA06-0192 Morning Ridge Condo Cony TTMIPlanninglFinal COA-TENT MAP.doc 18 OUTSIDE AGENCIES G:IPlanning12006IPA06-o192 Morning Ridge Condo Cony TTMIPlarminglFinal COA-TENT MAP.doc 19 84. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated July 18, 2006, a copy of which is attached. 85. The applicant shall comply with the recommendations set forth in the Rancho California Water District's transmittal dated June 12, 2006, a copy of which is attached. 86. The applicant shall comply with the recommendations set forth in the Southern Califomia Gas Company's transmittal dated July 6, 2006, a copy of which is attached. By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant's Signature Date Applicant's Printed Name G:\Plannlng\2006\PA06-0192 Morning Ridge Condo Conv TTMIPlanning\Final COA-TENT MAP.doc . 20 ~~ o COvNTY OF RIVERSIDE · HEALI.1 SERVICES AGENCY 0 DEPARTMENT OF ENVIRONMENTAL HEALTH July 18,2006 ~~. CC; [.;":.' IJ-' \1,/ iC,; i.,:::\.. = I \J l--.. ; ----'ll -, JUt ;;:3 2a06 [0 By Planning DepartlTient City of Temecula Planning Department P.O. Box 9033 Temecula, CA 92589-9033 ATTN: Dale West: RE: TRACT MAP NO. 34907, lots 1,2,3 and 4 of tract 12189 as per map med in book 135, pages 17, 18, and 19 of maps, records of Riverside County, California. As amended by that certificate of correction recorded March 27, 1987 as instrument No. 84636 or official records of Riverside County, California. (lWT) To Whom It May Concern: 1. The Department of Environmental Health has reviewed Tract Map No. 34907 and recommends: a A water system shall be installed according to plans and specifications as approved by the water company and the Environmental Health Department. Permanent prints of the plans of the water system shall be submitted in triplicate, with a minimum scale not less than one inch equals 200 feet, along with the original drawing to the County Surveyor's Office. The prints shall show the internal pipe diameter, location of valves and fire hydrants; pipe and joint specifications, and the size of the main at the junction of the new system to the existing system. The plans shall comply in all respects with Div. 5, Part 1, Chapter 7 of the California Health and Safety Code, California Administrative Code, Title 11, Chapter 16, and General Order No. 103 of the Public Utilities Commk~ion of the State of California, when applicable. The plans shall be signed by a registered engineer and water company with the following certification: nI certify that the design of the water system in Tract Map No. 34907 is in accordance with the water system expansion plans of the Rancho California Water District and that the water services, storage, and distribution system will be adequate to provide water service to such "Tract Mapn. This certification does not constitute a guarantee that it will supply water to such Parcel Map at any specific quantities, Bows or pressures for fire protection or any other purpose. This certification shall be signed by a responsible official of the water company. The plans must be submitted to the Countv Surveyor's Office to review at least two weeks PRIOR to the request for the recordation of the final t1Ulp.This Department has no written verification of water service from Rancho California Water District. . ,I Enforcement Agency. PO. Box 1280. Riverside. CA 92502.1280 . (909) 955.8982 . FAX (909) 781-9653 . 4080 Lemon 5treet. 9th Floor. Riverside, CA 92501 j Use and Water Engineering' PO. Box 1206. Riverside. CA 92502.1206 . (909) 955.8980 . FAX 1909) 955.8903 . 4080 Lemon Street. 2nd Floor. Riverside, CA 92501 Page Two Attn: Dale West July 18, 2006 2. This subdivision is within the Eastern Municipal Water District and shall be connected to the sewers of the District. The sewer system shall be installed according to plans and specifications as approved by the District, the County Surveyor's Office and the Health Department. Permanent prints of the plans of the sewer system shall be submitted in triplicate, a1Qng with the original drawing, to the County Surveyor's Office. The prints shall show the internal pipe diameter, location of manholes, complete profiles, pipe and joint specifications and the size of the sewers at the junction of the new system to the existing system. A single plat indicating location of sewer lines and waterlines shall be a portion of the sewage plans and profiles. The plans shall be singed by a registered engineer and the sewer district with the following certification: "I certifY that the design of the sewer system in Tract Map No. 34907 is in accordance with the sewer system expansion plans of the Eastern Municipal water District and that the waste disposal system is adequate at this time to treat the anticipated wastes from the proposed Tract Map". The plans must be submitted to the County Surveyor's Office to review at least two weeks PRIOR to the request for the recordation of the final~. This Department has no written verification of sewer service from Eastern MuniCipal Water District. 