Loading...
HomeMy WebLinkAbout07_040 PC Resolution PC RESOLUTION NO. 07-40 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA07-0084, A TENTATIVE PARCEL MAP (TPM 35481) TO SUBDIVIDE 5.3 ACRES INTO TWO LOTS, LOCATED AT THE SOUTHWEST CORNER OF RANCHO CALIFORNIA ROAD AND MORAGA PROJECT DESCRIPTION (APN 944-290-022) Section 1. Procedural FindinQs. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On March 15, 2007, Bob Crisell of Rancho View Professional Center, LP, filed Planning Application No. PA07-0084, a Tentative Parcel 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 October 3, 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. PA07-0084 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 FindinQs. The Planning Commission, in approving the Application hereby finds, determines and declares that: Tentative Parcel Map (Section 16.09.140) A. The proposed subdivision and the design and improvements of the subdivision are consistent with the Development Code, General Plan, and the City of Temecula Municipal Code; Tentative Parcel Map No. 35481 is consistent with the General Plan, the Subdivision Ordinance, the Development Code, and Municipal Code because the project has been designed in a manner that is consistent with the policies and standards in the General Plan, Subdivision Ordinance, Development Code, and Municipal Code. G:\Planning\2007\PA07-0084 Rancho View Prof Ctr I & II TPMIPlanninglPC RESOLUTION WITH NEG DEC OR NOD. doc 1 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 agricultural use; The subject parcels do not propose to divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965. The subject property has not been designated for conservation or agricultural land and is not subject to the California Land Conservation Act of 1965. C. The site is physically suitable for the type and proposed density of development proposed by the Tentative Map; The site is physically suitable for the proposed office development because the proposed use is consistent with the General Plan and Development Code. The proposed Tentative Parcel Map (TPM 35481) meets the minimum lot size requirements contained within the Development Code, and is consistent with all of the requirements found within City of Temecula General Plan and the City of Temecula Subdivision Ordinance. The subdivision (TPM 35481) is therefore consistent with the Professional Office zone. 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 proposed project site does contain sensitive habitat or wetlands. E. The design of the subdivision and the type of improvements are not likely to cause serious public health problems; The project, as conditioned by the Fire Prevention Bureau, the Public Works Department, and the Building and Safety Department, will comply with the applicable improvement requirements designed to prevent serious public health problems. Furthermore, provisions are made in the General Plan and the Development Code to ensure that the public health, safety and welfare are safeguarded. The project is consistent with these documents. F. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible; Prior to any issuance of building permits for the subject subdivision, and prior to any construction, the applicant will be required to submit building plans to the City of Temecula Building Department. These plans will be required to comply with all applicable Uniform Building Codes, which also include requirements for energy conservation. Therefore, the construction plans will comply with all applicable building codes and State energy guidelines. G:\Planning\2007\PA07-0084 Rancho View Prof Ctr I & II TPMIPlanninglPC RESOLUTION WITH NEG DEC OR NOD.doc 2 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 required right-of-way easements are included on the Tentative Parcel Map (TPM 35481). The City has reviewed these easements and the design of alternate easements, and determined the type of improvements will not conflict with the easements acquired by the public at large for access through or use of property within the proposed subdivision. H. The subdivision is consistent with the City's parkland dedications requirements (Quimby); The subdivision is consistent with the dedication requirement. Section 3. Environmental FindinQs. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Tentative Parcel Map No. 35481 (PA07-0084): A. Pursuant to California Environmental Quality Act ("CEQA"), City staff prepared an Initial Study of the potential environmental effects of the approval of the Tentative Parcel Map No. 35481 (PA07-0084) as described in the Initial Study ("the Project"). Based upon the findings contained in that study, City staff determined that there was no substantial evidence that the Project could have a significant effect on the environment and a Mitigated Negative Declaration was prepared. B. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration as required by law. The public comment period commenced on September 12, 2007 and expired on October 1, 2007. Copies of the documents have been available for public review and inspection at the offices of the Department of Planning, located at City Hall, 43200 Business Park Drive, Temecula, California 92590. C. No written comments were received prior to the Planning Commission packet distribution. Any written comments received prior to the public hearing will be reviewed and responses prepared and distributed to the Planning Commission at the public hearing. D. The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration prior to and at the October 3, 2007 public hearing, and based on the whole record before it finds that: (1) the Mitigated Negative Declaration was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment; and (3) Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. G:lPlanning\2007IPA07-0084 Rancho View Profelr I & II TPMlPlanninglPC RESOLUTION WITH NEG DEC OR NOD.doc J E. Based on the findings set forth in this Resolution, the Planning Commission hereby adopts the Mitigated Negative Declaration prepared for this project. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA07-0084, Tentative Parcel Map No. 35481, located at the southwest corner of Rancho California Road and Moraga Road, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. G:lPlanning\2007IPA07-0084 Rancho View Profetr I & II TPMlPlanninglpe RESOLUTION WITH NEG DEe OR NOD.dnc 4 Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 3rd day of October 20 . ...... ATTEST: lph/P ~ Debbie Ubnoske, Secretary [SEAL] 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. 07-40 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 3rd day of October 2007, by the following vote: AYES: 5 PLANNING COMMISSIONERS: Carey, Chiniaeff, Guerriero, Harter, Telesio NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 0 PLANNING COMMISSIONERS: None ABSTAIN: 0 PLANNING COMMISSIONERS: None ~...".' ~~~ Debbie Ubnoske, Secretary G:lPlanning\2007IPA07-0084 Rancho View profelr I & II TPMlPlanninglPe RESOLUTION WITH NEG DEe OR NOD.doc 5 EXHIBIT A FINAL CONDITIONS OF APPROVAL SCANNED: G DRIVE: PERMITS PLUS: G:IPlanning\2007IPA07-0084 Rancho View Prof etr I & II TPMIPlanninglFINAL COAs-TENT MAP.doc 1 -u J(( Cl, \ !olI!CI!.D \'/lEf[)-'1, . . 'ro OCT 1 1"2007 I~~ By . PlanfllngOepaltm19nf ACCEPTANce O,FCOWDtT10N,S OF:' A.PPROVAL: I, Bob Orlsell, understand that I='lanning AppflcafloFt Ni:l.PA07~OO$4 has been ap/lrov..dwith Con!'litlons. o.f Approval whioh are set fol'1/1ln El<hlt\it A.. I havlill16111d the CaodllfQfls of Appr9-V<ll contatiledin P"C R~QIUtlOh No. 07-40 ahQ under~i:lfld m$n'l. Throughslghing,this ACClEPTAN.CE OF CON.DIT10NS OF APPROV1\L, I ali)fee and commlt!Q thfi Citv of Temecwa that I will imp~meht a'h.d abide ~y lhe C.onditlons of Appro.val, Includll'lg any indemnification r.e.quirements tmpooed by !hoSJ;l condltlons. ~\ ~ . dD ~ 10 F L.-0-07 DATE ACCEPTED AND APPROVED: Rancho View Professional Center, L.P., a California limited partnership By: Ranch View Management, LLC, a California limited liability company fis: General Partner By: WEC Investments LLC. a California limited liability company Its: Co-Managing Member By: By: t By: Robert W. Crise Date: October 10, 2007 G:lI'kmnlng\2~Q'l\PA"07~OS4 ilaneho View Pl"/lfetr'l &-II'TPMIPlilnrilng~II\IAL OOlIsITilNT -MiIP.doc 2 EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA07-0084 Project Description: A Tentative Parcel Map to subdivide 5.3 acres into two parcels, generally located at the southwest corner of Rancho California Road and Moraga Road Assessor's Parcel No.: 944-290-022 MSHCP Category: DIF Category: Commercial Office TUMF Category: Office Approval Date: October 3, 2007 Expiration Date: October 3, 2009 WITHIN 48 HOURS OF THE APPROVAL OF THIS PROJECT Planning Department 1. The applicanUdeveloper shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of One Thousand Eight Hundred Sixty-Four Dollars ($1,864.00) which includes the One Thousand Eight Hundred Dollar ($1,800.00) fee, required by Fish and Game Code Section 711.4(d)(3) plus the Sixty- Four Dollar ($64.00) County administrative fee, to enable the City to file the Notice of Determination 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 applicanUdeveloper 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)]. 