3. It will be necessary for financial arrangements to be completely finaJi7-ed PRIOR to recordation of the final map. ~. Supervising Environmental Health Specialist @ RmhD Water BoudotDirectora _a._ ........... ......... J. eo.o.. Sr. Vlce Pn.Ident Ralph R nau,. u... D.Berman John E.1IoqIuul . MIcbae1 a. McIDIIaa. WDJIam. B. Plummer llfIIom, BriaIIJ.Brady Genmol_ PldWp L ForbeI: A.uUtant Geund Manapr' ChJolPU>ood8l """'" B.P."Bob-Lemom _ot_ I'en7 a. ....... _ot_ JelI 8, Armstrona' Can"""'" KeD! II. G..da """'" ......... c. IIlchaeI Cowett Bed:ae.t A Krlepr UP Genmol Co""'" June 12,2006 Case Planner County of Riverside Department of Environmental Health 38740 Sky Canyon Drive Murrieta, CA 92563 SUBJECT: WATER AVAILABILITY MORNING RIDGE APARTMENTS CONDOMINIUM CONVERSION; LOTS NO.1, NO.2, NO.3, AND NO. 4.0F TRACT NO. 12189 APN 944-220-001, APN 944-220-002, APN 944-220-003, AND APN 944-220-004 . [MORNING RIDGE, LLC] To Whom It May Concern: Please be advised that the above-referenced property is located within the boundaries of Rancho California Water District (RCWD). Water service, therefore, would be available upon construction of any required on-site and/or off-site water facilities and the completion of financial arrangements between RCWD and the property owner. If fire protection is required, the customer will need. to contact RCWD for fees and requirements. Water availability would be contingent upon the property owner signing an Agency Agreement that assigns water management rights, if any, to RCWD. This project is converting to a residential condominium development, with individual building owners and an Owner's Association maintaining the common property and private sewer, water, fire protection, and landscape irrigation facilities. RCWD will require that the City of Temecula include a Reciprocal Easement and Maintenance Agreement for these on-site private facilities, as a condition of approval for the project. If you should have any questions, please contact an Engineering Services Representative at this office. Sincerely, RANCHO CALIFORNIA WATER DISTRICT ~ 'h_7h~+- Mic at:! G. Meyerpet~:p.{j)r Acting Development Engineering Manager cc: Laurie Williams, Engineering Services Supervisor 06\MM:1[l1216\!'EG "R8DchO-:cantomt."Water riiStrlci ~lS15 WInchester Road . Post OftieeBo.l: 9017 . Temecula, Califomia 921589-9017 . (9lil) 296.6900 . FAX (951) 296-6860 wwW.~.com. ~~g~~~~ ~ JUt. j 0 lUUI ~ 13'1 Planning oep Southern Californi. Gas Compan}'" A a'Sempra Energy. company July 6, 2006 City of Temecula Attn: Dale West P.O. Box 9033 Temecula, CA 92589-9033 Re: PA06-0192 - Morning Ridge Condo TTM Rancho California Rd & Margarita Rd (30660 Milky Way Drive) . Temecula Southern California Gas Company-Transmission Department (The Gas Company) has received your request for pipeline locations within the general area of your proposed project. The Gas Company operates and maintains (16, 24, 30) - inch high pressure natural gas lines (1027, 1028, 6900) within the limits of your construction project. Attached are copies of our pipeline Atlas sheets (RCO 8647) which show the location of our pipelines. While we cannot guarantee the accuracy of these maps they . are included to assist you in your planning and design. Design parameters for The Gas Company shall include: . Consideration be given to the safety of our pipeline during the design and construction stages. . No mechanical equipment will be permitted to operate within three horizontal feet of the pipeline, and any closer work must be done by hand. . A representative of The Gas Company must observe the excavation arourid or near our facilities to insure protection and to record pertinent data necessary for our operations. Upon request, at least two (2) working days prior to the start of construction, we will locate and mark our active underground facilities for the contractor at no cost. Please call Underground Service Alert (USA) at (800)422-4133. Arrangements for someone to stand-by and observe can be made by calling (951) 845-0712 two working days prior to the start of construction. We would appreciate it if you would place a note on your plans to that effect. SouthemCaIIlomla GasC_ i/400 0aIaf0/e Avenue Oumwotth. ~ 91J/J MDiIiJIgAildms, P. QBax2JOO Oumwotth. ~ 9IJ/J-2JOO M.l.9JU tel818-701-4j46 {<DC 818-701-3441 City of Temecula Page 2 Re: PA06.()192 . Morning Ridge Condo TTM Rancho California Rd & Margarita Rd (30660 Milky Way Drive) . Temecula We will also require "final" grading plans and construction profiles prior to the start of construction. Within the limits of your proposed construction, if you have not already done so, please contact the East Distribution Region of The Gas Company for information on their pipelines. You can contact them at (909) 335-7725 . and they will furnish you with any information you may require. Future correspondence pertaining to this project should be mailed to: THE GAS COMPANY 251-A East First St Beaumont, CA 92223-2903 Attn: Tim Pearce, Mail Location 8080 If a conflict is identified and can only be resolved by the relocation of our facilities, please be advised that the projected timetable for the completion of this relocation is one year. This includes planning, design, material procurement, cathodic protection, permits, environmental issues and construction. Please refer to our Document Control Plan File # 150-06-1027, 1028, 6900 and any correspondence directed to this office, in connection with this project. If you have further questions or require additional assistance, please contact Tim Pearce at (951) 845-0709. Sincerely, ~~Iyn~ ires Pipeline anning Assistant Transmission Department 00: TPearoe PA06 0192 MomlngRJdgeCondo RanchoCellfRdMargarlta Tamecula.doc