2. The applicant shall sign the Acceptance of Conditions of Approval document that will be provided by the Planning Department staff and return the document with an original signature to the Planning Department. G:IPlanning\2007IPA07-0084 Rancho View Prof Ctr I & II TPMIPlanninglFINAL COAs-TENT MAP.doc 3 GENERAL REQUIREMENTS G:IPlanning\2007IPA07-Q084 Rancho View Prof Ctr I & II TPMIPlanninglFINAL COAs-TENT MAP.doc 4 Planning Department 3. The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirernents of Ordinance No. 460, unless rnodified by the conditions listed below. An Extension of Tirne rnay be approved in accordance with the State Map Act and City Ordinance, upon written request, if rnade 60 days prior to the expiration date. 4. The applicant and owner of the real property subject to this condition shall hereby agree to indernnify. protect, hold harmless, and defend the City with Legal Counsel of the City's own selection frorn any and all claims, actions, awards, judgrnents, or proceedings against the City to attack, set aside, annul, or seek rnonetary darnages 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 Pianning 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 DhasinQ plan shall be submitted to and approved by the Planning Director. 6. The applicant shall comply with all mitigation measures contained in the approved Mitigation Monitoring Program. 7. A Homeowners Association may not be terminated without prior City approval. 8. All landscaping including parkways and landscaping within right-of-way shall be maintained by the property owner. Building and Safety Department 9. All design components shall comply with applicable provisions of the 2001 edition of the California Building, Plumbing and Mechanical Codes; 2004 California Electrical Code; Title 24 Disabled Access Regulations, and the Temecula Municipal Code. 10. The City of Temecula has adopted an ordinance to collect fees for a Riverside County area wide Transportation Uniform Mitigation Fee (TUMF). Upon the adoption of this ordinance on March 31, 2003, this project will be subject to payment of these fees at the time of building permit issuance. The fees shall be subject to the provisions of Ordinance 03-01 and the fee schedule in effect at the time of building permit issuance. 11. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building and Safety Department to ensure the payment or exemption from School Mitigation Fees. 12. Obtain all building plans and permit approvals prior to the commencement of any construction work. G:IPlanning\2007IPA07-0084 Rancho View Prof Ctr I & II TPMIPlanninglFINAL COAs-TENT MAP.doc 5 13. Show all building setbacks. 14. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans (California Disabled Access Regulations effective April 1 , 1998). 15. Provide disabled access from the public way to the main entrance of the building. 16. Provide van accessible parking located as close as possible to the main entry. 17. Show path of accessibility from parking to furthest point of improvement. 18. Provide a house electrical meter to provide for the operation of irrigation, fire alarm systems and exterior lighting at each building. Public Works Department The Department of Public Works recommends the following Conditions of Approval for this project. Unless stated otherwise, all conditions shall be completed by the Developer at no cost to any Government Agency: 19. 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. 20. A Grading Permit for rough 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. 21. 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. 22. 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\2007IPA07-0084 Rancho View Prof Ctr I & II TPMIPlanninglFINAL COAs-TENT MAP.doc 6 PRIOR TO ISSUANCE OF GRADING PERMITS G:IPlanning\2007IPA07-0084 Rancho View Prof Ctr I & II TPMIPlanninglFINAL COAs-TENT MAP.doc 7 Planning Department 23. The following shall be included in the Notes Section of the Grading Plan: "If at any time during excavation/construction of the site, archaeological/cultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Director of Planning at his/her sole discretion may require the property to deposit a sum of money it deems reasonably necessary to allow the City to consult and/or authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the discovery is not an archaeological/cultural resource, the Director of Planning shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeological/cultural resource, the Director of Planning shall notify the property owner that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Director of Planning." 24. A copy of the Rough Grading plans shall be submitted and approved by the Planning Department. 25. The Planning Department shall be notified in the event any cultural resources are discovered during any and all grading, earthmoving or construction activities. 26. A qualified paleontological monitor shall provide cultural resources sensitivity training (a minimum 15-minute presentation) for all project personnel prior to ground disturbance. Proof of training shall be submitted to the Planning Department. 27. A qualified paleontological monitor shall be present during ground disturbing activities within the project area determined likely to contain paleontological resources. All impacts to the Pauba Formation shall be monitored. The Applicant shall supply the contact information of the paleontological consultant to the Planning Department. 28. Upon encountering any significant fossils, salvage of all fossils in the area shall be conducted in accordance with modern paleontological techniques. The Planning Department shall be notified immediately upon the discovery of any resources. 29. Any significant fossils recovered shall be prepared to a reasonable point of identification. Itemized catalogs of all material collected and identified shall be provided to the museum repository along with the specimens. 30. Prior to the issuance of a building permit, a report shall be submitted to the Planning department documenting the results of the monitoring and any salvage activities and the significance of the fossils shall be prepared. 31. Any significant fossils recovered, along with the itemized inventory of the specimens, shall be deposited in a museum repository for permanent curation and storage. A written confirmation shall be provided to the Planning Department prior to occupancy. 32. Applicant shall comply with the following mitigation measures during all grading, earthmoving and construction operations: G:IPlanning\2007IPA07-0084 Rancho View Prof Ctr I & II TPMIPlanninglFINAL COAs-TENT MAP.doc 8 a. Use of Best Available Control Measures pursuant to Air Quality Management District guidelines for PM-10 and for diesel equipment exhaust; and during all grading activities. b. Water all active construction areas three times daily. c. Cover all haul trucks or wet down dirt maintaining at least two feet of freeboard. d. Pave or apply water four times daily to all unpaved parking or staging areas. e. Reduce speed on unpaved areas of the project site to less than 15 miles per hour. f. Sweep or wash any site access points within 30 minutes of any visible dirt deposition on any public roadway. g. Cover or water twice daily anyon-site stockpiles of debris, dirt or other dusty material. h. Suspend all operations on any unpaved surface if winds exceed 25 miles per hour. i. Hydro seed or otherwise stabilize any cleared area which is to remain inactive for more than 96 hours after clearing is completed. j. gO-day 10w-NOx Tune up for all off-road equipment. k. Trucks and heavy equipment shall idle no more than five minutes. I. Park construction vehicles off traveled roadways. m. Wash or sweep access points daily. n. Sandbag construction sites for erosion control. o. Limit lane closures to off-peak travel periods. Building and Safety Department 33. Obtain street addressing for all proposed building prior to submittal for plan review. Site plan to indicate all suite numbering in direct correlation with addressing and proposed buildings. 34. Restroom fixtures, number and type, to be in accordance with the provisions of the 2001 edition of the California Building Code Appendix 29. 35. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. 36. Provide precise grading plan at plan check submittal to check accessibility for persons with disabilities. 37. A pre-construction meeting is required with the building inspector prior to the start of the building construction. Public Works Department 38. 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 G:IPlanningI2007IPA07-0084 Rancho View Prof Ctr I & II TPMIPlanninglFINAL COAs-TENT MAP.doc 9 b. Planning Department c. Department of Public Works d. Community Services District 39. 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. 40. The setback requirement for all toe and top of slopes shall conform to the latest California Building Code, Appendix 33A. 41. A Soils Report shall be prepared by a registered Civil or Soils Engineer and submitted to the Departrnent 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. 42. A Geotechnical Report shall be prepared by a registered engineer or engineering geologist and submitted to the Department of Public Works with the initial grading plan check. The report shall address special study zones and identify any geotechnical hazards for the site including location of faults and potential for liquefaction. The report shall include recommendations to mitigate the impact of ground shaking and liquefaction. 43. 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 storrn 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. 44. 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. 45. The project shall demonstrate coverage under the State NPDES General Permit for Construction Activities by providing a copy of the Waste Discharge Identification number (WOlD) 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. 46. A Water Quality Management Plan (WQMP) shall be prepared by a registered Civil Engineer and submitted to the Department of Public Works with the initial grading plan check. The WQMP shall address site design, source control and treatment control Best Management Practices and be prepared in accordance with the Riverside County Water Quality Management Plan for Urban Runoff. The WQMP shall be accepted as cornplete by the Department of Public Works prior to issuance of a grading permit. G:IPlannlng\2007IPA07-0084 Rancho View Prof Ctr I & II TPMIPlanninglFINAL COAs-TENT MAP.doc 10 47. 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. 48. 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. 49. The applicant shall compiy 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. 50. 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:IPlanningI2007\PA07-0084 Rancho View Prof Ctr I & II TPMIPlanninglFINAL COAs-TENT MAP.doc 11 PRIOR TO ISSUANCE OF BUILDING PERMITS G:IPlanning\2007IPA07-0084 Rancho View Prof Ctr I & II TPMIPlanninglFINAL COAs-TENT MAP.doc 12 Public Works Department 51. Parcel Map shall be approved and recorded. 52. The Developer shall vacate and dedicate the abutters rights of access along Via Las Colinas pursuant to the new location of the driveway. 53. 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. 54. 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. 55. 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. 56. 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. G:IPlanningI2007\PA07-0084 Rancho View Prof Ctr I & 11 TPMIPlanninglFINAL COAs-TENT MAP.doc 13 PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY G:IPlanning\2007IPA07-0084 Rancho View Prof Ctr I & II TPMIPlanninglFINAL COAs-TENT MAP.doc 14 Public Works Department 57. 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. 58. 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 59. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by the Department of Public Works. 60. All improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of Public Works. 61. 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. G:IPlanning\2007IPA07-0084 Rancho View Prof Ctr I & II TPMIPlanninglFINAL COAs-TENT MAP.doc 15 PRIOR TO RECORDATION OF THE FINAL MAP G:IPlanningI2007IPA07-0084 Rancho View Prof Ctr I & II TPMIPlanninglFINAL COAs-TENT MAP.doc 16 Planning Department 62. The following shall be submitted to and approved by the Planning Department: 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. ii. An Initial Study was prepared for this project and is on file at the City of Temecula Planning Department. 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. G:\Planning\2007\PA07-0084 Rancho View Prof Ctr I & II TPM\Planning\FINAL COAs-TENT MAP.doc 17 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 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. 63. 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 fiexibility 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. 64. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Public Works Department Prior to Approval of the Parcel 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. 65. 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. City of Temecula Fire Prevention Bureau e. Planning Department f. Department of Public Works g. Community Services District G:IPlanningI2007\PA07-0084 Rancho View Prof Ctr I & II TPMIPlanninglFINAL COAs-TENT MAP.doc 18 66. 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 California Road (Arterial Highway Standards - 110' RfW) to include dedication an additional 12' of street right-of-way, installation of sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer), raised landscaped median. b. Improve Moraga Road (Collector Road Standards - 66' RIW) to include dedication of half-width street right-of-way, installation of half-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). c. Improve Via Las Colinas (Local Road Standards - 60' RfW) to include dedication of half-width street right-of-way, installation of half-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). d. All street improvement design shall provide adequate right-of-way and pavement transitions per Caltrans standards for transition to existing street sections. 67. The Developer shall design and construct or provide an in lieu of construction fee for half width raised landscape median on Rancho California Road (Arterial Highway Standards- 110' RIW) from sta 37+80.00 to 43+10.00 (along property frontage). Plans shall be reviewed and approved by the Department of Public Works. 68. 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 AC. 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 Nos. 800 & 801. d. Concrete sidewalks shall be constructed in accordance with City Standard Nos. 400 and 401. e. Design of street improvements shall extend a minimum of 300 feet beyond the project boundaries to ensure adequate continuity of design with adjoining properties. f. Minimum centerline radii shall be in accordance with City Standard No. 113. g. All reverse curves shall include a 100-foot minimum tangent section. h. All street and driveway centerline intersections shall be at 90 degrees. i. All knuckles shall be constructed in accordance with City Standard No. 602. j. All cul-de-sacs shall be constructed in accordance in City Standard No. 600. k. All concentrated drainage directed towards the public street shall be conveyed through curb outlets per City Standard No. 301. G:IPlanning\2007\PA07-0084 Rancho View Prof Ctr I & II TPMIPlanninglFINAL COAs-TENT MAP.doc 19 I. 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. m. All utilities, except electrical lines rated 34kv or greater, shall be installed underground. 69. 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. 70. Relinquish and waive right of access to and from Rancho California Road on the Parcel Map with the exception of two opening(s) on Via Las Colinas as delineated on the approved Tentative Parcel Map. 71. 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. 72. 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. 73. 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 Parcel Map, the Developer shall make an application for reapportionment of any assessments with appropriate regulatory agency. 74. Any delinquent property taxes shall be paid. 75. An Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the Parcel Map to delineate identified environmental concerns and shall be recorded with the map. A copy of the ECS shall be transmitted to the Public Works Department and the Planning Department for review and approval. 76. 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. 77. 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 Parcel 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. G:IPlanningI2007IPA07-0084 Rancho View Prof Ctr 1& 11 TPMIPlanninglFINAL COAs-TENT MAP.doc 20 78. 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. 79. 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. 80. Private drainage easements for cross-lot drainage shall be required and shall be delineated and noted on the final map. 81. An easement for a joint use driveway shall be provided prior to approval of the Parcel Map or issuance of building permits, whichever occurs first. 82. 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 83. TCSD shall review and approve the CC&R's. G:IPlanning\2007\PA07-0084 Rancho View Prof Ctr I & II TPMIPlanninglFINAL COAs-TENT MAP.doc 21 OUTSIDE AGENCIES G:\PlanningI2007IPA07-0084 Rancho View ProI Ctr I & II TPMIPlanninglFINAL CQAs-TENT MAP.doc 22 84. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated April 4, 2007, a copy of which is attached. G:\Planning\2007IPA07-0084 Rancho View ProI Ctr 1& 11 TPMIPlanninglFINAL COAs-TENT MAP.doc 23 o Cc ---,NTY OF RIVERSIDE . HEAL .. SERVICES AGENCY 0 DEPARTMENT OF ENVIRONMENTAL HEALTH Apri14,2007 :~< r"(-'~ . , :f { .J .) ~-,ul City ofTemecuIa Planning Department P.O. Box 9033 Temecula, CA 92589-9033 A1TN: Betsy Lowrey: RE: PARCEL MAP NO. 35481, (2 LOTS) ..., -' ."-,, -"-' " .~.,-~_._...--,,"-----~~ '; D~:::;~~-~":':~:;",: Dear Ms. Lowrey: 1. The Department of Environmental Health has reviewed Tract Map No. 35481 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. Pennanent 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 Commission of the State of California, when applicable. The plans shall be signed by a registered engineer and water company with the following certification: "I certifY that the design of the water system in Parcel Map No. 35481 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 "Parcel Mapn. This certification does not constitute a guarantee that it will supply water to such Parcel Map at any specific quantities, flows or pressures for fire protection or any other purpose. This certification shall be signed by Ii responsible official of the water company. 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 map. This Department has no written verification of water service from Eastern Municipal Water District. local Enforcement Agency. PO. Box'1280. Riverside. CA 92502-1280. (909) 955-8982. FAX (909) 781-9653 . 4080 Lemon Street. 9th FloOL Riverside. CA 92501 l.and Use and Water Engine!:!ring . PO. l30x 1206, Riverside. CA 92!'i02-1206 . (909i 955-8980 . FAX (909) 955-8903 . 4080 Lemon Street. 2nd Floor. Riverside. (.6. CJ2S01 Page Two Attn: Betsy Lowrey April 4, 2007 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. Pennanent prints of the plans of the sewer system shall be submitted in triplicate, along 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 ofthe 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 Parcel Map No. 35481 is in accordance with the sewer system expansion plans of the Eastem 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 finaI map. This Department has no written verification of sewer service from Eastern Municipal Water District. am Martinez Supervising Environmental Health Specialist